By: Zaffirini S.B. No. 29
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the implementation of the child support enforcement
1-2 provisions of Title III of the federal Personal Responsibility and
1-3 Work Opportunity Reconciliation Act of 1996; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 101.011, Family Code, is amended to read
1-6 as follows:
1-7 Sec. 101.011. EARNINGS. "Earnings" means a payment to or
1-8 due an individual, regardless of source and how [compensation paid
1-9 or payable for personal services, whether] denominated. The term
1-10 includes a periodic or lump-sum payment for:
1-11 (1) [as] wages, salary, compensation received as an
1-12 independent contractor, overtime pay, severance pay, commission,
1-13 bonus, and interest income;
1-14 (2) [or otherwise. The term includes periodic]
1-15 payments made under [pursuant to] a pension, an annuity, workers'
1-16 compensation, and a disability or [and] retirement program;[,] and
1-17 (3) unemployment benefits.
1-18 SECTION 2. Section 101.012, Family Code, is amended to read
1-19 as follows:
1-20 Sec. 101.012. EMPLOYER. "Employer" means a person,
1-21 corporation, partnership, workers' compensation insurance carrier,
1-22 governmental entity, [and] the United States, or any other entity
1-23 that pays or owes earnings to an individual. The term [and]
2-1 includes, for the purposes of enrolling dependents in a group
2-2 health insurance plan, a union, trade association, or other similar
2-3 organization.
2-4 SECTION 3. Section 101.020, Family Code, is amended to read
2-5 as follows:
2-6 Sec. 101.020. MEDICAL SUPPORT. "Medical support" means
2-7 periodic payments or a lump-sum payment made under an [a court]
2-8 order to cover medical expenses, including health insurance
2-9 coverage, incurred for the benefit of a child.
2-10 SECTION 4. Section 101.034, Family Code, is amended to read
2-11 as follows:
2-12 Sec. 101.034. TITLE IV-D CASE. "Title IV-D case" means an
2-13 action in which services are provided by the Title IV-D agency [to
2-14 establish or enforce support obligations filed] under Part D, Title
2-15 IV, of the federal Social Security Act (42 U.S.C. Section 651 et
2-16 seq.), relating to the location of an absent parent, determination
2-17 of parentage, or establishment, modification, or enforcement of a
2-18 child support or medical support obligation.
2-19 SECTION 5. Chapter 101, Family Code, is amended by adding
2-20 Sections 101.0011, 101.0161, 101.0201, and 101.0301 to read as
2-21 follows:
2-22 Sec. 101.0011. ADMINISTRATIVE WRIT OF WITHHOLDING.
2-23 "Administrative writ of withholding" means the document issued by
2-24 the Title IV-D agency and delivered to an employer directing that
2-25 earnings be withheld for payment of child support as provided by
3-1 Chapter 158.
3-2 Sec. 101.0161. JUDICIAL WRIT OF WITHHOLDING. "Judicial writ
3-3 of withholding" means the document issued by the clerk of a court
3-4 and delivered to an employer directing that earnings be withheld
3-5 for payment of child support as provided by Chapter 158.
3-6 Sec. 101.0201. NOTICE OF APPLICATION FOR JUDICIAL WRIT OF
3-7 WITHHOLDING. "Notice of application for judicial writ of
3-8 withholding" means the document delivered to an obligor and filed
3-9 with the court as required by Chapter 158 for the nonjudicial
3-10 determination of arrears and initiation of withholding.
3-11 Sec. 101.0301. STATE CASE REGISTRY. "State case registry"
3-12 means the registry established and operated by the Title IV-D
3-13 agency under 42 U.S.C. Section 654a that has responsibility for
3-14 maintaining records with respect to child support orders in all
3-15 Title IV-D cases and in all other cases in which a support order is
3-16 rendered or modified under this title on or after October 1, 1998.
3-17 SECTION 6. Section 105.006, Family Code, is amended by
3-18 amending Subsections (b), (c), (e), and (g) and adding Subsection
3-19 (f) to read as follows:
3-20 (b) Except as provided by Subsection (c), the court shall
3-21 order each party to inform each other party, the court that
3-22 rendered the order, and the state case registry under Chapter 234
3-23 of an intended change in any of the information required by this
3-24 section as long as any person, as a result of the order, is under
3-25 an obligation to pay child support or is entitled to possession of
4-1 or access to a child. The court shall order that notice of the
4-2 intended change be given at the earlier of:
4-3 (1) the 60th day before the date the party intends to
4-4 make the change; or
4-5 (2) the fifth day after the date that the party knew
4-6 of the change, if the party did not know or could not have known of
4-7 the change in sufficient time to comply with Subdivision (1).
4-8 (c) If a court finds after notice and hearing that requiring
4-9 a party to provide the information required by this section to
4-10 another party is likely to cause the child or a conservator
4-11 harassment, abuse, serious harm, or injury, the court may:
4-12 (1) order the information not to be disclosed to
4-13 another party; or
4-14 (2) render any other order the court considers
4-15 necessary.
4-16 (e) Except as provided by Subsection (c), an order in a suit
4-17 that orders child support or possession of or access to a child
4-18 must also contain the following notice [order] in bold-faced type
4-19 or in capital letters:
4-20 "EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO
4-21 NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY
4-22 [WITHIN 10 DAYS AFTER THE DATE] OF ANY CHANGE IN THE PARTY'S
4-23 CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER,
4-24 NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT, DRIVER'S LICENSE NUMBER,
4-25 AND WORK TELEPHONE NUMBER. THE PARTY IS ORDERED TO GIVE NOTICE OF
5-1 AN INTENDED CHANGE IN ANY OF THE REQUIRED INFORMATION TO EACH OTHER
5-2 PARTY, THE COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 60TH
5-3 DAY BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR
5-4 COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO PROVIDE
5-5 60-DAY NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON
5-6 OR BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE
5-7 CHANGE.
5-8 "THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY,
5-9 THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY
5-10 PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY
5-11 CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
5-12 "FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO
5-13 PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY
5-14 WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER
5-15 LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A
5-16 FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP
5-17 TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY
5-18 JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS."
5-19 (f) Except for an action in which contempt is sought, in any
5-20 subsequent child support enforcement action, the court may, on a
5-21 showing that diligent effort has been made to determine the
5-22 location of a party, consider due process requirements for notice
5-23 and service of process to be met with respect to that party on
5-24 delivery of written notice to the most recent residential or
5-25 employer address filed by that party with the court and the state
6-1 case registry.
6-2 (g) The Title IV-D agency shall promulgate and provide forms
6-3 for a party to use in reporting to the court and, when established,
6-4 to the state case registry under Chapter 234 the information
6-5 required under this section [Notwithstanding another provision of
6-6 this section, a court in a county with a population of 2.8 million
6-7 or more shall order each party to inform the clerk of the court of
6-8 a change in information required by this section in the manner
6-9 provided by Subsection (b). The order required by Subsection (e)
6-10 shall reflect the notification requirement of this subsection].
6-11 SECTION 7. Chapter 105, Family Code, is amended by adding
6-12 Section 105.008 to read as follows:
6-13 Sec. 105.008. RECORD OF SUPPORT ORDER FOR STATE CASE
6-14 REGISTRY. (a) The clerk of the court shall provide the state case
6-15 registry with a record of a court order for child support as
6-16 required by procedures adopted under Section 234.003. The record
6-17 of an order shall include information provided by the parties on a
6-18 form developed by the Title IV-D agency. The form shall be
6-19 completed by the petitioner and submitted to the clerk at the time
6-20 the order is filed for record.
6-21 (b) To the extent federal funds are available, the Title
6-22 IV-D agency shall reimburse the clerk of the court for the costs
6-23 incurred in providing the record of support order required under
6-24 this section.
6-25 SECTION 8. Subsection (a), Section 110.002, Family Code, is
7-1 amended to read as follows:
7-2 (a) The clerk of the court may collect a filing fee of $15
7-3 in a suit for filing:
7-4 (1) a suit for modification;
7-5 (2) a motion for enforcement;
7-6 (3) a notice of application for judicial writ of
7-7 withholding [delinquency]; or
7-8 (4) a motion to transfer.
7-9 SECTION 9. Section 110.004, Family Code, is amended to read
7-10 as follows:
7-11 Sec. 110.004. FEE FOR ISSUING AND DELIVERING WITHHOLDING
7-12 ORDER OR WRIT. The clerk of the court may charge a reasonable fee,
7-13 not to exceed $15, for each order or writ of income withholding
7-14 issued by the clerk and delivered to an employer [by mail].
7-15 SECTION 10. Subsection (a), Section 154.007, Family Code, is
7-16 amended to read as follows:
7-17 (a) In [Except for good cause shown, or on agreement of the
7-18 parties, in] a proceeding in which periodic payments of child
7-19 support are ordered, modified, or enforced, the court or Title IV-D
7-20 agency shall order that income be withheld from the disposable
7-21 earnings of the obligor as provided by Chapter 158.
7-22 SECTION 11. Subsection (b), Section 154.184, Family Code, is
7-23 amended to read as follows:
7-24 (b) If the employee or member is eligible for dependent
7-25 health coverage, the employer [The child] shall [be] automatically
8-1 enroll the child [enrolled] for the first 31 days after the receipt
8-2 of the order or notice of the medical support order under Section
8-3 154.186 [by the employer] on the same terms and conditions as apply
8-4 to any other dependent child.
8-5 SECTION 12. Section 154.186, Family Code, is amended to read
8-6 as follows:
8-7 Sec. 154.186. NOTICE TO EMPLOYER CONCERNING MEDICAL SUPPORT.
8-8 The obligee, obligor, or a child support agency may send to the
8-9 employer a copy of the order requiring an employee to provide
8-10 health insurance coverage for a child or may include notice of the
8-11 medical support order in an order or writ of withholding sent to
8-12 the employer in accordance with Chapter 158.
8-13 SECTION 13. Subsections (a), (c), and (d), Section 154.187,
8-14 Family Code, are amended to read as follows:
8-15 (a) An order or notice under this subchapter to an employer
8-16 directing that health insurance coverage be provided to a child of
8-17 an employee or member is binding on a current or subsequent [the]
8-18 employer on receipt without regard to the date the order was
8-19 rendered. If the employee or member is eligible for dependent
8-20 health coverage for the child, the employer shall immediately
8-21 enroll the child in a health insurance plan regardless of whether
8-22 the employee is enrolled in the plan. If dependent coverage is not
8-23 available to the employee or member through the employer's health
8-24 insurance plan or enrollment cannot be made permanent or if the
8-25 employer is not responsible or otherwise liable for providing such
9-1 coverage, the employer shall provide notice to the sender in
9-2 accordance with Subsection (c).
9-3 (c) An employer who has received an order or notice under
9-4 this subchapter shall provide to the sender, by first class mail
9-5 not later than the 30th day after the date the employer receives
9-6 the order or notice, a statement that the child:
9-7 (1) has been enrolled in a health insurance plan; or
9-8 (2) cannot be enrolled or cannot be enrolled
9-9 permanently in a health insurance plan and provide the reason why
9-10 coverage or permanent coverage cannot be provided.
9-11 (d) If the employee ceases employment or if the health
9-12 insurance coverage lapses, the employer shall provide to the
9-13 sender, by first class mail not later than the 15th day after the
9-14 date of the termination of employment or the lapse of the coverage,
9-15 notice of the termination or lapse and of the availability of any
9-16 conversion privileges[, if any].
9-17 SECTION 14. Section 154.189, Family Code, is amended to read
9-18 as follows:
9-19 Sec. 154.189. NOTICE OF TERMINATION OR LAPSE OF INSURANCE
9-20 COVERAGE. (a) An obligor ordered to provide health insurance
9-21 coverage for a child must notify the obligee and any child support
9-22 agency enforcing a support obligation against the obligor of the:
9-23 (1) termination or lapse of health insurance coverage
9-24 for the child not later than the 15th day after the date of a
9-25 termination or lapse; and
10-1 (2) availability of additional health insurance to the
10-2 obligor for the child after a termination or lapse of coverage not
10-3 later than the 15th day after the date the insurance becomes
10-4 available.
10-5 (b) If termination of coverage results from a change of
10-6 employers, the obligor, the obligee, or the child support agency
10-7 may send the new employer a copy of the order requiring the
10-8 employee to provide health insurance for a child or notice of the
10-9 medical support order as provided by this subchapter.
10-10 SECTION 15. Subchapter D, Chapter 154, Family Code, is
10-11 amended by adding Section 154.193 to read as follows:
10-12 Sec. 154.193. MEDICAL SUPPORT ORDER NOT QUALIFIED. (a) If
10-13 a plan administrator or other person acting in an equivalent
10-14 position determines that a medical support order issued under this
10-15 subchapter does not qualify for enforcement under federal law, the
10-16 tribunal may, on its own motion or the motion of a party, render an
10-17 order that qualifies for enforcement under federal law.
10-18 (b) The procedure for filing a motion for enforcement of a
10-19 final order applies to a motion under this section. Service of
10-20 citation is not required, and a person is not entitled to a jury in
10-21 a proceeding under this section.
10-22 (c) The employer or plan administrator is not a necessary
10-23 party to a proceeding under this section.
10-24 SECTION 16. Subsection (a), Section 156.401, Family Code, is
10-25 amended to read as follows:
11-1 (a) Except as provided by Subsection (b), the court may
11-2 modify an order that provides for the support of a child if:
11-3 (1) the circumstances of the child or a person
11-4 affected by the order have materially and substantially changed
11-5 since the date of the order's rendition; or
11-6 (2) it has been three years since the order was
11-7 rendered or last modified and the monthly amount of the child
11-8 support award under the order differs by either 20 percent or $100
11-9 from the amount that would be awarded in accordance with the child
11-10 support guidelines.
11-11 SECTION 17. Subsection (b), Section 157.002, Family Code, is
11-12 amended to read as follows:
11-13 (b) A motion for enforcement of child support:
11-14 (1) must include the amount owed as provided in the
11-15 order, the amount paid, and the amount of arrearages;
11-16 (2) if contempt is requested, must include the portion
11-17 of the order allegedly violated and, for each date of alleged
11-18 contempt, the amount due and the amount paid, if any; [and]
11-19 (3) may include as an attachment a copy of a record of
11-20 child support payments maintained by the Title IV-D registry or a
11-21 local registry; and
11-22 (4) if the obligor owes arrearages for a child
11-23 receiving assistance under Part A of Title IV of the federal Social
11-24 Security Act (42 U.S.C. Section 601 et seq.), may include a request
11-25 that:
12-1 (A) the obligor pay the arrearages in accordance
12-2 with a plan approved by the court; or
12-3 (B) if the obligor is already subject to a plan
12-4 and is not incapacitated, the obligor participate in work
12-5 activities, as defined under 42 U.S.C. Section 607(d), that the
12-6 court determines appropriate.
12-7 SECTION 18. Subsection (a), Section 157.065, Family Code, is
12-8 amended to read as follows:
12-9 (a) If a party has been ordered under Chapter 105 to provide
12-10 the [clerk of the] court and the state case registry with the
12-11 party's current mailing address, notice of a motion for enforcement
12-12 may be served by mailing a copy of the notice to the respondent,
12-13 together with a copy of the motion, by first class mail to the last
12-14 mailing address of the respondent on file with the court and the
12-15 registry [clerk].
12-16 SECTION 19. Section 157.311, Family Code, is amended to read
12-17 as follows:
12-18 Sec. 157.311. DEFINITIONS. In this subchapter:
12-19 (1) "Claimant" means:
12-20 (A) the obligee or a private attorney
12-21 representing the obligee;
12-22 (B) the Title IV-D agency providing child
12-23 support services;
12-24 (C) a domestic relations office or local
12-25 registry; or
13-1 (D) an attorney appointed as a friend of the
13-2 court.
13-3 (2) "Court having continuing jurisdiction" is the
13-4 court of continuing, exclusive jurisdiction in this state or a
13-5 tribunal of another state having jurisdiction under the Uniform
13-6 Interstate Family Support Act or a substantially similar act.
13-7 (3) "Lien" means a child support lien.
13-8 SECTION 20. Section 157.312, Family Code, is amended by
13-9 adding Subsections (d), (e), and (f) to read as follows:
13-10 (d) A child support lien arises:
13-11 (1) by operation of law against real and personal
13-12 property of an obligor for all amounts of overdue support,
13-13 regardless of whether the amounts have been adjudicated or
13-14 otherwise determined, subject to the requirements of this
13-15 subchapter for recording and notice; or
13-16 (2) when a court having continuing jurisdiction or, in
13-17 a Title IV-D case, the Title IV-D agency determines an amount of
13-18 arrears owed by a child support obligor.
13-19 (e) A child support lien arising in another state may be
13-20 enforced in the same manner and to the same extent as a lien
13-21 arising in this state.
13-22 (f) A foreclosure action under this subchapter is not
13-23 required as a prerequisite to levy and execution on a judgment or
13-24 an administrative determination of arrears rendered after notice
13-25 and opportunity for hearing.
14-1 SECTION 21. Subsection (a), Section 157.313, Family Code, is
14-2 amended to read as follows:
14-3 (a) A child support lien notice must contain:
14-4 (1) the style, docket number, and identity of the
14-5 tribunal of this or another state [court] having continuing
14-6 jurisdiction of the child support action;
14-7 (2) the name, address, and, if available, the birth
14-8 date, driver's license number, and social security number of the
14-9 obligor;
14-10 (3) the name and social security number, if available,
14-11 of the obligee and the child;
14-12 (4) the amount of child support arrearages owed by the
14-13 obligor and the date of the signing [rendition] of the court order,
14-14 administrative order, or [issuance of the] writ that determined the
14-15 arrearages or the date and manner in which the arrearages were
14-16 determined;
14-17 (5) the rate of interest specified in the court order,
14-18 administrative order, or writ or, in the absence of a specified
14-19 interest rate, the rate provided for by law [Subchapter F]; and
14-20 (6) the name and address of the person or agency
14-21 asserting the lien [to whom the payment of the child support
14-22 arrearages shall be made].
14-23 SECTION 22. Section 157.314, Family Code, is amended to read
14-24 as follows:
14-25 Sec. 157.314. FILING LIEN NOTICE OR ABSTRACT OF JUDGMENT.
15-1 (a) A child support lien notice or an abstract of judgment for
15-2 past due child support may be filed by the claimant with the county
15-3 clerk of:
15-4 (1) [the county clerk of] any county in which the
15-5 obligor is believed to own nonexempt real or personal property;
15-6 (2) [or in] the county in which the obligor resides;
15-7 or
15-8 (3) the county in which the court having continuing
15-9 jurisdiction has venue of the suit affecting the parent-child
15-10 relationship.
15-11 (b) A child support lien notice may be filed with:
15-12 (1) [(2)] the clerk of the court in which a claim,
15-13 counterclaim, or suit by, or on behalf of, the obligor, including a
15-14 claim or potential right to proceeds from an estate as an heir,
15-15 beneficiary, or creditor, is pending, provided that a copy of the
15-16 lien is mailed to the attorney of record for the obligor, if any;
15-17 [or]
15-18 (2) [(3)] an attorney who represents the obligor in a
15-19 claim or counterclaim that has not been filed with a court;
15-20 (3) any other individual or organization believed to
15-21 be in possession of real or personal property of the obligor; or
15-22 (4) any governmental unit or agency that issues or
15-23 records certificates, titles, or other indicia of property
15-24 ownership.
15-25 SECTION 23. Section 157.316, Family Code, is amended to read
16-1 as follows:
16-2 Sec. 157.316. PERFECTION OF CHILD SUPPORT LIEN. A child
16-3 support lien is perfected [attaches] when an abstract of judgment
16-4 for past due child support or a child support lien notice is filed
16-5 with the county clerk as provided by this subchapter.
16-6 SECTION 24. Subsection (a), Section 157.317, Family Code, is
16-7 amended to read as follows:
16-8 (a) A lien attaches to all real and personal property not
16-9 exempt under the Texas Constitution, including a claim for
16-10 negligence, personal injury, or workers' compensation, or an
16-11 insurance award for the claim, owned by the obligor on or after the
16-12 date the lien notice or abstract of judgment is filed with the
16-13 county clerk of the county in which the property is located, with
16-14 the court clerk as to property or claims in litigation, or, as to
16-15 property of the obligor in the possession or control of a third
16-16 party, from the date the lien notice is filed with that party
16-17 [attaches].
16-18 SECTION 25. Section 157.318, Family Code, is amended to read
16-19 as follows:
16-20 Sec. 157.318. DURATION AND EFFECT OF CHILD SUPPORT LIEN.
16-21 (a) A lien is effective until all current support and child
16-22 support arrearages, including interest, have been paid or the lien
16-23 is otherwise released as provided by this subchapter [for 10 years
16-24 from the date the notice is recorded in the county clerk's office
16-25 in the county where the property of the obligor is located].
17-1 (b) The lien secures payment of all child support arrears
17-2 owed by the obligor under the underlying support order, including
17-3 arrearages that accrue after the administrative or judicial
17-4 determination of arrearages stated in the lien notice [may be
17-5 extended for an additional 10-year period by recording a lien
17-6 notice before the tenth anniversary of the date of the original
17-7 recording of the notice].
17-8 (c) The filing of a lien notice or abstract of judgment with
17-9 the county clerk is a record of the notice and has the same effect
17-10 as any other lien notice with respect to real property records.
17-11 SECTION 26. Section 157.319, Family Code, is amended to read
17-12 as follows:
17-13 Sec. 157.319. EFFECT OF LIEN NOTICE [ON PERSONAL PROPERTY].
17-14 (a) [The filing of a lien notice is a record of the notice.]
17-15 [(b)] If [a lien has been filed as provided in this
17-16 subchapter and] a person having notice of the lien possesses
17-17 nonexempt personal property of the obligor that may be subject to
17-18 the lien, the property may not be paid over, released, sold,
17-19 transferred, encumbered, or conveyed unless:
17-20 (1) a release of lien signed by the claimant is
17-21 delivered to the person in possession; or
17-22 (2) a court, after notice to the claimant and hearing,
17-23 has ordered the release of the lien because arrearages do not
17-24 exist.
17-25 (b) A person having notice of a child support lien who
18-1 violates this section may be joined as a party to a foreclosure
18-2 action under this chapter and is subject to the penalties provided
18-3 by this subchapter.
18-4 SECTION 27. Section 157.321, Family Code, is amended to read
18-5 as follows:
18-6 Sec. 157.321. DISCRETIONARY RELEASE OF LIEN. A claimant may
18-7 at any time release a lien on all or part of the property of the
18-8 obligor or return seized property, without liability, if assurance
18-9 of payment is considered adequate by the claimant or if the release
18-10 or return will facilitate the collection of the arrearages. The
18-11 release or return may not operate to prevent future action to
18-12 collect from the same or other property owned by the obligor.
18-13 SECTION 28. Subsections (a) and (b), Section 157.322, Family
18-14 Code, are amended to read as follows:
18-15 (a) On payment in full of the amount of child support due,
18-16 together with any costs and reasonable attorney's fees, the
18-17 claimant shall execute and deliver to the obligor or the obligor's
18-18 attorney a release of the child support lien.
18-19 (b) The release of lien is effective when filed with the
18-20 county clerk with whom the lien notice or abstract of judgment was
18-21 filed. A copy of the release of lien may be filed with any other
18-22 individual or organization that may have been served with a lien
18-23 notice under this subchapter [A child support lien release shall be
18-24 filed in the same manner as the notice of lien].
18-25 SECTION 29. Section 157.323, Family Code, is amended to read
19-1 as follows:
19-2 Sec. 157.323. FORECLOSURE OR SUIT TO DETERMINE ARREARAGES.
19-3 (a) In addition to any other remedy provided by law [When a lien
19-4 notice has been filed under this subchapter], an action to
19-5 foreclose a child support lien or to dispute the amount of
19-6 arrearages stated in the lien [on nonexempt real or personal
19-7 property] may be brought in the court of continuing jurisdiction
19-8 or, if there is no court of continuing jurisdiction in this state,
19-9 in the district court of the county in which the property is or was
19-10 located and the lien was filed.
19-11 (b) The procedures provided by Subchapter B apply to a
19-12 foreclosure action under this section, except that a person or
19-13 organization in possession of the property of the obligor may be
19-14 joined as an additional respondent.
19-15 (c) If [After notice to the obligor and the claimant, the
19-16 court shall conduct a hearing and, if] arrearages are owed by the
19-17 obligor, the court shall:
19-18 (1) render judgment against the obligor for the amount
19-19 due, plus costs and reasonable attorney's fees; [and]
19-20 (2) order any official authorized to levy execution to
19-21 satisfy the lien, costs, and attorney's fees by selling any
19-22 property on which a lien is established under this subchapter; or
19-23 (3) order an individual or organization in possession
19-24 of nonexempt personal property or cash owned by the obligor to
19-25 dispose of the property as the court may direct.
20-1 (d) For execution and sale [(c) In all sales contemplated]
20-2 under this section, publication of notice is necessary only for
20-3 three consecutive weeks in a newspaper published in the county
20-4 where the property is located or, if there is no newspaper in that
20-5 county, in the most convenient newspaper in circulation in the
20-6 county.
20-7 SECTION 30. Section 157.324, Family Code, is amended to read
20-8 as follows:
20-9 Sec. 157.324. LIABILITY FOR FAILURE TO COMPLY WITH ORDER OR
20-10 LIEN. A person who knowingly disposes of property subject to a
20-11 lien or who, after a foreclosure hearing, fails to surrender on
20-12 demand nonexempt personal property as directed by a court or
20-13 administrative order [seized] under this subchapter is liable to
20-14 the claimant in an amount equal to the arrearages for which the
20-15 foreclosure judgment was issued.
20-16 SECTION 31. Subsection (b), Section 157.325, Family Code, is
20-17 amended to read as follows:
20-18 (b) If the claimant refuses the request, the holder of the
20-19 personal property or the obligor may file suit under this
20-20 subchapter for an order determining the amount of arrearages and
20-21 discharging [petition the court of competent jurisdiction for
20-22 discharge of] excess personal property or money from the lien.
20-23 SECTION 32. Section 157.326, Family Code, is amended to read
20-24 as follows:
20-25 Sec. 157.326. INTEREST OF OBLIGOR'S SPOUSE. (a) A spouse
21-1 of an obligor may file an affidavit with the [a] court of
21-2 continuing [competent] jurisdiction or, if there is no court of
21-3 continuing jurisdiction in this state, in the district court of the
21-4 county in which the property is or was located and the lien was
21-5 filed requesting that the court determine the extent, if any, of
21-6 the spouse's interest in real or personal property that is subject
21-7 to:
21-8 (1) a lien perfected under this subchapter; or
21-9 (2) an action to foreclose under this subchapter.
21-10 (b) After notice to the obligor, obligor's spouse, [and] the
21-11 claimant, and the obligee, the court shall conduct a hearing and
21-12 determine the extent, if any, of the ownership interest in the
21-13 property held by the obligor's spouse. If the court finds that:
21-14 (1) the property is the separate property of the
21-15 obligor's spouse, the court shall order that the lien against the
21-16 property be released and that any action to foreclose on the
21-17 property be dismissed; or
21-18 (2) the property is jointly owned by the obligor and
21-19 the obligor's spouse, the court shall determine whether the sale of
21-20 the obligor's interest in the property would result in an
21-21 unreasonable hardship on the obligor's spouse or family and:
21-22 (A) if so, the court shall render an order that
21-23 the obligor's interest in the property not be sold and that the
21-24 lien against the property should be released; or
21-25 (B) if not, the court shall render an order
22-1 partitioning the property and directing that the property be sold
22-2 and the proceeds applied to the child support arrearages
22-3 [consistent with the provisions of this subchapter].
22-4 (c) In a proceeding under this section, [subsection in
22-5 which] the spouse claiming [of the obligor claims by affidavit] an
22-6 ownership interest in the property[, the claimant] has the burden
22-7 to prove the extent of that [the obligor's] ownership interest.
22-8 SECTION 33. Section 158.001, Family Code, is amended to read
22-9 as follows:
22-10 Sec. 158.001. INCOME WITHHOLDING; GENERAL RULE [IN ORIGINAL
22-11 SUIT]. In [Except for good cause shown or on agreement of the
22-12 parties, in] a proceeding in which periodic payments of child
22-13 support are ordered, [or] modified, or enforced, the court or the
22-14 Title IV-D agency shall order that income be withheld from the
22-15 disposable earnings of the obligor as provided by this chapter.
22-16 SECTION 34. Section 158.002, Family Code, is amended to read
22-17 as follows:
22-18 Sec. 158.002. SUSPENSION OF INCOME WITHHOLDING [IN
22-19 SUBSEQUENT ACTION]. Except in a Title IV-D case, the [The] court
22-20 may provide, for good cause shown or on agreement of the parties,
22-21 that the [shall] order withholding income need not be issued or
22-22 delivered to an employer until [withholding in a motion for
22-23 enforcement if the court finds that at the time of filing of the
22-24 motion]:
22-25 (1) the obligor has been in arrears for an amount due
23-1 for more than 30 days; [and]
23-2 (2) the amount of the arrearages is an amount equal to
23-3 or greater than the amount due for a one-month period; or
23-4 (3) any other violation of the child support order has
23-5 occurred.
23-6 SECTION 35. Section 158.006, Family Code, is amended to read
23-7 as follows:
23-8 Sec. 158.006. INCOME WITHHOLDING IN TITLE IV-D SUITS. In a
23-9 Title IV-D case, the court or the Title IV-D agency shall order
23-10 that income be withheld from the disposable earnings of the obligor
23-11 and may not suspend, stay, or delay issuance of the order or of a
23-12 judicial or administrative writ of withholding [and that all child
23-13 support payments be paid through a local registry or directly to
23-14 the Title IV-D agency].
23-15 SECTION 36. Section 158.009, Family Code, is amended to read
23-16 as follows:
23-17 Sec. 158.009. MAXIMUM AMOUNT WITHHELD FROM EARNINGS. An
23-18 order or writ of withholding shall direct that any employer of the
23-19 obligor withhold from the obligor's disposable earnings the amount
23-20 specified [in the order] up to a maximum amount of 50 percent of
23-21 the obligor's disposable earnings.
23-22 SECTION 37. Section 158.010, Family Code, is amended to read
23-23 as follows:
23-24 Sec. 158.010. ORDER OR WRIT BINDING ON EMPLOYER DOING
23-25 BUSINESS IN STATE. An order or writ of withholding issued under
24-1 this chapter and delivered to an employer doing business in this
24-2 state is binding on the employer without regard to whether the
24-3 obligor resides or works outside this state.
24-4 SECTION 38. Subsection (a), Section 158.011, Family Code, is
24-5 amended to read as follows:
24-6 (a) An obligor may file with the clerk of the court a
24-7 notarized or acknowledged request signed by the obligor and the
24-8 obligee for the issuance and delivery to the obligor's employer of
24-9 a writ of withholding. A notarized or acknowledged request may be
24-10 filed under this section regardless of whether a writ or order
24-11 [notice of delinquency] has been served on any party or of the
24-12 existence or amount of an arrearage.
24-13 SECTION 39. Section 158.102, Family Code, is amended to read
24-14 as follows:
24-15 Sec. 158.102. TIME LIMITATIONS. The court retains
24-16 jurisdiction to render an order that provides for income to be
24-17 withheld from the disposable earnings of the obligor until all
24-18 current support and child support arrearages, including interest,
24-19 have been paid [if the motion for income withholding is filed not
24-20 later than the fourth anniversary of the date:]
24-21 [(1) the child becomes an adult;]
24-22 [(2) the child support obligation terminates as
24-23 provided in the order or by operation of law; or]
24-24 [(3) an order of withholding was rendered or a writ of
24-25 withholding was issued and arrearages have not been fully
25-1 discharged].
25-2 SECTION 40. Section 158.103, Family Code, is amended to read
25-3 as follows:
25-4 Sec. 158.103. CONTENTS OF ORDER OF WITHHOLDING. An order of
25-5 withholding shall state:
25-6 (1) the style, cause number, and court having
25-7 continuing jurisdiction of the suit;
25-8 (2) the name, address, and, if available, the social
25-9 security number of the obligor;
25-10 (3) the amount and duration of the child support
25-11 payments and medical support payments or other provisions for
25-12 medical support;
25-13 (4) the name, address, and, if available, the social
25-14 security numbers of the child and the obligee;
25-15 (5) the name and address of the person or agency to
25-16 whom the payments shall be made;
25-17 (6) that the obligor is required to notify the court
25-18 promptly of any change affecting the order; and
25-19 (7) that the ordered amount shall be paid to a local
25-20 registry or the Title IV-D agency.
25-21 SECTION 41. Subsection (a), Section 158.106, Family Code, is
25-22 amended to read as follows:
25-23 (a) The Title IV-D agency shall prescribe forms [a form]
25-24 for:
25-25 (1) an [the] order of withholding that is sufficient
26-1 if rendered [by a court] in substantially the prescribed manner;
26-2 (2) a notice of application for judicial writ of
26-3 withholding; [and]
26-4 (3) a judicial writ of withholding as [that is
26-5 sufficient when issued by the clerk of the court substantially in
26-6 the manner] provided by Subchapter D; and
26-7 (4) an administrative writ of withholding, including
26-8 forms and procedures for electronic issuance of the writ, as
26-9 provided by Subchapter F [E].
26-10 SECTION 42. Section 158.201, Family Code, is amended to read
26-11 as follows:
26-12 Sec. 158.201. ORDER OR WRIT BINDING ON [NOTICE TO] EMPLOYER.
26-13 (a) An employer required [who may be directed] to withhold income
26-14 from earnings is not entitled to [as provided by this chapter need
26-15 not be given] notice of the proceedings before the order is
26-16 rendered or writ of withholding is issued.
26-17 (b) An order or writ of withholding is binding on an
26-18 employer regardless of whether the employer is specifically named
26-19 in the order or writ.
26-20 SECTION 43. Section 158.202, Family Code, is amended to read
26-21 as follows:
26-22 Sec. 158.202. EFFECTIVE DATE OF AND DURATION OF WITHHOLDING.
26-23 An employer shall begin to withhold income in accordance with an
26-24 order or writ of withholding not later than the first pay period
26-25 following the date on which the order or writ was delivered to the
27-1 employer and shall continue to withhold income as required by
27-2 [provided in] the order or writ as long as the obligor is employed
27-3 by the employer.
27-4 SECTION 44. Section 158.205, Family Code, is amended to read
27-5 as follows:
27-6 Sec. 158.205. HEARING REQUESTED BY EMPLOYER. (a) Not later
27-7 than the 20th day after the date an order or writ of withholding is
27-8 delivered, the employer may, as appropriate, file a motion with the
27-9 court or file a request with the Title IV-D agency for a hearing on
27-10 the applicability of the order or writ to the employer. The Title
27-11 IV-D agency by rule shall establish procedures for an agency
27-12 hearing under this section.
27-13 (b) The hearing under this section shall be held not later
27-14 than the 15th day after the date the motion or request was made
27-15 [filed].
27-16 (c) An order or writ of withholding remains binding and
27-17 payments shall continue to be made pending further order of the
27-18 court or, in the case of an administrative writ, action of the
27-19 Title IV-D agency.
27-20 SECTION 45. Subsection (a), Section 158.206, Family Code, is
27-21 amended to read as follows:
27-22 (a) An employer receiving an order or a writ of withholding
27-23 under this chapter, including an order or writ directing that
27-24 health insurance be provided to a child, who complies with the
27-25 order or writ is not liable to the obligor for the amount of income
28-1 withheld and paid as required by the [provided in the] order or
28-2 writ.
28-3 SECTION 46. Subsection (b), Section 158.207, Family Code, is
28-4 amended to read as follows:
28-5 (b) If the total amount due under the orders or writs
28-6 exceeds the maximum amount allowed to be withheld under Section
28-7 158.009, the employer shall pay an equal amount towards the current
28-8 support in each order or writ [portion of all orders or writs]
28-9 until the employer has complied fully with each current support
28-10 obligation [order or writ] and, thereafter, equal amounts on the
28-11 arrearages until the employer has complied with each order or writ,
28-12 or until the maximum total amount of allowed withholding is
28-13 reached, whichever occurs first.
28-14 SECTION 47. Subsections (c) and (d), Section 158.209, Family
28-15 Code, are amended to read as follows:
28-16 (c) If an employer intentionally discharges an employee in
28-17 violation of this section, the employer continues to be liable to
28-18 the employee for current wages and other benefits and for
28-19 reasonable attorney's fees and court costs incurred [by the
28-20 employee] in enforcing the employee's rights as provided in this
28-21 section.
28-22 (d) An action under this section may be brought [only] by
28-23 the employee, a friend of the court, the domestic relations office,
28-24 or the Title IV-D agency.
28-25 SECTION 48. The heading for Subchapter D, Chapter 158,
29-1 Family Code, is amended to read as follows:
29-2 SUBCHAPTER D. JUDICIAL WRIT OF WITHHOLDING ISSUED BY CLERK
29-3 SECTION 49. Section 158.301, Family Code, is amended to read
29-4 as follows:
29-5 Sec. 158.301. NOTICE OF APPLICATION FOR JUDICIAL WRIT OF
29-6 WITHHOLDING; FILING. (a) A notice of application for judicial
29-7 writ of withholding may be filed if:
29-8 (1) a delinquency occurs in child support payments in
29-9 an amount equal to or greater than the total support due for one
29-10 month; or
29-11 (2) income withholding was not ordered at the time
29-12 child support was ordered.
29-13 (b) The notice of application for judicial writ of
29-14 withholding may be filed in the court of continuing jurisdiction
29-15 by:
29-16 (1) the Title IV-D agency;
29-17 (2) the attorney representing the local domestic
29-18 relations office;
29-19 (3) the attorney appointed a friend of the court as
29-20 provided in Chapter 202;
29-21 (4) the obligor or obligee; or
29-22 (5) a private attorney representing the obligor or
29-23 obligee.
29-24 (c) The Title IV-D agency may [shall] in a Title IV-D case
29-25 file a notice of application for judicial writ of withholding on
30-1 request of the obligor or obligee.
30-2 SECTION 50. Section 158.302, Family Code, is amended to read
30-3 as follows:
30-4 Sec. 158.302. CONTENTS OF NOTICE OF APPLICATION FOR JUDICIAL
30-5 WRIT OF WITHHOLDING. The notice of application for judicial writ
30-6 of withholding shall be verified and:
30-7 (1) state the amount of monthly support due, including
30-8 medical support, the amount of arrearages or anticipated
30-9 arrearages, including accrued interest, and the amount of wages
30-10 that will be withheld in accordance with a judicial [by the] writ
30-11 of withholding;
30-12 (2) state that the withholding applies to each current
30-13 or subsequent employer or period of employment;
30-14 (3) state that if the obligor does not contest the
30-15 withholding within 10 days after the date of receipt of the notice
30-16 [of withholding], the obligor's employer will be notified to begin
30-17 the withholding;
30-18 (4) describe the procedures for contesting the
30-19 issuance and delivery of a writ of withholding;
30-20 (5) state that if the obligor contests the
30-21 withholding, the obligor will be afforded an opportunity for a
30-22 hearing by the court not later than the 30th day after the date of
30-23 receipt of the notice of contest;
30-24 (6) state that the sole ground for successfully
30-25 contesting the issuance of a writ [notice] of withholding is a
31-1 dispute concerning the identity of the obligor or the existence or
31-2 amount of the arrearages, including accrued interest;
31-3 (7) describe the actions that may be taken [the
31-4 attorney will take] if the obligor contests the notice of
31-5 application for judicial writ of withholding, including the
31-6 procedures for suspending issuance of a writ of withholding; and
31-7 (8) include with the notice a suggested form for the
31-8 motion to stay issuance and delivery of the judicial writ of
31-9 withholding that the obligor may file with the clerk of the
31-10 appropriate court.
31-11 SECTION 51. Subsections (a) and (c), Section 158.303, Family
31-12 Code, are amended to read as follows:
31-13 (a) The [In a Title IV-D case, the] registration of a
31-14 foreign support order as provided in Chapter 159 is sufficient for
31-15 the filing of a notice of application for judicial writ of
31-16 withholding.
31-17 (c) Notice of application for judicial writ of withholding
31-18 may be delivered to the obligor at the same time that an order is
31-19 filed for registration under Chapter 159.
31-20 SECTION 52. Section 158.304, Family Code, is amended to read
31-21 as follows:
31-22 Sec. 158.304. ADDITIONAL ARREARAGES [ANTICIPATED
31-23 VIOLATIONS]. If the notice of application for judicial writ of
31-24 withholding states [claims] that the obligor has repeatedly failed
31-25 to pay support in accordance with the underlying support [violated
32-1 the] order, the judicial writ may include arrearages that accrue
32-2 [movant may plead anticipated future violations of a similar nature
32-3 may arise] between the filing of the notice and the date of the
32-4 hearing or the issuance of a judicial writ of withholding.
32-5 SECTION 53. Section 158.306, Family Code, is amended to read
32-6 as follows:
32-7 Sec. 158.306. DELIVERY OF NOTICE OF APPLICATION FOR JUDICIAL
32-8 WRIT OF WITHHOLDING; TIME OF DELIVERY. (a) A notice of
32-9 application for judicial writ of withholding may be delivered to
32-10 the obligor by:
32-11 (1) hand delivery by a person designated by the Title
32-12 IV-D agency or local domestic relations office;
32-13 (2) first-class or certified mail, return receipt
32-14 requested, addressed to the obligor's last known address or place
32-15 of employment; or
32-16 (3) by service of citation as in civil cases
32-17 generally.
