H.B. No. 1433
1-1 AN ACT
1-2 relating to the enforcement, collection, and withholding of income
1-3 for child support.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.01, Family Code, is amended by adding
1-6 Subdivision (11) to read as follows:
1-7 (11) "Local registry" means an agency or entity
1-8 operated under the authority of a district clerk, county
1-9 government, juvenile board, juvenile probation office, domestic
1-10 relations office, or other county agency or entity that serves a
1-11 county or a court that has jurisdiction under this title and that:
1-12 (1) receives child support payments;
1-13 (2) maintains records of child support payments;
1-14 (3) distributes child support payments as
1-15 required by law; and
1-16 (4) maintains custody of official child support
1-17 payment records.
1-18 SECTION 2. Section 11.05(h), Family Code, is amended to read
1-19 as follows:
1-20 (h) During the transfer of a suit affecting the parent-child
1-21 relationship from a court with continuing jurisdiction, the
1-22 transferring court retains jurisdiction to enter temporary orders.
1-23 The jurisdiction of the transferring court terminates on the
1-24 docketing of the case in the transferee court. The transferring
2-1 court's local <child support> registry shall continue to receive,
2-2 record, and disburse child support payments to the payee until
2-3 receipt of notice that the transferred case has been docketed by
2-4 the transferee court. After receipt of notice of docketing, the
2-5 transferring court's local registry shall send a certified copy of
2-6 the child support payment record to the clerk of the transferee
2-7 court and shall forward any payments received to the transferee
2-8 court's local registry.
2-9 SECTION 3. Sections 11.06(j) and (m), Family Code, are
2-10 amended to read as follows:
2-11 (j) The court transferring a proceeding shall send to the
2-12 proper court in the county to which transfer is made the complete
2-13 files in all matters affecting the child, certified copies of all
2-14 entries in the minutes, a certified copy of any decree of
2-15 dissolution of marriage issued in a suit joined with the suit
2-16 affecting the parent-child relationship, and certified copies of
2-17 each order issued. The transferring court shall keep a copy of the
2-18 transferred files. If the transferring court retains jurisdiction
2-19 of another child who was the subject of the suit, the court shall
2-20 send a copy of the complete files to the court to which the
2-21 transfer is made and shall keep the original files. If an order
2-22 has been rendered or writ has been issued ordering payment of child
2-23 support to the local registry of the transferring court, that court
2-24 shall render an order that all future payments be made to the local
2-25 registry of the transferee court. The clerk of the transferring
2-26 court shall send a certified copy of the order directing payments
2-27 to the transferee court to any party or employer affected by that
3-1 order and to the local <child support> registry of the transferee
3-2 court.
3-3 (m) On receipt of the files, documents, and orders from the
3-4 transferring court, the clerk of the transferee court shall docket
3-5 the suit and shall notify all parties, the clerk of the
3-6 transferring court, and the transferring court's local registry
3-7 that the suit has been docketed.
3-8 SECTION 4. Subchapter A, Chapter 14, Family Code, is amended
3-9 by adding Sections 14.0501-14.0504 to read as follows:
3-10 Sec. 14.0501. LOCAL REGISTRIES. (a) A local registry shall
3-11 receive child support payments ordered by a court or otherwise
3-12 authorized by law and shall forward the payments, as appropriate,
3-13 to the attorney general, a local domestic relations office, or the
3-14 obligee within two working days after the date the local registry
3-15 receives the payments.
3-16 (b) A local registry may not require an obligor, obligee, or
3-17 other party or entity to furnish a certified copy of a court order
3-18 as a condition of processing child support payments and shall
3-19 accept as sufficient authority to process the payments a photocopy,
3-20 facsimile copy, or conformed copy of the court's order.
3-21 (c) A local registry shall include with each payment it
3-22 forwards to the attorney general the date it received the payment
3-23 and the withholding date furnished by the employer.
3-24 (d) A local registry shall accept child support payments
3-25 made by personal check, money order, or cashier's check. A local
3-26 registry may refuse payment by personal check when a pattern of
3-27 abuse regarding the use of personal checks has been established.
4-1 Abuse is defined to include checks drawn on insufficient funds,
4-2 abusive or offensive language written on the check, intentional
4-3 mutilation of the instrument, or other actions that delay or
4-4 disrupt the registry's operation.
4-5 Sec. 14.0502. PAYMENT OR TRANSFER OF CHILD SUPPORT PAYMENTS
4-6 BY ELECTRONIC FUNDS TRANSFER. (a) A child support payment may be
4-7 made by electronic funds transfer to the attorney general or to a
4-8 local registry if the registry agrees to accept electronic payment.
4-9 (b) A local registry may transmit child support payments to
4-10 the attorney general by electronic funds transfer if the attorney
4-11 general agrees to accept electronic payment.
4-12 Sec. 14.0503. DISPOSITION OF CHILD SUPPORT PAYMENTS. (a)
4-13 Except as agreed by the parties, an order for the periodic payment
4-14 of child support, including an order requiring payments on child
4-15 support arrears, rendered, modified, or enforced on or after
4-16 January 1, 1994, shall order that child support be paid through a
4-17 local registry or through the attorney general.
4-18 (b) In an action taken under Part D of Title IV of the
4-19 federal Social Security Act (42 U.S.C. Section 651 et seq.), the
4-20 court shall order that income withheld for child support be paid:
4-21 (1) to the attorney general through a local registry,
4-22 which shall forward the payment to the attorney general; or
4-23 (2) directly to the attorney general.
4-24 Sec. 14.0504. PRODUCTION OF CHILD SUPPORT PAYMENT RECORD.
4-25 The attorney general or a local registry may comply with a subpoena
4-26 or other order directing the production of a child support payment
4-27 record by sending a certified copy of the record to the court that
5-1 directed production of the record.
5-2 SECTION 5. Section 14.055, Family Code, is amended by
5-3 amending Subsection (b) and adding Subsections (f)-(j) to read as
5-4 follows:
5-5 (b) Schedule<: $4,000 or Less Monthly Net Resources>. In
5-6 rendering an order of child support under circumstances in which
5-7 the obligor's monthly net resources are <$4,000 or> less than the
5-8 amount specified in Subsection (a) of this section, the court shall
5-9 presumptively apply the following schedule:
5-10 CHILD SUPPORT GUIDELINES
5-11 BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
5-12 1 child 20% of Obligor's Net Resources
5-13 2 children 25% of Obligor's Net Resources
5-14 3 children 30% of Obligor's Net Resources
5-15 4 children 35% of Obligor's Net Resources
5-16 5<+> children 40% of Obligor's Net Resources <Not less than
5-17 the amount for 4 children>
5-18 6+ children Not less than the amount for 5 children
5-19 (f) Children in More Than One Household. In applying the
5-20 child support guidelines for an obligor who has children in more
5-21 than one household, the court shall apply the percentage guidelines
5-22 in this section by making the following computation:
5-23 (1) determine the amount of child support that would
5-24 be ordered if all children, both before the court and not before
5-25 the court, whom the obligor has the legal duty to support lived in
5-26 one household by applying the schedule in Subsection (b) of this
5-27 section;
6-1 (2) compute a child support credit for the obligor's
6-2 children who are not before the court by dividing the amount
6-3 determined under Subdivision (1) of this subsection by the total
6-4 number of children whom the obligor is obligated to support and
6-5 multiplying that number by the number of the obligor's children who
6-6 are not before the court;
6-7 (3) determine the adjusted net resources of the
6-8 obligor by subtracting the child support credit computed under
6-9 Subdivision (2) of this subsection from the net resources of the
6-10 obligor; and
6-11 (4) determine the child support amount for the
6-12 children before the court by applying the percentage guidelines
6-13 from Subsection (b) of this section for the number of children of
6-14 the obligor before the court to the obligor's adjusted net
6-15 resources.
6-16 (g) Child Support Credit. For the purpose of determining a
6-17 child support credit under Subsection (f)(2) of this section, the
6-18 total number of an obligor's children includes the children before
6-19 the court for the establishment or modification of a support order
6-20 and any other children, including children residing with the
6-21 obligor, whom the obligor has the legal duty of support.
6-22 (h) Child Support Paid by Obligor. The child support credit
6-23 under Subsection (f)(2) of this section with respect to children
6-24 for whom the obligor is obligated by a court order to pay support
6-25 is computed, regardless of whether the obligor is delinquent in
6-26 child support payments, without regard to the amount of the order.
6-27 (i) Child Support Received by Obligor. Child support
7-1 received by an obligor who is obligated to support children in more
7-2 than one household shall be added to the net resources of the
7-3 obligor to compute the net resources of an obligor before
7-4 determining the child support credit under Subsection (f)(2) of
7-5 this section or applying the percentages in the table in Subsection
7-6 (j) of this section.
7-7 (j) Alternative Method of Computing Support for Children in
7-8 More Than One Household. In lieu of performing the computation
7-9 under Subsection (f) of this section, the court may determine the
7-10 child support amount for the children before the court by applying
7-11 the percentages in the table below to the obligor's net resources.
7-12 Multiple Family
7-13 adjusted Number of children before the court
7-14 guidelines
7-15 (% of net 1 2 3 4 5 6 7
7-16 resources)
7-17 Number of 0 20.00 25.00 30.00 35.00 40.00 40.00 40.00
7-18 other 1 17.50 22.50 27.38 32.20 37.33 37.71 38.00
7-19 children for 2 16.00 20.63 25.20 30.33 35.43 36.00 36.44
7-20 whom the 3 14.75 19.00 24.00 29.00 34.00 34.67 35.20
7-21 obligor has 4 13.60 18.33 23.14 28.00 32.89 33.60 34.18
7-22 a duty of 5 13.33 17.86 22.50 27.22 32.00 32.73 33.33
7-23 support: 6 13.14 17.50 22.00 26.60 31.27 32.00 32.62
7-24 7 13.00 17.22 21.60 26.09 30.67 31.38 32.00
7-25 SECTION 6. Section 14.056, Family Code, is amended by
7-26 amending Subsection (b) and adding Subsection (d) to read as
7-27 follows:
8-1 (b) Additional Factors. In addition to the factors listed
8-2 in these guidelines, a court may consider other relevant factors
8-3 <The support obligation owed to a subsequently born or adopted
8-4 child does not constitute cause to decrease the amount of an
8-5 existing child support order>. The history of support voluntarily
8-6 provided in excess of the court order does not constitute cause to
8-7 increase the amount of an existing child support order.
8-8 (d) Use of Guidelines for Children in More Than One
8-9 Household. In applying the child support guidelines under this
8-10 section, if the obligor has the duty to support children in more
8-11 than one household, the court shall apply the percentage guidelines
8-12 in Section 14.055 of this code by making the computation provided
8-13 by Section 14.055(f) of this code.
8-14 SECTION 7. Section 14.057, Family Code, is amended by
8-15 amending Subsection (a) and adding Subsection (c) to read as
8-16 follows:
8-17 (a) Without regard to Rules 296 through 299, Texas Rules of
8-18 Civil Procedure, in any suit affecting the parent-child
8-19 relationship or reciprocal child support action in which child
8-20 support is contested and the amount of the support <order> is set
8-21 or modified by the court, on written request made or filed with the
8-22 court not later than 10 days after the date of the hearing or an
8-23 oral request made in open court during the hearing, the court shall
8-24 state the following in the child support order:
8-25 "(1) the amount of net resources available to the
8-26 obligor per month is $________;
8-27 "(2) the amount of net resources available to the
9-1 obligee per month is $________;
9-2 "(3) the amount of child support payments per month
9-3 that is computed if Section 14.055, Family Code, is applied is
9-4 $_______;
9-5 "(4) the percentage applied to the obligor's net
9-6 resources for child support by the actual order rendered by the
9-7 court is _______%; and, if applicable,
9-8 "(5) the specific reasons that the amount of support
9-9 per month ordered by the court varies from the amount computed by
9-10 applying the percentage guidelines pursuant to Section 14.055,
9-11 Family Code, are: _________."
9-12 (c) In an order that child support be paid by an obligor who
9-13 is obligated to support children as provided by Section 14.055(f)
9-14 of this code, the court shall make the findings required by
9-15 Subsection (b) of this section and shall specify under finding five
9-16 of that subsection:
9-17 (1) the number of children before the court;
9-18 (2) the number of children not before the court:
9-19 (A) who reside in the same household with the
9-20 obligor; and
9-21 (B) for whom the obligor is obligated by a court
9-22 order to pay support, without regard to whether the obligor is
9-23 delinquent in child support payments, and who are not counted in
9-24 Paragraph (A) of this subdivision.
9-25 SECTION 8. Section 14.062, Family Code, is amended to read
9-26 as follows:
9-27 Sec. 14.062. RETROACTIVE CHILD SUPPORT <REIMBURSEMENT FOR
10-1 PUBLIC ASSISTANCE>. (a) In a suit affecting the parent-child
10-2 relationship, a suit to establish paternity, or a suit under
10-3 Chapter 21 of this code that is brought under Chapter 76, Human
10-4 Resources Code, or Part D of Title IV of the federal Social
10-5 Security Act (42 U.S.C. Section 651 et seq.), if the court finds
10-6 that no decree or order affecting the parent-child relationship to
10-7 which the parents were parties has been previously rendered, the
10-8 court may order a parent to make periodic payments, a lump-sum
10-9 payment, or both, as retroactive child support provided that the
10-10 court shall be guided by the evidentiary factors contained in
10-11 Section 14.053(l) of this code <The court may order either or both
10-12 parents to make periodic payments or a lump-sum payment as child
10-13 support, or both, as reimbursement for public assistance paid by
10-14 the state for the support of a child under Chapter 31, Human
10-15 Resources Code>.
10-16 (b) Unless the state is a party to an agreement concerning
10-17 support or purporting to settle past, present, or future support
10-18 obligations by prepayment or otherwise, an agreement between the
10-19 parties does not reduce or terminate any right of this state or any
10-20 other state to recover retroactive support <for public assistance
10-21 provided>.
10-22 (c) In a proceeding in which retroactive child support is
10-23 sought under this section, the court shall use the child support
10-24 guidelines provided by Section 14.053 of this code together with
10-25 any relevant evidentiary factors.
10-26 SECTION 9. Sections 14.30(a)(1) and (3), Family Code, are
10-27 amended to read as follows:
11-1 (1) "Earnings" means compensation paid or payable for
11-2 personal services, whether denominated as wages, salary,
11-3 compensation received as an independent contractor, overtime pay,
11-4 severance pay, commission, bonus, or otherwise, and includes
11-5 periodic payments pursuant to a pension, annuity, workers'
11-6 compensation, disability and retirement program, and unemployment
11-7 benefits.
