By: Hill H.B. No. 2162
73R1373 MJW-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the enforcement of child support payments for health
1-3 insurance coverage and necessary medical expenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 14.41(a), Family Code, is amended to read
1-6 as follows:
1-7 (a) Judgment for Arrearages. A <periodic> child support
1-8 payment not timely made shall constitute a final judgment for the
1-9 amount due and owing, including interest as provided by Section
1-10 14.34 of this code. On the motion of an obligee or obligor, after
1-11 notice and hearing, the court shall confirm the amount of child
1-12 support in arrears and shall render judgment against an obligor for
1-13 any amount of child support unpaid and owing, including interest as
1-14 provided by Section 14.34 of this code. The judgment rendered by
1-15 the court may be subject to a counterclaim or offset as provided by
1-16 Subsection (c) of this section. The judgment may be enforced by
1-17 any means available for the enforcement of judgments for debts or
1-18 by an order of the court requiring that income be withheld from the
1-19 disposable earnings of the obligor in an amount sufficient to
1-20 satisfy the judgment. A court order enforcing the judgment through
1-21 the withholding of disposable earnings of the obligor must comply
1-22 with the requirements of Section 14.43 of this code.
1-23 SECTION 2. Subchapter B, Chapter 14, Family Code, is amended
1-24 by adding Section 14.411 to read as follows:
2-1 Sec. 14.411. ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS
2-2 RELATING TO HEALTH INSURANCE COVERAGE AND NECESSARY MEDICAL
2-3 EXPENSES NOT COVERED BY INSURANCE. A court may enforce a child
2-4 support obligation for health insurance coverage or the payment of
2-5 necessary medical expenses not covered by health insurance under
2-6 Section 14.061 of this code by any means available for the
2-7 enforcement of past-due child support payments, including rendering
2-8 a judgment under Section 14.41 of this code.
2-9 SECTION 3. This Act takes effect September 1, 1993, and
2-10 applies only to enforcement of a child support obligation that is
2-11 due and unpaid on or after the effective date of this Act, without
2-12 regard to whether the child support obligation arose before or
2-13 after the effective date of this Act.
2-14 SECTION 4. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.