32-18 (b) If the notice is delivered by mailing or hand delivery,
32-19 the party [attorney] who filed the notice shall file with the court
32-20 a certificate stating the name, address, and date on which the
32-21 mailing or hand delivery was made.
32-22 (c) Notice is considered to have been received by the
32-23 obligor:
32-24 (1) if hand delivered, on the date of delivery;
32-25 (2) if mailed by certified mail, on the date of
33-1 receipt;
33-2 (3) if mailed by first-class mail, on the 10th day
33-3 after the date the notice was mailed; or
33-4 (4) if delivered by service of citation, on the date
33-5 of service.
33-6 SECTION 54. Subsection (a), Section 158.307, Family Code, is
33-7 amended to read as follows:
33-8 (a) The obligor may stay issuance of a judicial writ of
33-9 withholding by filing a motion to stay [issuance] with the clerk of
33-10 court not later than the 10th day after the date the notice of
33-11 application for judicial writ of withholding was received.
33-12 SECTION 55. Section 158.308, Family Code, is amended to read
33-13 as follows:
33-14 Sec. 158.308. EFFECT OF FILING MOTION TO STAY. The filing
33-15 of a motion to stay [issuance] by an obligor in the manner provided
33-16 by Section 158.307 prohibits the clerk of court from delivering the
33-17 judicial writ of [income] withholding to any employer of the
33-18 obligor before a hearing is held.
33-19 SECTION 56. Section 158.309, Family Code, is amended to read
33-20 as follows:
33-21 Sec. 158.309. HEARING ON MOTION TO STAY. (a) If a motion
33-22 to stay [issuance] is filed in the manner provided by Section
33-23 158.307, the court shall set a hearing on the motion and the clerk
33-24 of court shall notify the obligor, obligee, or their authorized
33-25 representatives, and the party [attorney] who filed the application
34-1 for judicial writ [notice] of withholding of the date, time, and
34-2 place of the hearing.
34-3 (b) The court shall hold a hearing on the motion to stay not
34-4 later than the 30th day after the date the motion was filed, except
34-5 that a hearing [on a motion to stay in a proceeding that is not in
34-6 a Title IV-D case] may be held later than the 30th day after filing
34-7 if both the obligor and obligee agree and waive the right to have
34-8 the motion heard within 30 days.
34-9 (c) Upon [After the] hearing, the court shall:
34-10 (1) render an order for income withholding that
34-11 includes a determination of the amount of child support arrearages,
34-12 including medical support and interest; or
34-13 (2) grant the motion to stay [deny the requested
34-14 relief not later than the 45th day after the date the notice of
34-15 withholding was received by the obligor].
34-16 SECTION 57. Subsections (a) and (c), Section 158.310, Family
34-17 Code, are amended to read as follows:
34-18 (a) A defect in a notice of application for judicial writ of
34-19 withholding is waived unless the respondent specially excepts in
34-20 writing and cites with particularity the alleged defect, obscurity,
34-21 or other ambiguity in the notice.
34-22 (c) If the court sustains an exception, the court shall
34-23 provide the party [attorney] filing the notice [of withholding] an
34-24 opportunity to refile [the notice] and the court shall continue the
34-25 hearing to a date certain without the requirement of additional
35-1 service.
35-2 SECTION 58. Subsection (a), Section 158.311, Family Code, is
35-3 amended to read as follows:
35-4 (a) Payment of arrearages after receipt of notice of
35-5 application for judicial writ of withholding may not be the sole
35-6 basis for the court to refuse to order withholding.
35-7 SECTION 59. Subsection (a), Section 158.312, Family Code, is
35-8 amended to read as follows:
35-9 (a) If a notice of application for judicial writ of
35-10 withholding is delivered and a motion to stay is not filed within
35-11 the time limits provided by Section 158.307, the party [attorney]
35-12 who filed the notice [of withholding] shall file with the clerk of
35-13 the court a request for issuance of the writ of withholding stating
35-14 the amount of current support, including medical support, the
35-15 amount of arrearages, and the amount to be withheld from the
35-16 obligor's income [by the clerk of the court].
35-17 SECTION 60. Section 158.314, Family Code, is amended to read
35-18 as follows:
35-19 Sec. 158.314. CONTENTS OF WRIT OF WITHHOLDING. The judicial
35-20 writ of income withholding issued by the clerk must direct that the
35-21 employer or a subsequent employer [to] withhold from the obligor's
35-22 disposable income for current child support, including medical
35-23 support, and child support arrearages an amount that is consistent
35-24 with the provisions of this chapter regarding orders of
35-25 withholding.
36-1 SECTION 61. Section 158.315, Family Code, is amended to read
36-2 as follows:
36-3 Sec. 158.315. EXTENSION OF REPAYMENT SCHEDULE BY PARTY
36-4 [ATTORNEY]; UNREASONABLE HARDSHIP. If the party [attorney] who
36-5 filed the notice of application for judicial writ of withholding
36-6 finds that the schedule for repaying arrearages would cause the
36-7 obligor, the obligor's family, or the children for whom the support
36-8 is due from the obligor to suffer unreasonable hardship, the party
36-9 [attorney] may extend the payment period in the writ.
36-10 SECTION 62. Section 158.317, Family Code, is amended to read
36-11 as follows:
36-12 Sec. 158.317. FAILURE TO RECEIVE NOTICE OF APPLICATION FOR
36-13 JUDICIAL WRIT OF WITHHOLDING. (a) Not later than the 30th day
36-14 after the date of the first pay period following the date of
36-15 delivery of the writ of withholding to the obligor's employer, the
36-16 obligor may file an affidavit with the court that a motion to stay
36-17 [issuance and delivery] was not timely filed because the notice of
36-18 application for judicial writ of withholding was not received by
36-19 the obligor and that grounds exist for a motion to stay [issuance
36-20 and delivery].
36-21 (b) Concurrently with the filing of the affidavit, the
36-22 obligor may file a motion to withdraw the writ of [income]
36-23 withholding and request a hearing on the applicability of the writ
36-24 [notice of delinquency].
36-25 (c) Income withholding may not be interrupted until after
37-1 the hearing at which the court renders an order denying or
37-2 modifying withholding.
37-3 SECTION 63. Section 158.319, Family Code, is amended to read
37-4 as follows:
37-5 Sec. 158.319. ISSUANCE AND DELIVERY OF JUDICIAL WRIT OF
37-6 WITHHOLDING TO SUBSEQUENT EMPLOYER. (a) After the issuance of a
37-7 judicial writ of withholding by the clerk, a party [an attorney]
37-8 authorized to file a notice of application for judicial writ of
37-9 withholding under this subchapter may issue the judicial writ of
37-10 withholding to a subsequent employer of the obligor by delivering
37-11 to the employer by certified mail a copy of the writ.
37-12 (b) The judicial writ of withholding must include the name,
37-13 address, and signature of the party [attorney] and clearly indicate
37-14 that the writ is being issued to a subsequent employer.
37-15 (c) The party [attorney] shall file a copy of the judicial
37-16 writ of withholding with the clerk not later than the third working
37-17 day following delivery of the writ to the subsequent employer. The
37-18 party [attorney] shall pay the clerk a fee of $15 at the time the
37-19 copy of the writ is filed.
37-20 (d) The party [attorney] shall file the postal return
37-21 receipt from the delivery to the subsequent employer not later than
37-22 the third working day after the party [attorney] receives the
37-23 receipt.
37-24 SECTION 64. Subsection (b), Section 158.401, Family Code, is
37-25 amended to read as follows:
38-1 (b) At the request of the [The] Title IV-D agency, [shall
38-2 cause] the clerk of the court shall [to] issue a judicial [and to
38-3 deliver a] writ of withholding to the obligor's employer reflecting
38-4 any modification or changes in the amount to be withheld or the
38-5 termination of withholding.
38-6 SECTION 65. Section 158.402, Family Code, is amended to read
38-7 as follows:
38-8 Sec. 158.402. [EFFECT OF] AGREEMENT BY PARTIES REGARDING
38-9 AMOUNT OR DURATION OF WITHHOLDING. (a) An [If an] obligor and
38-10 obligee may agree on a reduction in or termination of income
38-11 withholding for child support on the occurrence of one of the
38-12 following contingencies stated in the order:
38-13 (1) the child becomes 18 years of age or is graduated
38-14 from high school, whichever is later;
38-15 (2) the child's disabilities of minority are removed
38-16 by marriage, court order, or other operation of law; or
38-17 (3) the child dies.
38-18 (b) The[, the] obligor and obligee may file a notarized or
38-19 acknowledged request with the clerk of the court under Section
38-20 158.011 for a revised judicial writ of withholding, including the
38-21 termination of withholding.
38-22 (c) The clerk shall issue and deliver to an employer of the
38-23 obligor a judicial writ of withholding [to the obligor's employer]
38-24 that reflects the agreed revision [modification] or [the]
38-25 termination of withholding.
39-1 (d) An agreement by the parties under this section does not
39-2 modify the terms of a support order.
39-3 SECTION 66. Chapter 158, Family Code, is amended by adding
39-4 Subchapter F to read as follows:
39-5 SUBCHAPTER F. ADMINISTRATIVE WRIT OF WITHHOLDING
39-6 IN TITLE IV-D CASES
39-7 Sec. 158.501. ISSUANCE OF ADMINISTRATIVE WRIT OF
39-8 WITHHOLDING. The Title IV-D agency may initiate income withholding
39-9 by issuing an administrative writ of withholding for the
39-10 enforcement of an existing order as authorized by this subchapter.
39-11 Sec. 158.502. WHEN ADMINISTRATIVE WRIT OF WITHHOLDING MAY BE
39-12 ISSUED. An administrative writ of withholding under this
39-13 subchapter may be issued at any time until all current support,
39-14 including medical support, and child support arrearages have been
39-15 paid.
39-16 Sec. 158.503. DELIVERY OF ADMINISTRATIVE WRIT TO EMPLOYER;
39-17 FILING WITH COURT. (a) An administrative writ of withholding
39-18 issued under this subchapter may be delivered to an employer by
39-19 mail or by electronic transmission.
39-20 (b) Not later than the third business day after the date of
39-21 delivery of the administrative writ of withholding to an employer,
39-22 the Title IV-D agency shall file a copy of the writ, together with
39-23 a certificate of service, in the court of continuing jurisdiction.
39-24 (c) The copy of the administrative writ of withholding filed
39-25 with the clerk of court must include:
40-1 (1) the name, address, and signature of the authorized
40-2 attorney or individual that issued the writ;
40-3 (2) the name and address of the employer served with
40-4 the writ; and
40-5 (3) a true copy of the information provided to the
40-6 employer.
40-7 Sec. 158.504. CONTENTS OF ADMINISTRATIVE WRIT OF
40-8 WITHHOLDING. (a) The administrative writ of withholding must be
40-9 in the form prescribed by the Title IV-D agency as required by this
40-10 chapter and in a standard format authorized by the United States
40-11 Department of Health and Human Services.
40-12 (b) An administrative writ of withholding issued under this
40-13 subchapter may contain only the information that is necessary for
40-14 the employer to comply with the existing withholding order,
40-15 including the amount of current support and medical support, the
40-16 amount of arrearages, accrued interest, and the amount of earnings
40-17 to be withheld.
40-18 Sec. 158.505. NOTICE TO OBLIGOR. (a) On issuance of an
40-19 administrative writ of withholding, the Title IV-D agency shall
40-20 send the obligor:
40-21 (1) notice that the withholding has commenced;
40-22 (2) notice of the procedures to follow if the obligor
40-23 desires to contest withholding on the grounds that the identity of
40-24 the obligor or the existence or amount of arrearages is incorrect;
40-25 and
41-1 (3) a copy of the administrative writ, including the
41-2 information concerning income withholding provided in the original
41-3 writ to the employer.
41-4 (b) The notice required under this section may be sent to
41-5 the obligor by:
41-6 (1) personal delivery by a person designated by the
41-7 Title IV-D agency;
41-8 (2) first-class mail or certified mail, return receipt
41-9 requested, addressed to the obligor's last known address; or
41-10 (3) service of citation as in civil cases generally.
41-11 (c) The copy of the administrative writ of withholding
41-12 delivered to the obligor shall include the information concerning
41-13 income withholding provided in the original writ to the employer.
41-14 Sec. 158.506. CONTEST BY OBLIGOR TO ADMINISTRATIVE WRIT OF
41-15 WITHHOLDING. (a) An obligor receiving the notice under Section
41-16 158.503 may request a review by the Title IV-D agency to resolve
41-17 any issue in dispute regarding the identity of the obligor or the
41-18 existence or amount of arrearages. The Title IV-D agency shall
41-19 provide an opportunity for a review, by telephonic conference or in
41-20 person, as may be appropriate under the circumstances.
41-21 (b) After a review under this section, the Title IV-D agency
41-22 may issue a new administrative writ of withholding to the employer,
41-23 including a writ modifying the amount to be withheld or terminating
41-24 withholding.
41-25 (c) If a review under this section fails to resolve any
42-1 issue in dispute, the obligor is entitled to the remedies provided
42-2 by Section 158.317 for cases in which a notice of an application
42-3 for judicial writ of withholding was not received. The obligor may
42-4 file a motion with the court to withdraw the administrative writ
42-5 and request a hearing with the court not later than the 30th day
42-6 after receiving notice of the agency's determination. Income
42-7 withholding may not be interrupted pending a hearing by the court.
42-8 Sec. 158.507. ADMINISTRATIVE WRIT TERMINATING WITHHOLDING.
42-9 An administrative writ to terminate withholding may be issued and
42-10 delivered to an employer by the Title IV-D agency when all current
42-11 support, including medical support, and child support arrearages
42-12 have been paid.
42-13 Sec. 158.508. INTERSTATE REQUEST FOR INCOME WITHHOLDING. An
42-14 administrative writ of withholding may be issued in a Title IV-D
42-15 interstate case on registration of a foreign support order as
42-16 provided in Chapter 159.
42-17 SECTION 67. Section 231.002, Family Code, is amended by
42-18 amending Subsection (d) and adding Subsections (e) and (f) to read
42-19 as follows:
42-20 (d) The Title IV-D agency may take the following
42-21 administrative actions [any action] with respect to the location of
42-22 a parent, the determination of parentage, and the establishment,
42-23 modification, and enforcement of child support and medical support
42-24 orders required by 42 U.S.C. Section 666(c), without obtaining an
42-25 order from any other judicial or administrative tribunal:
43-1 (1) issue an administrative subpoena, as provided by
43-2 Section 231.303, to obtain financial or other information;
43-3 (2) order genetic testing for parentage determination,
43-4 as provided by Chapter 233;
43-5 (3) order income withholding, as provided by Chapter
43-6 233, and issue an administrative writ of withholding, as provided
43-7 by Chapter 158; and
43-8 (4) take any action with respect to execution,
43-9 collection, and release of a judgment or lien for child support
43-10 necessary to satisfy the judgment or lien, as provided by Chapter
43-11 157.
43-12 (e) The Title IV-D agency shall recognize and enforce the
43-13 authority of the Title IV-D agency of another state to take actions
43-14 similar to the actions listed in Subsection (d).
43-15 (f) The Title IV-D agency shall develop and use procedures
43-16 for the administrative enforcement of interstate cases meeting the
43-17 requirements of 42 U.S.C. Section 666(a)(14) under which the
43-18 agency:
43-19 (1) shall respond within five business days to a
43-20 request made by another state for assistance in a Title IV-D case;
43-21 and
43-22 (2) may, by electronic or other means, transmit to
43-23 another state a request for assistance in a Title IV-D case.
43-24 SECTION 68. Section 231.101, Family Code, is amended by
43-25 amending Subsection (b) and adding Subsections (c) and (d) to read
44-1 as follows:
44-2 (b) At the request of either the obligee or obligor
44-3 [parent], the Title IV-D agency shall review a child support order
44-4 once every three years and, if appropriate, adjust the support
44-5 amount to meet the requirements of the child support guidelines
44-6 under Chapter 154.
44-7 (c) Except as notice is included in the child support order,
44-8 a party subject to a support order shall be provided notice not
44-9 less than once every three years of the party's right to request
44-10 that the Title IV-D agency review and, if appropriate, adjust the
44-11 amount of ordered support.
44-12 (d) The Title IV-D agency may review a support order at any
44-13 time on a showing of a material and substantial change in
44-14 circumstances, taking into consideration the best interests of the
44-15 child.
44-16 SECTION 69. Subsection (a), Section 231.104, Family Code, is
44-17 amended to read as follows:
44-18 (a) To the extent authorized by law, the [The] approval of
44-19 an application for or the receipt of financial assistance as
44-20 provided by Chapter 31, Human Resources Code, constitutes an
44-21 assignment to the Title IV-D agency of any rights to support from
44-22 any other person that the applicant or recipient may have
44-23 personally or for a child for whom the applicant or recipient is
44-24 claiming assistance, including the right to the amount accrued at
44-25 the time the application is filed or the assistance is received.
45-1 SECTION 70. Section 231.105, Family Code, is amended to read
45-2 as follows:
45-3 Sec. 231.105. NOTICE OF CHANGE OF PAYEE [ASSIGNMENT].
45-4 (a) Child support payments for the benefit of a child whose
45-5 support rights have been assigned to the Title IV-D agency shall be
45-6 made payable to and transmitted to the Title IV-D agency.
45-7 (b) If a court has ordered support payments to be made to an
45-8 applicant for or recipient of financial assistance or to a person
45-9 other than the applicant or recipient, the Title IV-D agency shall,
45-10 on providing notice to the obligee and the obligor, direct the
45-11 obligor or other payor to make support payments payable to the
45-12 Title IV-D agency and to transmit the payments to the agency. The
45-13 Title IV-D agency shall [may] file a copy of the notice [of the
45-14 assignment] with the court ordering the payments and with the child
45-15 support registry. The notice must include:
45-16 (1) a statement that the child is an applicant for or
45-17 recipient of financial assistance, or a child other than a
45-18 recipient child for whom services are provided;
45-19 (2) the name of the child and the caretaker for whom
45-20 support has been ordered by the court;
45-21 (3) the style and cause number of the case in which
45-22 support was ordered; and
45-23 (4) instructions for the payment of [a request that
45-24 the payments] ordered support [be made payable and transmitted] to
45-25 the agency.
46-1 (c) On receipt of a copy of the notice under Subsection (b)
46-2 [and without a requirement of a hearing], the clerk of the court
46-3 shall file the notice in the appropriate case file [order that the
46-4 payments be made to the Title IV-D agency].
46-5 SECTION 71. Section 231.106, Family Code, is amended to read
46-6 as follows:
46-7 Sec. 231.106. NOTICE OF TERMINATION OF ASSIGNMENT. (a) On
46-8 termination of support rights to the Title IV-D agency, the [The]
46-9 Title IV-D agency shall, after providing notice to the obligee and
46-10 the obligor, send [may file] a notice of termination of assignment
46-11 to the obligor or other payor, which may direct [include a request]
46-12 that all or a portion of the payments be made payable to the agency
46-13 and to other persons who are entitled to receive the payments.
46-14 (b) The Title IV-D agency shall send a copy of the notice of
46-15 termination of assignment to the court ordering the support and to
46-16 the child support registry, and on [On] receipt of the notice [of
46-17 termination of assignment] the clerk of the court shall file the
46-18 notice in the appropriate case file [order that the payments be
46-19 directed as stated in the notice].
46-20 SECTION 72. Section 231.107, Family Code, is amended to read
46-21 as follows:
46-22 Sec. 231.107. CERTIFICATE OF ASSIGNMENT OR OF TERMINATION OF
46-23 ASSIGNMENT. If an abstract of judgment or a child support lien on
46-24 support amounts assigned to the Title IV-D agency under this
46-25 chapter has previously been filed of record, the agency shall file
47-1 for recordation, with the county clerk of each county in which such
47-2 abstract or lien has been filed, a certificate that a notice of
47-3 change of payee [an order of assignment] or a notice of termination
47-4 of assignment has been issued by the agency.
47-5 SECTION 73. Section 231.108, Family Code, is amended by
47-6 adding Subsection (e) to read as follows:
47-7 (e) The Title IV-D agency may not release information on the
47-8 physical location of a person if:
47-9 (1) a protective order has been entered with respect
47-10 to the person; or
47-11 (2) there is reason to believe that the release of
47-12 information may result in physical or emotional harm to the person.
47-13 SECTION 74. Section 231.301, Family Code, is amended to read
47-14 as follows:
47-15 Sec. 231.301. TITLE IV-D PARENT LOCATOR SERVICES. The
47-16 parent locator service conducted by the Title IV-D agency shall be
47-17 used to obtain information for child support enforcement purposes
47-18 regarding the identity, social security number, location
47-19 [whereabouts], employer and employment benefits, income, and assets
47-20 or debts [holdings] of any individual under an obligation to pay
47-21 child or medical support or to whom a support obligation is owed
47-22 [person when the information is to be used for the purposes of
47-23 locating the person and establishing or enforcing a support or
47-24 medical support obligation against the person].
47-25 SECTION 75. Section 231.302, Family Code, is amended by
48-1 amending Subsections (a), (b), and (e) and adding Subsection (g) to
48-2 read as follows:
48-3 (a) The Title IV-D agency of this or another state may
48-4 [shall attempt to locate a person needed to establish or enforce a
48-5 support or medical support obligation and is entitled to] request
48-6 and obtain information relating to the identity, location,
48-7 employment, compensation, benefits, income, and property holdings
48-8 or other assets of any [the] person from a state or local
48-9 government agency, private company, institution, or other entity as
48-10 necessary to establish, modify, or enforce a support order
48-11 [implement this chapter].
48-12 (b) A [state] government agency, private company,
48-13 institution, or other entity shall provide the [furnishing]
48-14 information requested under Subsection (a) and shall provide the
48-15 information, subject to safeguards for privacy and information
48-16 security, in the most efficient and expeditious manner available,
48-17 including electronic or automated transfer and interface. An
48-18 individual or entity disclosing information under this section in
48-19 response to a request from a Title IV-D agency may not be held
48-20 liable in a civil action or proceeding for the disclosure of the
48-21 information.
48-22 (e) Except as provided by Subsection (d), a social security
48-23 number provided under this section is confidential and may be
48-24 disclosed only for the purposes of responding to a request for
48-25 information from an agency operating under the provisions of Part
49-1 [Parts] A or [and] D of Title IV of the federal Social Security Act
49-2 (42 U.S.C. Sections 601 et seq. [601-617] and 651 et seq.
49-3 [651-669]).
49-4 (g) In this section, "licensing authority" has the meaning
49-5 assigned by Section 232.001.
49-6 SECTION 76. Section 231.303, Family Code, is amended to read
49-7 as follows:
49-8 Sec. 231.303. TITLE IV-D ADMINISTRATIVE SUBPOENA. (a) The
49-9 Title IV-D agency of this state or another state may issue an
49-10 administrative subpoena to any individual or private or public
49-11 entity in this state [organization] to furnish information
49-12 necessary to carry out the purposes [provisions] of child support
49-13 enforcement under 42 U.S.C Section 651 et seq. or this chapter.
49-14 (b) An individual or entity [organization] receiving an
49-15 administrative [a] subpoena under this section shall comply with
49-16 the subpoena. The Title IV-D agency may impose a fine in an amount
49-17 not to exceed $500 on an individual or entity that fails without
49-18 good cause to comply with an administrative subpoena. An alleged
49-19 or presumed father or a parent who fails to comply with a subpoena
49-20 without good cause may also be subject to license suspension under
49-21 Chapter 232.
49-22 (c) A court may compel compliance with an administrative
49-23 subpoena and with any administrative fine for failure to comply
49-24 with the subpoena and may award attorney's fees and costs to the
49-25 Title IV-D agency in enforcing an administrative subpoena on proof
50-1 that an individual or organization failed without good cause to
50-2 comply with the subpoena.
50-3 (d) An individual or organization may not be liable in a
50-4 civil action or proceeding for disclosing financial or other
50-5 information to a Title IV-D agency under this section. The Title
50-6 IV-D agency may disclose information in a financial record obtained
50-7 from a financial institution only to the extent necessary to
50-8 establish, modify, or enforce a child support obligation.
50-9 SECTION 77. Subchapter D, Chapter 231, Family Code, is
50-10 amended by adding Section 231.307 to read as follows:
50-11 Sec. 231.307. FINANCIAL INSTITUTION DATA MATCHES. (a) The
50-12 Title IV-D agency shall develop a system meeting the requirements
50-13 of 42 U.S.C. Section 666(a)(17) for the quarterly exchange of data
50-14 with financial institutions doing business in the state to identify
50-15 an account of an obligor owing past-due child support and enforce
50-16 support obligations against the obligor.
50-17 (b) The Title IV-D agency by rule shall establish procedures
50-18 for data matches authorized under this section.
50-19 (c) A financial institution providing information or
50-20 responding to a notice of child support lien provided under
50-21 Subchapter G, Chapter 157, or otherwise acting in good faith to
50-22 comply with the Title IV-D agency's procedures under this section
50-23 may not be liable under any federal or state law for any damages
50-24 that arise from those acts.
50-25 (d) In this section:
51-1 (1) "Financial institution" has the meaning assigned
51-2 by 42 U.S.C. Section 669a(d)(1); and
51-3 (2) "Account" means a demand deposit account, checking
51-4 or negotiable withdrawal order account, savings account, time
51-5 deposit account, or money market mutual fund account.
51-6 SECTION 78. Subchapter E, Chapter 231, Family Code, is
51-7 redesignated as Chapter 233, Family Code, and amended to read as
51-8 follows:
51-9 CHAPTER 233 [SUBCHAPTER E]. CHILD SUPPORT REVIEW PROCESS
51-10 TO ESTABLISH OR ENFORCE SUPPORT OBLIGATIONS
51-11 Sec. 233.001 [231.401]. PURPOSE. (a) The purpose of the
51-12 procedures specified in the child support review process authorized
51-13 by this chapter [subchapter] is to enable the Title IV-D agency
51-14 [provide child support agencies an opportunity] to take expedited
51-15 administrative [resolve routine child support] actions to
51-16 establish, modify, and enforce child support and medical support
51-17 obligations, to determine parentage, or to take any other action
51-18 authorized or required under Part D, Title IV, of the federal
51-19 Social Security Act (42 U.S.C. Section 651 et seq.), and Chapter
51-20 231 [through agreement of the parties or uncontested orders].
51-21 (b) A child support review order issued under this chapter
51-22 and confirmed by a court constitutes an order of the court and is
51-23 enforceable by any means available for the enforcement of child
51-24 support obligations under this code, including withholding income,
51-25 filing a child support lien, and suspending a license under Chapter
52-1 232.
52-2 Sec. 233.002 [231.402]. AGREEMENTS ENCOURAGED. To the
52-3 extent permitted by this chapter [subchapter], the Title IV-D
52-4 agency [child support agencies] shall [make the child support
52-5 review process understandable to all parties and shall] encourage
52-6 agreement of the parties [agreements].
52-7 Sec. 233.003 [231.403]. BILINGUAL FORMS REQUIRED. A notice
52-8 or other form used to implement administrative procedures under
52-9 this chapter [the child support review process] shall be printed in
52-10 both Spanish and English.
52-11 Sec. 233.004 [231.404]. INTERPRETER REQUIRED. If a party
52-12 participating in an administrative proceeding under this chapter [a
52-13 negotiation conference] does not speak English or is hearing
52-14 impaired, the Title IV-D [child support] agency shall provide for
52-15 interpreter services at no charge to the party [parties].