11-8 (3) "Employer" means any person, including the United
11-9 States and any governmental entity as defined by Section 11.01 of
11-10 this code. "Person" shall include but is not limited to
11-11 individuals, workers' compensation insurance carriers,
11-12 partnerships, and corporations.
11-13 SECTION 10. Section 14.311(c), Family Code, is amended to
11-14 read as follows:
11-15 (c) Payment Record. The movant may attach to the motion a
11-16 copy of a record of child support payments maintained by the
11-17 attorney general or a <state or> local <child support> registry.
11-18 If a payment record is attached, it constitutes a prima facie
11-19 showing of the facts asserted in the payment record, subject to the
11-20 right of the respondent to offer controverting evidence, and may be
11-21 admitted as evidence of the truth of payments made and not made as
11-22 shown by the payment record.
11-23 SECTION 11. Section 14.318, Family Code, is amended by
11-24 amending Subsections (d) and (e) and by adding Subsection (f) to
11-25 read as follows:
11-26 (d) Cash Bond as Support. If a cash bond has been posted
11-27 and the respondent <appears at the hearing as directed and if the
12-1 respondent> is found to be in arrears in the payment of
12-2 court-ordered <contempt for failure to pay> child support <as
12-3 ordered>, the court shall order that the proceeds of <the
12-4 respondent to execute an assignment of> the cash bond be paid to
12-5 the child support obligee or to a person designated by the court up
12-6 to the amount of any child support arrearages determined to exist.
12-7 This subsection applies without regard to whether the respondent
12-8 appears at the hearing.
12-9 (e) Appearance Bond or Security Other Than Cash Bond as
12-10 Support. If the respondent fails to appear at the hearing as
12-11 directed, the court shall order that <and> the appearance bond or
12-12 security be <has been> forfeited and that <if the respondent has
12-13 been found to be in contempt for failure to pay child support as
12-14 ordered,> the proceeds of any judgment on the bond or security
12-15 <shall> be paid to the obligee or to a person designated by the
12-16 court up to the amount of any child support arrearages determined
12-17 to exist. The obligee may bring suit on the bond.
12-18 (f) Cash Bond Treated as Property of Respondent. A court
12-19 shall treat a cash bond posted for the benefit of the respondent
12-20 under this section as the property of the respondent. The person
12-21 who posts the cash bond does not have recourse in relation to any
12-22 order that the court may make regarding the bond.
12-23 SECTION 12. Section 14.32(b), Family Code, is amended to
12-24 read as follows:
12-25 (b) RECORD <COURT REPORTER>. An enforcement order under
12-26 this subchapter may not be entered if a record of the proceedings
12-27 is not made by a court reporter or as provided by Subchapter A,
13-1 Chapter 54, Government Code, unless:
13-2 (1) the parties agree on entry of the order; or
13-3 (2) when the motion does not seek <if the order seeks>
13-4 incarceration, the parties waive the requirement of a record at the
13-5 time of hearing, either in writing or in open court and with the
13-6 approval of the court.
13-7 SECTION 13. Section 14.33(a), Family Code, is amended to
13-8 read as follows:
13-9 (a) Contents. An enforcement order shall contain findings
13-10 setting out in ordinary and concise language the provisions of the
13-11 final order, decree, or judgment for which enforcement was sought,
13-12 the acts or omissions that are the subject of the order, the manner
13-13 of noncompliance, and the relief awarded by the court. If the
13-14 order imposes incarceration or a fine, an enforcement order must
13-15 contain findings setting out specifically and with particularity or
13-16 incorporating by reference the provisions of the final order,
13-17 decree, or judgment for which enforcement was sought and the
13-18 <time,> date<, and place> of each occasion on which the respondent
13-19 failed to comply with the provision and setting out the relief
13-20 awarded by the court.
13-21 SECTION 14. Section 14.41, Family Code, is amended to read
13-22 as follows:
13-23 Sec. 14.41. JUDGMENT FOR DELINQUENT <PAST-DUE> CHILD SUPPORT
13-24 PAYMENTS. (a) Judgment for Arrearages. A periodic child support
13-25 payment not timely made shall constitute a final judgment for the
13-26 amount due and owing, including interest as provided by Section
13-27 14.34 of this code. On the motion of an obligee or obligor, after
14-1 notice and hearing, the court shall confirm the amount of child
14-2 support in arrears and shall render one cumulative judgment against
14-3 an obligor for all <any amount of> child support unpaid and owing,
14-4 including interest as provided by Section 14.34 of this code, and
14-5 any balance owed on previously confirmed arrearages, lump sum, or
14-6 retroactive support judgments. The judgment rendered by the court
14-7 may be subject to a counterclaim or offset as provided by
14-8 Subsection (c) of this section. The judgment may be enforced by
14-9 any means available for the enforcement of judgments for debts and
14-10 <or> by an order of the court requiring that income be withheld
14-11 from the disposable earnings of the obligor in a reasonable <an>
14-12 amount <sufficient> to satisfy the judgment. A court order
14-13 enforcing the judgment through the withholding of disposable
14-14 earnings of the obligor must comply with the requirements of
14-15 Section 14.43 of this code. The court shall order that a
14-16 reasonable amount of income be withheld from the disposable
14-17 earnings of the obligor to be applied toward the liquidation of any
14-18 child support arrearages, notwithstanding that a judgment for
14-19 arrears has been entered against the obligor.
