By Luna S.B. No. 165
75R811 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the imposition of interest on delinquent child support
1-3 payments.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 157.261, Family Code, is amended to read
1-6 as follows:
1-7 Sec. 157.261. UNPAID CHILD SUPPORT AS JUDGMENT. A child
1-8 support payment not timely made constitutes a final judgment for
1-9 the amount due and owing, including interest, if ordered by the
1-10 court, as provided in this chapter.
1-11 SECTION 2. Section 157.263(b), Family Code, is amended to
1-12 read as follows:
1-13 (b) A cumulative money judgment includes:
1-14 (1) unpaid child support not previously confirmed;
1-15 (2) the balance owed on previously confirmed
1-16 arrearages or lump sum or retroactive support judgments;
1-17 (3) interest on the arrearages, if ordered by the
1-18 court; and
1-19 (4) a statement that it is a cumulative judgment.
1-20 SECTION 3. Section 157.265, Family Code, is amended to read
1-21 as follows:
1-22 Sec. 157.265. ACCRUAL OF INTEREST ON CHILD SUPPORT. (a) A
1-23 final judgment for delinquent child support may include the payment
1-24 of interest on the delinquent child support if ordered by the
2-1 court. Interest accrues on delinquent child support at the rate
2-2 determined by the court [of 12 percent simple interest per year]
2-3 from the date the support is delinquent until the date the support
2-4 is paid or the arrearages are confirmed and reduced to money
2-5 judgment.
2-6 (b) If ordered by the court, interest [Interest] accrues on
2-7 child support arrearages that have been confirmed and reduced to
2-8 money judgment as provided in this subchapter at the rate
2-9 determined by the court [of 12 percent simple interest per year]
2-10 from the date the order is rendered until the date the judgment is
2-11 paid.
2-12 (c) If ordered by the court, interest [Interest] accrues on
2-13 a money judgment for retroactive or lump-sum child support at the
2-14 annual rate ordered by the court [of 12 percent simple interest]
2-15 from the date the order is rendered until the judgment is paid.
2-16 SECTION 4. Section 157.266(a), Family Code, is amended to
2-17 read as follows:
2-18 (a) A child support payment is delinquent for the purpose of
2-19 accrual of interest ordered by the court if the payment is not
2-20 received before the 31st day after the payment date stated in the
2-21 order by:
2-22 (1) the local registry or Title IV-D registry; or
2-23 (2) the obligee or entity specified in the order, if
2-24 payments are not made through a registry.
2-25 SECTION 5. Section 157.267, Family Code, is amended to read
2-26 as follows:
2-27 Sec. 157.267. INTEREST ENFORCED AS CHILD SUPPORT. Accrued
3-1 interest ordered by the court is part of the child support
3-2 obligation and may be enforced by any means provided for the
3-3 collection of child support.
3-4 SECTION 6. Section 157.268, Family Code, is amended to read
3-5 as follows:
3-6 Sec. 157.268. APPLICATION OF CHILD SUPPORT PAYMENT. Child
3-7 support collected shall be applied in the following order of
3-8 priority:
3-9 (1) current child support;
3-10 (2) non-delinquent child support owed;
3-11 (3) interest on the principal amounts specified in
3-12 Subdivisions (4) and (5), if ordered by the court;
3-13 (4) the principal amount of child support that has not
3-14 been confirmed and reduced to money judgment; and
3-15 (5) the principal amount of child support that has
3-16 been confirmed and reduced to money judgment.
3-17 SECTION 7. Section 157.313(a), Family Code, is amended to
3-18 read as follows:
3-19 (a) A child support lien notice must contain:
3-20 (1) the style, docket number, and identity of the
3-21 court having continuing jurisdiction of the child support action;
3-22 (2) the name, address, and, if available, the birth
3-23 date, driver's license number, and social security number of the
3-24 obligor;
3-25 (3) the name and social security number, if available,
3-26 of the obligee and the child;
3-27 (4) the amount of child support arrearages owed by the
4-1 obligor and the date of the rendition of the court order or
4-2 issuance of the writ that determined the arrearages;
4-3 (5) the rate of interest specified in the court order
4-4 or writ [or, in the absence of a specified interest rate, the rate
4-5 provided for by Subchapter F]; and
4-6 (6) the name and address of the person or agency to
4-7 whom the payment of the child support arrearages shall be made.
4-8 SECTION 8. Section 158.003(a), Family Code, is amended to
4-9 read as follows:
4-10 (a) In addition to income withheld for the current support
4-11 of a child, the court shall order that income be withheld from the
4-12 disposable earnings of the obligor to be applied toward the
4-13 liquidation of any child support arrearages, including accrued
4-14 interest, if ordered by the court, as provided in Chapter 157.
4-15 SECTION 9. Section 231.0011(c), Family Code, is amended to
4-16 read as follows:
4-17 (c) The attorney general shall, in cooperation with the work
4-18 group established by this section, develop technical standards for
4-19 participation in the unified child support system, including
4-20 standard required data elements for effective monitoring of child
4-21 support and medical support orders [and for the imposition of
4-22 interest on delinquent child support].
4-23 SECTION 10. This Act takes effect September 1, 1997, and
4-24 applies only to a child support payment that first becomes due on
4-25 or after the effective date of this Act. A child support payment
4-26 due before the effective date of this Act is governed by the law in
4-27 effect on the date the payment became due, and the former law is
5-1 continued in effect for this purpose.
5-2 SECTION 11. The importance of this legislation and the
5-3 crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days in each house be suspended, and this rule is hereby suspended.