1-1 By: Zaffirini S.B. No. 29
1-2 (In the Senate - Filed March 13, 1997; March 17, 1997, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 14, 1997, reported favorably, as amended, by the following
1-5 vote: Yeas 11, Nays 0; April 14, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Harris
1-7 Amend S.B. No. 29 to read as follows:
1-8 (1) On page 2, line 32, strike SECTION 6 of the bill and
1-9 renumber the subsequent sections appropriately.
1-10 (2) On page 3, line 44, insert the following after the
1-11 period: "The record of an order shall include information provided
1-12 by the parties on a form developed by the Title IV-D agency. The
1-13 form shall be completed by the petitioner and submitted to the
1-14 clerk at the time the order is filed for record."
1-15 (3) On page 13, line 35, strike "notice" and substitute
1-16 "judicial writ [notice]".
1-17 (4) On page 16, lines 57-58, strike "in the absence of an
1-18 existing order,".
1-19 (5) On page 17, line 26, strike "42 U.S.C. Section 608" and
1-20 substitute "law".
1-21 (6) On page 26, line 4, strike "maternity" and substitute
1-22 "paternity".
1-23 (7) On page 30, line 11, insert ", and other appropriate
1-24 entities," after "agencies" and before "identified".
1-25 (8) On page 30, line 68 and 69, strike "and Section 232.003,
1-26 Family Code, as added by Chapter 665, Acts of the 74th Legislature,
1-27 1995,".
1-28 (9) On page 18, line 61, strike Subsection (c).
1-29 A BILL TO BE ENTITLED
1-30 AN ACT
1-31 relating to the implementation of the child support enforcement
1-32 provisions of Title III of the federal Personal Responsibility and
1-33 Work Opportunity Reconciliation Act of 1996; providing penalties.
1-34 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-35 SECTION 1. Section 101.011, Family Code, is amended to read
1-36 as follows:
1-37 Sec. 101.011. EARNINGS. "Earnings" means a payment to or
1-38 due an individual, regardless of source and how [compensation paid
1-39 or payable for personal services, whether] denominated. The term
1-40 includes a periodic or lump-sum payment for:
1-41 (1) [as] wages, salary, compensation received as an
1-42 independent contractor, overtime pay, severance pay, commission,
1-43 bonus, and interest income;
1-44 (2) [or otherwise. The term includes periodic]
1-45 payments made under [pursuant to] a pension, an annuity, workers'
1-46 compensation, and a disability or [and] retirement program;[,] and
1-47 (3) unemployment benefits.
1-48 SECTION 2. Section 101.012, Family Code, is amended to read
1-49 as follows:
1-50 Sec. 101.012. EMPLOYER. "Employer" means a person,
1-51 corporation, partnership, workers' compensation insurance carrier,
1-52 governmental entity, [and] the United States, or any other entity
1-53 that pays or owes earnings to an individual. The term [and]
1-54 includes, for the purposes of enrolling dependents in a group
1-55 health insurance plan, a union, trade association, or other similar
1-56 organization.
1-57 SECTION 3. Section 101.020, Family Code, is amended to read
1-58 as follows:
1-59 Sec. 101.020. MEDICAL SUPPORT. "Medical support" means
1-60 periodic payments or a lump-sum payment made under an [a court]
1-61 order to cover medical expenses, including health insurance
1-62 coverage, incurred for the benefit of a child.
1-63 SECTION 4. Section 101.034, Family Code, is amended to read
1-64 as follows:
2-1 Sec. 101.034. TITLE IV-D CASE. "Title IV-D case" means an
2-2 action in which services are provided by the Title IV-D agency [to
2-3 establish or enforce support obligations filed] under Part D, Title
2-4 IV, of the federal Social Security Act (42 U.S.C. Section 651 et
2-5 seq.), relating to the location of an absent parent, determination
2-6 of parentage, or establishment, modification, or enforcement of a
2-7 child support or medical support obligation.
2-8 SECTION 5. Chapter 101, Family Code, is amended by adding
2-9 Sections 101.0011, 101.0161, 101.0201, and 101.0301 to read as
2-10 follows:
2-11 Sec. 101.0011. ADMINISTRATIVE WRIT OF WITHHOLDING.
2-12 "Administrative writ of withholding" means the document issued by
2-13 the Title IV-D agency and delivered to an employer directing that
2-14 earnings be withheld for payment of child support as provided by
2-15 Chapter 158.
2-16 Sec. 101.0161. JUDICIAL WRIT OF WITHHOLDING. "Judicial writ
2-17 of withholding" means the document issued by the clerk of a court
2-18 and delivered to an employer directing that earnings be withheld
2-19 for payment of child support as provided by Chapter 158.
2-20 Sec. 101.0201. NOTICE OF APPLICATION FOR JUDICIAL WRIT OF
2-21 WITHHOLDING. "Notice of application for judicial writ of
2-22 withholding" means the document delivered to an obligor and filed
2-23 with the court as required by Chapter 158 for the nonjudicial
2-24 determination of arrears and initiation of withholding.
2-25 Sec. 101.0301. STATE CASE REGISTRY. "State case registry"
2-26 means the registry established and operated by the Title IV-D
2-27 agency under 42 U.S.C. Section 654a that has responsibility for
2-28 maintaining records with respect to child support orders in all
2-29 Title IV-D cases and in all other cases in which a support order is
2-30 rendered or modified under this title on or after October 1, 1998.
2-31 SECTION 6. Subsection (b), Section 105.002, Family Code, is
2-32 amended to read as follows:
2-33 (b) A party may not demand a jury trial in:
2-34 (1) a suit in which adoption is sought, including a
2-35 trial on the issue of denial or revocation of consent to the
2-36 adoption by the managing conservator; or
2-37 (2) a suit to determine parentage under Chapter 160.
2-38 SECTION 7. Section 105.006, Family Code, is amended by
2-39 amending Subsections (b), (c), (e), and (g) and adding Subsection
2-40 (f) to read as follows:
2-41 (b) Except as provided by Subsection (c), the court shall
2-42 order each party to inform each other party, the court that
2-43 rendered the order, and the state case registry under Chapter 234
2-44 of an intended change in any of the information required by this
2-45 section as long as any person, as a result of the order, is under
2-46 an obligation to pay child support or is entitled to possession of
2-47 or access to a child. The court shall order that notice of the
2-48 intended change be given at the earlier of:
2-49 (1) the 60th day before the date the party intends to
2-50 make the change; or
2-51 (2) the fifth day after the date that the party knew
2-52 of the change, if the party did not know or could not have known of
2-53 the change in sufficient time to comply with Subdivision (1).
2-54 (c) If a court finds after notice and hearing that requiring
2-55 a party to provide the information required by this section to
2-56 another party is likely to cause the child or a conservator
2-57 harassment, abuse, serious harm, or injury, the court may:
2-58 (1) order the information not to be disclosed to
2-59 another party; or
2-60 (2) render any other order the court considers
2-61 necessary.
2-62 (e) Except as provided by Subsection (c), an order in a suit
2-63 that orders child support or possession of or access to a child
2-64 must also contain the following notice [order] in bold-faced type
2-65 or in capital letters:
2-66 "EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO
2-67 NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY
2-68 [WITHIN 10 DAYS AFTER THE DATE] OF ANY CHANGE IN THE PARTY'S
2-69 CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER,
3-1 NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT, DRIVER'S LICENSE NUMBER,
3-2 AND WORK TELEPHONE NUMBER. THE PARTY IS ORDERED TO GIVE NOTICE OF
3-3 AN INTENDED CHANGE IN ANY OF THE REQUIRED INFORMATION TO EACH OTHER
3-4 PARTY, THE COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 60TH
3-5 DAY BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR
3-6 COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO PROVIDE
3-7 60-DAY NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON
3-8 OR BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE
3-9 CHANGE.
3-10 "THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY,
3-11 THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY
3-12 PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY
3-13 CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
3-14 "FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO
3-15 PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY
3-16 WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER
3-17 LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A
3-18 FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP
3-19 TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY
3-20 JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS."
3-21 (f) Except for an action in which contempt is sought, in any
3-22 subsequent child support enforcement action, the court may, on a
3-23 showing that diligent effort has been made to determine the
3-24 location of a party, consider due process requirements for notice
3-25 and service of process to be met with respect to that party on
3-26 delivery of written notice to the most recent residential or
3-27 employer address filed by that party with the court and the state
3-28 case registry.
3-29 (g) The Title IV-D agency shall promulgate and provide forms
3-30 for a party to use in reporting to the court and, when established,
3-31 to the state case registry under Chapter 234 the information
3-32 required under this section [Notwithstanding another provision of
3-33 this section, a court in a county with a population of 2.8 million
3-34 or more shall order each party to inform the clerk of the court of
3-35 a change in information required by this section in the manner
3-36 provided by Subsection (b). The order required by Subsection (e)
3-37 shall reflect the notification requirement of this subsection].
3-38 SECTION 8. Chapter 105, Family Code, is amended by adding
3-39 Section 105.008 to read as follows:
3-40 Sec. 105.008. RECORD OF SUPPORT ORDER FOR STATE CASE
3-41 REGISTRY. (a) The clerk of the court shall provide the state case
3-42 registry with a record of a court order for child support as
3-43 required by procedures adopted under Section 234.003.
3-44 (b) To the extent federal funds are available, the Title
3-45 IV-D agency shall reimburse the clerk of the court for the costs
3-46 incurred in providing the record of support order required under
3-47 this section.
3-48 SECTION 9. Subsection (a), Section 110.002, Family Code, is
3-49 amended to read as follows:
3-50 (a) The clerk of the court may collect a filing fee of $15
3-51 in a suit for filing:
3-52 (1) a suit for modification;
3-53 (2) a motion for enforcement;
3-54 (3) a notice of application for judicial writ of
3-55 withholding [delinquency]; or
3-56 (4) a motion to transfer.
3-57 SECTION 10. Section 110.004, Family Code, is amended to read
3-58 as follows:
3-59 Sec. 110.004. FEE FOR ISSUING AND DELIVERING WITHHOLDING
3-60 ORDER OR WRIT. The clerk of the court may charge a reasonable fee,
3-61 not to exceed $15, for each order or writ of income withholding
3-62 issued by the clerk and delivered to an employer [by mail].
3-63 SECTION 11. Subsection (a), Section 154.007, Family Code, is
3-64 amended to read as follows:
3-65 (a) In [Except for good cause shown, or on agreement of the
3-66 parties, in] a proceeding in which periodic payments of child
3-67 support are ordered, modified, or enforced, the court or Title IV-D
3-68 agency shall order that income be withheld from the disposable
3-69 earnings of the obligor as provided by Chapter 158.
4-1 SECTION 12. Subsection (b), Section 154.184, Family Code, is
4-2 amended to read as follows:
4-3 (b) If the employee or member is eligible for dependent
4-4 health coverage, the employer [The child] shall [be] automatically
4-5 enroll the child [enrolled] for the first 31 days after the receipt
4-6 of the order or notice of the medical support order under Section
4-7 154.186 [by the employer] on the same terms and conditions as apply
4-8 to any other dependent child.
4-9 SECTION 13. Section 154.186, Family Code, is amended to read
4-10 as follows:
4-11 Sec. 154.186. NOTICE TO EMPLOYER CONCERNING MEDICAL SUPPORT.
4-12 The obligee, obligor, or a child support agency may send to the
4-13 employer a copy of the order requiring an employee to provide
4-14 health insurance coverage for a child or may include notice of the
4-15 medical support order in an order or writ of withholding sent to
4-16 the employer in accordance with Chapter 158.
4-17 SECTION 14. Subsections (a), (c), and (d), Section 154.187,
4-18 Family Code, are amended to read as follows:
4-19 (a) An order or notice under this subchapter to an employer
4-20 directing that health insurance coverage be provided to a child of
4-21 an employee or member is binding on a current or subsequent [the]
4-22 employer on receipt without regard to the date the order was
4-23 rendered. If the employee or member is eligible for dependent
4-24 health coverage for the child, the employer shall immediately
4-25 enroll the child in a health insurance plan regardless of whether
4-26 the employee is enrolled in the plan. If dependent coverage is not
4-27 available to the employee or member through the employer's health
4-28 insurance plan or enrollment cannot be made permanent or if the
4-29 employer is not responsible or otherwise liable for providing such
4-30 coverage, the employer shall provide notice to the sender in
4-31 accordance with Subsection (c).
4-32 (c) An employer who has received an order or notice under
4-33 this subchapter shall provide to the sender, by first class mail
4-34 not later than the 30th day after the date the employer receives
4-35 the order or notice, a statement that the child:
4-36 (1) has been enrolled in a health insurance plan; or
4-37 (2) cannot be enrolled or cannot be enrolled
4-38 permanently in a health insurance plan and provide the reason why
4-39 coverage or permanent coverage cannot be provided.
4-40 (d) If the employee ceases employment or if the health
4-41 insurance coverage lapses, the employer shall provide to the
4-42 sender, by first class mail not later than the 15th day after the
4-43 date of the termination of employment or the lapse of the coverage,
4-44 notice of the termination or lapse and of the availability of any
4-45 conversion privileges[, if any].
4-46 SECTION 15. Section 154.189, Family Code, is amended to read
4-47 as follows:
4-48 Sec. 154.189. NOTICE OF TERMINATION OR LAPSE OF INSURANCE
4-49 COVERAGE. (a) An obligor ordered to provide health insurance
4-50 coverage for a child must notify the obligee and any child support
4-51 agency enforcing a support obligation against the obligor of the:
4-52 (1) termination or lapse of health insurance coverage
4-53 for the child not later than the 15th day after the date of a
4-54 termination or lapse; and
4-55 (2) availability of additional health insurance to the
4-56 obligor for the child after a termination or lapse of coverage not
4-57 later than the 15th day after the date the insurance becomes
4-58 available.
4-59 (b) If termination of coverage results from a change of
4-60 employers, the obligor, the obligee, or the child support agency
4-61 may send the new employer a copy of the order requiring the
4-62 employee to provide health insurance for a child or notice of the
4-63 medical support order as provided by this subchapter.
