By: Goodman H.B. No. 1433
73R2027 MJW-F
A BILL TO BE ENTITLED
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. Sections 14.30(a)(1) and (3), Family Code, are
1-6 amended to read as follows:
1-7 (1) "Earnings" means compensation paid or payable for
1-8 personal services, whether denominated as wages, salary,
1-9 compensation received as an independent contractor, overtime pay,
1-10 severance pay, commission, bonus, or otherwise, and includes
1-11 periodic payments pursuant to a pension, annuity, workers'
1-12 compensation, disability and retirement program, and unemployment
1-13 benefits.
1-14 (3) "Employer" means any person, including the United
1-15 States and any governmental entity as defined by Section 11.01 of
1-16 this code. "Person" shall include but is not limited to
1-17 individuals, workers' compensation insurance carriers,
1-18 partnerships, and corporations.
1-19 SECTION 2. Section 14.318, Family Code, is amended by
1-20 amending Subsections (d) and (e) and by adding Subsection (f) to
1-21 read as follows:
1-22 (d) Cash Bond as Support. If a cash bond has been posted
1-23 and the respondent <appears at the hearing as directed and if the
1-24 respondent> is found to be in arrears in the payment of
2-1 court-ordered <contempt for failure to pay> child support <as
2-2 ordered>, the court shall order that the proceeds of <the
2-3 respondent to execute an assignment of> the cash bond be paid to
2-4 the child support obligee or to a person designated by the court up
2-5 to the amount of any child support arrearages determined to exist.
2-6 This subsection applies without regard as to whether the respondent
2-7 appears at the hearing.
2-8 (e) Appearance Bond or Security Other Than Cash Bond as
2-9 Support. If the respondent fails to appear at the hearing as
2-10 directed, the court shall order that <and> the appearance bond or
2-11 security be <has been> forfeited and that <if the respondent has
2-12 been found to be in contempt for failure to pay child support as
2-13 ordered,> the proceeds of any judgment on the bond or security
2-14 <shall> be paid to the obligee or to a person designated by the
2-15 court up to the amount of any child support arrearages determined
2-16 to exist. The obligee may bring suit on the bond.
2-17 (f) Cash Bond Treated as Property of Respondent. A court
2-18 shall treat a cash bond posted for the benefit of the respondent
2-19 under this section as the property of the respondent. The person
2-20 who posts the cash bond does not have recourse in relation to any
2-21 order that the court may make regarding the bond.
2-22 SECTION 3. Section 14.33(a), Family Code, is amended to read
2-23 as follows:
2-24 (a) Contents. An enforcement order shall contain findings
2-25 setting out in ordinary and concise language the provisions of the
2-26 final order, decree, or judgment for which enforcement was sought,
2-27 the acts or omissions that are the subject of the order, the manner
3-1 of noncompliance, and the relief awarded by the court. If the
3-2 order imposes incarceration or a fine, an enforcement order must
3-3 contain findings setting out specifically and with particularity or
3-4 incorporating by reference the provisions of the final order,
3-5 decree, or judgment for which enforcement was sought and the
3-6 <time,> date<, and place> of each occasion on which the respondent
3-7 failed to comply with the provision and setting out the relief
3-8 awarded by the court.
3-9 SECTION 4. Sections 14.43(a) and (d), Family Code, are
3-10 amended to read as follows:
3-11 (a) Duty of Court to Order Income Withholding. Except for
3-12 good cause shown, or on agreement of the parties, or as provided in
3-13 Subsection (b) of this section, the court shall enter an order that
3-14 provides that income be withheld from the disposable earnings of
3-15 the obligor:
3-16 (1) in every original suit affecting the parent-child
3-17 relationship in which child support payments are ordered;
3-18 (2) on motion to require income withholding regarding
3-19 a child support order entered before the effective date of this
3-20 subchapter; provided that at the time the motion is filed the
3-21 obligor is shown to have been in arrears for a time period of at
3-22 least 30 days for some portion of the amount due and in arrears for
3-23 an amount equal to or greater than that due for a one-month period;
3-24 (3) on motion to modify an order entered after the
3-25 effective date of this subchapter that did not originally order
3-26 income withheld; provided that the obligor is shown to have been in
3-27 arrears for a time period of at least 30 days for some portion of
4-1 the amount due and is currently in arrears for an amount equal to
4-2 or greater than that due for a one-month period; or
4-3 (4) after a hearing unsuccessfully contesting a notice
4-4 of delinquency as provided by Section 14.44 of this code in a case
4-5 involving the delinquency of either a child support order entered
4-6 before the effective date of this subchapter or after the effective
4-7 date of this subchapter that did not originally order income
4-8 withheld. Payment of overdue support after receipt of notice of a
4-9 hearing as provided by this section shall not be the sole basis for
4-10 the court to refuse to order withholding from income. In an order
4-11 for income withholding entered under this subdivision, the court
4-12 shall order that a reasonable amount of income be withheld from the
4-13 disposable earnings of the obligor to be applied toward the
4-14 liquidation of any child support arrearages, notwithstanding that
4-15 judgment for arrears has been rendered against the obligor.
4-16 (d) Withholding for Arrearages. In addition to income
4-17 withheld for the current support of a child, <in appropriate
4-18 circumstances and in accordance with the guidelines established for
4-19 child support payments as provided in Subsection (a) of Section
4-20 14.05 of this code,> the court shall enter an order that income be
4-21 withheld from the disposable earnings of the obligor to be applied
4-22 toward the liquidation of any child support arrearages, including
4-23 interest as provided by Section 14.34 of this code. The additional
4-24 amount to be withheld to be applied towards arrears shall be
4-25 sufficient to fully discharge those arrears in not more than two
4-26 years or add 20 percent to the amount of the current monthly
4-27 support order, whichever will result in the arrears being fully
5-1 discharged in the least amount of time consistent with the
5-2 limitations on the maximum amount that may be withheld from
5-3 earnings as provided by Subsection (f) of this section. If current
5-4 support is no longer owed, the court shall enter an order that
5-5 income be withheld from the disposable earnings of the obligor to
5-6 be applied toward the liquidation of any child support arrearages,
5-7 including accrued interest, in an amount sufficient to fully
5-8 discharge those arrears in not more than two years, consistent with
5-9 the limitations on the maximum amount that may be withheld from
5-10 earnings as provided by Subsection (f) of this section. If the
5-11 court finds that such a repayment schedule would cause the obligor,
5-12 the obligor's family, or children for whom support is due from the
5-13 obligor to suffer unreasonable hardship, the court may extend the
5-14 repayment period for a reasonable length of time.
5-15 SECTION 5. Section 14.45(b), Family Code, is amended to read
5-16 as follows:
5-17 (b) Contents. Except as provided in Subsection (c) of this
5-18 section, the writ of income withholding shall direct the employer
5-19 or a subsequent employer to withhold from the obligor's disposable
5-20 income for current child support and child support arrearage in a
5-21 manner identical to the terms provided by Section 14.43 of this
5-22 code, as far as is practical.
5-23 SECTION 6. Section 14.91(b), Family Code, is amended to read
5-24 as follows:
5-25 (b) A court may <not> appoint a friend of the court in a
5-26 proceeding under Part D of Title IV of the federal Social Security
5-27 Act (42 U.S.C. Section 651 et seq.) only if the attorney general
6-1 agrees in writing to the appointment.
6-2 SECTION 7. Section 14.93, Family Code, is amended to read as
6-3 follows:
6-4 Sec. 14.93. Duty of Local Offices and Officials to Report.
6-5 A local domestic relations office, a local child support collection
6-6 office, or a court official designated to receive child support
6-7 under a court order shall, if ordered by the court, report to the
6-8 court or a friend of the court on a monthly basis:
6-9 (1) any delinquency and arrearage in child support
6-10 payments; and
6-11 (2) any violation of a court order relating to
6-12 possession of or access to a child.
6-13 SECTION 8. Section 14.96, Family Code, is repealed.
6-14 SECTION 9. (a) This Act takes effect September 1, 1993.
6-15 (b) The change in law made by Section 6 of this Act relating
6-16 to the appointment of a friend of the court in a proceeding under
6-17 Part D of Title IV of the federal Social Security Act applies to a
6-18 pending proceeding without regard to whether the proceeding was
6-19 commenced before, on, or after the effective date of this Act.
6-20 SECTION 10. The importance of this legislation and the
6-21 crowded condition of the calendars in both houses create an
6-22 emergency and an imperative public necessity that the
6-23 constitutional rule requiring bills to be read on three several
6-24 days in each house be suspended, and this rule is hereby suspended.