By Goodman H.B. No. 1365
77R2231 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment, modification, and enforcement of
1-3 child support.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 101.015, Family Code, is amended to read
1-6 as follows:
1-7 Sec. 101.015. HEALTH INSURANCE. "Health insurance" means
1-8 insurance coverage that provides basic health care services,
1-9 including usual physician services, office visits, hospitalization,
1-10 and laboratory, X-ray, and emergency services, that may be provided
1-11 through a health maintenance organization or other private or
1-12 public organization, other than medical assistance under Chapter
1-13 32, Human Resources Code.
1-14 SECTION 2. Section 102.013, Family Code, is amended by adding
1-15 Subsection (c) to read as follows:
1-16 (c) In a suit to determine parentage under this title in
1-17 which the court has rendered an order relating to an earlier born
1-18 child of the same parents, the clerk shall file the suit and all
1-19 other papers relating to the suit under the same docket number as
1-20 the prior parentage action. For all other purposes, including the
1-21 assessment of fees and other costs, the suit is a separate suit.
1-22 SECTION 3. Section 105.006(f), Family Code, is amended to
1-23 read as follows:
1-24 (f) Except for an action in which contempt is sought, in any
2-1 subsequent child support enforcement or modification proceeding
2-2 [action], the court may, on a showing that diligent effort has been
2-3 made to determine the location of a party, consider due process
2-4 requirements for notice and service of process to be met with
2-5 respect to that party on delivery of written notice to the most
2-6 recent residential or employer address filed by that party with the
2-7 court and the state case registry.
2-8 SECTION 4. Section 154.008, Family Code, is amended to read
2-9 as follows:
2-10 Sec. 154.008. PROVISION FOR MEDICAL SUPPORT [HEALTH
2-11 INSURANCE COVERAGE]. The court shall order medical support [health
2-12 insurance coverage] for the child as provided by Subchapters B and
2-13 D.
2-14 SECTION 5. Section 154.009, Family Code, is amended by adding
2-15 Subsection (d) to read as follows:
2-16 (d) Notwithstanding Subsection (a), the court may order
2-17 retroactive child support for a child for a period after the
2-18 termination of a previous child support order for the child if the
2-19 termination resulted from the marriage or remarriage of the child's
2-20 parents.
2-21 SECTION 6. Section 154.012, Family Code, is amended to read
2-22 as follows:
2-23 Sec. 154.012. SUPPORT PAID IN EXCESS [AFTER TERMINATION] OF
2-24 SUPPORT ORDER. (a) If an [the] obligor is not in arrears and the
2-25 obligor's child support obligation has terminated, the [an] obligee
2-26 shall return to the [an] obligor a child support payment made by
2-27 the obligor that exceeds the amount of support ordered, regardless
3-1 of whether the payment was made before, on, or after the date the
3-2 child support obligation [order has] terminated.
3-3 (b) An obligor may file a suit to recover a child support
3-4 payment under Subsection (a). If the court finds that the obligee
3-5 failed to return a child support payment under Subsection (a), the
3-6 court shall order the obligee to pay to the obligor attorney's fees
3-7 and all court costs in addition to the amount of support paid after
3-8 the date the child support order terminated. For good cause shown,
3-9 the court may waive the requirement that the obligee pay attorney's
3-10 fees and costs if the court states the reasons supporting that
3-11 finding.
3-12 SECTION 7. Subchapter A, Chapter 154, Family Code, is amended
3-13 by adding Section 154.013 to read as follows:
3-14 Sec. 154.013. CONTINUATION OF DUTY TO PAY SUPPORT AFTER
3-15 DEATH OF OBLIGEE. (a) A child support obligation does not
3-16 terminate on the death of the obligee but continues as an
3-17 obligation to the child named in the support order, as required by
3-18 this section.
3-19 (b) Notwithstanding any provision of the Probate Code, an
3-20 arrearage owed under the support order, a child support payment
3-21 held by the Title IV-D agency, a local registry, or the state
3-22 disbursement unit, or any uncashed check or warrant representing a
3-23 child support payment made before, on, or after the date of death
3-24 of the obligee shall be paid proportionately for the benefit of
3-25 each surviving child named in the support order and not to the
3-26 estate of the obligor. The payment is free of any creditor's claim
3-27 against the deceased obligee's estate as provided by Subsection
4-1 (c).
4-2 (c) On the death of an obligee, current child support owed
4-3 by the obligor or any amount described by Subsection (b) shall be:
4-4 (1) retained by the obligor for the benefit of a
4-5 surviving child, if the obligor assumes actual care, control, and
4-6 possession of the child;
4-7 (2) paid to a person, other than a parent, who is
4-8 appointed as managing conservator of the child;
4-9 (3) paid to a guardian of the child appointed under
4-10 Chapter XIII, Texas Probate Code, as provided by that code; or
4-11 (4) paid to the surviving child, if the child is an
4-12 adult or has otherwise had the disabilities of minority removed.
4-13 (d) If the obligor has not assumed actual care, control, and
4-14 possession of the child, on presentation of the obligee's death
4-15 certificate, the court shall render an order directing payment of
4-16 current child support amounts, arrearages, and support paid but not
4-17 disbursed to be made as provided by Subsection (c). A copy of the
4-18 order shall be provided to:
4-19 (1) the obligor;
4-20 (2) the managing conservator or guardian of the child,
4-21 if one has been appointed;
4-22 (3) the local registry or state disbursement unit and,
4-23 if appropriate, the Title IV-D agency; and
4-24 (4) the child named in the support order, if the child
4-25 is an adult or has otherwise had the disabilities of minority
4-26 removed.
4-27 (e) The order under Subsection (d) must contain:
5-1 (1) a statement that the obligee is deceased and that
5-2 child support amounts otherwise payable to the obligee shall be
5-3 paid for the benefit of a surviving child named in the support
5-4 order as provided by Subsection (c);
5-5 (2) the name, social security number, age, and mailing
5-6 address of each child named in the support order;
5-7 (3) the name, social security number, and mailing
5-8 address of the sole or joint managing conservator of the child; and
5-9 (4) a copy of this section.
5-10 (f) On receipt of the order required under this section, the
5-11 local registry, state disbursement unit, or Title IV-D agency shall
5-12 disburse payments as required by the order.
5-13 SECTION 8. Section 154.062(d), Family Code, is amended to
5-14 read as follows:
5-15 (d) The court shall deduct the following items from
5-16 resources to determine the net resources available for child
5-17 support:
5-18 (1) social security taxes;
5-19 (2) federal income tax based on the tax rate for a
5-20 single person claiming one personal exemption and the standard
5-21 deduction;
5-22 (3) state income tax;
5-23 (4) union dues; and
5-24 (5) expenses for medical support [health insurance
5-25 coverage] for the obligor's child.
5-26 SECTION 9. Section 154.064, Family Code, is amended to read
5-27 as follows:
6-1 Sec. 154.064. MEDICAL SUPPORT [HEALTH INSURANCE] FOR CHILD
6-2 PRESUMPTIVELY PROVIDED BY OBLIGOR. The guidelines for support of a
6-3 child are based on the assumption that the court will order the
6-4 obligor to provide medical support [health insurance coverage] for
6-5 the child in addition to the amount of child support calculated in
6-6 accordance with those guidelines.
6-7 SECTION 10. Section 154.123(b), Family Code, is amended to
6-8 read as follows:
6-9 (b) In determining whether application of the guidelines
6-10 would be unjust or inappropriate under the circumstances, the court
6-11 shall consider evidence of all relevant factors, including:
6-12 (1) the age and needs of the child;
6-13 (2) the ability of the parents to contribute to the
6-14 support of the child;
6-15 (3) any financial resources available for the support
6-16 of the child;
6-17 (4) the amount of time of possession of and access to
6-18 a child;
6-19 (5) the amount of the obligee's net resources,
6-20 including the earning potential of the obligee if the actual income
6-21 of the obligee is significantly less than what the obligee could
6-22 earn because the obligee is intentionally unemployed or
6-23 underemployed and including an increase or decrease in the income
6-24 of the obligee or income that may be attributed to the property and
6-25 assets of the obligee;
6-26 (6) child care expenses incurred by either party in
6-27 order to maintain gainful employment;
7-1 (7) whether either party has the managing
7-2 conservatorship or actual physical custody of another child;
7-3 (8) the amount of alimony or spousal maintenance
7-4 actually and currently being paid or received by a party;
7-5 (9) the expenses for a son or daughter for education
7-6 beyond secondary school;
7-7 (10) whether the obligor or obligee has an automobile,
7-8 housing, or other benefits furnished by his or her employer,
7-9 another person, or a business entity;
7-10 (11) the amount of other deductions from the wage or
7-11 salary income and from other compensation for personal services of
7-12 the parties;
7-13 (12) provision for health [care] insurance and payment
7-14 of uninsured medical expenses;
7-15 (13) special or extraordinary educational, health
7-16 care, or other expenses of the parties or of the child;
7-17 (14) the cost of travel in order to exercise
7-18 possession of and access to a child;
7-19 (15) positive or negative cash flow from any real and
7-20 personal property and assets, including a business and investments;
7-21 (16) debts or debt service assumed by either party;
7-22 and
7-23 (17) any other reason consistent with the best
7-24 interest of the child, taking into consideration the circumstances
7-25 of the parents.
7-26 SECTION 11. Section 154.129, Family Code, is amended to read
7-27 as follows:
8-1 Sec. 154.129. ALTERNATIVE METHOD OF COMPUTING SUPPORT FOR
8-2 CHILDREN IN MORE THAN ONE HOUSEHOLD. (a) In lieu of performing the
8-3 computation under the preceding section, the court may determine
8-4 the child support amount for the children before the court by
8-5 applying the percentages in the table below to the obligor's net
8-6 resources:
8-7 MULTIPLE FAMILY ADJUSTED GUIDELINES
8-8 (% OF NET RESOURCES)
8-9 Number of children before the court
8-10 1 2 3 4 5 6 7
8-11 Number of 0 20.00 25.00 30.00 35.00 40.00 40.00 40.00
8-12 other 1 17.50 22.50 27.38 32.20 37.33 37.71 38.00
8-13 children for 2 16.00 20.63 25.20 30.33 35.43 36.00 36.44
8-14 whom the 3 14.75 19.00 24.00 29.00 34.00 34.67 35.20
8-15 obligor 4 13.60 18.33 23.14 28.00 32.89 33.60 34.18
8-16 has a 5 13.33 17.86 22.50 27.22 32.00 32.73 33.33
8-17 duty of 6 13.14 17.50 22.00 26.60 31.27 32.00 32.62
8-18 support 7 13.00 17.22 21.60 26.09 30.67 31.38 32.00
8-19 (b) The application of the guidelines under this section
8-20 does not constitute a variance from the child support guidelines
8-21 requiring specific findings by the court under Section 154.130.
8-22 SECTION 12. Sections 154.130(a) and (b), Family Code, are
8-23 amended to read as follows:
8-24 (a) Without regard to Rules 296 through 299, Texas Rules of
8-25 Civil Procedure, in rendering an order of child support, the court
8-26 shall make the findings required by Subsection (b) if:
8-27 (1) a party files a written request with the court not
9-1 later than 10 days after the date of the hearing;
9-2 (2) a party makes an oral request in open court during
9-3 the hearing; or
9-4 (3) the amount of child support ordered by the court
9-5 varies from the amount computed by applying the appropriate
9-6 percentage guidelines under this subchapter.