4-64 SECTION 16. Subchapter D, Chapter 154, Family Code, is
4-65 amended by adding Section 154.193 to read as follows:
4-66 Sec. 154.193. MEDICAL SUPPORT ORDER NOT QUALIFIED. (a) If
4-67 a plan administrator or other person acting in an equivalent
4-68 position determines that a medical support order issued under this
4-69 subchapter does not qualify for enforcement under federal law, the
5-1 tribunal may, on its own motion or the motion of a party, render an
5-2 order that qualifies for enforcement under federal law.
5-3 (b) The procedure for filing a motion for enforcement of a
5-4 final order applies to a motion under this section. Service of
5-5 citation is not required, and a person is not entitled to a jury in
5-6 a proceeding under this section.
5-7 (c) The employer or plan administrator is not a necessary
5-8 party to a proceeding under this section.
5-9 SECTION 17. Subsection (a), Section 156.401, Family Code, is
5-10 amended to read as follows:
5-11 (a) Except as provided by Subsection (b), the court may
5-12 modify an order that provides for the support of a child if:
5-13 (1) the circumstances of the child or a person
5-14 affected by the order have materially and substantially changed
5-15 since the date of the order's rendition; or
5-16 (2) it has been three years since the order was
5-17 rendered or last modified and the monthly amount of the child
5-18 support award under the order differs by either 20 percent or $100
5-19 from the amount that would be awarded in accordance with the child
5-20 support guidelines.
5-21 SECTION 18. Subsection (b), Section 157.002, Family Code, is
5-22 amended to read as follows:
5-23 (b) A motion for enforcement of child support:
5-24 (1) must include the amount owed as provided in the
5-25 order, the amount paid, and the amount of arrearages;
5-26 (2) if contempt is requested, must include the portion
5-27 of the order allegedly violated and, for each date of alleged
5-28 contempt, the amount due and the amount paid, if any; [and]
5-29 (3) may include as an attachment a copy of a record of
5-30 child support payments maintained by the Title IV-D registry or a
5-31 local registry; and
5-32 (4) if the obligor owes arrearages for a child
5-33 receiving assistance under Part A of Title IV of the federal Social
5-34 Security Act (42 U.S.C. Section 601 et seq.), may include a request
5-35 that:
5-36 (A) the obligor pay the arrearages in accordance
5-37 with a plan approved by the court; or
5-38 (B) if the obligor is already subject to a plan
5-39 and is not incapacitated, the obligor participate in work
5-40 activities, as defined under 42 U.S.C. Section 607(d), that the
5-41 court determines appropriate.
5-42 SECTION 19. Subsection (a), Section 157.065, Family Code, is
5-43 amended to read as follows:
5-44 (a) If a party has been ordered under Chapter 105 to provide
5-45 the [clerk of the] court and the state case registry with the
5-46 party's current mailing address, notice of a motion for enforcement
5-47 may be served by mailing a copy of the notice to the respondent,
5-48 together with a copy of the motion, by first class mail to the last
5-49 mailing address of the respondent on file with the court and the
5-50 registry [clerk].
5-51 SECTION 20. Section 157.311, Family Code, is amended to read
5-52 as follows:
5-53 Sec. 157.311. DEFINITIONS. In this subchapter:
5-54 (1) "Claimant" means:
5-55 (A) the obligee or a private attorney
5-56 representing the obligee;
5-57 (B) the Title IV-D agency providing child
5-58 support services;
5-59 (C) a domestic relations office or local
5-60 registry; or
5-61 (D) an attorney appointed as a friend of the
5-62 court.
5-63 (2) "Court having continuing jurisdiction" is the
5-64 court of continuing, exclusive jurisdiction in this state or a
5-65 tribunal of another state having jurisdiction under the Uniform
5-66 Interstate Family Support Act or a substantially similar act.
5-67 (3) "Lien" means a child support lien.
5-68 SECTION 21. Section 157.312, Family Code, is amended by
5-69 adding Subsections (d), (e), and (f) to read as follows:
6-1 (d) A child support lien arises:
6-2 (1) by operation of law against real and personal
6-3 property of an obligor for all amounts of overdue support,
6-4 regardless of whether the amounts have been adjudicated or
6-5 otherwise determined, subject to the requirements of this
6-6 subchapter for recording and notice; or
6-7 (2) when a court having continuing jurisdiction or, in
6-8 a Title IV-D case, the Title IV-D agency determines an amount of
6-9 arrears owed by a child support obligor.
6-10 (e) A child support lien arising in another state may be
6-11 enforced in the same manner and to the same extent as a lien
6-12 arising in this state.
6-13 (f) A foreclosure action under this subchapter is not
6-14 required as a prerequisite to levy and execution on a judgment or
6-15 an administrative determination of arrears rendered after notice
6-16 and opportunity for hearing.
6-17 SECTION 22. Subsection (a), Section 157.313, Family Code, is
6-18 amended to read as follows:
6-19 (a) A child support lien notice must contain:
6-20 (1) the style, docket number, and identity of the
6-21 tribunal of this or another state [court] having continuing
6-22 jurisdiction of the child support action;
6-23 (2) the name, address, and, if available, the birth
6-24 date, driver's license number, and social security number of the
6-25 obligor;
6-26 (3) the name and social security number, if available,
6-27 of the obligee and the child;
6-28 (4) the amount of child support arrearages owed by the
6-29 obligor and the date of the signing [rendition] of the court order,
6-30 administrative order, or [issuance of the] writ that determined the
6-31 arrearages or the date and manner in which the arrearages were
6-32 determined;
6-33 (5) the rate of interest specified in the court order,
6-34 administrative order, or writ or, in the absence of a specified
6-35 interest rate, the rate provided for by law [Subchapter F]; and
6-36 (6) the name and address of the person or agency
6-37 asserting the lien [to whom the payment of the child support
6-38 arrearages shall be made].
6-39 SECTION 23. Section 157.314, Family Code, is amended to read
6-40 as follows:
6-41 Sec. 157.314. FILING LIEN NOTICE OR ABSTRACT OF JUDGMENT.
6-42 (a) A child support lien notice or an abstract of judgment for
6-43 past due child support may be filed by the claimant with the county
6-44 clerk of:
6-45 (1) [the county clerk of] any county in which the
6-46 obligor is believed to own nonexempt real or personal property;
6-47 (2) [or in] the county in which the obligor resides;
6-48 or
6-49 (3) the county in which the court having continuing
6-50 jurisdiction has venue of the suit affecting the parent-child
6-51 relationship.
6-52 (b) A child support lien notice may be filed with:
6-53 (1) [(2)] the clerk of the court in which a claim,
6-54 counterclaim, or suit by, or on behalf of, the obligor, including a
6-55 claim or potential right to proceeds from an estate as an heir,
6-56 beneficiary, or creditor, is pending, provided that a copy of the
6-57 lien is mailed to the attorney of record for the obligor, if any;
6-58 [or]
6-59 (2) [(3)] an attorney who represents the obligor in a
6-60 claim or counterclaim that has not been filed with a court;
6-61 (3) any other individual or organization believed to
6-62 be in possession of real or personal property of the obligor; or
6-63 (4) any governmental unit or agency that issues or
6-64 records certificates, titles, or other indicia of property
6-65 ownership.
6-66 SECTION 24. Section 157.316, Family Code, is amended to read
6-67 as follows:
6-68 Sec. 157.316. PERFECTION OF CHILD SUPPORT LIEN. A child
6-69 support lien is perfected [attaches] when an abstract of judgment
7-1 for past due child support or a child support lien notice is filed
7-2 with the county clerk as provided by this subchapter.
7-3 SECTION 25. Subsection (a), Section 157.317, Family Code, is
7-4 amended to read as follows:
7-5 (a) A lien attaches to all real and personal property not
7-6 exempt under the Texas Constitution, including a claim for
7-7 negligence, personal injury, or workers' compensation, or an
7-8 insurance award for the claim, owned by the obligor on or after the
7-9 date the lien notice or abstract of judgment is filed with the
7-10 county clerk of the county in which the property is located, with
7-11 the court clerk as to property or claims in litigation, or, as to
7-12 property of the obligor in the possession or control of a third
7-13 party, from the date the lien notice is filed with that party
7-14 [attaches].
7-15 SECTION 26. Section 157.318, Family Code, is amended to read
7-16 as follows:
7-17 Sec. 157.318. DURATION AND EFFECT OF CHILD SUPPORT LIEN.
7-18 (a) A lien is effective until all current support and child
7-19 support arrearages, including interest, have been paid or the lien
7-20 is otherwise released as provided by this subchapter [for 10 years
7-21 from the date the notice is recorded in the county clerk's office
7-22 in the county where the property of the obligor is located].
7-23 (b) The lien secures payment of all child support arrears
7-24 owed by the obligor under the underlying support order, including
7-25 arrearages that accrue after the administrative or judicial
7-26 determination of arrearages stated in the lien notice [may be
7-27 extended for an additional 10-year period by recording a lien
7-28 notice before the tenth anniversary of the date of the original
7-29 recording of the notice].
7-30 (c) The filing of a lien notice or abstract of judgment with
7-31 the county clerk is a record of the notice and has the same effect
7-32 as any other lien notice with respect to real property records.
7-33 SECTION 27. Section 157.319, Family Code, is amended to read
7-34 as follows:
7-35 Sec. 157.319. EFFECT OF LIEN NOTICE [ON PERSONAL PROPERTY].
7-36 (a) [The filing of a lien notice is a record of the notice.]
7-37 [(b)] If [a lien has been filed as provided in this
7-38 subchapter and] a person having notice of the lien possesses
7-39 nonexempt personal property of the obligor that may be subject to
7-40 the lien, the property may not be paid over, released, sold,
7-41 transferred, encumbered, or conveyed unless:
7-42 (1) a release of lien signed by the claimant is
7-43 delivered to the person in possession; or
7-44 (2) a court, after notice to the claimant and hearing,
7-45 has ordered the release of the lien because arrearages do not
7-46 exist.
7-47 (b) A person having notice of a child support lien who
7-48 violates this section may be joined as a party to a foreclosure
7-49 action under this chapter and is subject to the penalties provided
7-50 by this subchapter.
7-51 SECTION 28. Section 157.321, Family Code, is amended to read
7-52 as follows:
7-53 Sec. 157.321. DISCRETIONARY RELEASE OF LIEN. A claimant may
7-54 at any time release a lien on all or part of the property of the
7-55 obligor or return seized property, without liability, if assurance
7-56 of payment is considered adequate by the claimant or if the release
7-57 or return will facilitate the collection of the arrearages. The
7-58 release or return may not operate to prevent future action to
7-59 collect from the same or other property owned by the obligor.
7-60 SECTION 29. Subsections (a) and (b), Section 157.322, Family
7-61 Code, are amended to read as follows:
7-62 (a) On payment in full of the amount of child support due,
7-63 together with any costs and reasonable attorney's fees, the
7-64 claimant shall execute and deliver to the obligor or the obligor's
7-65 attorney a release of the child support lien.
7-66 (b) The release of lien is effective when filed with the
7-67 county clerk with whom the lien notice or abstract of judgment was
7-68 filed. A copy of the release of lien may be filed with any other
7-69 individual or organization that may have been served with a lien
8-1 notice under this subchapter [A child support lien release shall be
8-2 filed in the same manner as the notice of lien].
8-3 SECTION 30. Section 157.323, Family Code, is amended to read
8-4 as follows:
8-5 Sec. 157.323. FORECLOSURE OR SUIT TO DETERMINE ARREARAGES.
8-6 (a) In addition to any other remedy provided by law [When a lien
8-7 notice has been filed under this subchapter], an action to
8-8 foreclose a child support lien or to dispute the amount of
8-9 arrearages stated in the lien [on nonexempt real or personal
8-10 property] may be brought in the court of continuing jurisdiction
8-11 or, if there is no court of continuing jurisdiction in this state,
8-12 in the district court of the county in which the property is or was
8-13 located and the lien was filed.
8-14 (b) The procedures provided by Subchapter B apply to a
8-15 foreclosure action under this section, except that a person or
8-16 organization in possession of the property of the obligor may be
8-17 joined as an additional respondent.
8-18 (c) If [After notice to the obligor and the claimant, the
8-19 court shall conduct a hearing and, if] arrearages are owed by the
8-20 obligor, the court shall:
8-21 (1) render judgment against the obligor for the amount
8-22 due, plus costs and reasonable attorney's fees; [and]
8-23 (2) order any official authorized to levy execution to
8-24 satisfy the lien, costs, and attorney's fees by selling any
8-25 property on which a lien is established under this subchapter; or
8-26 (3) order an individual or organization in possession
8-27 of nonexempt personal property or cash owned by the obligor to
8-28 dispose of the property as the court may direct.
8-29 (d) For execution and sale [(c) In all sales contemplated]
8-30 under this section, publication of notice is necessary only for
8-31 three consecutive weeks in a newspaper published in the county
8-32 where the property is located or, if there is no newspaper in that
8-33 county, in the most convenient newspaper in circulation in the
8-34 county.
8-35 SECTION 31. Section 157.324, Family Code, is amended to read
8-36 as follows:
8-37 Sec. 157.324. LIABILITY FOR FAILURE TO COMPLY WITH ORDER OR
8-38 LIEN. A person who knowingly disposes of property subject to a
8-39 lien or who, after a foreclosure hearing, fails to surrender on
8-40 demand nonexempt personal property as directed by a court or
8-41 administrative order [seized] under this subchapter is liable to
8-42 the claimant in an amount equal to the arrearages for which the
8-43 foreclosure judgment was issued.
8-44 SECTION 32. Subsection (b), Section 157.325, Family Code, is
8-45 amended to read as follows:
8-46 (b) If the claimant refuses the request, the holder of the
8-47 personal property or the obligor may file suit under this
8-48 subchapter for an order determining the amount of arrearages and
8-49 discharging [petition the court of competent jurisdiction for
8-50 discharge of] excess personal property or money from the lien.
8-51 SECTION 33. Section 157.326, Family Code, is amended to read
8-52 as follows:
8-53 Sec. 157.326. INTEREST OF OBLIGOR'S SPOUSE. (a) A spouse
8-54 of an obligor may file an affidavit with the [a] court of
8-55 continuing [competent] jurisdiction or, if there is no court of
8-56 continuing jurisdiction in this state, in the district court of the
8-57 county in which the property is or was located and the lien was
8-58 filed requesting that the court determine the extent, if any, of
8-59 the spouse's interest in real or personal property that is subject
8-60 to:
8-61 (1) a lien perfected under this subchapter; or
8-62 (2) an action to foreclose under this subchapter.
8-63 (b) After notice to the obligor, obligor's spouse, [and] the
8-64 claimant, and the obligee, the court shall conduct a hearing and
8-65 determine the extent, if any, of the ownership interest in the
8-66 property held by the obligor's spouse. If the court finds that:
8-67 (1) the property is the separate property of the
8-68 obligor's spouse, the court shall order that the lien against the
8-69 property be released and that any action to foreclose on the
9-1 property be dismissed; or
9-2 (2) the property is jointly owned by the obligor and
9-3 the obligor's spouse, the court shall determine whether the sale of
9-4 the obligor's interest in the property would result in an
9-5 unreasonable hardship on the obligor's spouse or family and:
9-6 (A) if so, the court shall render an order that
9-7 the obligor's interest in the property not be sold and that the
9-8 lien against the property should be released; or
9-9 (B) if not, the court shall render an order
9-10 partitioning the property and directing that the property be sold
9-11 and the proceeds applied to the child support arrearages
9-12 [consistent with the provisions of this subchapter].
9-13 (c) In a proceeding under this section, [subsection in
9-14 which] the spouse claiming [of the obligor claims by affidavit] an
9-15 ownership interest in the property[, the claimant] has the burden
9-16 to prove the extent of that [the obligor's] ownership interest.
9-17 SECTION 34. Section 158.001, Family Code, is amended to read
9-18 as follows:
9-19 Sec. 158.001. INCOME WITHHOLDING; GENERAL RULE [IN ORIGINAL
9-20 SUIT]. In [Except for good cause shown or on agreement of the
9-21 parties, in] a proceeding in which periodic payments of child
9-22 support are ordered, [or] modified, or enforced, the court or the
9-23 Title IV-D agency shall order that income be withheld from the
9-24 disposable earnings of the obligor as provided by this chapter.
9-25 SECTION 35. Section 158.002, Family Code, is amended to read
9-26 as follows:
9-27 Sec. 158.002. SUSPENSION OF INCOME WITHHOLDING [IN
9-28 SUBSEQUENT ACTION]. Except in a Title IV-D case, the [The] court
9-29 may provide, for good cause shown or on agreement of the parties,
9-30 that the [shall] order withholding income need not be issued or
9-31 delivered to an employer until [withholding in a motion for
9-32 enforcement if the court finds that at the time of filing of the
9-33 motion]:
9-34 (1) the obligor has been in arrears for an amount due
9-35 for more than 30 days; [and]
9-36 (2) the amount of the arrearages is an amount equal to
9-37 or greater than the amount due for a one-month period; or
9-38 (3) any other violation of the child support order has
9-39 occurred.
9-40 SECTION 36. Section 158.006, Family Code, is amended to read
9-41 as follows:
9-42 Sec. 158.006. INCOME WITHHOLDING IN TITLE IV-D SUITS. In a
9-43 Title IV-D case, the court or the Title IV-D agency shall order
9-44 that income be withheld from the disposable earnings of the obligor
9-45 and may not suspend, stay, or delay issuance of the order or of a
9-46 judicial or administrative writ of withholding [and that all child
9-47 support payments be paid through a local registry or directly to
9-48 the Title IV-D agency].
9-49 SECTION 37. Section 158.009, Family Code, is amended to read
9-50 as follows:
9-51 Sec. 158.009. MAXIMUM AMOUNT WITHHELD FROM EARNINGS. An
9-52 order or writ of withholding shall direct that any employer of the
9-53 obligor withhold from the obligor's disposable earnings the amount
9-54 specified [in the order] up to a maximum amount of 50 percent of
9-55 the obligor's disposable earnings.
9-56 SECTION 38. Section 158.010, Family Code, is amended to read
9-57 as follows:
9-58 Sec. 158.010. ORDER OR WRIT BINDING ON EMPLOYER DOING
9-59 BUSINESS IN STATE. An order or writ of withholding issued under
9-60 this chapter and delivered to an employer doing business in this
9-61 state is binding on the employer without regard to whether the
9-62 obligor resides or works outside this state.
9-63 SECTION 39. Subsection (a), Section 158.011, Family Code, is
9-64 amended to read as follows:
9-65 (a) An obligor may file with the clerk of the court a
9-66 notarized or acknowledged request signed by the obligor and the
9-67 obligee for the issuance and delivery to the obligor's employer of
9-68 a writ of withholding. A notarized or acknowledged request may be
9-69 filed under this section regardless of whether a writ or order
10-1 [notice of delinquency] has been served on any party or of the
10-2 existence or amount of an arrearage.
10-3 SECTION 40. Section 158.102, Family Code, is amended to read
10-4 as follows:
10-5 Sec. 158.102. TIME LIMITATIONS. The court retains
10-6 jurisdiction to render an order that provides for income to be
10-7 withheld from the disposable earnings of the obligor until all
10-8 current support and child support arrearages, including interest,
10-9 have been paid [if the motion for income withholding is filed not
10-10 later than the fourth anniversary of the date:]
10-11 [(1) the child becomes an adult;]
10-12 [(2) the child support obligation terminates as
10-13 provided in the order or by operation of law; or]
10-14 [(3) an order of withholding was rendered or a writ of
10-15 withholding was issued and arrearages have not been fully
10-16 discharged].
10-17 SECTION 41. Section 158.103, Family Code, is amended to read
10-18 as follows:
10-19 Sec. 158.103. CONTENTS OF ORDER OF WITHHOLDING. An order of
10-20 withholding shall state:
10-21 (1) the style, cause number, and court having
10-22 continuing jurisdiction of the suit;
10-23 (2) the name, address, and, if available, the social
10-24 security number of the obligor;
10-25 (3) the amount and duration of the child support
10-26 payments and medical support payments or other provisions for
10-27 medical support;
10-28 (4) the name, address, and, if available, the social
10-29 security numbers of the child and the obligee;
10-30 (5) the name and address of the person or agency to
10-31 whom the payments shall be made;
10-32 (6) that the obligor is required to notify the court
10-33 promptly of any change affecting the order; and
10-34 (7) that the ordered amount shall be paid to a local
10-35 registry or the Title IV-D agency.
10-36 SECTION 42. Subsection (a), Section 158.106, Family Code, is
10-37 amended to read as follows:
10-38 (a) The Title IV-D agency shall prescribe forms [a form]
10-39 for:
10-40 (1) an [the] order of withholding that is sufficient
10-41 if rendered [by a court] in substantially the prescribed manner;
10-42 (2) a notice of application for judicial writ of
10-43 withholding; [and]
10-44 (3) a judicial writ of withholding as [that is
10-45 sufficient when issued by the clerk of the court substantially in
10-46 the manner] provided by Subchapter D; and
10-47 (4) an administrative writ of withholding, including
10-48 forms and procedures for electronic issuance of the writ, as
10-49 provided by Subchapter F [E].
10-50 SECTION 43. Section 158.201, Family Code, is amended to read
10-51 as follows:
10-52 Sec. 158.201. ORDER OR WRIT BINDING ON [NOTICE TO] EMPLOYER.
10-53 (a) An employer required [who may be directed] to withhold income
10-54 from earnings is not entitled to [as provided by this chapter need
10-55 not be given] notice of the proceedings before the order is
10-56 rendered or writ of withholding is issued.
10-57 (b) An order or writ of withholding is binding on an
10-58 employer regardless of whether the employer is specifically named
10-59 in the order or writ.
10-60 SECTION 44. Section 158.202, Family Code, is amended to read
10-61 as follows:
10-62 Sec. 158.202. EFFECTIVE DATE OF AND DURATION OF WITHHOLDING.
10-63 An employer shall begin to withhold income in accordance with an
10-64 order or writ of withholding not later than the first pay period
10-65 following the date on which the order or writ was delivered to the
10-66 employer and shall continue to withhold income as required by
10-67 [provided in] the order or writ as long as the obligor is employed
10-68 by the employer.
10-69 SECTION 45. Section 158.205, Family Code, is amended to read
11-1 as follows:
11-2 Sec. 158.205. HEARING REQUESTED BY EMPLOYER. (a) Not later
11-3 than the 20th day after the date an order or writ of withholding is
11-4 delivered, the employer may, as appropriate, file a motion with the
11-5 court or file a request with the Title IV-D agency for a hearing on
11-6 the applicability of the order or writ to the employer. The Title
11-7 IV-D agency by rule shall establish procedures for an agency
11-8 hearing under this section.
11-9 (b) The hearing under this section shall be held not later
11-10 than the 15th day after the date the motion or request was made
11-11 [filed].
11-12 (c) An order or writ of withholding remains binding and
11-13 payments shall continue to be made pending further order of the
11-14 court or, in the case of an administrative writ, action of the
11-15 Title IV-D agency.
11-16 SECTION 46. Subsection (a), Section 158.206, Family Code, is
11-17 amended to read as follows:
11-18 (a) An employer receiving an order or a writ of withholding
11-19 under this chapter, including an order or writ directing that
11-20 health insurance be provided to a child, who complies with the
11-21 order or writ is not liable to the obligor for the amount of income
11-22 withheld and paid as required by the [provided in the] order or
11-23 writ.
11-24 SECTION 47. Subsection (b), Section 158.207, Family Code, is
11-25 amended to read as follows:
11-26 (b) If the total amount due under the orders or writs
11-27 exceeds the maximum amount allowed to be withheld under Section
11-28 158.009, the employer shall pay an equal amount towards the current
11-29 support in each order or writ [portion of all orders or writs]
11-30 until the employer has complied fully with each current support
11-31 obligation [order or writ] and, thereafter, equal amounts on the
11-32 arrearages until the employer has complied with each order or writ,
11-33 or until the maximum total amount of allowed withholding is
11-34 reached, whichever occurs first.
11-35 SECTION 48. Subsections (c) and (d), Section 158.209, Family
11-36 Code, are amended to read as follows:
11-37 (c) If an employer intentionally discharges an employee in
11-38 violation of this section, the employer continues to be liable to
11-39 the employee for current wages and other benefits and for
11-40 reasonable attorney's fees and court costs incurred [by the
11-41 employee] in enforcing the employee's rights as provided in this
11-42 section.
11-43 (d) An action under this section may be brought [only] by
11-44 the employee, a friend of the court, the domestic relations office,
11-45 or the Title IV-D agency.
11-46 SECTION 49. The heading for Subchapter D, Chapter 158,
11-47 Family Code, is amended to read as follows:
11-48 SUBCHAPTER D. JUDICIAL WRIT OF WITHHOLDING ISSUED BY CLERK
11-49 SECTION 50. Section 158.301, Family Code, is amended to read
11-50 as follows:
11-51 Sec. 158.301. NOTICE OF APPLICATION FOR JUDICIAL WRIT OF
11-52 WITHHOLDING; FILING. (a) A notice of application for judicial
11-53 writ of withholding may be filed if:
11-54 (1) a delinquency occurs in child support payments in
11-55 an amount equal to or greater than the total support due for one
11-56 month; or
11-57 (2) income withholding was not ordered at the time
11-58 child support was ordered.
11-59 (b) The notice of application for judicial writ of
11-60 withholding may be filed in the court of continuing jurisdiction
11-61 by:
11-62 (1) the Title IV-D agency;
11-63 (2) the attorney representing the local domestic
11-64 relations office;
11-65 (3) the attorney appointed a friend of the court as
11-66 provided in Chapter 202;
11-67 (4) the obligor or obligee; or
11-68 (5) a private attorney representing the obligor or
11-69 obligee.
12-1 (c) The Title IV-D agency may [shall] in a Title IV-D case
12-2 file a notice of application for judicial writ of withholding on
12-3 request of the obligor or obligee.
12-4 SECTION 51. Section 158.302, Family Code, is amended to read
12-5 as follows:
12-6 Sec. 158.302. CONTENTS OF NOTICE OF APPLICATION FOR JUDICIAL
12-7 WRIT OF WITHHOLDING. The notice of application for judicial writ
12-8 of withholding shall be verified and:
12-9 (1) state the amount of monthly support due, including
12-10 medical support, the amount of arrearages or anticipated
12-11 arrearages, including accrued interest, and the amount of wages
12-12 that will be withheld in accordance with a judicial [by the] writ
12-13 of withholding;
12-14 (2) state that the withholding applies to each current
12-15 or subsequent employer or period of employment;
12-16 (3) state that if the obligor does not contest the
12-17 withholding within 10 days after the date of receipt of the notice
12-18 [of withholding], the obligor's employer will be notified to begin
12-19 the withholding;
12-20 (4) describe the procedures for contesting the
12-21 issuance and delivery of a writ of withholding;
12-22 (5) state that if the obligor contests the
12-23 withholding, the obligor will be afforded an opportunity for a
12-24 hearing by the court not later than the 30th day after the date of
12-25 receipt of the notice of contest;
12-26 (6) state that the sole ground for successfully
12-27 contesting the issuance of a writ [notice] of withholding is a
12-28 dispute concerning the identity of the obligor or the existence or
12-29 amount of the arrearages, including accrued interest;
12-30 (7) describe the actions that may be taken [the
12-31 attorney will take] if the obligor contests the notice of
12-32 application for judicial writ of withholding, including the
12-33 procedures for suspending issuance of a writ of withholding; and
12-34 (8) include with the notice a suggested form for the
12-35 motion to stay issuance and delivery of the judicial writ of
12-36 withholding that the obligor may file with the clerk of the
12-37 appropriate court.
12-38 SECTION 52. Subsections (a) and (c), Section 158.303, Family
12-39 Code, are amended to read as follows:
12-40 (a) The [In a Title IV-D case, the] registration of a
12-41 foreign support order as provided in Chapter 159 is sufficient for
12-42 the filing of a notice of application for judicial writ of
12-43 withholding.
12-44 (c) Notice of application for judicial writ of withholding
12-45 may be delivered to the obligor at the same time that an order is
12-46 filed for registration under Chapter 159.
12-47 SECTION 53. Section 158.304, Family Code, is amended to read
12-48 as follows:
12-49 Sec. 158.304. ADDITIONAL ARREARAGES [ANTICIPATED
12-50 VIOLATIONS]. If the notice of application for judicial writ of
12-51 withholding states [claims] that the obligor has repeatedly failed
12-52 to pay support in accordance with the underlying support [violated
12-53 the] order, the judicial writ may include arrearages that accrue
12-54 [movant may plead anticipated future violations of a similar nature
12-55 may arise] between the filing of the notice and the date of the
12-56 hearing or the issuance of a judicial writ of withholding.
12-57 SECTION 54. Section 158.306, Family Code, is amended to read
12-58 as follows:
12-59 Sec. 158.306. DELIVERY OF NOTICE OF APPLICATION FOR JUDICIAL
12-60 WRIT OF WITHHOLDING; TIME OF DELIVERY. (a) A notice of
12-61 application for judicial writ of withholding may be delivered to
12-62 the obligor by:
12-63 (1) hand delivery by a person designated by the Title
12-64 IV-D agency or local domestic relations office;
12-65 (2) first-class or certified mail, return receipt
12-66 requested, addressed to the obligor's last known address or place
12-67 of employment; or
12-68 (3) by service of citation as in civil cases
12-69 generally.
13-1 (b) If the notice is delivered by mailing or hand delivery,
13-2 the party [attorney] who filed the notice shall file with the court
13-3 a certificate stating the name, address, and date on which the
13-4 mailing or hand delivery was made.
13-5 (c) Notice is considered to have been received by the
13-6 obligor:
13-7 (1) if hand delivered, on the date of delivery;
13-8 (2) if mailed by certified mail, on the date of
13-9 receipt;
13-10 (3) if mailed by first-class mail, on the 10th day
13-11 after the date the notice was mailed; or
13-12 (4) if delivered by service of citation, on the date
13-13 of service.
13-14 SECTION 55. Subsection (a), Section 158.307, Family Code, is
13-15 amended to read as follows:
13-16 (a) The obligor may stay issuance of a judicial writ of
13-17 withholding by filing a motion to stay [issuance] with the clerk of
13-18 court not later than the 10th day after the date the notice of
13-19 application for judicial writ of withholding was received.
13-20 SECTION 56. Section 158.308, Family Code, is amended to read
13-21 as follows:
13-22 Sec. 158.308. EFFECT OF FILING MOTION TO STAY. The filing
13-23 of a motion to stay [issuance] by an obligor in the manner provided
13-24 by Section 158.307 prohibits the clerk of court from delivering the
13-25 judicial writ of [income] withholding to any employer of the
13-26 obligor before a hearing is held.
13-27 SECTION 57. Section 158.309, Family Code, is amended to read
13-28 as follows:
13-29 Sec. 158.309. HEARING ON MOTION TO STAY. (a) If a motion
13-30 to stay [issuance] is filed in the manner provided by Section
13-31 158.307, the court shall set a hearing on the motion and the clerk
13-32 of court shall notify the obligor, obligee, or their authorized
13-33 representatives, and the party [attorney] who filed the application
13-34 for notice of withholding of the date, time, and place of the
13-35 hearing.
13-36 (b) The court shall hold a hearing on the motion to stay not
13-37 later than the 30th day after the date the motion was filed, except
13-38 that a hearing [on a motion to stay in a proceeding that is not in
13-39 a Title IV-D case] may be held later than the 30th day after filing
13-40 if both the obligor and obligee agree and waive the right to have
13-41 the motion heard within 30 days.
13-42 (c) Upon [After the] hearing, the court shall:
13-43 (1) render an order for income withholding that
13-44 includes a determination of the amount of child support arrearages,
13-45 including medical support and interest; or
13-46 (2) grant the motion to stay [deny the requested
13-47 relief not later than the 45th day after the date the notice of
13-48 withholding was received by the obligor].
13-49 SECTION 58. Subsections (a) and (c), Section 158.310, Family
13-50 Code, are amended to read as follows:
13-51 (a) A defect in a notice of application for judicial writ of
13-52 withholding is waived unless the respondent specially excepts in
13-53 writing and cites with particularity the alleged defect, obscurity,
13-54 or other ambiguity in the notice.
13-55 (c) If the court sustains an exception, the court shall
13-56 provide the party [attorney] filing the notice [of withholding] an
13-57 opportunity to refile [the notice] and the court shall continue the
13-58 hearing to a date certain without the requirement of additional
13-59 service.
13-60 SECTION 59. Subsection (a), Section 158.311, Family Code, is
13-61 amended to read as follows:
13-62 (a) Payment of arrearages after receipt of notice of
13-63 application for judicial writ of withholding may not be the sole
13-64 basis for the court to refuse to order withholding.
13-65 SECTION 60. Subsection (a), Section 158.312, Family Code, is
13-66 amended to read as follows:
13-67 (a) If a notice of application for judicial writ of
13-68 withholding is delivered and a motion to stay is not filed within
13-69 the time limits provided by Section 158.307, the party [attorney]
14-1 who filed the notice [of withholding] shall file with the clerk of
14-2 the court a request for issuance of the writ of withholding stating
14-3 the amount of current support, including medical support, the
14-4 amount of arrearages, and the amount to be withheld from the
14-5 obligor's income [by the clerk of the court].
14-6 SECTION 61. Section 158.314, Family Code, is amended to read
14-7 as follows:
14-8 Sec. 158.314. CONTENTS OF WRIT OF WITHHOLDING. The judicial
14-9 writ of income withholding issued by the clerk must direct that the
14-10 employer or a subsequent employer [to] withhold from the obligor's
14-11 disposable income for current child support, including medical
14-12 support, and child support arrearages an amount that is consistent
14-13 with the provisions of this chapter regarding orders of
14-14 withholding.
14-15 SECTION 62. Section 158.315, Family Code, is amended to read
14-16 as follows:
14-17 Sec. 158.315. EXTENSION OF REPAYMENT SCHEDULE BY PARTY
14-18 [ATTORNEY]; UNREASONABLE HARDSHIP. If the party [attorney] who
14-19 filed the notice of application for judicial writ of withholding
14-20 finds that the schedule for repaying arrearages would cause the
14-21 obligor, the obligor's family, or the children for whom the support
14-22 is due from the obligor to suffer unreasonable hardship, the party
14-23 [attorney] may extend the payment period in the writ.
14-24 SECTION 63. Section 158.317, Family Code, is amended to read
14-25 as follows:
14-26 Sec. 158.317. FAILURE TO RECEIVE NOTICE OF APPLICATION FOR
14-27 JUDICIAL WRIT OF WITHHOLDING. (a) Not later than the 30th day
14-28 after the date of the first pay period following the date of
14-29 delivery of the writ of withholding to the obligor's employer, the
14-30 obligor may file an affidavit with the court that a motion to stay
14-31 [issuance and delivery] was not timely filed because the notice of
14-32 application for judicial writ of withholding was not received by
14-33 the obligor and that grounds exist for a motion to stay [issuance
14-34 and delivery].
14-35 (b) Concurrently with the filing of the affidavit, the
14-36 obligor may file a motion to withdraw the writ of [income]
14-37 withholding and request a hearing on the applicability of the writ
14-38 [notice of delinquency].
14-39 (c) Income withholding may not be interrupted until after
14-40 the hearing at which the court renders an order denying or
14-41 modifying withholding.
14-42 SECTION 64. Section 158.319, Family Code, is amended to read
14-43 as follows:
14-44 Sec. 158.319. ISSUANCE AND DELIVERY OF JUDICIAL WRIT OF
14-45 WITHHOLDING TO SUBSEQUENT EMPLOYER. (a) After the issuance of a
14-46 judicial writ of withholding by the clerk, a party [an attorney]
14-47 authorized to file a notice of application for judicial writ of
14-48 withholding under this subchapter may issue the judicial writ of
14-49 withholding to a subsequent employer of the obligor by delivering
14-50 to the employer by certified mail a copy of the writ.
14-51 (b) The judicial writ of withholding must include the name,
14-52 address, and signature of the party [attorney] and clearly indicate
14-53 that the writ is being issued to a subsequent employer.
14-54 (c) The party [attorney] shall file a copy of the judicial
14-55 writ of withholding with the clerk not later than the third working
14-56 day following delivery of the writ to the subsequent employer. The
14-57 party [attorney] shall pay the clerk a fee of $15 at the time the
14-58 copy of the writ is filed.
14-59 (d) The party [attorney] shall file the postal return
14-60 receipt from the delivery to the subsequent employer not later than
14-61 the third working day after the party [attorney] receives the
14-62 receipt.
14-63 SECTION 65. Subsection (b), Section 158.401, Family Code, is
14-64 amended to read as follows:
14-65 (b) At the request of the [The] Title IV-D agency, [shall
14-66 cause] the clerk of the court shall [to] issue a judicial [and to
14-67 deliver a] writ of withholding to the obligor's employer reflecting
14-68 any modification or changes in the amount to be withheld or the
14-69 termination of withholding.
15-1 SECTION 66. Section 158.402, Family Code, is amended to read
15-2 as follows:
15-3 Sec. 158.402. [EFFECT OF] AGREEMENT BY PARTIES REGARDING
15-4 AMOUNT OR DURATION OF WITHHOLDING. (a) An [If an] obligor and
15-5 obligee may agree on a reduction in or termination of income
15-6 withholding for child support on the occurrence of one of the
15-7 following contingencies stated in the order:
15-8 (1) the child becomes 18 years of age or is graduated
15-9 from high school, whichever is later;
15-10 (2) the child's disabilities of minority are removed
15-11 by marriage, court order, or other operation of law; or
15-12 (3) the child dies.
15-13 (b) The[, the] obligor and obligee may file a notarized or
15-14 acknowledged request with the clerk of the court under Section
15-15 158.011 for a revised judicial writ of withholding, including the
15-16 termination of withholding.
15-17 (c) The clerk shall issue and deliver to an employer of the
15-18 obligor a judicial writ of withholding [to the obligor's employer]
15-19 that reflects the agreed revision [modification] or [the]
15-20 termination of withholding.
15-21 (d) An agreement by the parties under this section does not
15-22 modify the terms of a support order.
15-23 SECTION 67. Chapter 158, Family Code, is amended by adding
15-24 Subchapter F to read as follows:
15-25 SUBCHAPTER F. ADMINISTRATIVE WRIT OF WITHHOLDING
15-26 IN TITLE IV-D CASES
15-27 Sec. 158.501. ISSUANCE OF ADMINISTRATIVE WRIT OF
15-28 WITHHOLDING. The Title IV-D agency may initiate income withholding
15-29 by issuing an administrative writ of withholding for the
15-30 enforcement of an existing order as authorized by this subchapter.
15-31 Sec. 158.502. WHEN ADMINISTRATIVE WRIT OF WITHHOLDING MAY BE
15-32 ISSUED. An administrative writ of withholding under this
15-33 subchapter may be issued at any time until all current support,
15-34 including medical support, and child support arrearages have been
15-35 paid.
15-36 Sec. 158.503. DELIVERY OF ADMINISTRATIVE WRIT TO EMPLOYER;
15-37 FILING WITH COURT. (a) An administrative writ of withholding
15-38 issued under this subchapter may be delivered to an employer by
15-39 mail or by electronic transmission.
15-40 (b) Not later than the third business day after the date of
15-41 delivery of the administrative writ of withholding to an employer,
15-42 the Title IV-D agency shall file a copy of the writ, together with
15-43 a certificate of service, in the court of continuing jurisdiction.
15-44 (c) The copy of the administrative writ of withholding filed
15-45 with the clerk of court must include:
15-46 (1) the name, address, and signature of the authorized
15-47 attorney or individual that issued the writ;
15-48 (2) the name and address of the employer served with
15-49 the writ; and
15-50 (3) a true copy of the information provided to the
15-51 employer.
15-52 Sec. 158.504. CONTENTS OF ADMINISTRATIVE WRIT OF
15-53 WITHHOLDING. (a) The administrative writ of withholding must be
15-54 in the form prescribed by the Title IV-D agency as required by this
15-55 chapter and in a standard format authorized by the United States
15-56 Department of Health and Human Services.
15-57 (b) An administrative writ of withholding issued under this
15-58 subchapter may contain only the information that is necessary for
15-59 the employer to comply with the existing withholding order,
15-60 including the amount of current support and medical support, the
15-61 amount of arrearages, accrued interest, and the amount of earnings
15-62 to be withheld.
15-63 Sec. 158.505. NOTICE TO OBLIGOR. (a) On issuance of an
15-64 administrative writ of withholding, the Title IV-D agency shall
15-65 send the obligor:
15-66 (1) notice that the withholding has commenced;
15-67 (2) notice of the procedures to follow if the obligor
15-68 desires to contest withholding on the grounds that the identity of
15-69 the obligor or the existence or amount of arrearages is incorrect;
16-1 and
16-2 (3) a copy of the administrative writ, including the
16-3 information concerning income withholding provided in the original
16-4 writ to the employer.
16-5 (b) The notice required under this section may be sent to
16-6 the obligor by:
16-7 (1) personal delivery by a person designated by the
16-8 Title IV-D agency;
16-9 (2) first-class mail or certified mail, return receipt
16-10 requested, addressed to the obligor's last known address; or
16-11 (3) service of citation as in civil cases generally.
16-12 (c) The copy of the administrative writ of withholding
16-13 delivered to the obligor shall include the information concerning
16-14 income withholding provided in the original writ to the employer.
16-15 Sec. 158.506. CONTEST BY OBLIGOR TO ADMINISTRATIVE WRIT OF
16-16 WITHHOLDING. (a) An obligor receiving the notice under Section
16-17 158.503 may request a review by the Title IV-D agency to resolve
16-18 any issue in dispute regarding the identity of the obligor or the
16-19 existence or amount of arrearages. The Title IV-D agency shall
16-20 provide an opportunity for a review, by telephonic conference or in
16-21 person, as may be appropriate under the circumstances.
16-22 (b) After a review under this section, the Title IV-D agency
16-23 may issue a new administrative writ of withholding to the employer,
16-24 including a writ modifying the amount to be withheld or terminating
16-25 withholding.
16-26 (c) If a review under this section fails to resolve any
16-27 issue in dispute, the obligor is entitled to the remedies provided
16-28 by Section 158.317 for cases in which a notice of an application
16-29 for judicial writ of withholding was not received. The obligor may
16-30 file a motion with the court to withdraw the administrative writ
16-31 and request a hearing with the court not later than the 30th day
16-32 after receiving notice of the agency's determination. Income
16-33 withholding may not be interrupted pending a hearing by the court.
16-34 Sec. 158.507. ADMINISTRATIVE WRIT TERMINATING WITHHOLDING.
16-35 An administrative writ to terminate withholding may be issued and
16-36 delivered to an employer by the Title IV-D agency when all current
16-37 support, including medical support, and child support arrearages
16-38 have been paid.
16-39 Sec. 158.508. INTERSTATE REQUEST FOR INCOME WITHHOLDING. An
16-40 administrative writ of withholding may be issued in a Title IV-D
16-41 interstate case on registration of a foreign support order as
16-42 provided in Chapter 159.
16-43 SECTION 68. Section 231.002, Family Code, is amended by
16-44 amending Subsection (d) and adding Subsections (e) and (f) to read
16-45 as follows:
16-46 (d) The Title IV-D agency may take the following
16-47 administrative actions [any action] with respect to the location of
16-48 a parent, the determination of parentage, and the establishment,
16-49 modification, and enforcement of child support and medical support
16-50 orders required by 42 U.S.C. Section 666(c), without obtaining an
16-51 order from any other judicial or administrative tribunal:
16-52 (1) issue an administrative subpoena, as provided by
16-53 Section 231.303, to obtain financial or other information;
16-54 (2) order genetic testing for parentage determination,
16-55 as provided by Chapter 233;
16-56 (3) order income withholding, in the absence of an
16-57 existing order, as provided by Chapter 233, and issue an
16-58 administrative writ of withholding, as provided by Chapter 158; and
16-59 (4) take any action with respect to execution,
16-60 collection, and release of a judgment or lien for child support
16-61 necessary to satisfy the judgment or lien, as provided by Chapter
16-62 157.
16-63 (e) The Title IV-D agency shall recognize and enforce the
16-64 authority of the Title IV-D agency of another state to take actions
16-65 similar to the actions listed in Subsection (d).
16-66 (f) The Title IV-D agency shall develop and use procedures
16-67 for the administrative enforcement of interstate cases meeting the
16-68 requirements of 42 U.S.C. Section 666(a)(14) under which the
16-69 agency:
17-1 (1) shall respond within five business days to a
17-2 request made by another state for assistance in a Title IV-D case;
17-3 and
17-4 (2) may, by electronic or other means, transmit to
17-5 another state a request for assistance in a Title IV-D case.
17-6 SECTION 69. Section 231.101, Family Code, is amended by
17-7 amending Subsection (b) and adding Subsections (c) and (d) to read
17-8 as follows:
17-9 (b) At the request of either the obligee or obligor
17-10 [parent], the Title IV-D agency shall review a child support order
17-11 once every three years and, if appropriate, adjust the support
17-12 amount to meet the requirements of the child support guidelines
17-13 under Chapter 154.
17-14 (c) Except as notice is included in the child support order,
17-15 a party subject to a support order shall be provided notice not
17-16 less than once every three years of the party's right to request
17-17 that the Title IV-D agency review and, if appropriate, adjust the
17-18 amount of ordered support.
17-19 (d) The Title IV-D agency may review a support order at any
17-20 time on a showing of a material and substantial change in
17-21 circumstances, taking into consideration the best interests of the
17-22 child.
17-23 SECTION 70. Subsection (a), Section 231.104, Family Code, is
17-24 amended to read as follows:
17-25 (a) To the extent authorized by 42 U.S.C. Section 608, the
17-26 [The] approval of an application for or the receipt of financial
17-27 assistance as provided by Chapter 31, Human Resources Code,
17-28 constitutes an assignment to the Title IV-D agency of any rights to
17-29 support from any other person that the applicant or recipient may
17-30 have personally or for a child for whom the applicant or recipient
17-31 is claiming assistance, including the right to the amount accrued
17-32 at the time the application is filed or the assistance is received.
17-33 SECTION 71. Section 231.105, Family Code, is amended to read
17-34 as follows:
17-35 Sec. 231.105. NOTICE OF CHANGE OF PAYEE [ASSIGNMENT].
17-36 (a) Child support payments for the benefit of a child whose
17-37 support rights have been assigned to the Title IV-D agency shall be
17-38 made payable to and transmitted to the Title IV-D agency.
17-39 (b) If a court has ordered support payments to be made to an
17-40 applicant for or recipient of financial assistance or to a person
17-41 other than the applicant or recipient, the Title IV-D agency shall,
17-42 on providing notice to the obligee and the obligor, direct the
17-43 obligor or other payor to make support payments payable to the
17-44 Title IV-D agency and to transmit the payments to the agency. The
17-45 Title IV-D agency shall [may] file a copy of the notice [of the
17-46 assignment] with the court ordering the payments and with the child
17-47 support registry. The notice must include:
17-48 (1) a statement that the child is an applicant for or
17-49 recipient of financial assistance, or a child other than a
17-50 recipient child for whom services are provided;
17-51 (2) the name of the child and the caretaker for whom
17-52 support has been ordered by the court;
17-53 (3) the style and cause number of the case in which
17-54 support was ordered; and
17-55 (4) instructions for the payment of [a request that
17-56 the payments] ordered support [be made payable and transmitted] to
17-57 the agency.
17-58 (c) On receipt of a copy of the notice under Subsection (b)
17-59 [and without a requirement of a hearing], the clerk of the court
17-60 shall file the notice in the appropriate case file [order that the
17-61 payments be made to the Title IV-D agency].
17-62 SECTION 72. Section 231.106, Family Code, is amended to read
17-63 as follows:
17-64 Sec. 231.106. NOTICE OF TERMINATION OF ASSIGNMENT. (a) On
17-65 termination of support rights to the Title IV-D agency, the [The]
17-66 Title IV-D agency shall, after providing notice to the obligee and
17-67 the obligor, send [may file] a notice of termination of assignment
17-68 to the obligor or other payor, which may direct [include a request]
17-69 that all or a portion of the payments be made payable to the agency
18-1 and to other persons who are entitled to receive the payments.
18-2 (b) The Title IV-D agency shall send a copy of the notice of
18-3 termination of assignment to the court ordering the support and to
18-4 the child support registry, and on [On] receipt of the notice [of
18-5 termination of assignment] the clerk of the court shall file the
18-6 notice in the appropriate case file [order that the payments be
18-7 directed as stated in the notice].
18-8 SECTION 73. Section 231.107, Family Code, is amended to read
18-9 as follows:
18-10 Sec. 231.107. CERTIFICATE OF ASSIGNMENT OR OF TERMINATION OF
18-11 ASSIGNMENT. If an abstract of judgment or a child support lien on
18-12 support amounts assigned to the Title IV-D agency under this
18-13 chapter has previously been filed of record, the agency shall file
18-14 for recordation, with the county clerk of each county in which such
18-15 abstract or lien has been filed, a certificate that a notice of
18-16 change of payee [an order of assignment] or a notice of termination
18-17 of assignment has been issued by the agency.
18-18 SECTION 74. Section 231.108, Family Code, is amended by
18-19 adding Subsection (e) to read as follows:
18-20 (e) The Title IV-D agency may not release information on the
18-21 physical location of a person if:
18-22 (1) a protective order has been entered with respect
18-23 to the person; or
18-24 (2) there is reason to believe that the release of
18-25 information may result in physical or emotional harm to the person.
18-26 SECTION 75. Section 231.301, Family Code, is amended to read
18-27 as follows:
18-28 Sec. 231.301. TITLE IV-D PARENT LOCATOR SERVICES. The
18-29 parent locator service conducted by the Title IV-D agency shall be
18-30 used to obtain information for child support enforcement purposes
18-31 regarding the identity, social security number, location
18-32 [whereabouts], employer and employment benefits, income, and assets
18-33 or debts [holdings] of any individual under an obligation to pay
18-34 child or medical support or to whom a support obligation is owed
18-35 [person when the information is to be used for the purposes of
18-36 locating the person and establishing or enforcing a support or
18-37 medical support obligation against the person].
18-38 SECTION 76. Section 231.302, Family Code, is amended by
18-39 amending Subsections (a), (b), (c), and (e) and adding Subsection
18-40 (g) to read as follows:
18-41 (a) The Title IV-D agency of this or another state may
18-42 [shall attempt to locate a person needed to establish or enforce a
18-43 support or medical support obligation and is entitled to] request
18-44 and obtain information relating to the identity, location,
18-45 employment, compensation, benefits, income, and property holdings
18-46 or other assets of any [the] person from a state or local
18-47 government agency, private company, institution, or other entity as
18-48 necessary to establish, modify, or enforce a support order
18-49 [implement this chapter].
18-50 (b) A [state] government agency, private company,
18-51 institution, or other entity shall provide the [furnishing]
18-52 information requested under Subsection (a) and shall provide the
18-53 information, subject to safeguards for privacy and information
18-54 security, in the most efficient and expeditious manner available,
18-55 including electronic or automated transfer and interface. An
18-56 individual or entity disclosing information under this section in
18-57 response to a request from a Title IV-D agency may not be held
18-58 liable in a civil action or proceeding for the disclosure of the
18-59 information.
18-60 (c) To assist in the administration of laws relating to
18-61 child support enforcement under Parts A and D of Title IV of the
18-62 federal Social Security Act (42 U.S.C. Sections 601 et seq.
18-63 [601-617] and 651 et seq. [651-669]):
18-64 (1) each licensing authority responsible for issuing a
18-65 professional license, a commercial driver's license, or an
18-66 occupational license shall require that the social security number
18-67 of an applicant [request and each applicant] for a license be
18-68 recorded on the application [shall provide the applicant's social
18-69 security number];
19-1 (2) each agency administering a contract that provides
19-2 for a payment of state funds shall request and each individual or
19-3 entity bidding on a state contract shall provide the individual's
19-4 or entity's social security number as required by Section 231.006[,
19-5 Family Code]; and
19-6 (3) each agency administering a state-funded grant or
19-7 loan program shall request and each applicant for a grant or loan
19-8 shall provide the applicant's social security number as required by
19-9 Section 231.006[, Family Code].
19-10 (e) Except as provided by Subsection (d), a social security
19-11 number provided under this section is confidential and may be
19-12 disclosed only for the purposes of responding to a request for
19-13 information from an agency operating under the provisions of Part
19-14 [Parts] A or [and] D of Title IV of the federal Social Security Act
19-15 (42 U.S.C. Sections 601 et seq. [601-617] and 651 et seq.
19-16 [651-669]).
19-17 (g) In this section, "licensing authority" has the meaning
19-18 assigned by Section 232.001.
19-19 SECTION 77. Section 231.303, Family Code, is amended to read
19-20 as follows:
19-21 Sec. 231.303. TITLE IV-D ADMINISTRATIVE SUBPOENA. (a) The
19-22 Title IV-D agency of this state or another state may issue an
19-23 administrative subpoena to any individual or private or public
19-24 entity in this state [organization] to furnish information
19-25 necessary to carry out the purposes [provisions] of child support
19-26 enforcement under 42 U.S.C Section 651 et seq. or this chapter.
19-27 (b) An individual or entity [organization] receiving an
19-28 administrative [a] subpoena under this section shall comply with
19-29 the subpoena. The Title IV-D agency may impose a fine in an amount
19-30 not to exceed $500 on an individual or entity that fails without
19-31 good cause to comply with an administrative subpoena. An alleged
19-32 or presumed father or a parent who fails to comply with a subpoena
19-33 without good cause may also be subject to license suspension under
19-34 Chapter 232.
19-35 (c) A court may compel compliance with an administrative
19-36 subpoena and with any administrative fine for failure to comply
19-37 with the subpoena and may award attorney's fees and costs to the
19-38 Title IV-D agency in enforcing an administrative subpoena on proof
19-39 that an individual or organization failed without good cause to
19-40 comply with the subpoena.
19-41 (d) An individual or organization may not be liable in a
19-42 civil action or proceeding for disclosing financial or other
19-43 information to a Title IV-D agency under this section. The Title
19-44 IV-D agency may disclose information in a financial record obtained
19-45 from a financial institution only to the extent necessary to
19-46 establish, modify, or enforce a child support obligation.
19-47 SECTION 78. Subchapter D, Chapter 231, Family Code, is
19-48 amended by adding Section 231.307 to read as follows:
19-49 Sec. 231.307. FINANCIAL INSTITUTION DATA MATCHES. (a) The
19-50 Title IV-D agency shall develop a system meeting the requirements
19-51 of 42 U.S.C. Section 666(a)(17) for the quarterly exchange of data
19-52 with financial institutions doing business in the state to identify
19-53 an account of an obligor owing past-due child support and enforce
19-54 support obligations against the obligor.
19-55 (b) The Title IV-D agency by rule shall establish procedures
19-56 for data matches authorized under this section.
19-57 (c) A financial institution providing information or
19-58 responding to a notice of child support lien provided under
19-59 Subchapter G, Chapter 157, or otherwise acting in good faith to
19-60 comply with the Title IV-D agency's procedures under this section
19-61 may not be liable under any federal or state law for any damages
19-62 that arise from those acts.
19-63 (d) In this section:
19-64 (1) "Financial institution" has the meaning assigned
19-65 by 42 U.S.C. Section 669a(d)(1); and
19-66 (2) "Account" means a demand deposit account, checking
19-67 or negotiable withdrawal order account, savings account, time
19-68 deposit account, or money market mutual fund account.
19-69 SECTION 79. Subchapter E, Chapter 231, Family Code, is
20-1 redesignated as Chapter 233, Family Code, and amended to read as
20-2 follows:
20-3 CHAPTER 233 [SUBCHAPTER E]. CHILD SUPPORT REVIEW PROCESS
20-4 TO ESTABLISH OR ENFORCE SUPPORT OBLIGATIONS
20-5 Sec. 233.001 [231.401]. PURPOSE. (a) The purpose of the
20-6 procedures specified in the child support review process authorized
20-7 by this chapter [subchapter] is to enable the Title IV-D agency
20-8 [provide child support agencies an opportunity] to take expedited
20-9 administrative [resolve routine child support] actions to
20-10 establish, modify, and enforce child support and medical support
20-11 obligations, to determine parentage, or to take any other action
20-12 authorized or required under Part D, Title IV, of the federal
20-13 Social Security Act (42 U.S.C. Section 651 et seq.), and Chapter
20-14 231 [through agreement of the parties or uncontested orders].
20-15 (b) A child support review order issued under this chapter
20-16 and confirmed by a court constitutes an order of the court and is
20-17 enforceable by any means available for the enforcement of child
20-18 support obligations under this code, including withholding income,
20-19 filing a child support lien, and suspending a license under Chapter
20-20 232.
20-21 Sec. 233.002 [231.402]. AGREEMENTS ENCOURAGED. To the
20-22 extent permitted by this chapter [subchapter], the Title IV-D
20-23 agency [child support agencies] shall [make the child support
20-24 review process understandable to all parties and shall] encourage
20-25 agreement of the parties [agreements].
20-26 Sec. 233.003 [231.403]. BILINGUAL FORMS REQUIRED. A notice
20-27 or other form used to implement administrative procedures under
20-28 this chapter [the child support review process] shall be printed in
20-29 both Spanish and English.
20-30 Sec. 233.004 [231.404]. INTERPRETER REQUIRED. If a party
20-31 participating in an administrative proceeding under this chapter [a
20-32 negotiation conference] does not speak English or is hearing
20-33 impaired, the Title IV-D [child support] agency shall provide for
20-34 interpreter services at no charge to the party [parties].
20-35 Sec. 233.005 [231.405]. INITIATING Administrative Actions
20-36 [CHILD SUPPORT REVIEW]. An administrative action under this
20-37 chapter [subchapter] may be initiated by issuing a notice of child
20-38 support review under Section 233.006 or a notice of proposed child
20-39 support review order under Section 233.009 to each party entitled
20-40 to notice.
20-41 Sec. 233.006 [231.406]. CONTENTS OF NOTICE OF CHILD SUPPORT
20-42 REVIEW. (a) The notice of child support review issued by the
20-43 Title IV-D agency must:
20-44 (1) describe the procedure for a child support review,
20-45 including the procedures for requesting a negotiation conference;
20-46 (2) inform the recipient that the recipient may be
20-47 represented by legal counsel during the review process or at a
20-48 court hearing;
20-49 (3) inform the recipient that the recipient may refuse
20-50 to participate or cease participation in the child support review
20-51 process, but that the refusal by the recipient to participate will
20-52 not prevent the completion of the process or the filing of a child
20-53 support review order;
20-54 (4) include an affidavit of financial resources to be
20-55 executed by the recipient; and
20-56 (5) include a request that the recipient designate, on
20-57 a form provided by the Title IV-D [child support] agency, an
20-58 address for mailing any subsequent [additional] notice to the
20-59 recipient.
20-60 (b) In addition to the information required by Subsection
20-61 (a), the notice of child support review must inform the recipient
20-62 that:
20-63 (1) the information requested on the form must be
20-64 returned to the Title IV-D [child support] agency not later than
20-65 the 15th day after the date the notice is received or delivered;
20-66 and
20-67 (2) if the requested information is not returned as
20-68 required, the [child support] agency may:
20-69 (A) [may] proceed with the review using the
21-1 information that is available to the agency; and
21-2 (B) [may] file a legal action without further
21-3 notice to the recipient, except as otherwise required by law.
21-4 Sec. 233.007 [231.407]. Service of NOTICE [BY MAIL]. (a) A
21-5 notice required in an administrative action under this chapter may
21-6 [subchapter must] be delivered by personal service or [served by]
21-7 first class mail [or certified mail] on each party entitled to
21-8 citation or notice as provided by Chapter 102.
21-9 (b) This section does not apply to notice required on filing
21-10 of a child support review order or to later judicial actions.
21-11 Sec. 233.008 [231.408]. ADMINISTRATIVE SUBPOENA IN CHILD
21-12 SUPPORT REVIEW. [(a)] In a child support review under this
21-13 chapter [subchapter], the Title IV-D [a child support] agency may
21-14 issue an administrative subpoena authorized under Chapter 231 to
21-15 any individual or organization believed to have financial or other
21-16 information needed to establish, modify, or enforce a support order
21-17 [on the financial resources of the parent or presumed or alleged
21-18 father].
21-19 [(b) A court may compel compliance with an administrative
21-20 subpoena and award attorney's fees and costs to a child support
21-21 agency enforcing an administrative subpoena on proof that an
21-22 individual or organization failed to comply with the subpoena
21-23 without good cause.]
21-24 Sec. 233.009 [231.409]. Notice of Proposed Child Support
21-25 Review Order; [SCHEDULING] NEGOTIATION CONFERENCE. (a) After an
21-26 investigation and assessment of financial resources, the Title IV-D
21-27 agency may serve on the parties a notice of proposed child support
21-28 review order in enforcing or modifying an existing order.
21-29 (b) The notice of proposed child support review order shall
21-30 state:
21-31 (1) the amount of periodic payment of child support
21-32 due, the amount of any overdue support that is owed as an arrearage
21-33 as of the date of the notice, and the amounts that are to be paid
21-34 by the obligor for current support due and in payment on the
21-35 arrearage owed;
21-36 (2) that the person identified in the notice as the
21-37 party responsible for payment of the support amounts may contest
21-38 the notice order on the grounds that:
21-39 (A) the respondent is not the responsible party;
21-40 (B) the dependent child is no longer entitled to
21-41 child support; or
21-42 (C) the amount of monthly support or arrearage
21-43 is incorrectly stated; and
21-44 (3) that, if the person identified in the notice as
21-45 the party responsible for payment of the support amounts does not
21-46 contest the notice in writing or request a negotiation conference
21-47 to discuss the notice not later than the 15th day after the date
21-48 the notice was delivered, the Title IV-D agency may file a child
21-49 support review order for child support and for medical support for
21-50 the child as provided by Chapter 154 according to the information
21-51 available to the agency.
21-52 (c) The Title IV-D [child support] agency may schedule a
21-53 negotiation conference without a request from a party.
21-54 (d) [(b)] The Title IV-D [child support] agency shall
21-55 schedule a negotiation conference on the timely request of a party.
21-56 (e) [(c)] The agency may conduct a [A] negotiation
21-57 conference, or any part of a negotiation conference, [may be
21-58 conducted] by telephone conference call, by video conference, as
21-59 well as in person and may adjourn the[. The negotiation]
21-60 conference [may be adjourned] for a reasonable time to permit
21-61 mediation of issues that cannot be resolved by the parties and the
21-62 [child support] agency.
21-63 Sec. 233.010 [231.410]. NOTICE OF [TIME FOR] NEGOTIATION
21-64 CONFERENCE; FAILURE TO ATTEND CONFERENCE [NOTICE REQUIRED].
21-65 (a) The Title IV-D agency shall notify all [All] parties entitled
21-66 to notice of the negotiation conference [shall be notified] of the
21-67 date, time, and place of the [negotiation] conference not later
21-68 than the 10th day before the date of the [negotiation] conference.
21-69 (b) If a party fails to attend the scheduled conference, the
22-1 agency may proceed with the review and file a child support review
22-2 order according to the information available to the agency.
22-3 Sec. 233.011 [231.411]. RESCHEDULING NEGOTIATION CONFERENCE;
22-4 NOTICE REQUIRED. (a) The Title IV-D agency may reschedule or
22-5 adjourn a [A] negotiation conference [may be rescheduled or
22-6 adjourned] on the request of any party [at the discretion of the
22-7 child support review officer].
22-8 (b) The Title IV-D agency shall give all [All] parties
22-9 [must be given] notice of a rescheduled conference [the
22-10 rescheduling] not later than the third day before the date of the
22-11 rescheduled [negotiation] conference.
22-12 Sec. 233.012 [231.412]. INFORMATION REQUIRED TO BE PROVIDED
22-13 AT NEGOTIATION CONFERENCE. At the beginning of the negotiation
22-14 conference, the child support review officer shall review with the
22-15 parties participating in the conference information provided in the
22-16 notice of child support review and inform the parties that:
22-17 (1) the purpose of the negotiation conference is to
22-18 provide an opportunity to reach an agreement on a child support
22-19 order;
22-20 (2) if the parties reach an agreement, the review
22-21 officer will prepare an agreed review order to be effective
22-22 immediately on being confirmed by the court, as provided by Section
22-23 233.024;
22-24 (3) a party does not have to sign a review order
22-25 prepared by the child support review officer but that the Title
22-26 IV-D agency may file a review order without the agreement of the
22-27 parties; [and]
22-28 (4) the parties may sign a waiver of the right to
22-29 service of process;
22-30 (5) a party may request a court hearing on a nonagreed
22-31 order at any time before the 20th day after the date a petition for
22-32 confirmation of the order is filed; and
22-33 (6) a party may file a motion for a new trial at any
22-34 time before the 30th day after an order is confirmed by the court.
22-35 Sec. 233.013 [231.413]. DETERMINING SUPPORT AMOUNT;
22-36 MODIFICATION. (a) The Title IV-D [A child support] agency may use
22-37 any information obtained by the agency from the parties or any
22-38 other source and shall apply the child support guidelines provided
22-39 by this code to determine the appropriate amount of child support.
22-40 (b) If it has been three years since a child support order
22-41 was rendered or last modified and the amount of the child support
22-42 award under the order differs by either 20 percent or $100 from the
22-43 amount that would be awarded under the child support guidelines,
22-44 the Title IV-D [child support] agency [determines that the support
22-45 amount in an existing child support order is not in substantial
22-46 compliance with the guidelines, the child support agency] shall
22-47 file [issue] an appropriate child support review order, including
22-48 an [a review] order that has the effect of modifying an existing
22-49 court or administrative order for child support without the
22-50 necessity of filing a motion to modify.
22-51 Sec. 233.014 [231.414]. RECORD of Proceedings [NOT
22-52 REQUIRED]. (a) For the purposes of this chapter [subchapter],
22-53 documentary evidence relied on by the child support review officer,
22-54 including an affidavit of a party, together with the child support
22-55 review order is a sufficient record of the proceedings.
22-56 (b) The Title IV-D [A child support] agency is not required
22-57 to make any other record or transcript of the negotiation
22-58 conference.
22-59 Sec. 233.015 [231.415]. ISSUANCE OF CHILD SUPPORT REVIEW
22-60 ORDER OR FINDING THAT NO ORDER SHOULD BE ISSUED; EFFECT. (a) If a
22-61 [the] negotiation conference does not result in agreement by all
22-62 parties to the child support review order, the Title IV-D agency
22-63 [review officer] shall render [promptly issue and sign] a final
22-64 decision in the form of a child support review order or a
22-65 determination that the agency should not issue a child support
22-66 review order [should not be issued,] not later than the fifth day
22-67 after the date of the negotiation conference.
22-68 (b) If the Title IV-D agency determines [a determination is
22-69 made] that the agency should not issue a child support order [will
23-1 not be issued], the agency shall immediately provide each party
23-2 with notice of the determination [each party to a child support
23-3 review proceeding shall be furnished immediately] by personal
23-4 [hand] delivery or by first class mail [notice of the
23-5 determination].
23-6 (c) A determination that a child support order should not be
23-7 issued must include a statement of the reasons that an order is not
23-8 being issued and a statement that the agency's determination does
23-9 not affect the right of the Title IV-D agency or a party to request
23-10 any other remedy provided by law.
23-11 Sec. 233.016 [231.416]. VACATING CHILD SUPPORT REVIEW ORDER.
23-12 (a) The Title IV-D agency [review officer] may vacate a child
23-13 support review order [on the officer's own motion] at any time
23-14 before the order is filed with the court.
23-15 (b) A new negotiation conference, with notice to all
23-16 parties, may be scheduled or the Title IV-D agency [officer] may
23-17 make a determination that a child support review order should not
23-18 be issued and give notice of that determination as provided by this
23-19 chapter [subchapter].
23-20 Sec. 233.017 [231.417]. CONTENTS OF CHILD SUPPORT REVIEW
23-21 ORDER. (a) An [agreed child support review] order issued under
23-22 this chapter must be reviewed and signed by an attorney of the
23-23 Title IV-D agency and must contain all provisions that are
23-24 appropriate for an order under this title, including current child
23-25 support, medical support, a determination of any arrearages or
23-26 retroactive support, and, if not otherwise ordered, income
23-27 withholding.
23-28 (b) [A child support review order that is not agreed to must
23-29 include child support and medical support provisions, including a
23-30 determination of arrearages or retroactive support.]
23-31 [(c)] A child support review order providing for the
23-32 enforcement of an order may not contain a provision that imposes
23-33 incarceration or a fine or contains a finding of contempt.
23-34 (c) [(d)] A child support review order that establishes or
23-35 modifies an amount of previously ordered support must include the
23-36 findings required by Section 154.130.
23-37 (d) [(e)] A child support review order that is not agreed to
23-38 by all the parties may specify and reserve for the court at the
23-39 confirmation hearing unresolved issues relating to conservatorship
23-40 or possession of a child.
23-41 Sec. 233.018 [231.418]. ADDITIONAL CONTENTS OF AGREED CHILD
23-42 SUPPORT REVIEW ORDER. If a negotiation conference results in an
23-43 agreement of the parties, each party must sign the child support
23-44 review order and the order [must be signed by each party who agrees
23-45 to the order,] must contain [the provisions required by Section
23-46 231.417, and,] as to each party [in agreement with the order, must
23-47 contain]:
23-48 (1) a waiver by the party of the right to service of
23-49 process and a court hearing and the making of a record on the
23-50 petition for confirmation;
23-51 (2) the mailing address of the party; and
23-52 (3) the following statement printed on the order in
23-53 boldface or in all capital letters:
23-54 "I KNOW THAT I DO NOT HAVE TO SIGN THIS CHILD SUPPORT REVIEW
23-55 ORDER. I UNDERSTAND THAT IF I SIGN THIS ORDER, IT WILL BE
23-56 CONFIRMED BY THE COURT WITHOUT FURTHER NOTICE TO ME. [I KNOW THAT
23-57 I HAVE A RIGHT TO BE PERSONALLY SERVED WITH THE PETITION FOR
23-58 CONFIRMATION OF THIS ORDER.] I KNOW THAT I HAVE A RIGHT TO [CHANGE
23-59 MY MIND AND WITHDRAW MY AGREEMENT TO THE TERMS OF THIS ORDER AND]
23-60 REQUEST THAT A COURT RECONSIDER THE ORDER [DECIDE THIS MATTER] BY
23-61 FILING A MOTION FOR A NEW TRIAL [REQUEST FOR COURT HEARING] AT ANY
23-62 TIME BEFORE THE 30TH [20TH] DAY AFTER THE DATE OF THE [PETITION
23-63 FOR] CONFIRMATION OF THE ORDER BY [IS FILED WITH THE CLERK OF] THE
23-64 COURT. [I KNOW THAT IF I FAIL TO FILE A REQUEST FOR A COURT
23-65 HEARING A COURT MAY CONFIRM AND APPROVE THIS ORDER WITHOUT A
23-66 HEARING, AND THE ORDER WILL BECOME A VALID COURT ORDER.] I KNOW
23-67 THAT IF I DO NOT OBEY THE TERMS OF THIS ORDER I MAY BE HELD IN
23-68 CONTEMPT OF COURT."