14-20 (b) Time Limitations. <The court may not confirm the amount
14-21 of child support in arrears and may not enter a judgment for unpaid
14-22 child support payments that were due and owing more than 10 years
14-23 before the filing of the motion to render judgment under this
14-24 section.> The court of continuing jurisdiction retains
14-25 jurisdiction to confirm the total amount of child support in
14-26 arrears and enter judgment for past-due child support obligations
14-27 if a motion to render judgment for the arrearages is filed within
15-1 four years after:
15-2 (1) the child becomes an adult; or
15-3 (2) the date on which the child support obligation
15-4 terminates pursuant to the decree or order or by operation of law.
15-5 (c) Possession of Child by Obligor. If the managing
15-6 conservator has voluntarily relinquished to the obligor the actual
15-7 care, control, and possession of a child for a time period in
15-8 excess of the court-ordered periods of possession of and access to
15-9 the child, the child support order continues unabated until further
15-10 order of the court as provided by Section 14.08 of this code.
15-11 However, an obligor who has provided actual support to the child
15-12 during such time periods may seek reimbursement for that support as
15-13 a counterclaim or offset against the claim of the managing
15-14 conservator. An action against the managing conservator for
15-15 support supplied to a child shall be limited to the amount of
15-16 periodic payments previously ordered by the court.
15-17 (d) Retroactive Modification. The court may not reduce or
15-18 modify the amount of child support arrearages in rendering judgment
15-19 under this section.
15-20 (e) Cumulative Judgment. A cumulative judgment confirming
15-21 the amount of a child support arrearage under this section shall
15-22 include the unpaid balance owed on previously determined arrearages
15-23 or judgments for child support, including interest on the arrearage
15-24 and judgment as of a specified date, and shall state that it is a
15-25 cumulative judgment.
15-26 SECTION 15. Sections 14.43(a), (c), (d), (e), (h), and (q),
15-27 Family Code, are amended to read as follows:
16-1 (a) Duty of Court to Order Income Withholding. Except for
16-2 good cause shown, or on agreement of the parties, or as provided in
16-3 Subsection (b) of this section, the court shall enter an order that
16-4 provides that income be withheld from the disposable earnings of
16-5 the obligor:
16-6 (1) in every original suit affecting the parent-child
16-7 relationship in which child support payments are ordered;
16-8 (2) on motion to require income withholding regarding
16-9 a child support order entered before the effective date of this
16-10 subchapter; provided that at the time the motion is filed the
16-11 obligor is shown to have been in arrears for a time period of at
16-12 least 30 days for some portion of the amount due and in arrears for
16-13 an amount equal to or greater than that due for a one-month period;
16-14 (3) on motion to modify an order entered after the
16-15 effective date of this subchapter that did not originally order
16-16 income withheld; provided that the obligor is shown to have been in
16-17 arrears for a time period of at least 30 days for some portion of
16-18 the amount due and is currently in arrears for an amount equal to
16-19 or greater than that due for a one-month period; or
16-20 (4) after a hearing unsuccessfully contesting a notice
16-21 of delinquency as provided by Section 14.44 of this code in a case
16-22 involving the delinquency of either a child support order entered
16-23 before the effective date of this subchapter or after the effective
16-24 date of this subchapter that did not originally order income
16-25 withheld. Payment of overdue support after receipt of notice of a
16-26 hearing as provided by this section shall not be the sole basis for
16-27 the court to refuse to order withholding from income. In an order
17-1 for income withholding entered under this subdivision, the court
17-2 shall order that a reasonable amount of income be withheld from the
17-3 disposable earnings of the obligor to be applied toward the
17-4 liquidation of any child support arrearages, notwithstanding that
17-5 judgment for arrears has been rendered against the obligor.
17-6 (c) Payment. The court shall order that income withheld for
17-7 child support be paid through and promptly distributed by a local
17-8 <court> registry<, a child support collection office,> or the
17-9 attorney general<, unless the court finds that there is good cause
17-10 to require payments to be made to another person or office>.
17-11 (d) Withholding for Arrearages. In addition to income
17-12 withheld for the current support of a child, <in appropriate
17-13 circumstances and in accordance with the guidelines established for
17-14 child support payments as provided in Subsection (a) of Section
17-15 14.05 of this code,> the court shall enter an order that income be
17-16 withheld from the disposable earnings of the obligor to be applied
17-17 toward the liquidation of any child support arrearages, including
17-18 interest as provided by Section 14.34 of this code. The additional
17-19 amount to be withheld to be applied towards arrears shall be
17-20 sufficient to fully discharge those arrears in not more than two
17-21 years or add 20 percent to the amount of the current monthly
17-22 support order, whichever will result in the arrears being fully
17-23 discharged in the least amount of time consistent with the
17-24 limitations on the maximum amount that may be withheld from
17-25 earnings as provided by Subsection (f) of this section. If current
17-26 support is no longer owed, the court shall enter an order that
17-27 income be withheld from the disposable earnings of the obligor to
18-1 be applied toward the liquidation of any child support arrearages,
18-2 including accrued interest, in an amount sufficient to fully
18-3 discharge those arrears in not more than two years, consistent with
18-4 the limitations on the maximum amount that may be withheld from
18-5 earnings as provided by Subsection (f) of this section. If the
18-6 court finds that such a repayment schedule would cause the obligor,
18-7 the obligor's family, or children for whom support is due from the
18-8 obligor to suffer unreasonable hardship, the court may extend the
18-9 repayment period for a reasonable length of time.
18-10 (e) Contents of Order. An order withholding income shall
18-11 state:
18-12 (1) the style, docket number, and court having
18-13 continuing jurisdiction of the suit;
18-14 (2) the name, address, and, if available, the social
18-15 security number of the obligor;
18-16 (3) the amount, including accrued interest, and
18-17 duration of the child support payments;
18-18 (4) the name, address, and, if available, the social
18-19 security numbers of the child and the obligee;
18-20 (5) the name and address of the person or agency to
18-21 whom the payments shall be made; and
18-22 (6) any other matter deemed necessary to effectuate
18-23 the order.
18-24 The court shall order the obligor to notify the court
18-25 promptly of any change affecting the order and that the ordered
18-26 amount be paid to a local registry or the attorney general<, the
18-27 court registry, or a child support collection office serving the
19-1 court, unless the court finds there is good cause to require that
19-2 payments be made directly to the obligee or to another person or
19-3 office>.
19-4 (h) Notice and Effective Date of Order. The employer shall
19-5 begin to withhold income in accordance with an order issued under
19-6 this section or a writ issued under Section 14.45 of this code no
19-7 later than the first pay period <which occurs 14 days> following
19-8 the date on which the order or writ was delivered to the employer
19-9 and shall continue to withhold income as long as the obligor is
19-10 employed by the employer. An order issued under this section or a
19-11 writ issued under Section 14.45 of this code that is delivered to
19-12 an employer that does business in this state is binding on the
19-13 employer without regard to whether the obligor resides or works
19-14 outside the state. Delivery of the order or writ to the employer
19-15 shall be by certified or registered mail, return receipt requested,
19-16 to the person authorized to receive service of process in civil
19-17 cases generally, or to a person designated by the employer to
19-18 receive notices of delinquency by written notice to the clerk of
19-19 the appropriate court, or by the service of citation as provided by
19-20 the Texas Rules of Civil Procedure. After the effective date, the
19-21 amount to be withheld shall be remitted to the person or office
19-22 named in the order on each <regular due date or> pay date. The
19-23 payment shall include the date on which the withholding occurred.
19-24 (q) Reduction or Termination of Withholding. In any
19-25 proceeding brought under Part D of Title IV of the federal Social
19-26 Security Act, as amended (42 U.S.C. Section 651 et seq.), the
19-27 attorney general shall establish procedures for the reduction in or
20-1 termination of withholding from income on the liquidation of an
20-2 arrearage or the termination of the obligation of support. The
20-3 procedures must provide that the payment of overdue support may not
20-4 be used as the sole basis for terminating withholding. If a court
20-5 has rendered an order which reduces the amount of child support to
20-6 be withheld under this section or terminates withholding for child
20-7 support, any person or governmental entity may deliver to the
20-8 employer a certified copy of the order without the requirement that
20-9 the clerk of the court deliver the order. The provisions of
20-10 Subsection (l) of this section apply to an order which reduces or
20-11 terminates withholding.
20-12 SECTION 16. Section 14.44(d), Family Code, is amended to
20-13 read as follows:
20-14 (d) Hearing on Contested Delinquency. On filing of a motion
20-15 to stay issuance, the clerk of court shall notify the attorney who
20-16 filed the notice of delinquency and the court that the motion has
20-17 been filed. A <When a motion to stay issuance and delivery has
20-18 been filed, a> hearing on the motion must be held within 30 days of
20-19 its filing. The obligor, <and> obligee, or their authorized
20-20 representatives, and the attorney who filed the notice of
20-21 delinquency must be notified by the clerk of court of the date,
20-22 time, and place of the hearing. The court must decide the
20-23 contested delinquency and either enter an order for income
20-24 withholding pursuant to Section 14.43 of this code or deny the
20-25 requested relief within 45 days of the date that the notice of
20-26 delinquency was received by the obligor. If movant is pleading
20-27 repeated violations of the court order, it is permissible to plead
21-1 anticipated future violations of a similar nature that may arise
21-2 between the filing of the motion or the notice of delinquency and
21-3 the date of the hearing or the issuance of a writ of withholding
21-4 from earnings for child support. Any defect in pleadings will be
21-5 considered waived unless respondent specially excepts in writing
21-6 and cites with particularity the alleged defect, obscurity, or
21-7 other ambiguity in the motion for enforcement. Any such defensive
21-8 pleading must be heard by the court before hearing the motion to
21-9 stay issuance. If any exceptions are sustained by the court, the
21-10 movant shall be given an opportunity to replead and shall continue
21-11 the hearing to a date certain without the requirement of additional
21-12 service.