52-16 Sec. 233.005 [231.405]. INITIATING Administrative Actions
52-17 [CHILD SUPPORT REVIEW]. An administrative action under this
52-18 chapter [subchapter] may be initiated by issuing a notice of child
52-19 support review under Section 233.006 or a notice of proposed child
52-20 support review order under Section 233.009 to each party entitled
52-21 to notice.
52-22 Sec. 233.006 [231.406]. CONTENTS OF NOTICE OF CHILD SUPPORT
52-23 REVIEW. (a) The notice of child support review issued by the
52-24 Title IV-D agency must:
52-25 (1) describe the procedure for a child support review,
53-1 including the procedures for requesting a negotiation conference;
53-2 (2) inform the recipient that the recipient may be
53-3 represented by legal counsel during the review process or at a
53-4 court hearing;
53-5 (3) inform the recipient that the recipient may refuse
53-6 to participate or cease participation in the child support review
53-7 process, but that the refusal by the recipient to participate will
53-8 not prevent the completion of the process or the filing of a child
53-9 support review order;
53-10 (4) include an affidavit of financial resources to be
53-11 executed by the recipient; and
53-12 (5) include a request that the recipient designate, on
53-13 a form provided by the Title IV-D [child support] agency, an
53-14 address for mailing any subsequent [additional] notice to the
53-15 recipient.
53-16 (b) In addition to the information required by Subsection
53-17 (a), the notice of child support review must inform the recipient
53-18 that:
53-19 (1) the information requested on the form must be
53-20 returned to the Title IV-D [child support] agency not later than
53-21 the 15th day after the date the notice is received or delivered;
53-22 and
53-23 (2) if the requested information is not returned as
53-24 required, the [child support] agency may:
53-25 (A) [may] proceed with the review using the
54-1 information that is available to the agency; and
54-2 (B) [may] file a legal action without further
54-3 notice to the recipient, except as otherwise required by law.
54-4 Sec. 233.007 [231.407]. Service of NOTICE [BY MAIL]. (a) A
54-5 notice required in an administrative action under this chapter may
54-6 [subchapter must] be delivered by personal service or [served by]
54-7 first class mail [or certified mail] on each party entitled to
54-8 citation or notice as provided by Chapter 102.
54-9 (b) This section does not apply to notice required on filing
54-10 of a child support review order or to later judicial actions.
54-11 Sec. 233.008 [231.408]. ADMINISTRATIVE SUBPOENA IN CHILD
54-12 SUPPORT REVIEW. [(a)] In a child support review under this
54-13 chapter [subchapter], the Title IV-D [a child support] agency may
54-14 issue an administrative subpoena authorized under Chapter 231 to
54-15 any individual or organization believed to have financial or other
54-16 information needed to establish, modify, or enforce a support order
54-17 [on the financial resources of the parent or presumed or alleged
54-18 father].
54-19 [(b) A court may compel compliance with an administrative
54-20 subpoena and award attorney's fees and costs to a child support
54-21 agency enforcing an administrative subpoena on proof that an
54-22 individual or organization failed to comply with the subpoena
54-23 without good cause.]
54-24 Sec. 233.009 [231.409]. Notice of Proposed Child Support
54-25 Review Order; [SCHEDULING] NEGOTIATION CONFERENCE. (a) After an
55-1 investigation and assessment of financial resources, the Title IV-D
55-2 agency may serve on the parties a notice of proposed child support
55-3 review order in enforcing or modifying an existing order.
55-4 (b) The notice of proposed child support review order shall
55-5 state:
55-6 (1) the amount of periodic payment of child support
55-7 due, the amount of any overdue support that is owed as an arrearage
55-8 as of the date of the notice, and the amounts that are to be paid
55-9 by the obligor for current support due and in payment on the
55-10 arrearage owed;
55-11 (2) that the person identified in the notice as the
55-12 party responsible for payment of the support amounts may contest
55-13 the notice order on the grounds that:
55-14 (A) the respondent is not the responsible party;
55-15 (B) the dependent child is no longer entitled to
55-16 child support; or
55-17 (C) the amount of monthly support or arrearage
55-18 is incorrectly stated; and
55-19 (3) that, if the person identified in the notice as
55-20 the party responsible for payment of the support amounts does not
55-21 contest the notice in writing or request a negotiation conference
55-22 to discuss the notice not later than the 15th day after the date
55-23 the notice was delivered, the Title IV-D agency may file a child
55-24 support review order for child support and for medical support for
55-25 the child as provided by Chapter 154 according to the information
56-1 available to the agency.
56-2 (c) The Title IV-D [child support] agency may schedule a
56-3 negotiation conference without a request from a party.
56-4 (d) [(b)] The Title IV-D [child support] agency shall
56-5 schedule a negotiation conference on the timely request of a party.
56-6 (e) [(c)] The agency may conduct a [A] negotiation
56-7 conference, or any part of a negotiation conference, [may be
56-8 conducted] by telephone conference call, by video conference, as
56-9 well as in person and may adjourn the[. The negotiation]
56-10 conference [may be adjourned] for a reasonable time to permit
56-11 mediation of issues that cannot be resolved by the parties and the
56-12 [child support] agency.
56-13 Sec. 233.010 [231.410]. NOTICE OF [TIME FOR] NEGOTIATION
56-14 CONFERENCE; FAILURE TO ATTEND CONFERENCE [NOTICE REQUIRED].
56-15 (a) The Title IV-D agency shall notify all [All] parties entitled
56-16 to notice of the negotiation conference [shall be notified] of the
56-17 date, time, and place of the [negotiation] conference not later
56-18 than the 10th day before the date of the [negotiation] conference.
56-19 (b) If a party fails to attend the scheduled conference, the
56-20 agency may proceed with the review and file a child support review
56-21 order according to the information available to the agency.
56-22 Sec. 233.011 [231.411]. RESCHEDULING NEGOTIATION CONFERENCE;
56-23 NOTICE REQUIRED. (a) The Title IV-D agency may reschedule or
56-24 adjourn a [A] negotiation conference [may be rescheduled or
56-25 adjourned] on the request of any party [at the discretion of the
57-1 child support review officer].
57-2 (b) The Title IV-D agency shall give all [All] parties
57-3 [must be given] notice of a rescheduled conference [the
57-4 rescheduling] not later than the third day before the date of the
57-5 rescheduled [negotiation] conference.
57-6 Sec. 233.012 [231.412]. INFORMATION REQUIRED TO BE PROVIDED
57-7 AT NEGOTIATION CONFERENCE. At the beginning of the negotiation
57-8 conference, the child support review officer shall review with the
57-9 parties participating in the conference information provided in the
57-10 notice of child support review and inform the parties that:
57-11 (1) the purpose of the negotiation conference is to
57-12 provide an opportunity to reach an agreement on a child support
57-13 order;
57-14 (2) if the parties reach an agreement, the review
57-15 officer will prepare an agreed review order to be effective
57-16 immediately on being confirmed by the court, as provided by Section
57-17 233.024;
57-18 (3) a party does not have to sign a review order
57-19 prepared by the child support review officer but that the Title
57-20 IV-D agency may file a review order without the agreement of the
57-21 parties; [and]
57-22 (4) the parties may sign a waiver of the right to
57-23 service of process;
57-24 (5) a party may request a court hearing on a nonagreed
57-25 order at any time before the 20th day after the date a petition for
58-1 confirmation of the order is filed; and
58-2 (6) a party may file a motion for a new trial at any
58-3 time before the 30th day after an order is confirmed by the court.
58-4 Sec. 233.013 [231.413]. DETERMINING SUPPORT AMOUNT;
58-5 MODIFICATION. (a) The Title IV-D [A child support] agency may use
58-6 any information obtained by the agency from the parties or any
58-7 other source and shall apply the child support guidelines provided
58-8 by this code to determine the appropriate amount of child support.
58-9 (b) If it has been three years since a child support order
58-10 was rendered or last modified and the amount of the child support
58-11 award under the order differs by either 20 percent or $100 from the
58-12 amount that would be awarded under the child support guidelines,
58-13 the Title IV-D [child support] agency [determines that the support
58-14 amount in an existing child support order is not in substantial
58-15 compliance with the guidelines, the child support agency] shall
58-16 file [issue] an appropriate child support review order, including
58-17 an [a review] order that has the effect of modifying an existing
58-18 court or administrative order for child support without the
58-19 necessity of filing a motion to modify.
58-20 Sec. 233.014 [231.414]. RECORD of Proceedings [NOT
58-21 REQUIRED]. (a) For the purposes of this chapter [subchapter],
58-22 documentary evidence relied on by the child support review officer,
58-23 including an affidavit of a party, together with the child support
58-24 review order is a sufficient record of the proceedings.
58-25 (b) The Title IV-D [A child support] agency is not required
59-1 to make any other record or transcript of the negotiation
59-2 conference.
59-3 Sec. 233.015 [231.415]. ISSUANCE OF CHILD SUPPORT REVIEW
59-4 ORDER OR FINDING THAT NO ORDER SHOULD BE ISSUED; EFFECT. (a) If a
59-5 [the] negotiation conference does not result in agreement by all
59-6 parties to the child support review order, the Title IV-D agency
59-7 [review officer] shall render [promptly issue and sign] a final
59-8 decision in the form of a child support review order or a
59-9 determination that the agency should not issue a child support
59-10 review order [should not be issued,] not later than the fifth day
59-11 after the date of the negotiation conference.
59-12 (b) If the Title IV-D agency determines [a determination is
59-13 made] that the agency should not issue a child support order [will
59-14 not be issued], the agency shall immediately provide each party
59-15 with notice of the determination [each party to a child support
59-16 review proceeding shall be furnished immediately] by personal
59-17 [hand] delivery or by first class mail [notice of the
59-18 determination].
59-19 (c) A determination that a child support order should not be
59-20 issued must include a statement of the reasons that an order is not
59-21 being issued and a statement that the agency's determination does
59-22 not affect the right of the Title IV-D agency or a party to request
59-23 any other remedy provided by law.
59-24 Sec. 233.016 [231.416]. VACATING CHILD SUPPORT REVIEW ORDER.
59-25 (a) The Title IV-D agency [review officer] may vacate a child
60-1 support review order [on the officer's own motion] at any time
60-2 before the order is filed with the court.
60-3 (b) A new negotiation conference, with notice to all
60-4 parties, may be scheduled or the Title IV-D agency [officer] may
60-5 make a determination that a child support review order should not
60-6 be issued and give notice of that determination as provided by this
60-7 chapter [subchapter].
60-8 Sec. 233.017 [231.417]. CONTENTS OF CHILD SUPPORT REVIEW
60-9 ORDER. (a) An [agreed child support review] order issued under
60-10 this chapter must be reviewed and signed by an attorney of the
60-11 Title IV-D agency and must contain all provisions that are
60-12 appropriate for an order under this title, including current child
60-13 support, medical support, a determination of any arrearages or
60-14 retroactive support, and, if not otherwise ordered, income
60-15 withholding.
60-16 (b) [A child support review order that is not agreed to must
60-17 include child support and medical support provisions, including a
60-18 determination of arrearages or retroactive support.]
60-19 [(c)] A child support review order providing for the
60-20 enforcement of an order may not contain a provision that imposes
60-21 incarceration or a fine or contains a finding of contempt.
60-22 (c) [(d)] A child support review order that establishes or
60-23 modifies an amount of previously ordered support must include the
60-24 findings required by Section 154.130.
60-25 (d) [(e)] A child support review order that is not agreed to
61-1 by all the parties may specify and reserve for the court at the
61-2 confirmation hearing unresolved issues relating to conservatorship
61-3 or possession of a child.
61-4 Sec. 233.018 [231.418]. ADDITIONAL CONTENTS OF AGREED CHILD
61-5 SUPPORT REVIEW ORDER. If a negotiation conference results in an
61-6 agreement of the parties, each party must sign the child support
61-7 review order and the order [must be signed by each party who agrees
61-8 to the order,] must contain [the provisions required by Section
61-9 231.417, and,] as to each party [in agreement with the order, must
61-10 contain]:
61-11 (1) a waiver by the party of the right to service of
61-12 process and a court hearing and the making of a record on the
61-13 petition for confirmation;
61-14 (2) the mailing address of the party; and
61-15 (3) the following statement printed on the order in
61-16 boldface or in all capital letters:
61-17 "I KNOW THAT I DO NOT HAVE TO SIGN THIS CHILD SUPPORT REVIEW
61-18 ORDER. I UNDERSTAND THAT IF I SIGN THIS ORDER, IT WILL BE
61-19 CONFIRMED BY THE COURT WITHOUT FURTHER NOTICE TO ME. [I KNOW THAT
61-20 I HAVE A RIGHT TO BE PERSONALLY SERVED WITH THE PETITION FOR
61-21 CONFIRMATION OF THIS ORDER.] I KNOW THAT I HAVE A RIGHT TO [CHANGE
61-22 MY MIND AND WITHDRAW MY AGREEMENT TO THE TERMS OF THIS ORDER AND]
61-23 REQUEST THAT A COURT RECONSIDER THE ORDER [DECIDE THIS MATTER] BY
61-24 FILING A MOTION FOR A NEW TRIAL [REQUEST FOR COURT HEARING] AT ANY
61-25 TIME BEFORE THE 30TH [20TH] DAY AFTER THE DATE OF THE [PETITION
62-1 FOR] CONFIRMATION OF THE ORDER BY [IS FILED WITH THE CLERK OF] THE
62-2 COURT. [I KNOW THAT IF I FAIL TO FILE A REQUEST FOR A COURT
62-3 HEARING A COURT MAY CONFIRM AND APPROVE THIS ORDER WITHOUT A
62-4 HEARING, AND THE ORDER WILL BECOME A VALID COURT ORDER.] I KNOW
62-5 THAT IF I DO NOT OBEY THE TERMS OF THIS ORDER I MAY BE HELD IN
62-6 CONTEMPT OF COURT."
