By: Goodman H.B. No. 1870
73R3762 MJW-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to income withholding for child support and retroactive
1-3 child support.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 14.053, Family Code, is amended by adding
1-6 Subsection (l) to read as follows:
1-7 (l) Retroactive Child Support. The guidelines for the
1-8 support of a child in this chapter shall exclusively guide a court
1-9 in determining the amount of retroactive child support, if any, to
1-10 order under this title. In applying the guidelines, the court
1-11 shall attempt to determine the net resources of the obligor for the
1-12 period for which the court is ordering retroactive child support.
1-13 If, because of insufficient evidence, the court is unable to make
1-14 this determination, the court shall apply the guidelines using the
1-15 obligor's current net resources.
1-16 SECTION 2. Section 14.062, Family Code, is amended to read
1-17 as follows:
1-18 Sec. 14.062. RETROACTIVE CHILD SUPPORT <REIMBURSEMENT FOR
1-19 PUBLIC ASSISTANCE>. (a) This section applies to a suit affecting
1-20 the parent-child relationship, including a suit to establish
1-21 paternity, brought under Chapter 76, Human Resources Code, or Part
1-22 D of Title IV of the federal Social Security Act (42 U.S.C. Section
1-23 651 et seq.) <The court may order either or both parents to make
1-24 periodic payments or a lump-sum payment as child support, or both,
2-1 as reimbursement for public assistance paid by the state for the
2-2 support of a child under Chapter 31, Human Resources Code>.
2-3 (b) In a proceeding involving a child for whom the state has
2-4 paid public assistance, the court shall order a parent who has not
2-5 been the recipient of the public assistance to make periodic
2-6 payments, a lump-sum payment, or both, as retroactive child support
2-7 <Unless the state is a party to an agreement concerning support or
2-8 purporting to settle past, present, or future support obligations
2-9 by prepayment or otherwise, an agreement between the parties does
2-10 not reduce or terminate any right of this state or any other state
2-11 to recover for public assistance provided>.
2-12 (c) In a proceeding that does not involve a child for whom
2-13 the state has paid public assistance, the court may order a parent
2-14 to make periodic payments, a lump-sum payment, or both, as
2-15 retroactive child support.
2-16 (d) In a proceeding in which retroactive child support is
2-17 sought under this section, the court shall use the child support
2-18 guidelines provided by Section 14.053 of this code.
2-19 SECTION 3. Section 14.43(h), Family Code, is amended to read
2-20 as follows:
2-21 (h) Notice and Effective Date of Order. The employer shall
2-22 begin to withhold income in accordance with an order issued under
2-23 this section or a writ issued under Section 14.45 of this code no
2-24 later than the first pay period which occurs 14 days following the
2-25 date on which the order or writ was delivered to the employer and
2-26 shall continue to withhold income as long as the obligor is
2-27 employed by the employer. An order issued under this section or a
3-1 writ issued under Section 14.45 of this code that is delivered to
3-2 an employer that does business in this state is binding on the
3-3 employer without regard to whether the obligor resides or works
3-4 outside the state. Delivery of the order or writ to the employer
3-5 shall be by certified or registered mail, return receipt requested,
3-6 to the person authorized to receive service of process in civil
3-7 cases generally, or to a person designated by the employer to
3-8 receive notices of delinquency by written notice to the clerk of
3-9 the appropriate court, or by the service of citation as provided by
3-10 the Texas Rules of Civil Procedure. After the effective date, the
3-11 amount to be withheld shall be remitted to the person or office
3-12 named in the order on each <regular due date or> pay date. The
3-13 payment shall include the date on which the withholding occurred.
3-14 SECTION 4. Section 14.44(d), Family Code, is amended to read
3-15 as follows:
3-16 (d) Hearing on Contested Delinquency. On filing of a motion
3-17 to stay issuance, the clerk of court shall notify the attorney who
3-18 filed the notice of delinquency and the court that the motion has
3-19 been filed. A <When a motion to stay issuance and delivery has
3-20 been filed, a> hearing on the motion must be held within 30 days of
3-21 its filing. The obligor, <and> obligee, or their authorized
3-22 representatives, and the attorney who filed the notice of
3-23 delinquency must be notified by the clerk of court of the date,
3-24 time, and place of the hearing. The court must decide the
3-25 contested delinquency and either enter an order for income
3-26 withholding pursuant to Section 14.43 of this code or deny the
3-27 requested relief within 45 days of the date that the notice of
4-1 delinquency was received by the obligor. If movant is pleading
4-2 repeated violations of the court order, it is permissible to plead
4-3 anticipated future violations of a similar nature that may arise
4-4 between the filing of the motion or the notice of delinquency and
4-5 the date of the hearing or the issuance of a writ of withholding
4-6 from earnings for child support. Any defect in pleadings will be
4-7 considered waived unless respondent specially excepts in writing
4-8 and cites with particularity the alleged defect, obscurity, or
4-9 other ambiguity in the motion for enforcement. Any such defensive
4-10 pleading must be heard by the court before hearing the motion to
4-11 stay issuance. If any exceptions are sustained by the court, the
4-12 movant shall be given an opportunity to replead and shall continue
4-13 the hearing to a date certain without the requirement of additional
4-14 service.
4-15 SECTION 5. This Act takes effect September 1, 1993.
4-16 SECTION 6. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended.