By: Rosson, Wentworth S.B. No. 516
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the payment of child support to local registries and
1-2 the Title IV-D registry for the collection of court-ordered child
1-3 support and income withholding for child support.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.01, Family Code, is amended by adding
1-6 Subdivision (11) to read as follows:
1-7 (11) "Local registry" means an agency or entity
1-8 operated under the authority of a district clerk, county
1-9 government, juvenile board, juvenile probation office, domestic
1-10 relations office, or any other county agency or entity that serves
1-11 a county or a court having jurisdiction under this title and that:
1-12 (A) receives child support payments;
1-13 (B) maintains records of child support payments;
1-14 (C) distributes child support payments in
1-15 accordance with the law; and
1-16 (D) maintains custody of official child support
1-17 payment records.
1-18 SECTION 2. Subsection (h), Section 11.05, Family Code, is
1-19 amended to read as follows:
1-20 (h) During the transfer of a suit affecting the parent-child
1-21 relationship from a court with continuing jurisdiction, the
1-22 transferring court retains jurisdiction to enter temporary orders.
1-23 The jurisdiction of the transferring court terminates on the
1-24 docketing of the case in the transferee court. The transferring
2-1 court's local <child support> registry shall continue to receive,
2-2 record, and disburse child support payments to the payee until
2-3 receipt of notice that the transferred case has been docketed by
2-4 the transferee court. After receipt of notice of docketing, the
2-5 transferring court's local registry shall send a certified copy of
2-6 the child support payment record to the clerk of the transferee
2-7 court and shall forward any payments received to the transferee
2-8 court's local registry.
2-9 SECTION 3. Subsections (j) and (m), Section 11.06, Family
2-10 Code, are amended to read as follows:
2-11 (j) The court transferring a proceeding shall send to the
2-12 proper court in the county to which transfer is made the complete
2-13 files in all matters affecting the child, certified copies of all
2-14 entries in the minutes, a certified copy of any decree of
2-15 dissolution of marriage issued in a suit joined with the suit
2-16 affecting the parent-child relationship, and certified copies of
2-17 each order issued. The transferring court shall keep a copy of the
2-18 transferred files. If the transferring court retains jurisdiction
2-19 of another child who was the subject of the suit, the court shall
2-20 send a copy of the complete files to the court to which the
2-21 transfer is made and shall keep the original files. If an order has
2-22 been rendered or writ has been issued ordering payment of child
2-23 support to the local registry of the transferring court, that court
2-24 shall render an order that all future payments be made to the local
2-25 registry of the transferee court. The clerk of the transferring
2-26 court shall send a certified copy of the order directing payments
2-27 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 through 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 as 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 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.
4-1 Abuse is defined to include checks drawn on insufficient funds,
4-2 abusive or offensive language written on the check, intentional
4-3 mutilation of the instrument, or other actions which delay or
4-4 disrupt the registry's operation.
4-5 Sec. 14.0502. PAYMENT OR TRANSFER OF CHILD SUPPORT PAYMENTS.
4-6 (a) A child support payment may be made by electronic funds
4-7 transfer to the attorney general or to a local registry if the
4-8 registry agrees to accept electronic payment.
4-9 (b) A local registry may transmit child support payments to
4-10 the attorney general by electronic funds transfer if the attorney
4-11 general agrees to accept electronic payment.
4-12 Sec. 14.0503. DISPOSITION OF CHILD SUPPORT PAYMENTS.
4-13 (a) Except as agreed by the parties, an order for the periodic
4-14 payment of child support, including an order requiring payments on
4-15 child support arrears, rendered, modified, or enforced on or after
4-16 January 1, 1994, shall order that child support be paid through a
4-17 local registry or through the attorney general.
4-18 (b) In an action taken pursuant to Part D of Title IV of the
4-19 federal Social Security Act (42 U.S.C. Section 651 et seq.) the
4-20 court shall order that income withheld for child support be paid:
4-21 (1) to the attorney general through a local registry,
4-22 which shall forward the payment to the attorney general; or
4-23 (2) directly to the attorney general.
4-24 Sec. 14.0504. PRODUCTION OF CHILD SUPPORT PAYMENT RECORD.
4-25 The attorney general or a local registry may comply with a subpoena
4-26 or other order directing the production of a child support payment
4-27 record by sending a certified copy of the payment record to the
5-1 court that directed production of the record.