62-7 Sec. 233.019 [231.419]. FILING OF AGREED REVIEW ORDER
62-8 [PETITION FOR CONFIRMATION]. (a) The Title IV-D [child support]
62-9 agency shall file an agreed child support review order and a waiver
62-10 of service signed by the parties [a petition for confirmation] with
62-11 the clerk of the court having continuing jurisdiction of the child
62-12 who is the subject of the order.
62-13 (b) If there is not a court of continuing jurisdiction, the
62-14 Title IV-D [child support] agency shall file the agreed review
62-15 order [petition for confirmation] with the clerk of a court having
62-16 jurisdiction under this title.
62-17 (c) If applicable, a statement of paternity or a written
62-18 report of a parentage testing expert and any documentary evidence
62-19 relied upon by the agency shall be filed with the agreed review
62-20 order as an exhibit to the order.
62-21 Sec. 233.020 [231.420]. CONTENTS OF PETITION FOR
62-22 CONFIRMATION OF NONAGREED ORDER[; DOCUMENTARY EVIDENCE TO BE FILED
62-23 WITH PETITION]. (a) A petition for confirmation of a child
62-24 support review order not agreed to by the parties must [shall]
62-25 include the final [child support] review order as an attachment to
63-1 the petition.
63-2 (b) Documentary evidence relied on by the Title IV-D [child
63-3 support] agency, including, if applicable, a statement of paternity
63-4 or a written report of a parentage testing expert, shall be filed
63-5 with the clerk as exhibits to the petition, but are not required to
63-6 be served on the parties. The petition must identify the exhibits
63-7 that are filed with the clerk.
63-8 Sec. 233.021 [231.421]. DUTIES OF CLERK OF COURT. (a) On
63-9 the filing of an agreed child support review order or of a petition
63-10 for confirmation of a nonagreed order issued by the Title IV-D
63-11 agency, the clerk of court shall endorse on the order or petition
63-12 the date and time the order or [that the] petition is filed.
63-13 (b) In [If the petition is for] an original action, the
63-14 clerk shall endorse the appropriate court and cause number on the
63-15 agreed review order or on the petition for confirmation of a
63-16 nonagreed order.
63-17 (c) [If the petition is to confirm an agreed child support
63-18 review order under this subchapter, the child support agency shall
63-19 mail to each party that agreed to the order, at the address shown
63-20 on the order, a copy of the petition with the court, filing date,
63-21 and cause number of the case. The clerk shall note on the docket
63-22 that the notice was mailed. The child support agency shall file a
63-23 certificate of service showing the date of the mailing to each
63-24 party.]
63-25 [(d)] The clerk shall deliver by personal service [issue
64-1 service of citation, including] a copy of the petition for
64-2 confirmation of a nonagreed review order and a copy of the [child
64-3 support review] order, to each party entitled to service who has
64-4 not waived service.
64-5 (d) [(e)] A clerk of a district court is entitled to collect
64-6 in a child support review case the fees authorized in a Title IV-D
64-7 case by Chapter 231 [this chapter].
64-8 Sec. 233.022 [231.422]. FORM TO REQUEST A COURT HEARING ON
64-9 NONAGREED ORDER. (a) A court shall consider any responsive
64-10 pleading that is intended as an objection to confirmation of a
64-11 child support review order not agreed to by the parties, including
64-12 a general denial, as a request for a court hearing.
64-13 (b) The Title IV-D [child support] agency shall:
64-14 (1) make available to each clerk of court copies of
64-15 the form to request a court hearing on a nonagreed review order;
64-16 and
64-17 (2) provide the form to request a court hearing to a
64-18 party to the child support review proceeding on request of the
64-19 party.
64-20 (c) The clerk shall furnish the form to a party to the child
64-21 support review [a] proceeding [under this subchapter] on the
64-22 request of the party.
64-23 Sec. 233.023 [231.423]. TIME TO REQUEST A COURT HEARING. A
64-24 party may file a request for a court hearing not later than the
64-25 20th day after the date the petition for confirmation of a
65-1 nonagreed child support review order is delivered to the party
65-2 [served or mailed as provided by this subchapter].
65-3 Sec. 233.024 [231.424]. CONFIRMATION OF AGREED ORDER
65-4 [WITHOUT HEARING]. (a) If the court finds that all parties have
65-5 appropriately agreed to a child support review order and that there
65-6 is waiver of service, the court shall sign the order not later than
65-7 the third day after the filing of the order.
65-8 (b) On confirmation by the court, the Title IV-D agency
65-9 shall immediately deliver to each party a copy of the signed agreed
65-10 review order. [Not later than the 30th day after the date a
65-11 petition for confirmation that includes waivers by all parties is
65-12 filed or after the date of service is made on the last party
65-13 required to be served for a petition for confirmation that does not
65-14 include waivers, whichever is later, the court shall confirm the
65-15 child support review order by signing an order of confirmation
65-16 unless a party has filed a timely request for hearing or the court
65-17 has scheduled a hearing.]
65-18 Sec. 233.025 [231.425]. EFFECT OF REQUEST FOR HEARING ON
65-19 NONAGREED ORDER; PLEADING. (a) A request for hearing or an order
65-20 setting a hearing on confirmation of a nonagreed child support
65-21 review order stays confirmation of the order pending the hearing.
65-22 (b) At a hearing on confirmation, any [all] issues in
65-23 dispute [the child support review order] shall be heard in a trial
65-24 de novo.
65-25 (c) The petition for confirmation and the child support
66-1 review order constitute a sufficient pleading by the Title IV-D
66-2 [child support] agency for relief on any issue addressed in the
66-3 petition and order.
66-4 (d) The request for hearing may limit the scope of the de
66-5 novo hearing by specifying the issues that are in dispute.
66-6 Sec. 233.026 [231.426]. TIME FOR COURT HEARING. A court
66-7 shall hold a hearing on the confirmation of a child support review
66-8 order that has not been agreed to by the parties not later than the
66-9 30th day after the date the last party to be served files a timely
66-10 request for a court hearing.
66-11 Sec. 233.027 [231.427]. ORDER AFTER HEARING; EFFECT OF
66-12 CONFIRMATION ORDER. (a) After the hearing on the confirmation of
66-13 a nonagreed child support review order, the court shall:
66-14 (1) if the court finds that the order should be
66-15 confirmed, immediately sign a confirmation order and enter the
66-16 order as an order of the court;
66-17 (2) if the court finds that the relief granted in the
66-18 child support review order is inappropriate, sign an appropriate
66-19 order at the conclusion of the hearing or as soon after the
66-20 conclusion of the hearing as is practical and enter the order as an
66-21 order of the court; or
66-22 (3) if the court finds that all relief should be
66-23 denied, enter an order that denies relief and includes specific
66-24 findings explaining the reasons that relief is denied.
66-25 (b) On the signing of a confirmation order by the judge of
67-1 the court, the child support review order becomes a final order of
67-2 the court.
67-3 Sec. 233.0271. CONFIRMATION OF NONAGREED ORDER WITHOUT
67-4 HEARING. (a) If a request for hearing has not been timely
67-5 received, the court shall confirm and sign a nonagreed child
67-6 support review order not later than the 30th day after the date the
67-7 petition for confirmation was delivered to the last party entitled
67-8 to service.
67-9 (b) The Title IV-D agency shall immediately deliver a copy
67-10 of the confirmed nonagreed review order to each party, together
67-11 with notice of right to file a motion for a new trial not later
67-12 than the 30th day after the date the order was confirmed by the
67-13 court.
67-14 Sec. 233.028 [231.428]. SPECIAL CHILD SUPPORT REVIEW
67-15 PROCEDURES RELATING TO ESTABLISHMENT OF PARENTAGE. (a) If the
67-16 parentage of a child has not been established, the notice of child
67-17 support review delivered to [served on] the parties must include an
67-18 allegation that the recipient is a biological parent of the child.
67-19 The notice shall inform the parties that:
67-20 (1) not later than the 15th day after the date of
67-21 delivery of the notice, the alleged parent [father] of the child
67-22 shall either [may] sign a statement of paternity or an
67-23 acknowledgment of paternity or deny in writing that the alleged
67-24 parent is the biological parent of the child;
67-25 (2) either [and that any] party may request that
68-1 scientifically accepted parentage testing be conducted to assist in
68-2 determining the identities of the child's parents;
68-3 (3) if the alleged parent timely denies parentage of
68-4 the child, the Title IV-D agency shall order parentage testing; and
68-5 (4) if the alleged parent does not deny parentage of
68-6 the child, the Title IV-D agency may conduct a negotiation
68-7 conference.
68-8 (b) If all parties agree [A negotiation conference shall be
68-9 conducted to resolve any issues of support in an action in which
68-10 all parties agree as] to the child's parentage, the agency may file
68-11 an agreed child support review order as provided by this chapter.
68-12 (c) If a party denies parentage, the Title IV-D [child
68-13 support] agency shall order [may schedule] parentage testing and
68-14 give each party notice of the time and place of testing. If either
68-15 party fails or refuses to participate in administrative parentage
68-16 testing, the Title IV-D [child support] agency may file a child
68-17 support review order resolving the question of parentage against
68-18 that party [with a request for court-ordered parentage testing.
68-19 The court shall follow the procedures and may impose the sanctions
68-20 provided by this code to obtain compliance with the parentage
68-21 testing order]. The court shall confirm the child support review
68-22 order as a temporary or final order of the court only after an
68-23 opportunity for parentage testing has been provided.
68-24 (d) If parentage testing does not exclude the alleged parent
68-25 and the results of a verified written report of a parentage testing
69-1 expert meet the requirements of Chapter 160 for issuing a temporary
69-2 order, the Title IV-D [child support] agency may conduct a
69-3 negotiation conference to resolve any issues of support and file
69-4 with the court [issue] a child support review order.
69-5 (e) If the results of parentage testing exclude an alleged
69-6 parent from being the biological parent of the child, the Title
69-7 IV-D [child support] agency shall issue and provide to each party a
69-8 child support review order that declares that the excluded person
69-9 is not a parent of the child.
69-10 (f) Any party may file a petition for confirmation of a
69-11 child support review order issued under this section.
69-12 Sec. 233.029 [231.429]. ADMINISTRATIVE PROCEDURE LAW NOT
69-13 APPLICABLE. The child support review process under this chapter is
69-14 not governed by [the administrative procedure law,] Chapter 2001,
69-15 Government Code.
69-16 SECTION 79. The title of Chapter 232, Family Code, is
69-17 amended to read as follows:
69-18 CHAPTER 232. SUSPENSION OF LICENSE FOR FAILURE TO PAY
69-19 CHILD SUPPORT OR COMPLY WITH SUBPOENA
69-20 SECTION 80. Section 232.001, Family Code, is amended by
69-21 adding Subdivision (4) to read as follows:
69-22 (4) "Subpoena" means a subpoena issued in a parentage
69-23 determination or child support proceeding under this title.
69-24 SECTION 81. Section 232.003, Family Code, as added by
69-25 Chapter 751, Acts of the 74th Legislature, 1995, is amended to read
70-1 as follows:
70-2 Sec. 232.003. Suspension of License. (a) A court or the
70-3 Title IV-D agency may issue an order suspending a license as
70-4 provided by this chapter if an individual who is an obligor:
70-5 (1) has a child support [an] arrearage equal to or
70-6 greater than the total support due for 90 days under a support
70-7 order;
70-8 (2) has been provided an opportunity to make payments
70-9 toward the child support arrearage under an agreed or court-ordered
70-10 repayment schedule; and
70-11 (3) has failed to comply with the repayment schedule.
70-12 (b) A court or the Title IV-D agency may issue an order
70-13 suspending license as provided by this chapter if an individual has
70-14 failed, after receiving appropriate notice, to comply with a
70-15 subpoena.
70-16 SECTION 82. Subsection (d), Section 232.004, Family Code, is
70-17 amended to read as follows:
70-18 (d) A proceeding in a case filed with the Title IV-D agency
70-19 under this chapter is governed by the contested case provisions of
70-20 Chapter 2001, Government Code, except that Section 2001.054 does
70-21 not apply to the proceeding. The director of the Title IV-D agency
70-22 or the director's designee may render [is responsible for
70-23 rendering] a final decision in a [the] contested case proceeding
70-24 under this chapter.
70-25 SECTION 83. Section 232.005, Family Code, is amended to read
71-1 as follows:
71-2 Sec. 232.005. CONTENTS OF PETITION. (a) A petition under
71-3 this chapter must state that license suspension is required under
71-4 Section 232.003 and allege:
71-5 (1) the name and, if known, social security number of
71-6 the individual [obligor];
71-7 (2) the type, and if known, number of any license the
71-8 individual [obligor] is believed to hold and the name of the
71-9 licensing authority that issued the license; and
71-10 (3) the amount of arrearages owed under the child
71-11 support order or the facts associated with the individual's failure
71-12 to comply with a subpoena[, the amount of support paid, and the
71-13 amount of arrearages].
71-14 (b) A petition under this chapter may include as an
71-15 attachment a copy of:
71-16 (1) the record of child support payments maintained by
71-17 the Title IV-D registry or local registry; or
71-18 (2) the subpoena with which the individual has failed
71-19 to comply, together with proof of service of the subpoena.
71-20 SECTION 84. Subsections (a) and (c), Section 232.006, Family
71-21 Code, are amended to read as follows:
71-22 (a) On the filing of a petition under Section 232.004, the
71-23 court or the Title IV-D agency shall deliver [issue] to the
71-24 individual [obligor]:
71-25 (1) notice of the individual's [obligor's] right to a
72-1 hearing before the court or agency;
72-2 (2) notice of the deadline for requesting a hearing;
72-3 and
72-4 (3) a hearing request form if the proceeding is in a
72-5 Title IV-D case.
72-6 (c) The notice must contain the following statement in
72-7 bold-faced type or capital letters:
72-8 "AN ACTION TO SUSPEND ONE OR MORE LICENSES ISSUED TO YOU HAS
72-9 BEEN FILED. YOU MAY EMPLOY AN ATTORNEY TO REPRESENT YOU IN THIS
72-10 ACTION. IF YOU OR YOUR ATTORNEY DO NOT REQUEST A HEARING BEFORE
72-11 THE 21ST DAY AFTER THE DATE OF SERVICE OF THIS NOTICE, AN ORDER OF
72-12 LICENSE SUSPENSION MAY BE RENDERED." [state that an order
72-13 suspending license shall be rendered on the 60th day after the date
72-14 of service of the notice unless by that date:]
72-15 [(1) the court or Title IV-D agency receives proof
72-16 that all arrearages and the current month's child support
72-17 obligation have been paid;]
72-18 [(2) the child support agency or obligee files a
72-19 certification that the obligor is in compliance with a reasonable
72-20 repayment schedule; or]
72-21 [(3) the obligor appears at a hearing before the court
72-22 or Title IV-D agency and shows that the request for suspension
72-23 should be denied or stayed.]
72-24 SECTION 85. Section 232.007, Family Code, is amended by
72-25 amending Subsections (a) and (c) and adding Subsection (d) to read
73-1 as follows:
73-2 (a) A request for a hearing and motion to stay suspension
73-3 must be filed with the court or Title IV-D agency by the individual
73-4 [obligor] not later than the 20th day after the date of service of
73-5 the notice under Section 232.006.
73-6 (c) In a case involving support arrearages, a [A] record of
73-7 child support payments made by the Title IV-D agency or a local
73-8 registry is evidence of whether the payments were made. A copy of
73-9 the record appearing regular on its face shall be admitted as
73-10 evidence at a hearing under this chapter, including a hearing on a
73-11 motion to revoke a stay. Either party may offer controverting
73-12 evidence.
73-13 (d) In a case in which an individual has failed to comply
73-14 with a subpoena, proof of service is evidence of delivery of the
73-15 subpoena.
73-16 SECTION 86. Section 232.008, Family Code, is amended to read
73-17 as follows:
73-18 Sec. 232.008. ORDER SUSPENDING LICENSE FOR FAILURE TO PAY
73-19 CHILD SUPPORT. (a) On making the findings required by Section
73-20 232.003, the court or Title IV-D agency shall render an order
73-21 suspending the license unless the individual:
73-22 (1) [obligor] proves that all arrearages and the
73-23 current month's support have been paid; or
73-24 (2) shows good cause for failure to comply with the
73-25 subpoena.
74-1 (b) The court or Title IV-D agency may stay an order
74-2 suspending a license conditioned on the individual's [obligor's]
74-3 compliance with:
74-4 (1) a reasonable repayment schedule that is
74-5 incorporated in the order; or
74-6 (2) the requirements of a reissued and delivered
74-7 subpoena.
74-8 (c) An order suspending a license with a stay of the
74-9 suspension may not be served on the licensing authority unless the
74-10 stay is revoked as provided by this chapter.
74-11 (d) [(c)] A final order suspending license rendered by a
74-12 court or the Title IV-D agency shall be forwarded to the
74-13 appropriate licensing authority.
74-14 (e) [(d)] If the court or Title IV-D agency renders an order
74-15 suspending license, the individual [obligor] may also be ordered
74-16 not to engage in the licensed activity.
74-17 (f) [(e)] If the court or Title IV-D agency finds that the
74-18 petition for suspension should be denied, the petition shall be
74-19 dismissed without prejudice, and an order suspending license may
74-20 not be rendered.
74-21 SECTION 87. Section 232.009, Family Code, is amended to read
74-22 as follows:
74-23 Sec. 232.009. DEFAULT ORDER. The court or Title IV-D agency
74-24 shall consider the allegations of the petition for suspension to be
74-25 admitted and shall render an order suspending license if the
75-1 individual [obligor] fails to:
75-2 (1) respond to a notice issued under Section 232.006;
75-3 (2) request a hearing; or
75-4 (3) appear at a hearing.
75-5 SECTION 88. Subsections (a), (d), and (e), Section 232.011,
75-6 Family Code, are amended to read as follows:
75-7 (a) On receipt of a final order suspending license, the
75-8 licensing authority shall immediately determine if the authority
75-9 has issued a license to the individual [obligor] named on the order
75-10 and, if a license has been issued:
75-11 (1) record the suspension of the license in the
75-12 licensing authority's records;
75-13 (2) report the suspension as appropriate; and
75-14 (3) demand surrender of the suspended license if
75-15 required by law for other cases in which a license is suspended.
75-16 (d) An individual [obligor] who is the subject of a final
75-17 order suspending license is not entitled to a refund for any fee or
75-18 deposit paid to the licensing authority.
75-19 (e) An individual [obligor] who continues to engage in the
75-20 business, occupation, profession, or other licensed activity after
75-21 the implementation of the order suspending license by the licensing
75-22 authority is liable for the same civil and criminal penalties
75-23 provided for engaging in the licensed activity without a license or
75-24 while a license is suspended that apply to any other license
75-25 holder of that licensing authority.
76-1 SECTION 89. Section 232.012, Family Code, is amended to read
76-2 as follows:
76-3 Sec. 232.012. MOTION TO REVOKE STAY. (a) The obligee,
76-4 support enforcement agency, court, or Title IV-D agency may file a
76-5 motion to revoke the stay of an order suspending license if the
76-6 individual who is subject of an order suspending license [obligor]
76-7 does not comply with:
76-8 (1) the terms of a reasonable repayment plan entered
76-9 into by the individual; or
76-10 (2) the requirements of a reissued subpoena [the
76-11 obligor].
76-12 (b) Notice to the individual [obligor] of a motion to revoke
76-13 stay under this section may be given by personal service or by mail
76-14 to the address provided by the individual [obligor], if any, in the
76-15 order suspending license. The notice must include a notice of
76-16 hearing. The notice must be provided to the individual [obligor]
76-17 not less than 10 days before the date of the hearing.
76-18 (c) A motion to revoke stay must allege the manner in which
76-19 the individual [obligor] failed to comply with the repayment plan
76-20 or the reissued subpoena.
76-21 (d) If the court or Title IV-D agency finds that the
76-22 individual [obligor] is not in compliance with the terms of the
76-23 repayment plan or reissued subpoena, the court or agency shall
76-24 revoke the stay of the order suspending license and render a final
76-25 order suspending license.
77-1 SECTION 90. Subsections (a) and (c), Section 232.013, Family
77-2 Code, are amended to read as follows:
77-3 (a) The court or Title IV-D agency may render an order
77-4 vacating or staying an order suspending license if the individual
77-5 [obligor] has:
77-6 (1) paid all delinquent child support or has
77-7 established a satisfactory payment record; or
77-8 (2) complied with the requirements of a reissued
77-9 subpoena.
77-10 (c) On receipt of an order vacating or staying an order
77-11 suspending license, the licensing authority shall promptly issue
77-12 the affected license to the individual [obligor] if the individual
77-13 [obligor] is otherwise qualified for the license.
77-14 SECTION 91. Section 232.014, Family Code, is amended to read
77-15 as follows:
77-16 Sec. 232.014. FEE BY LICENSING AUTHORITY. A licensing
77-17 authority may charge a fee to an individual [obligor] who is the
77-18 subject of an order suspending license in an amount sufficient to
77-19 recover the administrative costs incurred by the authority under
77-20 this chapter.
77-21 SECTION 92. Subtitle D, Title 5, Family Code, is amended by
77-22 adding Chapter 234 to read as follows:
77-23 CHAPTER 234. STATE CASE REGISTRY, DISBURSEMENT UNIT,
77-24 AND DIRECTORY OF NEW HIRES
77-25 SUBCHAPTER A. UNIFIED STATE CASE REGISTRY AND DISBURSEMENT UNIT
78-1 Sec. 234.001. ESTABLISHMENT AND OPERATION OF UNIFIED
78-2 REGISTRY AND DISBURSEMENT UNIT. The Title IV-D agency shall
78-3 establish and operate a unified state case registry and state
78-4 disbursement unit meeting the requirements of 42 U.S.C. Sections
78-5 654A(e) and 654B. The registry and unit shall:
78-6 (1) maintain records of child support orders in Title
78-7 IV-D cases and in other cases in which a child support order has
78-8 been established or modified in this state on or after October 1,
78-9 1998;
78-10 (2) receive, maintain, and furnish records of child
78-11 support payments in Title IV-D cases and other cases as required by
78-12 law;
78-13 (3) in a Title IV-D case, monitor support payments and
78-14 initiate appropriate enforcement actions immediately on the
78-15 occurrence of a delinquency in payment;
78-16 (4) distribute child support payments as required by
78-17 law; and
78-18 (5) maintain custody of official child support payment
78-19 records in the registry and disbursement unit.
78-20 Sec. 234.002. INTEGRATED SYSTEM FOR CHILD SUPPORT AND
78-21 MEDICAL SUPPORT ENFORCEMENT. The statewide integrated system for
78-22 child support and medical support enforcement under Chapter 231
78-23 shall be part of the unified state case registry and state
78-24 disbursement unit authorized by this subchapter.
78-25 Sec. 234.003. WORK GROUP; COOPERATION REQUIRED. (a) The
79-1 Title IV-D agency shall convene a work group to develop procedures
79-2 for the establishment and operation of the unified state case
79-3 registry and disbursement unit. The work group shall consist of
79-4 representatives of the judiciary, district clerks, domestic
79-5 relations offices, and the bureau of vital statistics, as well as
79-6 other county and state agencies, and other appropriate entities,
79-7 identified by the Title IV-D agency. To the extent possible, the
79-8 work group shall consolidate the reporting of information relating
79-9 to court orders required of clerks of courts under this title.
79-10 (b) The Title IV-D agency shall, in cooperation with the
79-11 work group established under this section, adopt rules and
79-12 prescribe forms to implement this subchapter.
79-13 Sec. 234.004. CONTRACTS AND COOPERATIVE AGREEMENTS. The
79-14 Title IV-D agency may enter into contracts and cooperative
79-15 agreements as necessary to establish and operate the state case
79-16 registry and state disbursement unit authorized under this
79-17 subchapter.
79-18 Sec. 234.005. APPLICATION OF LAWS REQUIRING REPORTING TO
79-19 REGISTRY. (a) The requirements in Sections 105.006(b) and
79-20 105.008(a) that certain information be provided to the state case
79-21 registry do not apply until the registry is established under this
79-22 subchapter.
79-23 (b) This section expires September 1, 1999.
79-24 (Sections 234.006-234.100 reserved for expansion
79-25 SUBCHAPTER B. STATE DIRECTORY OF NEW HIRES
80-1 Sec. 234.101. DEFINITIONS. In this subchapter:
80-2 (1) "Employee" means an individual who is an employee
80-3 within the meaning of Chapter 24 of the Internal Revenue Code of
80-4 1986 (26 U.S.C. Section 3401(c)). The term does not include an
80-5 employee of a state agency performing intelligence or
80-6 counterintelligence functions if the head of the agency has
80-7 determined that reporting employee information under this
80-8 subchapter could endanger the safety of the employee or compromise
80-9 an ongoing investigation or intelligence activity.
80-10 (2) "Employer" has the meaning given that term by
80-11 Section 3401(d) of the Internal Revenue Code of 1986 (26 U.S.C.
80-12 Section 3401(d)) and includes a governmental entity and a labor
80-13 organization, as that term is identified in Section 2(5) of the
80-14 National Labor Relations Act (29 U.S.C. Section 152(5)), including
80-15 an entity, also known as a "hiring hall," used by the labor
80-16 organization and an employer to carry out requirements of an
80-17 agreement between the organization and an employer described in
80-18 Section 8(f)(3) of that Act (29 U.S.C. Section 158(f)(3)).
80-19 Sec. 234.102. In cooperation with the Texas Workforce
80-20 Commission, the Title IV-D agency shall develop and operate a state
80-21 directory to which employers in the state shall report each newly
80-22 hired or rehired employee in accordance with the requirements of 42
80-23 U.S.C. Section 653a.
80-24 Sec. 234.103. The Title IV-D agency may enter into
80-25 cooperative agreements and contracts as necessary to create and
81-1 operate the directory authorized under this subchapter.
81-2 Sec. 234.104. The Title IV-D agency by rule shall establish
81-3 procedures for reporting employee information and for operating a
81-4 state directory of new hires meeting the requirements of federal
81-5 law.
81-6 SECTION 93. Subdivision (4), Section 24.002, Business &
81-7 Commerce Code, is amended to read as follows:
81-8 (4) "Creditor" means a person, including a spouse,
81-9 minor, person entitled to receive court or administratively ordered
81-10 child support for the benefit of a child, or ward, who has a claim.
81-11 SECTION 94. (a) Sections 157.065(d), 157.322(c) through
81-12 (e), 158.107, 158.305, 231.004, 231.430, and 231.431, Family Code,
81-13 are repealed.
81-14 (b) Section 231.304, Family Code, is repealed on October 1,
81-15 1998.
81-16 SECTION 95. (a) This Act takes effect September 1, 1997.
81-17 (b) The change in law made by this Act does not affect a
81-18 proceeding under the Family Code pending on the effective date of
81-19 this Act. A proceeding pending on the effective date of this Act
81-20 is governed by the law in effect at the time the proceeding was
81-21 commenced, and the former law is continued in effect for that
81-22 purpose.
81-23 (c) The enactment of this Act does not by itself constitute
81-24 a material and substantial change of circumstances sufficient to
81-25 warrant modification of a court order or portion of a decree that
82-1 provides for the support of or possession of or access to a child
82-2 entered before the effective date of this Act.
82-3 (d) The requirement that an employer report a newly hired or
82-4 rehired employee to the state directory of new hires under
82-5 Subchapter B, Chapter 234, Family Code, as added by this Act, takes
82-6 effect October 1, 1998.
82-7 SECTION 96. The importance of this legislation and the
82-8 crowded condition of the calendars in both houses create an
82-9 emergency and an imperative public necessity that the
82-10 constitutional rule requiring bills to be read on three several
82-11 days in each house be suspended, and this rule is hereby suspended.