By: Henderson S.B. No. 858
73R5000 DAK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the payment of child support to local registries and
1-3 the Title IV-D registry for the collection of court-ordered child
1-4 support and income withholding for child support, and to
1-5 retroactive child support.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 11.01, Family Code, is amended by adding
1-8 Subdivision (11) to read as follows:
1-9 (11) "Local registry" means an agency or entity
1-10 operated under the authority of a district clerk, county
1-11 government, juvenile board, juvenile probation office, domestic
1-12 relations office, or other county agency or entity that serves a
1-13 county or a court that has jurisdiction under this title and that:
1-14 (A) receives child support payments;
1-15 (B) maintains records of child support payments;
1-16 (C) distributes child support payments as
1-17 required by law; and
1-18 (D) maintains custody of official child support
1-19 payment records.
1-20 SECTION 2. Subchapter D, Chapter 14, Family Code, is amended
1-21 by adding Section 14.8721 to read as follows:
1-22 Sec. 14.8721. TITLE IV-D REGISTRY. The attorney general
1-23 shall establish a registry for Title IV-D cases brought in this
1-24 state that shall:
2-1 (1) receive child support payments;
2-2 (2) maintain a record of child support paid and any
2-3 arrearages owed under each order;
2-4 (3) distribute child support payments received as
2-5 required by law; and
2-6 (4) maintain custody of official child support payment
2-7 records.
2-8 SECTION 3. Subchapter A, Chapter 14, Family Code, is amended
2-9 by adding Sections 14.0501-14.0504 to read as follows:
2-10 Sec. 14.0501. LOCAL REGISTRIES. (a) A local registry shall
2-11 receive child support payments ordered by a court or otherwise
2-12 authorized by law and shall forward the payments, as appropriate,
2-13 to the attorney general, a local domestic relations office, or the
2-14 obligee within two working days after the date the local registry
2-15 receives the payments.
2-16 (b) A local registry may not require an obligor, obligee, or
2-17 other party or entity to furnish a certified copy of a court order
2-18 as a condition of processing child support payments and shall
2-19 accept as sufficient authority to process the payments a photocopy,
2-20 facsimile copy, or conformed copy of the court's order.
2-21 (c) A local registry shall include with each payment it
2-22 forwards to the attorney general the date it received the payment
2-23 and the withholding date furnished by the employer.
2-24 Sec. 14.0502. PAYMENT OR TRANSFER OF CHILD SUPPORT PAYMENTS
2-25 BY ELECTRONIC FUNDS TRANSFER. (a) A child support payment may be
2-26 made by electronic funds transfer to the attorney general or to a
2-27 local registry if the registry agrees to accept electronic payment.
3-1 (b) A local registry may transmit child support payments to
3-2 the attorney general by electronic funds transfer if the attorney
3-3 general agrees to accept electronic payment.
3-4 Sec. 14.0503. DISPOSITION OF CHILD SUPPORT PAYMENTS. (a)
3-5 An order for child support rendered, modified, or enforced on or
3-6 after January 1, 1994, shall order that child support be paid
3-7 through a local registry or through the attorney general.
3-8 (b) In an action taken under Part D of Title IV of the
3-9 federal Social Security Act (42 U.S.C. Section 651 et seq.), the
3-10 court shall order that income withheld for child support be paid:
3-11 (1) to the attorney general through a local registry,
3-12 which shall forward the payment to the attorney general; or
3-13 (2) directly to the attorney general.
3-14 Sec. 14.0504. PRODUCTION OF CHILD SUPPORT PAYMENT RECORD.
3-15 The attorney general or a local registry may comply with a subpoena
3-16 or other order directing the production of a child support payment
3-17 record by sending a certified copy of the record to the court that
3-18 directed production of the record.
3-19 SECTION 4. Section 11.05(h), Family Code, is amended to read
3-20 as follows:
3-21 (h) During the transfer of a suit affecting the parent-child
3-22 relationship from a court with continuing jurisdiction, the
3-23 transferring court retains jurisdiction to enter temporary orders.
3-24 The jurisdiction of the transferring court terminates on the
3-25 docketing of the case in the transferee court. The transferring
3-26 court's local <child support> registry shall continue to receive,
3-27 record, and disburse child support payments to the payee until
4-1 receipt of notice that the transferred case has been docketed by
4-2 the transferee court. After receipt of notice of docketing, the
4-3 transferring court's local registry shall send a certified copy of
4-4 the child support payment record to the clerk of the transferee
4-5 court and shall forward any payments received to the transferee
4-6 court's local registry.
4-7 SECTION 5. Sections 11.06(j) and (m), Family Code, are
4-8 amended to read as follows:
4-9 (j) The court transferring a proceeding shall send to the
4-10 proper court in the county to which transfer is made the complete
4-11 files in all matters affecting the child, certified copies of all
4-12 entries in the minutes, a certified copy of any decree of
4-13 dissolution of marriage issued in a suit joined with the suit
4-14 affecting the parent-child relationship, and certified copies of
4-15 each order issued. The transferring court shall keep a copy of the
4-16 transferred files. If the transferring court retains jurisdiction
4-17 of another child who was the subject of the suit, the court shall
4-18 send a copy of the complete files to the court to which the
4-19 transfer is made and shall keep the original files. If an order
4-20 has been rendered or writ has been issued ordering payment of child
4-21 support to the local registry of the transferring court, that court
4-22 shall render an order that all future payments be made to the local
4-23 registry of the transferee court. The clerk of the transferring
4-24 court shall send a certified copy of the order directing payments
4-25 to the transferee court to any party or employer affected by that
4-26 order and to the local <child support> registry of the transferee
4-27 court.
5-1 (m) On receipt of the files, documents, and orders from the
5-2 transferring court, the clerk of the transferee court shall docket
5-3 the suit and shall notify all parties, the clerk of the
5-4 transferring court, and the transferring court's local registry
5-5 that the suit has been docketed.
5-6 SECTION 6. Section 14.311(c), Family Code, is amended to
5-7 read as follows:
5-8 (c) Payment Record. The movant may attach to the motion a
5-9 copy of a record of child support payments maintained by the
5-10 attorney general or a <state or> local <child support> registry.
5-11 If a payment record is attached, it constitutes a prima facie
5-12 showing of the facts asserted in the payment record, subject to the
5-13 right of the respondent to offer controverting evidence, and may be
5-14 admitted as evidence of the truth of payments made and not made as
5-15 shown by the payment record.
5-16 SECTION 7. Sections 14.43(c), (e), and (h), Family Code, are
5-17 amended to read as follows:
5-18 (c) Payment. The court shall order that income withheld for
5-19 child support be paid through and promptly distributed by a local
5-20 <court> registry<, a child support collection office,> or the
5-21 attorney general<, unless the court finds that there is good cause
5-22 to require payments to be made to another person or office>.
5-23 (e) Contents of Order. An order withholding income shall
5-24 state:
5-25 (1) the style, docket number, and court having
5-26 continuing jurisdiction of the suit;
5-27 (2) the name, address, and, if available, the social
6-1 security number of the obligor;
6-2 (3) the amount, including accrued interest, and
6-3 duration of the child support payments;
6-4 (4) the name, address, and, if available, the social
6-5 security numbers of the child and the obligee;
6-6 (5) the name and address of the person or agency to
6-7 whom the payments shall be made; and
6-8 (6) any other matter deemed necessary to effectuate
6-9 the order.
6-10 The court shall order the obligor to notify the court
6-11 promptly of any change affecting the order and that the ordered
6-12 amount be paid to a local registry or the attorney general<, the
6-13 court registry, or a child support collection office serving the
6-14 court, unless the court finds there is good cause to require that
6-15 payments be made directly to the obligee or to another person or
6-16 office>.
6-17 (h) Notice and Effective Date of Order. The employer shall
6-18 begin to withhold income in accordance with an order issued under
6-19 this section or a writ issued under Section 14.45 of this code no
6-20 later than the first pay period which occurs 14 days following the
6-21 date on which the order or writ was delivered to the employer and
6-22 shall continue to withhold income as long as the obligor is
6-23 employed by the employer. An order issued under this section or a
6-24 writ issued under Section 14.45 of this code that is delivered to
6-25 an employer that does business in this state is binding on the
6-26 employer without regard to whether the obligor resides or works
6-27 outside the state. Delivery of the order or writ to the employer
7-1 shall be by certified or registered mail, return receipt requested,
7-2 to the person authorized to receive service of process in civil
7-3 cases generally, or to a person designated by the employer to
7-4 receive notices of delinquency by written notice to the clerk of
7-5 the appropriate court, or by the service of citation as provided by
7-6 the Texas Rules of Civil Procedure. After the effective date, the
7-7 amount to be withheld shall be remitted to the person or office
7-8 named in the order on each <regular due date or> pay date. The
7-9 payment shall include the date on which the withholding occurred.
7-10 SECTION 8. Section 14.44(d), Family Code, is amended to read
7-11 as follows:
7-12 (d) Hearing on Contested Delinquency. On filing of a motion
7-13 to stay issuance, the clerk of court shall notify the attorney who
7-14 filed the notice of delinquency and the court that the motion has
7-15 been filed. A <When a motion to stay issuance and delivery has
7-16 been filed, a> hearing on the motion must be held within 30 days of
7-17 its filing. The obligor, <and> obligee, or their authorized
7-18 representatives, and the attorney who filed the notice of
7-19 delinquency must be notified by the clerk of court of the date,
7-20 time, and place of the hearing. The court must decide the
7-21 contested delinquency and either enter an order for income
7-22 withholding pursuant to Section 14.43 of this code or deny the
7-23 requested relief within 45 days of the date that the notice of
7-24 delinquency was received by the obligor. If movant is pleading
7-25 repeated violations of the court order, it is permissible to plead
7-26 anticipated future violations of a similar nature that may arise
7-27 between the filing of the motion or the notice of delinquency and
8-1 the date of the hearing or the issuance of a writ of withholding
8-2 from earnings for child support. Any defect in pleadings will be
8-3 considered waived unless respondent specially excepts in writing
8-4 and cites with particularity the alleged defect, obscurity, or
8-5 other ambiguity in the motion for enforcement. Any such defensive
8-6 pleading must be heard by the court before hearing the motion to
8-7 stay issuance. If any exceptions are sustained by the court, the
8-8 movant shall be given an opportunity to replead and shall continue
8-9 the hearing to a date certain without the requirement of additional
8-10 service.