21-13 SECTION 17. Sections 14.45(a) and (b), Family Code, are
21-14 amended to read as follows:
21-15 (a) Issuance and Delivery. No sooner than 20 days following
21-16 the mailing of a notice of delinquency to the obligor by first
21-17 class mail or 11 days after receipt of a notice of delinquency by
21-18 the obligor by hand delivery or certified mail, if no motion to
21-19 stay issuance of the writ has been filed, the attorney who filed
21-20 the notice of delinquency shall file a request with the clerk of
21-21 court to issue a writ of income withholding. The writ shall be
21-22 issued by the clerk and delivered by certified mail, return receipt
21-23 requested, to the employer of the obligor to the person authorized
21-24 to receive service of process in civil cases generally, or to a
21-25 person designated by the employer to receive writs of withholding
21-26 by written notice to the clerk of the appropriate court, or by the
21-27 service of citation as provided by the Texas Rules of Civil
22-1 Procedure. The amount to be withheld shall be paid to the person
22-2 or office named in the writ on each pay date and shall include with
22-3 the payment the date on which the withholding occurred. The writ
22-4 shall be issued and mailed by the clerk not later than the second
22-5 working day after the request is filed.
22-6 (b) Contents. Except as provided in Subsection (c) of this
22-7 section, the writ of income withholding shall direct the employer
22-8 or a subsequent employer to withhold from the obligor's disposable
22-9 income for current child support and child support arrearage in a
22-10 manner identical to the terms provided by Section 14.43 of this
22-11 code, as far as is practical.
22-12 SECTION 18. Section 14.68(a), Family Code, is amended to
22-13 read as follows:
22-14 (a) The order withholding income shall direct payment to be
22-15 made to the attorney general, either directly or through a local
22-16 registry. The attorney general <who> shall promptly transmit the
22-17 payments to the agency or person designated to receive them.
22-18 SECTION 19. Subchapter D, Chapter 14, Family Code, is
22-19 amended by adding Section 14.87 to read as follows:
22-20 Sec. 14.87. TITLE IV-D REGISTRY. The attorney general shall
22-21 establish a registry for Title IV-D cases brought in this state
22-22 that shall:
22-23 (1) receive child support payments;
22-24 (2) maintain a record of child support paid and any
22-25 arrearages owed under each order;
22-26 (3) distribute child support payments received as
22-27 required by law; and
23-1 (4) maintain custody of official child support payment
23-2 records.
23-3 SECTION 20. Section 14.91(b), Family Code, is amended to
23-4 read as follows:
23-5 (b) A court may <not> appoint a friend of the court in a
23-6 proceeding under Part D of Title IV of the federal Social Security
23-7 Act (42 U.S.C. Section 651 et seq.) only if the attorney general
23-8 agrees in writing to the appointment.
23-9 SECTION 21. Section 14.93, Family Code, is amended to read
23-10 as follows:
23-11 Sec. 14.93. Duty of Local Offices and Officials to Report.
23-12 A local domestic relations office, a local registry <child support
23-13 collection office>, or a court official designated to receive child
23-14 support under a court order shall, if ordered by the court, report
23-15 to the court or a friend of the court on a monthly basis:
23-16 (1) any delinquency and arrearage in child support
23-17 payments; and
23-18 (2) any violation of a court order relating to
23-19 possession of or access to a child.
23-20 SECTION 22. Section 14.971(b), Family Code, is amended to
23-21 read as follows:
23-22 (b) The lien exists in favor of:
23-23 (1) the obligee or a private attorney representing the
23-24 obligee;
23-25 (2) the attorney general in providing child support
23-26 services pursuant to Chapter 76, Human Resources Code, and Part D
23-27 of Title IV of the federal Social Security Act (42 U.S.C. Section
24-1 651 et seq.);
24-2 (3) a domestic relations office or local<, including a
24-3 court> registry<, that has the duty to enforce or collect and
24-4 distribute child support payments>; and
24-5 (4) an attorney appointed a friend of the court under
24-6 Section 14.91 of this code.
24-7 SECTION 23. Section 54.06, Family Code, is amended by adding
24-8 Subsection (c) to read as follows:
24-9 (c) A court may enforce an order for support under this
24-10 section by ordering garnishment of the wages of the person ordered
24-11 to pay support.
