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