By: Henderson S.B. No. 858
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, and to
1-4 retroactive child support.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 14.062, Family Code, is amended to read
1-7 as follows:
1-8 Sec. 14.062. RETROACTIVE CHILD SUPPORT IN TITLE IV-D CASES
1-9 <REIMBURSEMENT FOR PUBLIC ASSISTANCE>. (a) This section applies
1-10 to a suit affecting the parent-child relationship, including a suit
1-11 to establish paternity, brought under Chapter 76, Human Resources
1-12 Code, or Part D of Title IV, of the federal Social Security Act (42
1-13 U.S.C. Section 651 et seq.) <The court may order either or both
1-14 parents to make periodic payments or a lump sum payment as child
1-15 support, or both, as reimbursement for public assistance paid by
1-16 the state for the support of a child under Chapter 31, Human
1-17 Resources Code>.
1-18 (b) In a proceeding establishing a child support order, the
1-19 court may order a parent to make periodic payments, a lump-sum
1-20 payment, or both, as retroactive child support.
1-21 (c) Unless the state is a party to an agreement concerning
1-22 support or purporting to settle past, present, or future support
1-23 obligations by prepayment or otherwise, an agreement between the
1-24 parties does not reduce or terminate any right of this state or any
2-1 other state to recover retroactive support <for public assistance
2-2 provided>.
2-3 (d) In proceedings in which retroactive support is sought
2-4 under this section, the court shall use the child support
2-5 guidelines provided by Section 14.053 of this code.
2-6 SECTION 2. Subsection (h), Sections 14.43, Family Code, is
2-7 amended to read as follows:
2-8 (h) Notice and Effective Date of Order. The employer shall
2-9 begin to withhold income in accordance with an order issued under
2-10 this section or a writ issued under Section 14.45 of this code no
2-11 later than the first pay period <which occurs 14 days> following
2-12 the date on which the order or writ was delivered to the employer
2-13 and shall continue to withhold income as long as the obligor is
2-14 employed by the employer. An order issued under this section or a
2-15 writ issued under Section 14.45 of this code that is delivered to
2-16 an employer that does business in this state is binding upon the
2-17 employer without regard to whether the obligor resides or works
2-18 outside of the state. Delivery of the order or writ to the
2-19 employer shall be by certified or registered mail, return receipt
2-20 requested, to the person authorized to receive service of process
2-21 in civil cases generally, or to a person designated by the employer
2-22 to receive notices of delinquency by written notice to the clerk of
2-23 the appropriate court, or by the service of citation as provided by
2-24 the Texas Rules of Civil Procedure. After the effective date, the
2-25 amount to be withheld shall be remitted to the person or office
2-26 named in the order on each <regular due date or> pay date and shall
2-27 include with such payment the date on which withholding occurred.
3-1 SECTION 3. Subsection (d), Section 14.44, Family Code, is
3-2 amended to read as follows:
3-3 (d) Hearing on Contested Delinquency. On filing of a motion
3-4 to stay issuance, the clerk shall notify the attorney who filed the
3-5 notice of delinquency and the court that such motion has been
3-6 filed. A <When a motion to stay issuance and delivery has been
3-7 filed, a> hearing on the motion must be held within 30 days of its
3-8 filing. The obligor, <and> obligee, or their authorized
3-9 representatives, and the attorney who filed the notice of
3-10 delinquency must be notified by the clerk of the court of the date,
3-11 time, and place of the hearing. The court must decide the
3-12 contested delinquency and either enter an order for income
3-13 withholding pursuant to Section 14.43 of this code or deny the
3-14 requested relief within 45 days of the date that the notice of
3-15 delinquency was received by the obligor. If movant is pleading
3-16 repeated violations of the court order, it is permissible to plead
3-17 anticipated future violations of a similar nature that may arise
3-18 between the filing of the motion or the notice of delinquency and
3-19 the date of the hearing or the issuance of a writ of withholding
3-20 from earnings for child support. Any defect in pleadings will be
3-21 considered waived unless respondent specially excepts in writing
3-22 and cites with particularity the alleged defect, obscurity, or
3-23 other ambiguity in the motion for enforcement. Any such defensive
3-24 pleading must be heard by the court before hearing the motion to
3-25 stay issuance. If any exceptions are sustained by the court, the
3-26 movant shall be given an opportunity to replead and shall continue
3-27 the hearing to a date certain without the requirement of additional
4-1 service.
4-2 SECTION 4. Subsection (a), Section 14.45, Family Code, is
4-3 amended to read as follows:
4-4 (a) Issuance and Delivery. No sooner than 20 days following
4-5 the mailing of a notice of delinquency to the obligor by first
4-6 class mail or 11 days after receipt of a notice of delinquency by
4-7 the obligor by hand delivery or certified mail, if no motion to
4-8 stay issuance of the writ has been filed, the attorney who filed
4-9 the notice of delinquency shall file a request with the clerk of
4-10 court to issue a writ of income withholding. The writ shall be
4-11 issued by the clerk and delivered by certified mail, return receipt
4-12 requested, to the employer of the obligor to the person authorized
4-13 to receive service of process in civil cases generally, or to a
4-14 person designated by the employer to receive writs of withholding
4-15 by written notice to the clerk of the appropriate court, or by the
4-16 service of citation as provided by the Texas Rules of Civil
4-17 Procedure. After the effective date, the amount to be withheld
4-18 shall be remitted to the person or office named in the writ on each
4-19 pay date and shall include with such payment the date on which
4-20 withholding occurred. The writ shall be issued and mailed by the
4-21 clerk not later than the second working day after the request is
4-22 filed.
4-23 SECTION 5. This Act takes effect September 1, 1993.
4-24 SECTION 6. The importance of this legislation and the
4-25 crowded condition of the calendars in both houses create an
4-26 emergency and an imperative public necessity that the
4-27 constitutional rule requiring bills to be read on three several
5-1 days in each house be suspended, and this rule is hereby suspended.