8-11 SECTION 9. Section 14.68(a), Family Code, is amended to read
8-12 as follows:
8-13 (a) The order withholding income shall direct payment to be
8-14 made to the attorney general, either directly or through a local
8-15 registry. The attorney general <who> shall promptly transmit the
8-16 payments to the agency or person designated to receive them.
8-17 SECTION 10. Section 14.93, Family Code, is amended to read
8-18 as follows:
8-19 Sec. 14.93. Duty of Local Offices and Officials to Report.
8-20 A local domestic relations office, a local registry <child support
8-21 collection office>, or a court official designated to receive child
8-22 support under a court order shall report to the court or a friend
8-23 of the court on a monthly basis:
8-24 (1) any delinquency and arrearage in child support
8-25 payments; and
8-26 (2) any violation of a court order relating to
8-27 possession of or access to a child.
9-1 SECTION 11. Section 14.971(b), Family Code, is amended to
9-2 read as follows:
9-3 (b) The lien exists in favor of:
9-4 (1) the obligee or a private attorney representing the
9-5 obligee;
9-6 (2) the attorney general in providing child support
9-7 services pursuant to Chapter 76, Human Resources Code, and Part D
9-8 of Title IV of the federal Social Security Act (42 U.S.C. Section
9-9 651 et seq.);
9-10 (3) a local <domestic relations office, including a
9-11 court> registry<, that has the duty to enforce or collect and
9-12 distribute child support payments>; and
9-13 (4) an attorney appointed a friend of the court under
9-14 Section 14.91 of this code.
9-15 SECTION 12. Section 14.053, Family Code, is amended by
9-16 adding Subsection (l) to read as follows:
9-17 (l) Retroactive Child Support. The guidelines for the
9-18 support of a child in this chapter shall exclusively guide a court
9-19 in determining the amount of retroactive child support, if any, to
9-20 order under this title. In applying the guidelines, the court
9-21 shall attempt to determine the net resources of the obligor for the
9-22 period for which the court is ordering retroactive child support.
9-23 If, because of insufficient evidence, the court is unable to make
9-24 this determination, the court shall apply the guidelines using the
9-25 obligor's current net resources.
9-26 SECTION 13. Section 14.062, Family Code, is amended to read
9-27 as follows:
10-1 Sec. 14.062. RETROACTIVE CHILD SUPPORT <REIMBURSEMENT FOR
10-2 PUBLIC ASSISTANCE>. (a) This section applies to a suit affecting
10-3 the parent-child relationship, including a suit to establish
10-4 paternity, brought under Chapter 76, Human Resources Code, or Part
10-5 D of Title IV of the federal Social Security Act (42 U.S.C. Section
10-6 651 et seq.) <The court may order either or both parents to make
10-7 periodic payments or a lump-sum payment as child support, or both,
10-8 as reimbursement for public assistance paid by the state for the
10-9 support of a child under Chapter 31, Human Resources Code>.
10-10 (b) In a proceeding involving a child for whom the state has
10-11 paid public assistance, the court shall order a parent who has not
10-12 been the recipient of the public assistance to make periodic
10-13 payments, a lump-sum payment, or both, as retroactive child support
10-14 <Unless the state is a party to an agreement concerning support or
10-15 purporting to settle past, present, or future support obligations
10-16 by prepayment or otherwise, an agreement between the parties does
10-17 not reduce or terminate any right of this state or any other state
10-18 to recover for public assistance provided>.
10-19 (c) In a proceeding that does not involve a child for whom
10-20 the state has paid public assistance, the court may order a parent
10-21 to make periodic payments, a lump-sum payment, or both, as
10-22 retroactive child support.
10-23 (d) In a proceeding in which retroactive child support is
10-24 sought under this section, the court shall use the child support
10-25 guidelines provided by Section 14.053 of this code.
10-26 SECTION 14. This Act takes effect January 1, 1994.
10-27 SECTION 15. The importance of this legislation and the
11-1 crowded condition of the calendars in both houses create an
11-2 emergency and an imperative public necessity that the
11-3 constitutional rule requiring bills to be read on three several
11-4 days in each house be suspended, and this rule is hereby suspended.