23-69 Sec. 233.019 [231.419]. FILING OF AGREED REVIEW ORDER
24-1 [PETITION FOR CONFIRMATION]. (a) The Title IV-D [child support]
24-2 agency shall file an agreed child support review order and a waiver
24-3 of service signed by the parties [a petition for confirmation] with
24-4 the clerk of the court having continuing jurisdiction of the child
24-5 who is the subject of the order.
24-6 (b) If there is not a court of continuing jurisdiction, the
24-7 Title IV-D [child support] agency shall file the agreed review
24-8 order [petition for confirmation] with the clerk of a court having
24-9 jurisdiction under this title.
24-10 (c) If applicable, a statement of paternity or a written
24-11 report of a parentage testing expert and any documentary evidence
24-12 relied upon by the agency shall be filed with the agreed review
24-13 order as an exhibit to the order.
24-14 Sec. 233.020 [231.420]. CONTENTS OF PETITION FOR
24-15 CONFIRMATION OF NONAGREED ORDER[; DOCUMENTARY EVIDENCE TO BE FILED
24-16 WITH PETITION]. (a) A petition for confirmation of a child
24-17 support review order not agreed to by the parties must [shall]
24-18 include the final [child support] review order as an attachment to
24-19 the petition.
24-20 (b) Documentary evidence relied on by the Title IV-D [child
24-21 support] agency, including, if applicable, a statement of paternity
24-22 or a written report of a parentage testing expert, shall be filed
24-23 with the clerk as exhibits to the petition, but are not required to
24-24 be served on the parties. The petition must identify the exhibits
24-25 that are filed with the clerk.
24-26 Sec. 233.021 [231.421]. DUTIES OF CLERK OF COURT. (a) On
24-27 the filing of an agreed child support review order or of a petition
24-28 for confirmation of a nonagreed order issued by the Title IV-D
24-29 agency, the clerk of court shall endorse on the order or petition
24-30 the date and time the order or [that the] petition is filed.
24-31 (b) In [If the petition is for] an original action, the
24-32 clerk shall endorse the appropriate court and cause number on the
24-33 agreed review order or on the petition for confirmation of a
24-34 nonagreed order.
24-35 (c) [If the petition is to confirm an agreed child support
24-36 review order under this subchapter, the child support agency shall
24-37 mail to each party that agreed to the order, at the address shown
24-38 on the order, a copy of the petition with the court, filing date,
24-39 and cause number of the case. The clerk shall note on the docket
24-40 that the notice was mailed. The child support agency shall file a
24-41 certificate of service showing the date of the mailing to each
24-42 party.]
24-43 [(d)] The clerk shall deliver by personal service [issue
24-44 service of citation, including] a copy of the petition for
24-45 confirmation of a nonagreed review order and a copy of the [child
24-46 support review] order, to each party entitled to service who has
24-47 not waived service.
24-48 (d) [(e)] A clerk of a district court is entitled to collect
24-49 in a child support review case the fees authorized in a Title IV-D
24-50 case by Chapter 231 [this chapter].
24-51 Sec. 233.022 [231.422]. FORM TO REQUEST A COURT HEARING ON
24-52 NONAGREED ORDER. (a) A court shall consider any responsive
24-53 pleading that is intended as an objection to confirmation of a
24-54 child support review order not agreed to by the parties, including
24-55 a general denial, as a request for a court hearing.
24-56 (b) The Title IV-D [child support] agency shall:
24-57 (1) make available to each clerk of court copies of
24-58 the form to request a court hearing on a nonagreed review order;
24-59 and
24-60 (2) provide the form to request a court hearing to a
24-61 party to the child support review proceeding on request of the
24-62 party.
24-63 (c) The clerk shall furnish the form to a party to the child
24-64 support review [a] proceeding [under this subchapter] on the
24-65 request of the party.
24-66 Sec. 233.023 [231.423]. TIME TO REQUEST A COURT HEARING. A
24-67 party may file a request for a court hearing not later than the
24-68 20th day after the date the petition for confirmation of a
24-69 nonagreed child support review order is delivered to the party
25-1 [served or mailed as provided by this subchapter].
25-2 Sec. 233.024 [231.424]. CONFIRMATION OF AGREED ORDER
25-3 [WITHOUT HEARING]. (a) If the court finds that all parties have
25-4 appropriately agreed to a child support review order and that there
25-5 is waiver of service, the court shall sign the order not later than
25-6 the third day after the filing of the order.
25-7 (b) On confirmation by the court, the Title IV-D agency
25-8 shall immediately deliver to each party a copy of the signed agreed
25-9 review order. [Not later than the 30th day after the date a
25-10 petition for confirmation that includes waivers by all parties is
25-11 filed or after the date of service is made on the last party
25-12 required to be served for a petition for confirmation that does not
25-13 include waivers, whichever is later, the court shall confirm the
25-14 child support review order by signing an order of confirmation
25-15 unless a party has filed a timely request for hearing or the court
25-16 has scheduled a hearing.]
25-17 Sec. 233.025 [231.425]. EFFECT OF REQUEST FOR HEARING ON
25-18 NONAGREED ORDER; PLEADING. (a) A request for hearing or an order
25-19 setting a hearing on confirmation of a nonagreed child support
25-20 review order stays confirmation of the order pending the hearing.
25-21 (b) At a hearing on confirmation, any [all] issues in
25-22 dispute [the child support review order] shall be heard in a trial
25-23 de novo.
25-24 (c) The petition for confirmation and the child support
25-25 review order constitute a sufficient pleading by the Title IV-D
25-26 [child support] agency for relief on any issue addressed in the
25-27 petition and order.
25-28 (d) The request for hearing may limit the scope of the de
25-29 novo hearing by specifying the issues that are in dispute.
25-30 Sec. 233.026 [231.426]. TIME FOR COURT HEARING. A court
25-31 shall hold a hearing on the confirmation of a child support review
25-32 order that has not been agreed to by the parties not later than the
25-33 30th day after the date the last party to be served files a timely
25-34 request for a court hearing.
25-35 Sec. 233.027 [231.427]. ORDER AFTER HEARING; EFFECT OF
25-36 CONFIRMATION ORDER. (a) After the hearing on the confirmation of
25-37 a nonagreed child support review order, the court shall:
25-38 (1) if the court finds that the order should be
25-39 confirmed, immediately sign a confirmation order and enter the
25-40 order as an order of the court;
25-41 (2) if the court finds that the relief granted in the
25-42 child support review order is inappropriate, sign an appropriate
25-43 order at the conclusion of the hearing or as soon after the
25-44 conclusion of the hearing as is practical and enter the order as an
25-45 order of the court; or
25-46 (3) if the court finds that all relief should be
25-47 denied, enter an order that denies relief and includes specific
25-48 findings explaining the reasons that relief is denied.
25-49 (b) On the signing of a confirmation order by the judge of
25-50 the court, the child support review order becomes a final order of
25-51 the court.
25-52 Sec. 233.0271. CONFIRMATION OF NONAGREED ORDER WITHOUT
25-53 HEARING. (a) If a request for hearing has not been timely
25-54 received, the court shall confirm and sign a nonagreed child
25-55 support review order not later than the 30th day after the date the
25-56 petition for confirmation was delivered to the last party entitled
25-57 to service.
25-58 (b) The Title IV-D agency shall immediately deliver a copy
25-59 of the confirmed nonagreed review order to each party, together
25-60 with notice of right to file a motion for a new trial not later
25-61 than the 30th day after the date the order was confirmed by the
25-62 court.
25-63 Sec. 233.028 [231.428]. SPECIAL CHILD SUPPORT REVIEW
25-64 PROCEDURES RELATING TO ESTABLISHMENT OF PARENTAGE. (a) If the
25-65 parentage of a child has not been established, the notice of child
25-66 support review delivered to [served on] the parties must include an
25-67 allegation that the recipient is a biological parent of the child.
25-68 The notice shall inform the parties that:
25-69 (1) not later than the 15th day after the date of
26-1 delivery of the notice, the alleged parent [father] of the child
26-2 shall either [may] sign a statement of paternity or an
26-3 acknowledgment of maternity or deny in writing that the alleged
26-4 parent is the biological parent of the child;
26-5 (2) either [and that any] party may request that
26-6 scientifically accepted parentage testing be conducted to assist in
26-7 determining the identities of the child's parents;
26-8 (3) if the alleged parent timely denies parentage of
26-9 the child, the Title IV-D agency shall order parentage testing; and
26-10 (4) if the alleged parent does not deny parentage of
26-11 the child, the Title IV-D agency may conduct a negotiation
26-12 conference.
26-13 (b) If all parties agree [A negotiation conference shall be
26-14 conducted to resolve any issues of support in an action in which
26-15 all parties agree as] to the child's parentage, the agency may file
26-16 an agreed child support review order as provided by this chapter.
26-17 (c) If a party denies parentage, the Title IV-D [child
26-18 support] agency shall order [may schedule] parentage testing and
26-19 give each party notice of the time and place of testing. If either
26-20 party fails or refuses to participate in administrative parentage
26-21 testing, the Title IV-D [child support] agency may file a child
26-22 support review order resolving the question of parentage against
26-23 that party [with a request for court-ordered parentage testing.
26-24 The court shall follow the procedures and may impose the sanctions
26-25 provided by this code to obtain compliance with the parentage
26-26 testing order]. The court shall confirm the child support review
26-27 order as a temporary or final order of the court only after an
26-28 opportunity for parentage testing has been provided.
26-29 (d) If parentage testing does not exclude the alleged parent
26-30 and the results of a verified written report of a parentage testing
26-31 expert meet the requirements of Chapter 160 for issuing a temporary
26-32 order, the Title IV-D [child support] agency may conduct a
26-33 negotiation conference to resolve any issues of support and file
26-34 with the court [issue] a child support review order.
26-35 (e) If the results of parentage testing exclude an alleged
26-36 parent from being the biological parent of the child, the Title
26-37 IV-D [child support] agency shall issue and provide to each party a
26-38 child support review order that declares that the excluded person
26-39 is not a parent of the child.
26-40 (f) Any party may file a petition for confirmation of a
26-41 child support review order issued under this section.
26-42 Sec. 233.029 [231.429]. ADMINISTRATIVE PROCEDURE LAW NOT
26-43 APPLICABLE. The child support review process under this chapter is
26-44 not governed by [the administrative procedure law,] Chapter 2001,
26-45 Government Code.
26-46 SECTION 80. The title of Chapter 232, Family Code, is
26-47 amended to read as follows:
26-48 CHAPTER 232. SUSPENSION OF LICENSE FOR FAILURE TO PAY
26-49 CHILD SUPPORT OR COMPLY WITH SUBPOENA
26-50 SECTION 81. Section 232.001, Family Code, is amended by
26-51 adding Subdivision (4) to read as follows:
26-52 (4) "Subpoena" means a subpoena issued in a parentage
26-53 determination or child support proceeding under this title.
26-54 SECTION 82. Section 232.003, Family Code, as added by
26-55 Chapter 751, Acts of the 74th Legislature, 1995, is amended to read
26-56 as follows:
26-57 Sec. 232.003. Suspension of License. (a) A court or the
26-58 Title IV-D agency may issue an order suspending a license as
26-59 provided by this chapter if an individual who is an obligor:
26-60 (1) has a child support [an] arrearage equal to or
26-61 greater than the total support due for 90 days under a support
26-62 order;
26-63 (2) has been provided an opportunity to make payments
26-64 toward the child support arrearage under an agreed or court-ordered
26-65 repayment schedule; and
26-66 (3) has failed to comply with the repayment schedule.
26-67 (b) A court or the Title IV-D agency may issue an order
26-68 suspending license as provided by this chapter if an individual has
26-69 failed, after receiving appropriate notice, to comply with a
27-1 subpoena.
27-2 SECTION 83. Subsection (d), Section 232.004, Family Code, is
27-3 amended to read as follows:
27-4 (d) A proceeding in a case filed with the Title IV-D agency
27-5 under this chapter is governed by the contested case provisions of
27-6 Chapter 2001, Government Code, except that Section 2001.054 does
27-7 not apply to the proceeding. The director of the Title IV-D agency
27-8 or the director's designee may render [is responsible for
27-9 rendering] a final decision in a [the] contested case proceeding
27-10 under this chapter.
27-11 SECTION 84. Section 232.005, Family Code, is amended to read
27-12 as follows:
27-13 Sec. 232.005. CONTENTS OF PETITION. (a) A petition under
27-14 this chapter must state that license suspension is required under
27-15 Section 232.003 and allege:
27-16 (1) the name and, if known, social security number of
27-17 the individual [obligor];
27-18 (2) the type, and if known, number of any license the
27-19 individual [obligor] is believed to hold and the name of the
27-20 licensing authority that issued the license; and
27-21 (3) the amount of arrearages owed under the child
27-22 support order or the facts associated with the individual's failure
27-23 to comply with a subpoena[, the amount of support paid, and the
27-24 amount of arrearages].
27-25 (b) A petition under this chapter may include as an
27-26 attachment a copy of:
27-27 (1) the record of child support payments maintained by
27-28 the Title IV-D registry or local registry; or
27-29 (2) the subpoena with which the individual has failed
27-30 to comply, together with proof of service of the subpoena.
27-31 SECTION 85. Subsections (a) and (c), Section 232.006, Family
27-32 Code, are amended to read as follows:
27-33 (a) On the filing of a petition under Section 232.004, the
27-34 court or the Title IV-D agency shall deliver [issue] to the
27-35 individual [obligor]:
27-36 (1) notice of the individual's [obligor's] right to a
27-37 hearing before the court or agency;
27-38 (2) notice of the deadline for requesting a hearing;
27-39 and
27-40 (3) a hearing request form if the proceeding is in a
27-41 Title IV-D case.
27-42 (c) The notice must contain the following statement in
27-43 bold-faced type or capital letters:
27-44 "AN ACTION TO SUSPEND ONE OR MORE LICENSES ISSUED TO YOU HAS
27-45 BEEN FILED. YOU MAY EMPLOY AN ATTORNEY TO REPRESENT YOU IN THIS
27-46 ACTION. IF YOU OR YOUR ATTORNEY DO NOT REQUEST A HEARING BEFORE
27-47 THE 21ST DAY AFTER THE DATE OF SERVICE OF THIS NOTICE, AN ORDER OF
27-48 LICENSE SUSPENSION MAY BE RENDERED." [state that an order
27-49 suspending license shall be rendered on the 60th day after the date
27-50 of service of the notice unless by that date:]
27-51 [(1) the court or Title IV-D agency receives proof
27-52 that all arrearages and the current month's child support
27-53 obligation have been paid;]
27-54 [(2) the child support agency or obligee files a
27-55 certification that the obligor is in compliance with a reasonable
27-56 repayment schedule; or]
27-57 [(3) the obligor appears at a hearing before the court
27-58 or Title IV-D agency and shows that the request for suspension
27-59 should be denied or stayed.]
27-60 SECTION 86. Section 232.007, Family Code, is amended by
27-61 amending Subsections (a) and (c) and adding Subsection (d) to read
27-62 as follows:
27-63 (a) A request for a hearing and motion to stay suspension
27-64 must be filed with the court or Title IV-D agency by the individual
27-65 [obligor] not later than the 20th day after the date of service of
27-66 the notice under Section 232.006.
27-67 (c) In a case involving support arrearages, a [A] record of
27-68 child support payments made by the Title IV-D agency or a local
27-69 registry is evidence of whether the payments were made. A copy of
28-1 the record appearing regular on its face shall be admitted as
28-2 evidence at a hearing under this chapter, including a hearing on a
28-3 motion to revoke a stay. Either party may offer controverting
28-4 evidence.
28-5 (d) In a case in which an individual has failed to comply
28-6 with a subpoena, proof of service is evidence of delivery of the
28-7 subpoena.
28-8 SECTION 87. Section 232.008, Family Code, is amended to read
28-9 as follows:
28-10 Sec. 232.008. ORDER SUSPENDING LICENSE FOR FAILURE TO PAY
28-11 CHILD SUPPORT. (a) On making the findings required by Section
28-12 232.003, the court or Title IV-D agency shall render an order
28-13 suspending the license unless the individual:
28-14 (1) [obligor] proves that all arrearages and the
28-15 current month's support have been paid; or
28-16 (2) shows good cause for failure to comply with the
28-17 subpoena.
28-18 (b) The court or Title IV-D agency may stay an order
28-19 suspending a license conditioned on the individual's [obligor's]
28-20 compliance with:
28-21 (1) a reasonable repayment schedule that is
28-22 incorporated in the order; or
28-23 (2) the requirements of a reissued and delivered
28-24 subpoena.
28-25 (c) An order suspending a license with a stay of the
28-26 suspension may not be served on the licensing authority unless the
28-27 stay is revoked as provided by this chapter.
28-28 (d) [(c)] A final order suspending license rendered by a
28-29 court or the Title IV-D agency shall be forwarded to the
28-30 appropriate licensing authority.
28-31 (e) [(d)] If the court or Title IV-D agency renders an order
28-32 suspending license, the individual [obligor] may also be ordered
28-33 not to engage in the licensed activity.
28-34 (f) [(e)] If the court or Title IV-D agency finds that the
28-35 petition for suspension should be denied, the petition shall be
28-36 dismissed without prejudice, and an order suspending license may
28-37 not be rendered.
28-38 SECTION 88. Section 232.009, Family Code, is amended to read
28-39 as follows:
28-40 Sec. 232.009. DEFAULT ORDER. The court or Title IV-D agency
28-41 shall consider the allegations of the petition for suspension to be
28-42 admitted and shall render an order suspending license if the
28-43 individual [obligor] fails to:
28-44 (1) respond to a notice issued under Section 232.006;
28-45 (2) request a hearing; or
28-46 (3) appear at a hearing.
28-47 SECTION 89. Subsections (a), (d), and (e), Section 232.011,
28-48 Family Code, are amended to read as follows:
28-49 (a) On receipt of a final order suspending license, the
28-50 licensing authority shall immediately determine if the authority
28-51 has issued a license to the individual [obligor] named on the order
28-52 and, if a license has been issued:
28-53 (1) record the suspension of the license in the
28-54 licensing authority's records;
28-55 (2) report the suspension as appropriate; and
28-56 (3) demand surrender of the suspended license if
28-57 required by law for other cases in which a license is suspended.
28-58 (d) An individual [obligor] who is the subject of a final
28-59 order suspending license is not entitled to a refund for any fee or
28-60 deposit paid to the licensing authority.
28-61 (e) An individual [obligor] who continues to engage in the
28-62 business, occupation, profession, or other licensed activity after
28-63 the implementation of the order suspending license by the licensing
28-64 authority is liable for the same civil and criminal penalties
28-65 provided for engaging in the licensed activity without a license or
28-66 while a license is suspended that apply to any other license
28-67 holder of that licensing authority.
28-68 SECTION 90. Section 232.012, Family Code, is amended to read
28-69 as follows:
29-1 Sec. 232.012. MOTION TO REVOKE STAY. (a) The obligee,
29-2 support enforcement agency, court, or Title IV-D agency may file a
29-3 motion to revoke the stay of an order suspending license if the
29-4 individual who is subject of an order suspending license [obligor]
29-5 does not comply with:
29-6 (1) the terms of a reasonable repayment plan entered
29-7 into by the individual; or
29-8 (2) the requirements of a reissued subpoena [the
29-9 obligor].
29-10 (b) Notice to the individual [obligor] of a motion to revoke
29-11 stay under this section may be given by personal service or by mail
29-12 to the address provided by the individual [obligor], if any, in the
29-13 order suspending license. The notice must include a notice of
29-14 hearing. The notice must be provided to the individual [obligor]
29-15 not less than 10 days before the date of the hearing.
29-16 (c) A motion to revoke stay must allege the manner in which
29-17 the individual [obligor] failed to comply with the repayment plan
29-18 or the reissued subpoena.
29-19 (d) If the court or Title IV-D agency finds that the
29-20 individual [obligor] is not in compliance with the terms of the
29-21 repayment plan or reissued subpoena, the court or agency shall
29-22 revoke the stay of the order suspending license and render a final
29-23 order suspending license.
29-24 SECTION 91. Subsections (a) and (c), Section 232.013, Family
29-25 Code, are amended to read as follows:
29-26 (a) The court or Title IV-D agency may render an order
29-27 vacating or staying an order suspending license if the individual
29-28 [obligor] has:
29-29 (1) paid all delinquent child support or has
29-30 established a satisfactory payment record; or
29-31 (2) complied with the requirements of a reissued
29-32 subpoena.
29-33 (c) On receipt of an order vacating or staying an order
29-34 suspending license, the licensing authority shall promptly issue
29-35 the affected license to the individual [obligor] if the individual
29-36 [obligor] is otherwise qualified for the license.
29-37 SECTION 92. Section 232.014, Family Code, is amended to read
29-38 as follows:
29-39 Sec. 232.014. FEE BY LICENSING AUTHORITY. A licensing
29-40 authority may charge a fee to an individual [obligor] who is the
29-41 subject of an order suspending license in an amount sufficient to
29-42 recover the administrative costs incurred by the authority under
29-43 this chapter.
29-44 SECTION 93. Subtitle D, Title 5, Family Code, is amended by
29-45 adding Chapter 234 to read as follows:
29-46 CHAPTER 234. STATE CASE REGISTRY, DISBURSEMENT UNIT,
29-47 AND DIRECTORY OF NEW HIRES
29-48 SUBCHAPTER A. UNIFIED STATE CASE REGISTRY AND DISBURSEMENT UNIT
29-49 Sec. 234.001. ESTABLISHMENT AND OPERATION OF UNIFIED
29-50 REGISTRY AND DISBURSEMENT UNIT. The Title IV-D agency shall
29-51 establish and operate a unified state case registry and state
29-52 disbursement unit meeting the requirements of 42 U.S.C. Sections
29-53 654A(e) and 654B. The registry and unit shall:
29-54 (1) maintain records of child support orders in Title
29-55 IV-D cases and in other cases in which a child support order has
29-56 been established or modified in this state on or after October 1,
29-57 1998;
29-58 (2) receive, maintain, and furnish records of child
29-59 support payments in Title IV-D cases and other cases as required by
29-60 law;
29-61 (3) in a Title IV-D case, monitor support payments and
29-62 initiate appropriate enforcement actions immediately on the
29-63 occurrence of a delinquency in payment;
29-64 (4) distribute child support payments as required by
29-65 law; and
29-66 (5) maintain custody of official child support payment
29-67 records in the registry and disbursement unit.
29-68 Sec. 234.002. INTEGRATED SYSTEM FOR CHILD SUPPORT AND
29-69 MEDICAL SUPPORT ENFORCEMENT. The statewide integrated system for
30-1 child support and medical support enforcement under Chapter 231
30-2 shall be part of the unified state case registry and state
30-3 disbursement unit authorized by this subchapter.
30-4 Sec. 234.003. WORK GROUP; COOPERATION REQUIRED. (a) The
30-5 Title IV-D agency shall convene a work group to develop procedures
30-6 for the establishment and operation of the unified state case
30-7 registry and disbursement unit. The work group shall consist of
30-8 representatives of the judiciary, district clerks, domestic
30-9 relations offices, and the bureau of vital statistics, as well as
30-10 other county and state agencies identified by the Title IV-D
30-11 agency. To the extent possible, the work group shall consolidate
30-12 the reporting of information relating to court orders required of
30-13 clerks of courts under this title.
30-14 (b) The Title IV-D agency shall, in cooperation with the
30-15 work group established under this section, adopt rules and
30-16 prescribe forms to implement this subchapter.
30-17 Sec. 234.004. CONTRACTS AND COOPERATIVE AGREEMENTS. The
30-18 Title IV-D agency may enter into contracts and cooperative
30-19 agreements as necessary to establish and operate the state case
30-20 registry and state disbursement unit authorized under this
30-21 subchapter.
30-22 Sec. 234.005. APPLICATION OF LAWS REQUIRING REPORTING TO
30-23 REGISTRY. (a) The requirements in Sections 105.006(b) and
30-24 105.008(a) that certain information be provided to the state case
30-25 registry do not apply until the registry is established under this
30-26 subchapter.
30-27 (b) This section expires September 1, 1999.
30-28 (Sections 234.006-234.100 reserved for expansion
30-29 SUBCHAPTER B. STATE DIRECTORY OF NEW HIRES
30-30 Sec. 234.101. DEFINITIONS. In this subchapter:
30-31 (1) "Employee" means an individual who is an employee
30-32 within the meaning of Chapter 24 of the Internal Revenue Code of
30-33 1986 (26 U.S.C. Section 3401(c)). The term does not include an
30-34 employee of a state agency performing intelligence or
30-35 counterintelligence functions if the head of the agency has
30-36 determined that reporting employee information under this
30-37 subchapter could endanger the safety of the employee or compromise
30-38 an ongoing investigation or intelligence activity.
30-39 (2) "Employer" has the meaning given that term by
30-40 Section 3401(d) of the Internal Revenue Code of 1986 (26 U.S.C.
30-41 Section 3401(d)) and includes a governmental entity and a labor
30-42 organization, as that term is identified in Section 2(5) of the
30-43 National Labor Relations Act (29 U.S.C. Section 152(5)), including
30-44 an entity, also known as a "hiring hall," used by the labor
30-45 organization and an employer to carry out requirements of an
30-46 agreement between the organization and an employer described in
30-47 Section 8(f)(3) of that Act (29 U.S.C. Section 158(f)(3)).
30-48 Sec. 234.102. In cooperation with the Texas Workforce
30-49 Commission, the Title IV-D agency shall develop and operate a state
30-50 directory to which employers in the state shall report each newly
30-51 hired or rehired employee in accordance with the requirements of 42
30-52 U.S.C. Section 653a.
30-53 Sec. 234.103. The Title IV-D agency may enter into
30-54 cooperative agreements and contracts as necessary to create and
30-55 operate the directory authorized under this subchapter.
30-56 Sec. 234.104. The Title IV-D agency by rule shall establish
30-57 procedures for reporting employee information and for operating a
30-58 state directory of new hires meeting the requirements of federal
30-59 law.
30-60 SECTION 94. Subdivision (4), Section 24.002, Business &
30-61 Commerce Code, is amended to read as follows:
30-62 (4) "Creditor" means a person, including a spouse,
30-63 minor, person entitled to receive court or administratively ordered
30-64 child support for the benefit of a child, or ward, who has a claim.
30-65 SECTION 95. (a) Sections 157.065(d), 157.322(c) through
30-66 (e), 158.107, 158.305, 231.004, 231.430, and 231.431, Family Code,
30-67 and Section 232.003, Family Code, as added by Chapter 665, Acts of
30-68 the 74th Legislature, 1995, are repealed.
30-69 (b) Section 231.304, Family Code, is repealed on October 1,
31-1 1998.
31-2 SECTION 96. (a) This Act takes effect September 1, 1997.
31-3 (b) The change in law made by this Act does not affect a
31-4 proceeding under the Family Code pending on the effective date of
31-5 this Act. A proceeding pending on the effective date of this Act
31-6 is governed by the law in effect at the time the proceeding was
31-7 commenced, and the former law is continued in effect for that
31-8 purpose.
31-9 (c) The enactment of this Act does not by itself constitute
31-10 a material and substantial change of circumstances sufficient to
31-11 warrant modification of a court order or portion of a decree that
31-12 provides for the support of or possession of or access to a child
31-13 entered before the effective date of this Act.
31-14 (d) The requirement that an employer report a newly hired or
31-15 rehired employee to the state directory of new hires under
31-16 Subchapter B, Chapter 234, Family Code, as added by this Act, takes
31-17 effect October 1, 1998.
31-18 SECTION 97. The importance of this legislation and the
31-19 crowded condition of the calendars in both houses create an
31-20 emergency and an imperative public necessity that the
31-21 constitutional rule requiring bills to be read on three several
31-22 days in each house be suspended, and this rule is hereby suspended.
31-23 * * * * *