1-1 By: Henderson S.B. No. 858
1-2 (In the Senate - Filed March 11, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 20, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 4, Nays 0; April 20, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Henderson x
1-10 Harris of Tarrant x
1-11 Brown x
1-12 Harris of Dallas x
1-13 Luna x
1-14 Parker x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 858 By: Henderson
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the payment of child support to local registries and
1-20 the Title IV-D registry for the collection of court-ordered child
1-21 support and income withholding for child support, and to
1-22 retroactive child support.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 14.062, Family Code, is amended to read
1-25 as follows:
1-26 Sec. 14.062. RETROACTIVE CHILD SUPPORT IN TITLE IV-D CASES
1-27 <REIMBURSEMENT FOR PUBLIC ASSISTANCE>. (a) This section applies
1-28 to a suit affecting the parent-child relationship, including a suit
1-29 to establish paternity, brought under Chapter 76, Human Resources
1-30 Code, or Part D of Title IV, of the federal Social Security Act (42
1-31 U.S.C. Section 651 et seq.) <The court may order either or both
1-32 parents to make periodic payments or a lump sum payment as child
1-33 support, or both, as reimbursement for public assistance paid by
1-34 the state for the support of a child under Chapter 31, Human
1-35 Resources Code>.
1-36 (b) In a proceeding establishing a child support order, the
1-37 court may order a parent to make periodic payments, a lump-sum
1-38 payment, or both, as retroactive child support.
1-39 (c) Unless the state is a party to an agreement concerning
1-40 support or purporting to settle past, present, or future support
1-41 obligations by prepayment or otherwise, an agreement between the
1-42 parties does not reduce or terminate any right of this state or any
1-43 other state to recover retroactive support <for public assistance
1-44 provided>.
1-45 (d) In proceedings in which retroactive support is sought
1-46 under this section, the court shall use the child support
1-47 guidelines provided by Section 14.053 of this code.
1-48 SECTION 2. Subsection (h), Sections 14.43, Family Code, is
1-49 amended to read as follows:
1-50 (h) Notice and Effective Date of Order. The employer shall
1-51 begin to withhold income in accordance with an order issued under
1-52 this section or a writ issued under Section 14.45 of this code no
1-53 later than the first pay period <which occurs 14 days> following
1-54 the date on which the order or writ was delivered to the employer
1-55 and shall continue to withhold income as long as the obligor is
1-56 employed by the employer. An order issued under this section or a
1-57 writ issued under Section 14.45 of this code that is delivered to
1-58 an employer that does business in this state is binding upon the
1-59 employer without regard to whether the obligor resides or works
1-60 outside of the state. Delivery of the order or writ to the
1-61 employer shall be by certified or registered mail, return receipt
1-62 requested, to the person authorized to receive service of process
1-63 in civil cases generally, or to a person designated by the employer
1-64 to receive notices of delinquency by written notice to the clerk of
1-65 the appropriate court, or by the service of citation as provided by
1-66 the Texas Rules of Civil Procedure. After the effective date, the
1-67 amount to be withheld shall be remitted to the person or office
1-68 named in the order on each <regular due date or> pay date and shall
2-1 include with such payment the date on which withholding occurred.
2-2 SECTION 3. Subsection (d), Section 14.44, Family Code, is
2-3 amended to read as follows:
2-4 (d) Hearing on Contested Delinquency. On filing of a motion
2-5 to stay issuance, the clerk shall notify the attorney who filed the
2-6 notice of delinquency and the court that such motion has been
2-7 filed. A <When a motion to stay issuance and delivery has been
2-8 filed, a> hearing on the motion must be held within 30 days of its
2-9 filing. The obligor, <and> obligee, or their authorized
2-10 representatives, and the attorney who filed the notice of
2-11 delinquency must be notified by the clerk of the court of the date,
2-12 time, and place of the hearing. The court must decide the
2-13 contested delinquency and either enter an order for income
2-14 withholding pursuant to Section 14.43 of this code or deny the
2-15 requested relief within 45 days of the date that the notice of
2-16 delinquency was received by the obligor. If movant is pleading
2-17 repeated violations of the court order, it is permissible to plead
2-18 anticipated future violations of a similar nature that may arise
2-19 between the filing of the motion or the notice of delinquency and
2-20 the date of the hearing or the issuance of a writ of withholding
2-21 from earnings for child support. Any defect in pleadings will be
2-22 considered waived unless respondent specially excepts in writing
2-23 and cites with particularity the alleged defect, obscurity, or
2-24 other ambiguity in the motion for enforcement. Any such defensive
2-25 pleading must be heard by the court before hearing the motion to
2-26 stay issuance. If any exceptions are sustained by the court, the
2-27 movant shall be given an opportunity to replead and shall continue
2-28 the hearing to a date certain without the requirement of additional
2-29 service.
2-30 SECTION 4. Subsection (a), Section 14.45, Family Code, is
2-31 amended to read as follows:
2-32 (a) Issuance and Delivery. No sooner than 20 days following
2-33 the mailing of a notice of delinquency to the obligor by first
2-34 class mail or 11 days after receipt of a notice of delinquency by
2-35 the obligor by hand delivery or certified mail, if no motion to
2-36 stay issuance of the writ has been filed, the attorney who filed
2-37 the notice of delinquency shall file a request with the clerk of
2-38 court to issue a writ of income withholding. The writ shall be
2-39 issued by the clerk and delivered by certified mail, return receipt
2-40 requested, to the employer of the obligor to the person authorized
2-41 to receive service of process in civil cases generally, or to a
2-42 person designated by the employer to receive writs of withholding
2-43 by written notice to the clerk of the appropriate court, or by the
2-44 service of citation as provided by the Texas Rules of Civil
2-45 Procedure. After the effective date, the amount to be withheld
2-46 shall be remitted to the person or office named in the writ on each
2-47 pay date and shall include with such payment the date on which
2-48 withholding occurred. The writ shall be issued and mailed by the
2-49 clerk not later than the second working day after the request is
2-50 filed.
2-51 SECTION 5. This Act takes effect September 1, 1993.
2-52 SECTION 6. The importance of this legislation and the
2-53 crowded condition of the calendars in both houses create an
2-54 emergency and an imperative public necessity that the
2-55 constitutional rule requiring bills to be read on three several
2-56 days in each house be suspended, and this rule is hereby suspended.
2-57 * * * * *
2-58 Austin,
2-59 Texas
2-60 April 20, 1993
2-61 Hon. Bob Bullock
2-62 President of the Senate
2-63 Sir:
2-64 We, your Committee on Jurisprudence to which was referred S.B. No.
2-65 858, have had the same under consideration, and I am instructed to
2-66 report it back to the Senate with the recommendation that it do not
2-67 pass, but that the Committee Substitute adopted in lieu thereof do
2-68 pass and be printed.
2-69 Henderson,
2-70 Chairman
3-1 * * * * *
3-2 WITNESSES
3-3 FOR AGAINST ON
3-4 ___________________________________________________________________
3-5 Name: Adrienne Nelson x
3-6 Representing: Tx Council on Fam. Violence
3-7 City: Austin
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3-9 Name: Howard Baldwin x
3-10 Representing: Attorney General
3-11 City: Austin
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3-13 Name: Sandy Kibby x
3-14 Representing: Texas PTA
3-15 City:
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