By: Rosson S.B. No. 515
A BILL TO BE ENTITLED
AN ACT
1-1 relating to child support judgment actions.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (b), Section 14.40, Family Code, is
1-4 amended to read as follows:
1-5 (b) Time Limitations. The court retains jurisdiction to
1-6 enter a contempt order if a motion for contempt for failure to
1-7 comply with a court's child support order is filed within two years
1-8 <six months> after:
1-9 (1) the child becomes an adult; or
1-10 (2) the date on which the child support obligation
1-11 terminates pursuant to the decree or order or by operation of law.
1-12 SECTION 2. Section 14.41, Family Code, is amended by
1-13 amending Subsection (b) and adding Subsection (e) to read as
1-14 follows:
1-15 (b) Time Limitations. <The court may not confirm the amount
1-16 of child support in arrears and may not enter a judgment for unpaid
1-17 child support payments that were due and owing more than 10 years
1-18 before the filing of the motion to render judgment under this
1-19 section.> The court of continuing jurisdiction retains
1-20 jurisdiction to confirm the total amount of child support arrears
1-21 and enter judgment for past-due child support obligations if a
1-22 motion to render judgment for the arrearages is filed within four
1-23 years after:
1-24 (1) the child becomes an adult; or
2-1 (2) the date on which the child support obligation
2-2 terminates pursuant to the decree or order or by operation of law.
2-3 (e) Cumulative Judgment. A cumulative judgment shall
2-4 include the unpaid balance owed on previously determined arrears or
2-5 judgments for child support, including interest on all such arrears
2-6 and each prior judgment as of a specified date, and shall recite
2-7 that it is a cumulative judgment.
2-8 SECTION 3. This Act takes effect September 1, 1993.
2-9 SECTION 4. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.