24-12 SECTION 24. Section 2.32, Texas Workers' Compensation Act
24-13 (Article 8308-2.32, Vernon's Texas Civil Statutes), is amended to
24-14 read as follows:
24-15 Sec. 2.32. Exceptions. (a) The commission may release
24-16 information on a claim to a governmental agency, political
24-17 subdivision, or regulatory body for the following purposes:
24-18 (1) investigating an allegation of criminal offense or
24-19 licensing or regulatory violation;
24-20 (2) providing unemployment benefits, crime victims
24-21 compensation benefits, vocational rehabilitation services, or
24-22 health care benefits;
24-23 (3) investigating occupational safety or health
24-24 violations; <or>
24-25 (4) verifying income on an application for benefits
24-26 under an income-based state or federal assistance program; or
24-27 (5) assessing financial resources in an action,
25-1 including an administrative action, to:
25-2 (A) establish, modify, or enforce a child
25-3 support or medical support obligation;
25-4 (B) establish paternity;
25-5 (C) locate an absent parent; or
25-6 (D) cooperate with another state in an action
25-7 authorized under Part D of Title IV of the federal Social Security
25-8 Act (42 U.S.C. Section 651 et seq.) and its subsequent amendments
25-9 or Chapter 76, Human Resources Code, and its subsequent amendments.
25-10 (b) The commission shall release information on a claim to:
25-11 (1) the State Board of Insurance for any statutory or
25-12 regulatory purpose;
25-13 (2) legislative committees for legislative purposes;
25-14 (3) a state or federal elected official requested in
25-15 writing to provide assistance by a constituent who qualifies to
25-16 obtain injury information under Section 2.31(d) of this Act, if the
25-17 request for assistance is provided to the commission; <and>
25-18 (4) the research center for research purposes; or
25-19 (5) the attorney general or another entity that
25-20 provides child support services under Part D of Title IV of the
25-21 federal Social Security Act (42 U.S.C. Section 651 et seq.) and its
25-22 subsequent amendments or Chapter 76, Human Resources Code, and its
25-23 subsequent amendments, relating to:
25-24 (A) establishing, modifying, or enforcing a
25-25 child support or medical support obligation; or
25-26 (B) locating an absent parent.
25-27 SECTION 25. Section 76.009(a), Human Resources Code, as
26-1 amended by S.B. 857, Acts of the 73rd Legislature, Regular
26-2 Session, 1993, is amended to read as follows:
26-3 (a) In, or in connection with, a Title IV-D case brought by
26-4 the attorney general or a private attorney or political subdivision
26-5 that has entered into a contract under Section 76.007(b), the
26-6 attorney general shall pay the following fees in a suit affecting
26-7 the parent-child relationship under Title 2, Family Code, including
26-8 a suit to establish paternity, a motion to enforce or modify a
26-9 decree, or a notice of child support delinquency, or in a suit
26-10 under Chapter 21, Family Code:
26-11 (1) filing fees and fees for issuance and <of> service
26-12 of process as provided by Sections 51.317, <51.317(b) and>
26-13 51.318(b)(2), and 51.319(4), Government Code, and Section 14.13,
26-14 Family Code;
26-15 (2) fees for transfer as provided by Section 11.06(l)
26-16 or Section 14.13, Family Code;
26-17 (3) fees for the issuance and delivery of orders and
26-18 writs of income withholding in the amounts <amount as> provided by
26-19 Sections <Section> 14.43<(i)> and 14.45(h), Family Code; <and>
26-20 (4) a fee of $45 <$35> for each item of process to
26-21 each individual on whom service is required, including service by
26-22 certified or registered mail <without regard to the amount of items
26-23 of process to be served on that individual>, to be paid to a
26-24 sheriff, constable, or clerk whenever service of process is
26-25 required; and
26-26 (5) mileage costs incurred by a sheriff or constable
26-27 when traveling out of the county to execute an outstanding warrant
27-1 or capias, to be reimbursed at a rate not to exceed the rate
27-2 provided for mileage incurred by state employees in the General
27-3 Appropriations Act.
27-4 SECTION 26. Section 14.96, Family Code, is repealed.
27-5 SECTION 27. (a) This Act takes effect September 1, 1993,
27-6 except that the change in law made by Section 14.0503(a), Family
27-7 Code, as added by this Act, takes effect January 1, 1994.
27-8 (b) The change in law made by Section 20 of this Act
27-9 relating to the appointment of a friend of the court in a
27-10 proceeding under Part D of Title IV of the federal Social Security
27-11 Act applies to a pending proceeding without regard to whether the
27-12 proceeding was commenced before, on, or after the effective date of
27-13 this Act.
27-14 (c) The change in law made by amending Sections 14.055(b),
27-15 14.056(b), and 14.057(a), Family Code, as amended by this Act, and
27-16 by adding new Sections 14.055(f)-(j), and 14.056(d), Family Code,
27-17 as added by this Act, apply only to a child support order rendered
27-18 or modified on or after the effective date of this Act.
27-19 (d) The enactment of this Act is sufficient by itself to
27-20 constitute a material and substantial change in the circumstances
27-21 of a child for whose benefit a child support order has been entered
27-22 to warrant modification of the order under Section 14.08, Family
27-23 Code.
27-24 SECTION 28. The importance of this legislation and the
27-25 crowded condition of the calendars in both houses create an
27-26 emergency and an imperative public necessity that the
27-27 constitutional rule requiring bills to be read on three several
28-1 days in each house be suspended, and this rule is hereby suspended.