By: Goodman H.B. No. 758
73R3094 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the accrual of interest on delinquent child support.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 14.34, Family Code, is amended to read as
1-5 follows:
1-6 Sec. 14.34. ACCRUAL OF <PREJUDGMENT> INTEREST ON DELINQUENT
1-7 CHILD SUPPORT. (a) Interest accrues on delinquent <an unpaid>
1-8 child support <obligation prior to judgment> at the rate of 12 <10>
1-9 percent a year from the date the support is delinquent until the
1-10 date the support is paid, regardless of whether the amount of child
1-11 support in arrears has been reduced to judgment by the court as
1-12 provided by Section 14.41 of this code. A court that confirms the
1-13 amount of child support in arrears under Section 14.41 of this code
1-14 shall include the amount of interest owed in the total amount
1-15 confirmed <computed monthly. If a child support payment is made
1-16 before the 31st day after the day that the payment is due, interest
1-17 does not accrue on the amount of child support that is paid and
1-18 that is 30 days or fewer overdue>.
1-19 (b) A child support payment is delinquent if the payment is
1-20 not received by the obligee, registry, or other entity specified in
1-21 the child support order before the 31st day after the payment date
1-22 stated in the order. If a payment date is not stated in the child
1-23 support order, a child support payment is delinquent if payment is
1-24 not received by the obligee, registry, or other entity specified in
2-1 the child support order on the date that an amount equal to the
2-2 support payable for one month becomes past due.
2-3 (c) Interest <(b) Prejudgment interest> that accrues as
2-4 provided by this section is part of the child support obligation
2-5 and may be collected by any means provided for the collection of
2-6 child support. An amount collected in excess of current child
2-7 support shall be applied, first, to delinquent child support and
2-8 interest that has not been reduced to judgment under Section 14.41
2-9 of this code and, second, to delinquent child support and interest
2-10 that has been reduced to judgment under Section 14.41 of this code.
2-11 SECTION 2. Article 1.05, Title 79, Revised Statutes (Article
2-12 5069-1.05, Vernon's Texas Civil Statutes), is amended by adding
2-13 Section 8 to read as follows:
2-14 Sec. 8. This article does not apply to interest that accrues
2-15 on delinquent child support under Section 14.34, Family Code.
2-16 SECTION 3. This Act takes effect September 1, 1993, and
2-17 applies only to child support due and owing after the effective
2-18 date of this Act.
2-19 SECTION 4. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended.