1-1 By: Goodman, Hill, Carona, et al. H.B. No. 1433
1-2 (Senate Sponsor - Harris of Tarrant)
1-3 (In the Senate - Received from the House May 5, 1993;
1-4 May 6, 1993, read first time and referred to Committee on
1-5 Jurisprudence; May 18, 1993, reported favorably, as amended, by the
1-6 following vote: Yeas 5, Nays 0; May 18, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Henderson x
1-10 Harris of Tarrant x
1-11 Brown x
1-12 Harris of Dallas x
1-13 Luna x
1-14 Parker x
1-15 West x
1-16 COMMITTEE AMENDMENT NO. 1 By: Harris of Tarrant
1-17 Amend H.B. 1433 as follows:
1-18 Insert the following three new sections, appropriately
1-19 numbered:
1-20 1. Section . Amend Section 11.191, Family Code, to read
1-21 as follows:
1-22 Section 11.191. Payment for Statement of Facts. If the
1-23 party requesting the statement of facts in an appeal of a suit
1-24 affecting the parent-child relationship has filed an affidavit
1-25 stating the party's inability to pay costs as provided by Rule 40,
1-26 Texas Rules of Appellate Procedure, and the affidavit is approved
1-27 by the trial court, the trial court shall order the county in which
1-28 the trial was held to pay the costs of preparing the statement of
1-29 facts. <This section shall apply to any county with a population
1-30 in excess of two million according to the most recent federal
1-31 census.>
1-32 2. Section . Amend Section 14.32(b), Family Code, to
1-33 read as follows:
1-34 (b) Record <Court Reporter>. An enforcement order under
1-35 this subchapter may not be entered if a record of the proceedings
1-36 is not made by a court reporter or as provided by Subchapter A,
1-37 Chapter 54, Government Code, unless:
1-38 (1) the parties agree on entry of the order; or
1-39 (2) when the motion does not seek <if the order
1-40 seeks>incarceration, the parties waive the requirement of a record
1-41 at the time of hearing, either in writing or in open court and with
1-42 the approval of the court.
1-43 3. Section . Section 54.06, Family Code, is amended by
1-44 adding Subsection (c) to read as follows:
1-45 (c) A court may enforce an order for support under this
1-46 section by ordering garnishment of the wages of the person ordered
1-47 to pay support.
1-48 4. Amend Section 11 of the engrossed copy of the bill as
1-49 follows:
1-50 Section 11.
1-51 1) On page 6, line 3, strike "and" and after "(h)," insert
1-52 "and (q)".
1-53 2) On page 7, between lines 38 and 39, insert the following:
1-54 (q) Reduction or Termination of Withholding.
1-55 In any proceeding brought under Part D of Title IV of the
1-56 federal Social Security Act, as amended (42 U.S.C. Section 651 et
1-57 seq.), the attorney general shall establish procedures for the
1-58 reduction in or termination of withholding from income on the
1-59 liquidation of an arrearage or the termination of the obligation of
1-60 support. The procedures must provide that the payment of overdue
1-61 support may not be used as the sole basis for terminating
1-62 withholding. If a court has rendered an order which reduces the
1-63 amount of child support to be withheld under this section or
1-64 terminates withholding for child support, any person or
1-65 governmental entity may deliver to the employer a certified copy of
1-66 the order without the requirement that the clerk of the court
1-67 deliver the order. The provisions of Subsection (l) of this
1-68 section apply to an order which reduces or terminates withholding.
2-1 Rationale for amendments:
2-2 1. From Sen. Chris Harris' amendment to his SB 1399, during
2-3 last week's Jurisprudence Committee hearing.
2-4 2. From Sen. Chris Harris' SB 1399, State Bar of Texas,
2-5 Family Law Section Legislation to clarify existing law to permit
2-6 waiver of court reporter/record in enforcement proceedings if
2-7 incarceration is not sought.
2-8 3. Request from Rep. Seidlits, contained in his HB 1448, to
2-9 clarify that when court orders support for child that is in state
2-10 care as a child in need of supervision under delinquency statute
2-11 income withholding for the court-ordered child support is
2-12 permitted.
2-13 4. Request from Senator Luna for amendment to SB 1405 by
2-14 Sen. Chris Harris, clarifies that when court renders order which
2-15 reduces or terminates income withholding any party may send
2-16 certified copy of order to employer without having to go through
2-17 district clerk to accomplish this. This should prevent extra
2-18 withholding from occurring.
2-19 A BILL TO BE ENTITLED
2-20 AN ACT
2-21 relating to the enforcement, collection, and withholding of income
2-22 for child support.
2-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
2-24 SECTION 1. Section 11.01, Family Code, is amended by adding
2-25 Subdivision (11) to read as follows:
2-26 (11) "Local registry" means an agency or entity
2-27 operated under the authority of a district clerk, county
2-28 government, juvenile board, juvenile probation office, domestic
2-29 relations office, or other county agency or entity that serves a
2-30 county or a court that has jurisdiction under this title and that:
2-31 (1) receives child support payments;
2-32 (2) maintains records of child support payments;
2-33 (3) distributes child support payments as
2-34 required by law; and
2-35 (4) maintains custody of official child support
2-36 payment records.
2-37 SECTION 2. Section 11.05(h), Family Code, is amended to read
2-38 as follows:
2-39 (h) During the transfer of a suit affecting the parent-child
2-40 relationship from a court with continuing jurisdiction, the
2-41 transferring court retains jurisdiction to enter temporary orders.
2-42 The jurisdiction of the transferring court terminates on the
2-43 docketing of the case in the transferee court. The transferring
2-44 court's local <child support> registry shall continue to receive,
2-45 record, and disburse child support payments to the payee until
2-46 receipt of notice that the transferred case has been docketed by
2-47 the transferee court. After receipt of notice of docketing, the
2-48 transferring court's local registry shall send a certified copy of
2-49 the child support payment record to the clerk of the transferee
2-50 court and shall forward any payments received to the transferee
2-51 court's local registry.
2-52 SECTION 3. Sections 11.06(j) and (m), Family Code, are
2-53 amended to read as follows:
2-54 (j) The court transferring a proceeding shall send to the
2-55 proper court in the county to which transfer is made the complete
2-56 files in all matters affecting the child, certified copies of all
2-57 entries in the minutes, a certified copy of any decree of
2-58 dissolution of marriage issued in a suit joined with the suit
2-59 affecting the parent-child relationship, and certified copies of
2-60 each order issued. The transferring court shall keep a copy of the
2-61 transferred files. If the transferring court retains jurisdiction
2-62 of another child who was the subject of the suit, the court shall
2-63 send a copy of the complete files to the court to which the
2-64 transfer is made and shall keep the original files. If an order
2-65 has been rendered or writ has been issued ordering payment of child
2-66 support to the local registry of the transferring court, that court
2-67 shall render an order that all future payments be made to the local
2-68 registry of the transferee court. The clerk of the transferring
2-69 court shall send a certified copy of the order directing payments
2-70 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.
3-28 Abuse is defined to include checks drawn on insufficient funds,
3-29 abusive or offensive language written on the check, intentional
3-30 mutilation of the instrument, or other actions that delay or
3-31 disrupt the registry's operation.
3-32 Sec. 14.0502. PAYMENT OR TRANSFER OF CHILD SUPPORT PAYMENTS
3-33 BY ELECTRONIC FUNDS TRANSFER. (a) A child support payment may be
3-34 made by electronic funds transfer to the attorney general or to a
3-35 local registry if the registry agrees to accept electronic payment.
3-36 (b) A local registry may transmit child support payments to
3-37 the attorney general by electronic funds transfer if the attorney
3-38 general agrees to accept electronic payment.
3-39 Sec. 14.0503. DISPOSITION OF CHILD SUPPORT PAYMENTS.
3-40 (a) Except as agreed by the parties, an order for the periodic
3-41 payment of child support, including an order requiring payments on
3-42 child support arrears, rendered, modified, or enforced on or after
3-43 January 1, 1994, shall order that child support be paid through a
3-44 local registry or through the attorney general.
3-45 (b) In an action taken under Part D of Title IV of the
3-46 federal Social Security Act (42 U.S.C. Section 651 et seq.), the
3-47 court shall order that income withheld for child support be paid:
3-48 (1) to the attorney general through a local registry,
3-49 which shall forward the payment to the attorney general; or
3-50 (2) directly to the attorney general.
3-51 Sec. 14.0504. PRODUCTION OF CHILD SUPPORT PAYMENT RECORD.
3-52 The attorney general or a local registry may comply with a subpoena
3-53 or other order directing the production of a child support payment
3-54 record by sending a certified copy of the record to the court that
3-55 directed production of the record.
3-56 SECTION 5. Section 14.062, Family Code, is amended to read
3-57 as follows:
3-58 Sec. 14.062. RETROACTIVE CHILD SUPPORT <REIMBURSEMENT FOR
3-59 PUBLIC ASSISTANCE>. (a) In a suit affecting the parent-child
3-60 relationship, a suit to establish paternity, or a suit under
3-61 Chapter 21 of this code that is brought under Chapter 76, Human
3-62 Resources Code, or Part D of Title IV of the federal Social
3-63 Security Act (42 U.S.C. Section 651 et seq.), if the court finds
3-64 that no decree or order affecting the parent-child relationship to
3-65 which the parents were parties has been previously rendered, the
3-66 court may order a parent to make periodic payments, a lump-sum
3-67 payment, or both, as retroactive child support provided that the
3-68 court shall be guided by the evidentiary factors contained in
3-69 Section 14.053(l) of this code <The court may order either or both
3-70 parents to make periodic payments or a lump-sum payment as child
4-1 support, or both, as reimbursement for public assistance paid by
4-2 the state for the support of a child under Chapter 31, Human
4-3 Resources Code>.
4-4 (b) Unless the state is a party to an agreement concerning
4-5 support or purporting to settle past, present, or future support
4-6 obligations by prepayment or otherwise, an agreement between the
4-7 parties does not reduce or terminate any right of this state or any
4-8 other state to recover retroactive support <for public assistance
4-9 provided>.
4-10 (c) In a proceeding in which retroactive child support is
4-11 sought under this section, the court shall use the child support
4-12 guidelines provided by Section 14.053 of this code together with
4-13 any relevant evidentiary factors.
4-14 SECTION 6. Sections 14.30(a)(1) and (3), Family Code, are
4-15 amended to read as follows:
4-16 (1) "Earnings" means compensation paid or payable for
4-17 personal services, whether denominated as wages, salary,
4-18 compensation received as an independent contractor, overtime pay,
4-19 severance pay, commission, bonus, or otherwise, and includes
4-20 periodic payments pursuant to a pension, annuity, workers'
4-21 compensation, disability and retirement program, and unemployment
4-22 benefits.
4-23 (3) "Employer" means any person, including the United
4-24 States and any governmental entity as defined by Section 11.01 of
4-25 this code. "Person" shall include but is not limited to
4-26 individuals, workers' compensation insurance carriers,
4-27 partnerships, and corporations.
4-28 SECTION 7. Section 14.311(c), Family Code, is amended to
4-29 read as follows:
4-30 (c) Payment Record. The movant may attach to the motion a
4-31 copy of a record of child support payments maintained by the
4-32 attorney general or a <state or> local <child support> registry.
4-33 If a payment record is attached, it constitutes a prima facie
4-34 showing of the facts asserted in the payment record, subject to the
4-35 right of the respondent to offer controverting evidence, and may be
4-36 admitted as evidence of the truth of payments made and not made as
4-37 shown by the payment record.
4-38 SECTION 8. Section 14.318, Family Code, is amended by
4-39 amending Subsections (d) and (e) and by adding Subsection (f) to
4-40 read as follows:
4-41 (d) Cash Bond as Support. If a cash bond has been posted
4-42 and the respondent <appears at the hearing as directed and if the
4-43 respondent> is found to be in arrears in the payment of
4-44 court-ordered <contempt for failure to pay> child support <as
4-45 ordered>, the court shall order that the proceeds of <the
4-46 respondent to execute an assignment of> the cash bond be paid to
4-47 the child support obligee or to a person designated by the court up
4-48 to the amount of any child support arrearages determined to exist.
4-49 This subsection applies without regard to whether the respondent
4-50 appears at the hearing.
4-51 (e) Appearance Bond or Security Other Than Cash Bond as
4-52 Support. If the respondent fails to appear at the hearing as
4-53 directed, the court shall order that <and> the appearance bond or
4-54 security be <has been> forfeited and that <if the respondent has
4-55 been found to be in contempt for failure to pay child support as
4-56 ordered,> the proceeds of any judgment on the bond or security
4-57 <shall> be paid to the obligee or to a person designated by the
4-58 court up to the amount of any child support arrearages determined
4-59 to exist. The obligee may bring suit on the bond.
4-60 (f) Cash Bond Treated as Property of Respondent. A court
4-61 shall treat a cash bond posted for the benefit of the respondent
4-62 under this section as the property of the respondent. The person
4-63 who posts the cash bond does not have recourse in relation to any
4-64 order that the court may make regarding the bond.
4-65 SECTION 9. Section 14.33(a), Family Code, is amended to read
4-66 as follows:
4-67 (a) Contents. An enforcement order shall contain findings
4-68 setting out in ordinary and concise language the provisions of the
4-69 final order, decree, or judgment for which enforcement was sought,
4-70 the acts or omissions that are the subject of the order, the manner
5-1 of noncompliance, and the relief awarded by the court. If the
5-2 order imposes incarceration or a fine, an enforcement order must
5-3 contain findings setting out specifically and with particularity or
5-4 incorporating by reference the provisions of the final order,
5-5 decree, or judgment for which enforcement was sought and the
5-6 <time,> date<, and place> of each occasion on which the respondent
5-7 failed to comply with the provision and setting out the relief
5-8 awarded by the court.
5-9 SECTION 10. Section 14.41, Family Code, is amended to read
5-10 as follows:
5-11 Sec. 14.41. JUDGMENT FOR DELINQUENT <PAST-DUE> CHILD SUPPORT
5-12 PAYMENTS. (a) Judgment for Arrearages. A periodic child support
5-13 payment not timely made shall constitute a final judgment for the
5-14 amount due and owing, including interest as provided by Section
5-15 14.34 of this code. On the motion of an obligee or obligor, after
5-16 notice and hearing, the court shall confirm the amount of child
5-17 support in arrears and shall render one cumulative judgment against
5-18 an obligor for all <any amount of> child support unpaid and owing,
5-19 including interest as provided by Section 14.34 of this code, and
5-20 any balance owed on previously confirmed arrearages, lump sum, or
5-21 retroactive support judgments. The judgment rendered by the court
5-22 may be subject to a counterclaim or offset as provided by
5-23 Subsection (c) of this section. The judgment may be enforced by
5-24 any means available for the enforcement of judgments for debts and
5-25 <or> by an order of the court requiring that income be withheld
5-26 from the disposable earnings of the obligor in a reasonable <an>
5-27 amount <sufficient> to satisfy the judgment. A court order
5-28 enforcing the judgment through the withholding of disposable
5-29 earnings of the obligor must comply with the requirements of
5-30 Section 14.43 of this code. The court shall order that a
5-31 reasonable amount of income be withheld from the disposable
5-32 earnings of the obligor to be applied toward the liquidation of any
5-33 child support arrearages, notwithstanding that a judgment for
5-34 arrears has been entered against the obligor.
5-35 (b) Time Limitations. <The court may not confirm the amount
5-36 of child support in arrears and may not enter a judgment for unpaid
5-37 child support payments that were due and owing more than 10 years
5-38 before the filing of the motion to render judgment under this
5-39 section.> The court of continuing jurisdiction retains
5-40 jurisdiction to confirm the total amount of child support in
5-41 arrears and enter judgment for past-due child support obligations
5-42 if a motion to render judgment for the arrearages is filed within
5-43 four years after:
5-44 (1) the child becomes an adult; or
5-45 (2) the date on which the child support obligation
5-46 terminates pursuant to the decree or order or by operation of law.
5-47 (c) Possession of Child by Obligor. If the managing
5-48 conservator has voluntarily relinquished to the obligor the actual
5-49 care, control, and possession of a child for a time period in
5-50 excess of the court-ordered periods of possession of and access to
5-51 the child, the child support order continues unabated until further
5-52 order of the court as provided by Section 14.08 of this code.
5-53 However, an obligor who has provided actual support to the child
5-54 during such time periods may seek reimbursement for that support as
5-55 a counterclaim or offset against the claim of the managing
5-56 conservator. An action against the managing conservator for
5-57 support supplied to a child shall be limited to the amount of
5-58 periodic payments previously ordered by the court.
5-59 (d) Retroactive Modification. The court may not reduce or
5-60 modify the amount of child support arrearages in rendering judgment
5-61 under this section.
5-62 (e) Cumulative Judgment. A cumulative judgment confirming
5-63 the amount of a child support arrearage under this section shall
5-64 include the unpaid balance owed on previously determined arrearages
5-65 or judgments for child support, including interest on the arrearage
5-66 and judgment as of a specified date, and shall state that it is a
5-67 cumulative judgment.
5-68 SECTION 11. Sections 14.43(a), (c), (d), (e), and (h),
5-69 Family Code, are amended to read as follows:
5-70 (a) Duty of Court to Order Income Withholding. Except for
6-1 good cause shown, or on agreement of the parties, or as provided in
6-2 Subsection (b) of this section, the court shall enter an order that
6-3 provides that income be withheld from the disposable earnings of
6-4 the obligor:
6-5 (1) in every original suit affecting the parent-child
6-6 relationship in which child support payments are ordered;
6-7 (2) on motion to require income withholding regarding
6-8 a child support order entered before the effective date of this
6-9 subchapter; provided that at the time the motion is filed the
6-10 obligor is shown to have been in arrears for a time period of at
6-11 least 30 days for some portion of the amount due and in arrears for
6-12 an amount equal to or greater than that due for a one-month period;
6-13 (3) on motion to modify an order entered after the
6-14 effective date of this subchapter that did not originally order
6-15 income withheld; provided that the obligor is shown to have been in
6-16 arrears for a time period of at least 30 days for some portion of
6-17 the amount due and is currently in arrears for an amount equal to
6-18 or greater than that due for a one-month period; or
6-19 (4) after a hearing unsuccessfully contesting a notice
6-20 of delinquency as provided by Section 14.44 of this code in a case
6-21 involving the delinquency of either a child support order entered
6-22 before the effective date of this subchapter or after the effective
6-23 date of this subchapter that did not originally order income
6-24 withheld. Payment of overdue support after receipt of notice of a
6-25 hearing as provided by this section shall not be the sole basis for
6-26 the court to refuse to order withholding from income. In an order
6-27 for income withholding entered under this subdivision, the court
6-28 shall order that a reasonable amount of income be withheld from the
6-29 disposable earnings of the obligor to be applied toward the
6-30 liquidation of any child support arrearages, notwithstanding that
6-31 judgment for arrears has been rendered against the obligor.
6-32 (c) Payment. The court shall order that income withheld for
6-33 child support be paid through and promptly distributed by a local
6-34 <court> registry<, a child support collection office,> or the
6-35 attorney general<, unless the court finds that there is good cause
6-36 to require payments to be made to another person or office>.
6-37 (d) Withholding for Arrearages. In addition to income
6-38 withheld for the current support of a child, <in appropriate
6-39 circumstances and in accordance with the guidelines established for
6-40 child support payments as provided in Subsection (a) of Section
6-41 14.05 of this code,> the court shall enter an order that income be
6-42 withheld from the disposable earnings of the obligor to be applied
6-43 toward the liquidation of any child support arrearages, including
6-44 interest as provided by Section 14.34 of this code. The additional
6-45 amount to be withheld to be applied towards arrears shall be
6-46 sufficient to fully discharge those arrears in not more than two
6-47 years or add 20 percent to the amount of the current monthly
6-48 support order, whichever will result in the arrears being fully
6-49 discharged in the least amount of time consistent with the
6-50 limitations on the maximum amount that may be withheld from
6-51 earnings as provided by Subsection (f) of this section. If current
6-52 support is no longer owed, the court shall enter an order that
6-53 income be withheld from the disposable earnings of the obligor to
6-54 be applied toward the liquidation of any child support arrearages,
6-55 including accrued interest, in an amount sufficient to fully
6-56 discharge those arrears in not more than two years, consistent with
6-57 the limitations on the maximum amount that may be withheld from
6-58 earnings as provided by Subsection (f) of this section. If the
6-59 court finds that such a repayment schedule would cause the obligor,
6-60 the obligor's family, or children for whom support is due from the
6-61 obligor to suffer unreasonable hardship, the court may extend the
6-62 repayment period for a reasonable length of time.
6-63 (e) Contents of Order. An order withholding income shall
6-64 state:
6-65 (1) the style, docket number, and court having
6-66 continuing jurisdiction of the suit;
6-67 (2) the name, address, and, if available, the social
6-68 security number of the obligor;
6-69 (3) the amount, including accrued interest, and
6-70 duration of the child support payments;
7-1 (4) the name, address, and, if available, the social
7-2 security numbers of the child and the obligee;
7-3 (5) the name and address of the person or agency to
7-4 whom the payments shall be made; and
7-5 (6) any other matter deemed necessary to effectuate
7-6 the order.
7-7 The court shall order the obligor to notify the court
7-8 promptly of any change affecting the order and that the ordered
7-9 amount be paid to a local registry or the attorney general<, the
7-10 court registry, or a child support collection office serving the
7-11 court, unless the court finds there is good cause to require that
7-12 payments be made directly to the obligee or to another person or
7-13 office>.
7-14 (h) Notice and Effective Date of Order. The employer shall
7-15 begin to withhold income in accordance with an order issued under
7-16 this section or a writ issued under Section 14.45 of this code no
7-17 later than the first pay period <which occurs 14 days> following
7-18 the date on which the order or writ was delivered to the employer
7-19 and shall continue to withhold income as long as the obligor is
7-20 employed by the employer. An order issued under this section or a
7-21 writ issued under Section 14.45 of this code that is delivered to
7-22 an employer that does business in this state is binding on the
7-23 employer without regard to whether the obligor resides or works
7-24 outside the state. Delivery of the order or writ to the employer
7-25 shall be by certified or registered mail, return receipt requested,
7-26 to the person authorized to receive service of process in civil
7-27 cases generally, or to a person designated by the employer to
7-28 receive notices of delinquency by written notice to the clerk of
7-29 the appropriate court, or by the service of citation as provided by
7-30 the Texas Rules of Civil Procedure. After the effective date, the
7-31 amount to be withheld shall be remitted to the person or office
7-32 named in the order on each <regular due date or> pay date. The
7-33 payment shall include the date on which the withholding occurred.
7-34 SECTION 12. Section 14.44(d), Family Code, is amended to
7-35 read as follows:
7-36 (d) Hearing on Contested Delinquency. On filing of a motion
7-37 to stay issuance, the clerk of court shall notify the attorney who
7-38 filed the notice of delinquency and the court that the motion has
7-39 been filed. A <When a motion to stay issuance and delivery has
7-40 been filed, a> hearing on the motion must be held within 30 days of
7-41 its filing. The obligor, <and> obligee, or their authorized
7-42 representatives, and the attorney who filed the notice of
7-43 delinquency must be notified by the clerk of court of the date,
7-44 time, and place of the hearing. The court must decide the
7-45 contested delinquency and either enter an order for income
7-46 withholding pursuant to Section 14.43 of this code or deny the
7-47 requested relief within 45 days of the date that the notice of
7-48 delinquency was received by the obligor. If movant is pleading
7-49 repeated violations of the court order, it is permissible to plead
7-50 anticipated future violations of a similar nature that may arise
7-51 between the filing of the motion or the notice of delinquency and
7-52 the date of the hearing or the issuance of a writ of withholding
7-53 from earnings for child support. Any defect in pleadings will be
7-54 considered waived unless respondent specially excepts in writing
7-55 and cites with particularity the alleged defect, obscurity, or
7-56 other ambiguity in the motion for enforcement. Any such defensive
7-57 pleading must be heard by the court before hearing the motion to
7-58 stay issuance. If any exceptions are sustained by the court, the
7-59 movant shall be given an opportunity to replead and shall continue
7-60 the hearing to a date certain without the requirement of additional
7-61 service.
7-62 SECTION 13. Sections 14.45(a) and (b), Family Code, are
7-63 amended to read as follows:
7-64 (a) Issuance and Delivery. No sooner than 20 days following
7-65 the mailing of a notice of delinquency to the obligor by first
7-66 class mail or 11 days after receipt of a notice of delinquency by
7-67 the obligor by hand delivery or certified mail, if no motion to
7-68 stay issuance of the writ has been filed, the attorney who filed
7-69 the notice of delinquency shall file a request with the clerk of
7-70 court to issue a writ of income withholding. The writ shall be
8-1 issued by the clerk and delivered by certified mail, return receipt
8-2 requested, to the employer of the obligor to the person authorized
8-3 to receive service of process in civil cases generally, or to a
8-4 person designated by the employer to receive writs of withholding
8-5 by written notice to the clerk of the appropriate court, or by the
8-6 service of citation as provided by the Texas Rules of Civil
8-7 Procedure. The amount to be withheld shall be paid to the person
8-8 or office named in the writ on each pay date and shall include with
8-9 the payment the date on which the withholding occurred. The writ
8-10 shall be issued and mailed by the clerk not later than the second
8-11 working day after the request is filed.
8-12 (b) Contents. Except as provided in Subsection (c) of this
8-13 section, the writ of income withholding shall direct the employer
8-14 or a subsequent employer to withhold from the obligor's disposable
8-15 income for current child support and child support arrearage in a
8-16 manner identical to the terms provided by Section 14.43 of this
8-17 code, as far as is practical.
8-18 SECTION 14. Section 14.055(c), Family Code, is amended to
8-19 read as follows:
8-20 (c) More Than $6,000 <$4,000> Monthly Net Resources. In
8-21 situations in which the obligor's net resources exceed $6,000
8-22 <$4,000> per month, the court shall presumptively apply the
8-23 percentage guidelines in Subsection (b) of this section to the
8-24 first $6,000 <$4,000> of the obligor's net resources. A court may
8-25 not apply the percentage guidelines in Subsection (b) of this
8-26 section to any portion of the obligor's monthly net resources that
8-27 exceeds $6,000. The court may order periodic child support
8-28 payments in an amount in excess of the maximum amount presumptively
8-29 established by the guidelines, however, if the court finds that
8-30 such additional support is necessary and appropriate to meet
8-31 extraordinary health care costs or additional educational and
8-32 educationally related extracurricular expenses directly
8-33 attributable to the needs of the child. The court may order that
8-34 additional child support in excess of the amount established by
8-35 application of the guidelines be paid by the obligor directly to a
8-36 third party who provides the goods or services for the sole benefit
8-37 of the child. The support of a minor who qualifies for support
8-38 under Section 14.051 of this code shall be governed by that section
8-39 <Without further reference to the percentage recommended by these
8-40 guidelines, the court may order additional amounts of child support
8-41 as proven, depending on the needs of the child at the time of the
8-42 order>.
8-43 SECTION 15. Section 14.68(a), Family Code, is amended to
8-44 read as follows:
8-45 (a) The order withholding income shall direct payment to be
8-46 made to the attorney general, either directly or through a local
8-47 registry. The attorney general <who> shall promptly transmit the
8-48 payments to the agency or person designated to receive them.
8-49 SECTION 16. Subchapter D, Chapter 14, Family Code, is
8-50 amended by adding Section 14.87 to read as follows:
8-51 Sec. 14.87. TITLE IV-D REGISTRY. The attorney general shall
8-52 establish a registry for Title IV-D cases brought in this state
8-53 that shall:
8-54 (1) receive child support payments;
8-55 (2) maintain a record of child support paid and any
8-56 arrearages owed under each order;
8-57 (3) distribute child support payments received as
8-58 required by law; and
8-59 (4) maintain custody of official child support payment
8-60 records.
8-61 SECTION 17. Section 14.91(b), Family Code, is amended to
8-62 read as follows:
8-63 (b) A court may <not> appoint a friend of the court in a
8-64 proceeding under Part D of Title IV of the federal Social Security
8-65 Act (42 U.S.C. Section 651 et seq.) only if the attorney general
8-66 agrees in writing to the appointment.
8-67 SECTION 18. Section 14.93, Family Code, is amended to read
8-68 as follows:
8-69 Sec. 14.93. Duty of Local Offices and Officials to Report.
8-70 A local domestic relations office, a local registry <child support
9-1 collection office>, or a court official designated to receive child
9-2 support under a court order shall, if ordered by the court, report
9-3 to the court or a friend of the court on a monthly basis:
9-4 (1) any delinquency and arrearage in child support
9-5 payments; and
9-6 (2) any violation of a court order relating to
9-7 possession of or access to a child.
9-8 SECTION 19. Section 14.971(b), Family Code, is amended to
9-9 read as follows:
9-10 (b) The lien exists in favor of:
9-11 (1) the obligee or a private attorney representing the
9-12 obligee;
9-13 (2) the attorney general in providing child support
9-14 services pursuant to Chapter 76, Human Resources Code, and Part D
9-15 of Title IV of the federal Social Security Act (42 U.S.C. Section
9-16 651 et seq.);
9-17 (3) a domestic relations office or local<, including a
9-18 court> registry<, that has the duty to enforce or collect and
9-19 distribute child support payments>; and
9-20 (4) an attorney appointed a friend of the court under
9-21 Section 14.91 of this code.
9-22 SECTION 20. Section 2.32, Texas Workers' Compensation Act
9-23 (Article 8308-2.32, Vernon's Texas Civil Statutes), is amended to
9-24 read as follows:
9-25 Sec. 2.32. Exceptions. (a) The commission may release
9-26 information on a claim to a governmental agency, political
9-27 subdivision, or regulatory body for the following purposes:
9-28 (1) investigating an allegation of criminal offense or
9-29 licensing or regulatory violation;
9-30 (2) providing unemployment benefits, crime victims
9-31 compensation benefits, vocational rehabilitation services, or
9-32 health care benefits;
9-33 (3) investigating occupational safety or health
9-34 violations; <or>
9-35 (4) verifying income on an application for benefits
9-36 under an income-based state or federal assistance program; or
9-37 (5) assessing financial resources in an action,
9-38 including an administrative action, to:
9-39 (A) establish, modify, or enforce a child
9-40 support or medical support obligation;
9-41 (B) establish paternity;
9-42 (C) locate an absent parent; or
9-43 (D) cooperate with another state in an action
9-44 authorized under Part D of Title IV of the federal Social Security
9-45 Act (42 U.S.C. Section 651 et seq.) and its subsequent amendments
9-46 or Chapter 76, Human Resources Code, and its subsequent amendments.
9-47 (b) The commission shall release information on a claim to:
9-48 (1) the State Board of Insurance for any statutory or
9-49 regulatory purpose;
9-50 (2) legislative committees for legislative purposes;
9-51 (3) a state or federal elected official requested in
9-52 writing to provide assistance by a constituent who qualifies to
9-53 obtain injury information under Section 2.31(d) of this Act, if the
9-54 request for assistance is provided to the commission; <and>
9-55 (4) the research center for research purposes; or
9-56 (5) the attorney general or another entity that
9-57 provides child support services under Part D of Title IV of the
9-58 federal Social Security Act (42 U.S.C. Section 651 et seq.) and its
9-59 subsequent amendments or Chapter 76, Human Resources Code, and its
9-60 subsequent amendments, relating to:
9-61 (A) establishing, modifying, or enforcing a
9-62 child support or medical support obligation; or
9-63 (B) locating an absent parent.
9-64 SECTION 21. Section 14.96, Family Code, is repealed.
9-65 SECTION 22. (a) This Act takes effect September 1, 1993,
9-66 except that the change in law made by Section 14.0503(a), Family
9-67 Code, as added by this Act, takes effect January 1, 1994.
9-68 (b) The change in law made by Section 17 of this Act
9-69 relating to the appointment of a friend of the court in a
9-70 proceeding under Part D of Title IV of the federal Social Security
10-1 Act applies to a pending proceeding without regard to whether the
10-2 proceeding was commenced before, on, or after the effective date of
10-3 this Act.
10-4 SECTION 23. The importance of this legislation and the
10-5 crowded condition of the calendars in both houses create an
10-6 emergency and an imperative public necessity that the
10-7 constitutional rule requiring bills to be read on three several
10-8 days in each house be suspended, and this rule is hereby suspended.
10-9 * * * * *
10-10 Austin,
10-11 Texas
10-12 May 18, 1993
10-13 Hon. Bob Bullock
10-14 President of the Senate
10-15 Sir:
10-16 We, your Committee on Jurisprudence to which was referred H.B. No.
10-17 1433, have had the same under consideration, and I am instructed to
10-18 report it back to the Senate with the recommendation that it do
10-19 pass, as amended, and be printed.
10-20 Henderson,
10-21 Chairman
10-22 * * * * *
10-23 WITNESSES
10-24 FOR AGAINST ON
10-25 ___________________________________________________________________
10-26 Name: Howard Baldwin x
10-27 Representing: Atty Gen.
10-28 City: Austin
10-29 -------------------------------------------------------------------
10-30 Name: E. Shaw x
10-31 Representing: self
10-32 City: Houston
10-33 -------------------------------------------------------------------
10-34 Name: Rhonda Cates x
10-35 Representing: TX Cncl. on Fam. Violence
10-36 City: Austin
10-37 -------------------------------------------------------------------
10-38 Name: Shannon Noble x
10-39 Representing: TX Womens Pol. Caucus
10-40 City: Austin
10-41 -------------------------------------------------------------------
10-42 Name: Brent D. Sandbak x
10-43 Representing: TX Fathers
10-44 City: Austin
10-45 -------------------------------------------------------------------
10-46 Name: Bob Green x
10-47 Representing: TX Fathers Alliance
10-48 City: Austin
10-49 -------------------------------------------------------------------