9-7 (b) If findings are required by this section, the court
9-8 shall state whether the application of the guidelines would be
9-9 unjust or inappropriate and shall state the following in the child
9-10 support order:
9-11 "(1) the monthly net resources of the obligor per
9-12 month are $______;
9-13 "(2) the monthly net resources of the obligee per
9-14 month are $______;
9-15 "(3) the percentage applied to the obligor's net
9-16 resources for child support by the actual order rendered by the
9-17 court is ______%;
9-18 "(4) the amount of child support if the percentage
9-19 guidelines under Section 154.125 or 154.129, as applicable, are
9-20 applied to the first $6,000 of the obligor's net resources is
9-21 $______;
9-22 "(5) if applicable, the specific reasons that the
9-23 amount of child support per month ordered by the court varies from
9-24 the amount stated in Subdivision (4) are: ______; and
9-25 "(6) if applicable, the obligor is obligated to
9-26 support children in more than one household, and:
9-27 "(A) the number of children before the court is
10-1 ______;
10-2 "(B) the number of children not before the court
10-3 residing in the same household with the obligor is ______; and
10-4 "(C) the number of children not before the court
10-5 for whom the obligor is obligated by a court order to pay support,
10-6 without regard to whether the obligor is delinquent in child
10-7 support payments, and who are not counted under Paragraph (A) or
10-8 (B) is ______."
10-9 SECTION 13. Section 154.182, Family Code, is amended to read
10-10 as follows:
10-11 Sec. 154.182. HEALTH INSURANCE. (a) The court shall
10-12 consider the cost and quality of health insurance coverage
10-13 available to the parties and shall give priority to health
10-14 insurance coverage available through the employment of one of the
10-15 parties.
10-16 (b) In [Except as provided for by Subdivision (6), in]
10-17 determining the manner in which health insurance for the child is
10-18 to be ordered, the court shall render its order in accordance with
10-19 the following priorities, unless a party shows good cause why a
10-20 particular order would not be in the best interest of the child:
10-21 (1) if health insurance is available for the child
10-22 through the obligor's employment or membership in a union, trade
10-23 association, or other organization, the court shall order the
10-24 obligor to include the child in the obligor's health insurance;
10-25 (2) if health insurance is not available for the child
10-26 through the obligor's employment but is available for the child
10-27 through the obligee's employment or membership in a union, trade
11-1 association, or other organization or through another source
11-2 available to the obligee, including the children's health insurance
11-3 program, the court may order the obligee to apply for and provide
11-4 health insurance for the child, and, in such event, shall order the
11-5 obligor to pay additional child support to be withheld from
11-6 earnings under Chapter 158 to the obligee for the actual cost of
11-7 the health insurance for the child;
11-8 (3) if health insurance is not available for the child
11-9 under Subdivision (1) or (2), the court shall order the obligor to
11-10 provide health insurance for the child if the court finds that
11-11 health insurance is available for the child from another source and
11-12 that the obligor is financially able to provide it; or
11-13 (4) [if health insurance is not available for the
11-14 child under Subdivision (1), (2), or (3), the court shall order the
11-15 obligor to apply for coverage through the Texas Healthy Kids
11-16 Corporation established under Chapter 109, Health and Safety Code;]
11-17 [(5)] if health insurance [coverage] is not available
11-18 for the child under Subdivision (1), (2), or (3)[, or (4)], the
11-19 court shall order the obligor to pay the obligee, in addition to
11-20 any amount ordered under the guidelines for child support, a
11-21 reasonable amount each month as medical support for the child to be
11-22 withheld from earnings under Chapter 158[; or]
11-23 [(6) notwithstanding Subdivisions (1) through (3), an
11-24 obligor whose employer, union, trade association, or other
11-25 organization does not offer a child/children coverage option in
11-26 lieu of a spouse/child/children option of health insurance coverage
11-27 may elect to apply for coverage through the Texas Healthy Kids
12-1 Corporation. An obligor required to pay additional child support
12-2 to an obligee for health insurance coverage may elect to apply for
12-3 coverage through the Texas Healthy Kids Corporation if the
12-4 obligee's employer, union, trade association, or other organization
12-5 does not offer a child/children coverage option in lieu of a
12-6 spouse/child/children option of health insurance coverage].
12-7 [(c) In establishing the amount of additional medical child
12-8 support under Subsection (b)(5), the court shall presume that $38
12-9 each month is a reasonable amount for a child but may order a
12-10 greater or lesser amount as appropriate under the circumstances.
12-11 The Health and Human Services Commission may promulgate guidelines
12-12 for the dollar amounts of medical child support that the court may
12-13 presumptively apply in circumstances in which the obligor is
12-14 responsible for medical child support for more than one child.]
12-15 SECTION 14. Section 154.184, Family Code, is amended to read
12-16 as follows:
12-17 Sec. 154.184. EFFECT OF ORDER. (a) Receipt of a medical
12-18 support order requiring that health insurance be provided for a
12-19 child shall be considered a change in the family circumstances of
12-20 the employee or member, for health insurance purposes, equivalent
12-21 to the birth or adoption of a child.
12-22 (b) If the employee or member is eligible for dependent
12-23 health coverage, the employer shall automatically enroll the child
12-24 on [for the first 31 days after the] receipt of the order or notice
12-25 of the medical support order under Section 154.186 on the same
12-26 terms and conditions as apply to any other dependent child.
12-27 (c) The employer shall notify the insurer of the automatic
13-1 enrollment.
13-2 [(d) During the 31-day period, the employer and insurer
13-3 shall complete all necessary forms and procedures to make the
13-4 enrollment permanent or shall report in accordance with this
13-5 subchapter the reasons the coverage cannot be made permanent.]
13-6 SECTION 15. Section 154.185, Family Code, is amended to read
13-7 as follows:
13-8 Sec. 154.185. PARENT TO FURNISH INFORMATION. (a) The court
13-9 shall order a parent providing health insurance to furnish to
13-10 either the obligee, obligor, [local domestic relations office,] or
13-11 child support [Title IV-D] agency the following information not
13-12 later than the 30th day after the date the notice of rendition of
13-13 the order is received:
13-14 (1) the social security number of the parent;
13-15 (2) the name and address of the parent's employer;
13-16 (3) whether the employer is self-insured or has health
13-17 insurance available;
13-18 (4) proof that health insurance has been provided for
13-19 the child;
13-20 (5) if the employer has health insurance available,
13-21 the name of the health insurance carrier, the number of the policy,
13-22 a copy of the policy and schedule of benefits, a health insurance
13-23 membership card, claim forms, and any other information necessary
13-24 to submit a claim; and
13-25 (6) if the employer is self-insured, a copy of the
13-26 schedule of benefits, a membership card, claim forms, and any other
13-27 information necessary to submit a claim.
14-1 (b) The court shall also order a parent providing health
14-2 insurance to furnish the obligor, obligee, [local domestic
14-3 relations office,] or child support [Title IV-D] agency with
14-4 additional information regarding health insurance coverage not
14-5 later than the 15th day after the date the information is received
14-6 by the parent.
14-7 SECTION 16. Section 154.243, Family Code, is amended to read
14-8 as follows:
14-9 Sec. 154.243. PRODUCTION OF CHILD SUPPORT PAYMENT RECORD.
14-10 (a) The Title IV-D agency, a local registry, or the state
14-11 disbursement unit may comply with a subpoena or other order
14-12 directing the production of a child support payment record by
14-13 sending a certified copy of the record or an affidavit regarding
14-14 the payment record to the court that directed production of the
14-15 record.
14-16 (b) A child support payment record produced as provided by
14-17 this section is admissible as evidence of the truth of the
14-18 information contained in the record and does not require further
14-19 authentication or verification.
14-20 (c) A dispute of a matter stated in a payment record
14-21 produced under this section shall be resolved by deposition on
14-22 written interrogatories and does not require other testimony by an
14-23 official or other representative of the Title IV-D agency, a local
14-24 registry, or the state disbursement unit.
14-25 SECTION 17. Section 155.205, Family Code, is amended to read
14-26 as follows:
14-27 Sec. 155.205. TRANSFER OF CHILD SUPPORT REGISTRY. (a) On
15-1 rendition of an order transferring continuing, exclusive
15-2 jurisdiction to another court, the transferring court shall also
15-3 order that all future payments of child support be made to the
15-4 local registry of the transferee court[, the Title IV-D agency,]
15-5 or, if payments have previously been directed to the state
15-6 disbursement unit, to the state disbursement unit.
15-7 (b) The transferring court's local registry[, the Title IV-D
15-8 agency,] or the state disbursement unit shall continue to receive,
15-9 record, and forward child support payments to the payee until it
15-10 receives notice that the transferred case has been docketed by the
15-11 transferee court.
15-12 (c) After receiving notice of docketing from the transferee
15-13 court, the transferring court's local registry shall send a
15-14 certified copy of the child support payment record to the clerk of
15-15 the transferee court and shall forward any payments received to the
15-16 transferee court's local registry or to the state disbursement
15-17 unit, as appropriate.
15-18 SECTION 18. Section 155.207, Family Code, is amended by
15-19 amending Subsection (d) and by adding Subsection (e) to read as
15-20 follows:
15-21 (d) Except as provided by Subsection (e), the [The] clerk of
15-22 the transferring court shall send a certified copy of the order
15-23 directing payments to the transferee court, to any party or
15-24 employer affected by that order, and to the local registry of the
15-25 transferee court.
15-26 (e) If child support payments are required to be paid to the
15-27 state disbursement unit, the clerk of the transferring court shall
16-1 provide the obligor with appropriate information for remitting
16-2 payments to the unit.
16-3 SECTION 19. Section 156.003, Family Code, is amended to read
16-4 as follows:
16-5 Sec. 156.003. NOTICE. Except as provided by Section 156.409,
16-6 a [A] party whose rights and duties may be affected by a suit for
16-7 modification is entitled to receive notice by service of citation.
16-8 SECTION 20. Section 156.408(b), Family Code, is amended to
16-9 read as follows:
16-10 (b) If both parties and the child reside in this state, a
16-11 court of this state may modify an order of child support rendered
16-12 by an appropriate tribunal of another state after registration of
16-13 the order as provided by [and any aspect of conservatorship as
16-14 provided by this chapter without reference to] Chapter 159.
16-15 SECTION 21. Section 156.409, Family Code, is amended to read
16-16 as follows:
16-17 Sec. 156.409. CHANGE IN PHYSICAL POSSESSION. (a) If the
16-18 sole managing conservator of a child or the joint managing
16-19 conservator who designates the child's primary residence has
16-20 voluntarily relinquished the actual care, control, and possession
16-21 of the child for at least six months, the court may modify an order
16-22 providing for the support of the child to provide that the person
16-23 having physical possession of the child shall have the right to
16-24 receive and give receipt for payments of support for the child and
16-25 to hold or disburse money for the benefit of the child.
16-26 (b) Notice of a motion for modification of an order under
16-27 this section may be served by mailing a copy of the citation to the
17-1 respondent with a copy of the motion by first class mail to the
17-2 last mailing address of the respondent on file with the court and
17-3 to the state case registry. The notice may be served by the clerk
17-4 of the court, the movant's attorney, or any person entitled to
17-5 address information under Chapter 105. A person who serves notice
17-6 as provided by this subsection shall file in the record a
17-7 certificate of service showing the date of mailing and the name of
17-8 the person who sent the notice.
17-9 SECTION 22. Section 157.264, Family Code, is amended to read
17-10 as follows:
17-11 Sec. 157.264. ENFORCEMENT OF JUDGMENT [BY INCOME
17-12 WITHHOLDING]. (a) A money judgment rendered as provided in this
17-13 subchapter may be enforced by any means available for the
17-14 enforcement of a judgment for debts.
