By:  Goodman                                          H.B. No. 1225
       73R3097 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the enforcement of child support orders against the
    1-3  estate of a decedent.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 14.05(d), Family Code, is amended to read
    1-6  as follows:
    1-7        (d)  Unless otherwise agreed to in writing or expressly
    1-8  provided in the decree, provisions for the support of a child are
    1-9  terminated by the marriage of the child or<,> the removal of the
   1-10  child's disabilities for general purposes.  The obligation to
   1-11  support the child under the court order continues to apply against
   1-12  the estate of a deceased obligor until the allowance authorized
   1-13  under Section 286, Texas Probate Code, for the benefit of the child
   1-14  has been ordered or until the property included in the estate is
   1-15  distributed to the heirs or devisees of the decedent.  Unpaid,
   1-16  delinquent child support accruing before or after the death of the
   1-17  obligor is a claim against the estate of the obligor<, or the death
   1-18  of a parent obligated to support the child>.
   1-19        SECTION 2.  Section 14.41(a), Family Code, is amended to read
   1-20  as follows:
   1-21        (a)  Judgment for Arrearages.  A periodic child support
   1-22  payment not timely made shall constitute a final judgment for the
   1-23  amount due and owing, including interest as provided by Section
   1-24  14.34 of this code.  The judgment does not terminate on the death
    2-1  of the obligor and may be asserted as a claim against the estate of
    2-2  the obligor.  On the motion of an obligee or obligor, after notice
    2-3  and hearing, the court shall confirm the amount of child support in
    2-4  arrears and shall render judgment against an obligor for any amount
    2-5  of child support unpaid and owing, including interest as provided
    2-6  by Section 14.34 of this code.  An amount not confirmed before the
    2-7  death of the obligor may be confirmed after the death by the court
    2-8  in a judgment against the estate.  The judgment rendered by the
    2-9  court may be subject to a counterclaim or offset as provided by
   2-10  Subsection (c) of this section.  The judgment may be enforced by
   2-11  any means available for the enforcement of judgments for debts or
   2-12  by an order of the court requiring that income be withheld from the
   2-13  disposable earnings of the obligor in an amount sufficient to
   2-14  satisfy the judgment.  A court order enforcing the judgment through
   2-15  the withholding of disposable earnings of the obligor must comply
   2-16  with the requirements of Section 14.43 of this code.  For the
   2-17  purposes of this section, an obligor includes the estate of an
   2-18  obligor.
   2-19        SECTION 3.  This Act takes effect September 1, 1993, and
   2-20  applies only to an arrearage in the payment of court-ordered child
   2-21  support that occurs on or after that date.
   2-22        SECTION 4.  The importance of this legislation and the
   2-23  crowded condition of the calendars in both houses create an
   2-24  emergency and an imperative public necessity that the
   2-25  constitutional rule requiring bills to be read on three several
   2-26  days in each house be suspended, and this rule is hereby suspended.