By Bosse H.B. No. 832
76R2976 CMR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the suspension of child support payments to an obligee
1-3 who fails to provide a change of address.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 105.006(e), Family Code, is amended to
1-6 read as follows:
1-7 (e) Except as provided by Subsection (c), an order in a suit
1-8 that orders child support or possession of or access to a child
1-9 must also contain the following notice in bold-faced type or in
1-10 capital letters:
1-11 "EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO
1-12 NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF
1-13 ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING
1-14 ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF
1-15 EMPLOYMENT, DRIVER'S LICENSE NUMBER, AND WORK TELEPHONE NUMBER. THE
1-16 PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE
1-17 REQUIRED INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE
1-18 CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE.
1-19 IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN
1-20 SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS ORDERED TO
1-21 GIVE NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE DATE
1-22 THAT THE PARTY KNOWS OF THE CHANGE.
1-23 "THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY,
1-24 THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY
2-1 PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY
2-2 CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
2-3 "FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO
2-4 PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY
2-5 WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER
2-6 LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A
2-7 FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP
2-8 TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY
2-9 JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS.
2-10 "FAILURE BY A PARTY ENTITLED TO RECEIVE CHILD SUPPORT TO OBEY
2-11 THE ORDER OF THIS COURT TO PROVIDE THE PARTY REQUIRED TO PAY CHILD
2-12 SUPPORT WITH A CHANGE IN THE PARTY'S MAILING ADDRESS MAY RESULT IN
2-13 THE SUSPENSION OF THE OTHER PARTY'S OBLIGATION TO PAY CHILD
2-14 SUPPORT."
2-15 SECTION 2. Chapter 157, Family Code, is amended by adding
2-16 Subchapter J to read as follows:
2-17 SUBCHAPTER J. FAILURE TO NOTIFY
2-18 Sec. 157.471. SUSPENSION OF CHILD SUPPORT. (a)
2-19 Notwithstanding Subchapter F, the requirement that an obligor pay
2-20 child support is suspended for a period beginning on the date the
2-21 obligor discovers the failure by the obligee to notify the obligor
2-22 of a change in the obligee's mailing address and ending on the date
2-23 the obligor receives notice of the obligee's new mailing address if
2-24 the period exceeds the time allowed for notification prescribed by
2-25 Section 105.007.
2-26 (b) The obligor remains liable for any child support that
2-27 becomes due during the period described by Subsection (a) and shall
3-1 pay that amount to the obligee not later than the 30th day after
3-2 the date the obligor receives notice of the change in the obligee's
3-3 mailing address. Interest begins to accrue on any child support
3-4 payment that becomes due during the period described by Subsection
3-5 (a) on the 31st day after the obligor receives notice.
3-6 (c) This section does not apply to an order providing for
3-7 child support:
3-8 (1) that requires payments be made through the Title
3-9 IV-D agency or any other entity that provides child support
3-10 services; or
3-11 (2) for which the court has waived the requirement to
3-12 provide notice of a change of mailing address under Section
3-13 105.007(c).
3-14 SECTION 3. This Act takes effect September 1, 1999, and
3-15 applies only to a court order providing for child support that is
3-16 entered on or after the effective date of this Act. An order that
3-17 is entered before the effective date is governed by the law in
3-18 effect on the date the order was entered, and the former law is
3-19 continued in effect for that purpose.
3-20 SECTION 4. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended.