By: Rosson S.B. No. 515
73R2031 MJW-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to child support judgment actions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 14.40(b), Family Code, is amended to read
1-5 as follows:
1-6 (b) Time Limitations. The court retains jurisdiction to
1-7 enter a contempt order if a motion for contempt for failure to
1-8 comply with a court's child support order is filed within two years
1-9 <six months> after:
1-10 (1) the child becomes an adult; or
1-11 (2) the date on which the child support obligation
1-12 terminates pursuant to the decree or order or by operation of law.
1-13 SECTION 2. Section 14.41, Family Code, is amended by
1-14 amending Subsection (b) and adding Subsection (e) to read as
1-15 follows:
1-16 (b) Time Limitations. <The court may not confirm the amount
1-17 of child support in arrears and may not enter a judgment for unpaid
1-18 child support payments that were due and owing more than 10 years
1-19 before the filing of the motion to render judgment under this
1-20 section.> The court of continuing jurisdiction retains
1-21 jurisdiction to confirm the total amount of child support in
1-22 arrears and enter judgment for past-due child support obligations
1-23 if a motion to render judgment for the arrearages is filed within
1-24 four years after:
2-1 (1) the child becomes an adult; or
2-2 (2) the date on which the child support obligation
2-3 terminates pursuant to the decree or order or by operation of law.
2-4 (e) Cumulative Judgment. A judgment confirming the amount
2-5 of a child support arrearage under this section may include amounts
2-6 for which a judgment has been previously rendered if the judgment
2-7 rendered under this section indicates that it is a cumulative
2-8 judgment that incorporates all arrearages as of a specified date.
2-9 A cumulative judgment for child support arrearages rendered under
2-10 this section supersedes a previous judgment for an arrearage that
2-11 is incorporated in the cumulative judgment.
2-12 SECTION 3. This Act takes effect September 1, 1993.
2-13 SECTION 4. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.