5-2 SECTION 5. Subsection (c), Section 14.311, Family Code, is
5-3 amended to read as follows:
5-4 (c) Payment Record. The movant may attach to the motion a
5-5 copy of a record of child support payments maintained by the
5-6 attorney general or a <state or> local <child support> registry.
5-7 If a payment record is attached, it constitutes a prima facie
5-8 showing of the facts asserted in the payment record, subject to the
5-9 right of the respondent to offer controverting evidence, and may be
5-10 admitted as evidence of the truth of payments made and not made as
5-11 shown by the payment record.
5-12 SECTION 6. Subsections (c) and (e), Section 14.43, Family
5-13 Code, are amended to read as follows:
5-14 (c) Payment. The court shall order that income withheld for
5-15 child support be paid through and promptly distributed by a local
5-16 <court> registry<, a child support collection office,> or the
5-17 attorney general<, unless the court finds that there is good cause
5-18 to require payments to be made to another person or office>.
5-19 (e) Contents of Order. An order withholding income shall
5-20 state:
5-21 (1) the style, docket number, and court having
5-22 continuing jurisdiction of the suit;
5-23 (2) the name, address, and, if available, the social
5-24 security number of the obligor;
5-25 (3) the amount, including accrued interest, and
5-26 duration of the child support payments;
5-27 (4) the name, address, and, if available, the social
6-1 security numbers of the child and the obligee;
6-2 (5) the name and address of the person or agency to
6-3 whom the payments shall be made; and
6-4 (6) any other matter deemed necessary to effectuate
6-5 the order.
6-6 The court shall order the obligor to notify the court
6-7 promptly of any change affecting the order and that the ordered
6-8 amount be paid to a local registry or the attorney general<, the
6-9 court registry, or a child support collection office serving the
6-10 court, unless the court finds there is good cause to require that
6-11 payments be made directly to the obligee or to another person or
6-12 office>.
6-13 SECTION 7. Subsection (a), Section 14.68, Family Code, is
6-14 amended to read as follows:
6-15 (a) The order withholding income shall direct payment to be
6-16 made to the attorney general, either directly or through a local
6-17 registry. The attorney general <who> shall promptly transmit the
6-18 payments to the agency or person designated to receive them.
6-19 SECTION 8. Subchapter D, Chapter 14, Family Code, is amended
6-20 by adding Section 14.87 to read as follows:
6-21 Sec. 14.87. TITLE IV-D REGISTRY. The attorney general shall
6-22 establish a registry for Title IV-D cases brought in this state
6-23 that shall:
6-24 (1) receive child support payments;
6-25 (2) maintain a record of child support paid and any
6-26 arrearages owed under each order;
6-27 (3) distribute child support payments received as
7-1 required by law; and
7-2 (4) maintain custody of official child support payment
7-3 records.
7-4 SECTION 9. Section 14.93, Family Code, is amended to read as
7-5 follows:
7-6 Sec. 14.93. Duty of Local Offices and Officials to Report. A
7-7 local domestic relations office, a local registry <child support
7-8 collection office>, or a court official designated to receive child
7-9 support under a court order shall, if ordered by the court, report
7-10 to the court or a friend of the court on a monthly basis:
7-11 (1) any delinquency and arrearage in child support
7-12 payments; and
7-13 (2) any violation of a court order relating to
7-14 possession of or access to a child.
7-15 SECTION 10. Subsection (b), Section 14.971, Family Code, is
7-16 amended to read as follows:
7-17 (b) The lien exists in favor of:
7-18 (1) the obligee or a private attorney representing the
7-19 obligee;
7-20 (2) the attorney general in providing child support
7-21 services pursuant to Chapter 76, Human Resources Code, and Part D
7-22 of Title IV of the federal Social Security Act (42 U.S.C. Section
7-23 651 et seq.);
7-24 (3) a domestic relations office or local<, including a
7-25 court> registry<, that has the duty to enforce or collect and
7-26 distribute child support payments>; and
7-27 (4) an attorney appointed a friend of the court under
8-1 Section 14.91 of this code.
8-2 SECTION 11. (a) The change in law made by this Act by
8-3 Subsection (a), Section 14.0503, Family Code, as added by this Act,
8-4 takes effect January 1, 1994.
8-5 (b) The remaining sections of this Act take effect
8-6 September 1, 1993.
8-7 SECTION 12. The importance of this legislation and the
8-8 crowded condition of the calendars in both houses create an
8-9 emergency and an imperative public necessity that the
8-10 constitutional rule requiring bills to be read on three several
8-11 days in each house be suspended, and this rule is hereby suspended.