17-15 (b) The court may render [and by] an order requiring:
17-16 (1) that income be withheld from the disposable
17-17 earnings of the obligor in an amount sufficient to discharge the
17-18 judgment in not more than two years; or
17-19 (2) if the obligor is not subject to income
17-20 withholding, that the obligor make periodic payments to the obligee
17-21 in an amount sufficient to discharge the judgment in not more than
17-22 two years.
17-23 SECTION 23. Section 157.311, Family Code, is amended to read
17-24 as follows:
17-25 Sec. 157.311. DEFINITIONS. In this subchapter:
17-26 (1) "Account" has the meaning assigned that term by
17-27 Section 231.307.
18-1 (2) "Claimant" means:
18-2 (A) the obligee or a private attorney
18-3 representing the obligee;
18-4 (B) the Title IV-D agency providing child
18-5 support services;
18-6 (C) a domestic relations office or local
18-7 registry; or
18-8 (D) an attorney appointed as a friend of the
18-9 court.
18-10 (3) [(2)] "Court having continuing jurisdiction" is
18-11 the court of continuing, exclusive jurisdiction in this state or a
18-12 tribunal of another state having jurisdiction under the Uniform
18-13 Interstate Family Support Act or a substantially similar act.
18-14 (4) "Financial institution" has the meaning assigned
18-15 by 42 U.S.C. Section 669a(d)(1) and includes a depository
18-16 institution, credit union, benefit association, liability or life
18-17 insurance company, workers' compensation insurer, money market
18-18 mutual fund, and any similar entity authorized to do business in
18-19 this state.
18-20 (5) [(3)] "Lien" means a child support lien in this or
18-21 another state.
18-22 SECTION 24. Section 157.312(d), Family Code, is amended to
18-23 read as follows:
18-24 (d) A child support lien arises[:]
18-25 [(1)] by operation of law against real and personal
18-26 property of an obligor for all amounts of child [overdue] support
18-27 due and owing, including any accrued interest, regardless of
19-1 whether the amounts have been adjudicated or otherwise determined,
19-2 subject to the requirements of this subchapter for perfection of
19-3 the lien [recording and notice; or]
19-4 [(2) when a court having continuing jurisdiction or,
19-5 in a Title IV-D case, the Title IV-D agency determines an amount of
19-6 arrears owed by a child support obligor].
19-7 SECTION 25. Section 157.313, Family Code, is amended to read
19-8 as follows:
19-9 Sec. 157.313. CONTENTS OF CHILD SUPPORT LIEN NOTICE. (a)
19-10 Except as provided by Subsection (e), a [A] child support lien
19-11 notice must contain:
19-12 (1) the name and address of the person to whom the
19-13 notice is being sent;
19-14 (2) the style, docket or cause number, and identity of
19-15 the tribunal of this or another state having continuing
19-16 jurisdiction of the child support action and, if the case is a
19-17 Title IV-D case, the case number;
19-18 (3) [(2)] the full name, address, and, if known
19-19 [available], the birth date, driver's license number, [and] social
19-20 security number, and any aliases of the obligor;
19-21 (4) [(3)] the full name and, if known, social security
19-22 number[, if available,] of the obligee [and the child];
19-23 (5) [(4)] the amount of the current or prospective
19-24 child support obligation, the frequency with which current or
19-25 prospective child support is ordered to be paid, and the amount of
19-26 child support arrearages owed by the obligor and the date of the
19-27 signing of the court order, administrative order, or writ that
20-1 determined the arrearages or the date and manner in which the
20-2 arrearages were determined;
20-3 (6) [(5)] the rate of interest specified in the court
20-4 order, administrative order, or writ or, in the absence of a
20-5 specified interest rate, the rate provided for by law;
20-6 (7) [(6)] the name and address of the person or agency
20-7 asserting the lien; [and]
20-8 (8) [(7)] the motor vehicle identification number as
20-9 shown on the obligor's title if the property is a motor vehicle;
20-10 (9) a statement that the lien attaches to all
20-11 nonexempt real and personal property of the obligor that is located
20-12 or recorded in the state, including any property specifically
20-13 identified in the notice;
20-14 (10) a statement that any ordered child support not
20-15 timely paid in the future constitutes a final judgment for the
20-16 amount due and owing, including interest, and accrues up to an
20-17 amount that may not exceed the lien amount; and
20-18 (11) a statement that the obligor is being provided a
20-19 copy of the lien notice and that the obligor may dispute the
20-20 arrearage amount by filing suit under Section 157.323.
20-21 (b) A claimant may include any other information that the
20-22 claimant considers necessary.
20-23 (c) The lien notice must be verified.
20-24 (d) A claimant must file a notice for each after-acquired
20-25 motor vehicle.
20-26 (e) In an interstate enforcement action, notice of a lien
20-27 for child support may be provided by the form authorized by the
21-1 federal office of management and budget, subject to the provisions
21-2 of 42 U.S.C. Section 666(a)(4)(B).
21-3 SECTION 26. Section 157.314, Family Code, is amended to read
21-4 as follows:
21-5 Sec. 157.314. FILING LIEN NOTICE OR ABSTRACT OF JUDGMENT;
21-6 NOTICE TO OBLIGOR. (a) A child support lien notice or an abstract
21-7 of judgment for past due child support may be filed by the claimant
21-8 with the county clerk of:
21-9 (1) any county in which the obligor is believed to own
21-10 nonexempt real or personal property;
21-11 (2) the county in which the obligor resides; or
21-12 (3) the county in which the court having continuing
21-13 jurisdiction has venue of the suit affecting the parent-child
21-14 relationship.
21-15 (b) A child support lien notice may be filed with:
21-16 (1) the clerk of the court in which a claim,
21-17 counterclaim, or suit by, or on behalf of, the obligor, including a
21-18 claim or potential right to proceeds from an estate as an heir,
21-19 beneficiary, or creditor, is pending, provided that a copy of the
21-20 lien is mailed to the attorney of record for the obligor, if any;
21-21 (2) an attorney who represents the obligor in a claim
21-22 or counterclaim that has not been filed with a court;
21-23 (3) any other individual or organization believed to
21-24 be in possession of real or personal property of the obligor; or
21-25 (4) any governmental unit or agency that issues or
21-26 records certificates, titles, or other indicia of property
21-27 ownership.
22-1 (c) At the time the child support lien notice is filed, the
22-2 claimant shall deliver a copy of the notice to the obligor by first
22-3 class or certified mail, return receipt requested, addressed to the
22-4 obligor at the obligor's last known address. If another person is
22-5 known to have an ownership interest in the property subject to the
22-6 lien, the claimant shall deliver a copy of the lien notice to that
22-7 person at the time notice is provided to the obligor.
22-8 (d) If a child support lien notice is filed with a financial
22-9 institution with respect to an account of the obligor, the
22-10 institution shall immediately:
22-11 (1) provide the claimant with the last known address
22-12 of the obligor; and
22-13 (2) notify any other person having an ownership
22-14 interest in the account that the account has been frozen in an
22-15 amount not to exceed the amount of the child support arrearage
22-16 identified in the notice.
22-17 SECTION 27. Subchapter G, Chapter 157, Family Code, is
22-18 amended by adding Section 157.3145 to read as follows:
22-19 Sec. 157.3145. SERVICE ON FINANCIAL INSTITUTION. Service of
22-20 a child support lien notice on a financial institution in the name
22-21 of, or in behalf of, an obligor is governed by Section 59.008,
22-22 Finance Code, or any other applicable law.
22-23 SECTION 28. Section 157.315, Family Code, is amended to read
22-24 as follows:
22-25 Sec. 157.315. RECORDING AND INDEXING LIEN. (a) On receipt
22-26 of a child support lien notice, the county clerk shall immediately
22-27 record the notice in the county judgment records as provided in
23-1 Chapter 52, Property Code, and note in the records the date and
23-2 hour the notice is received.
23-3 (b) The county clerk may not charge the Title IV-D agency, a
23-4 domestic relations office, a friend of the court, or any other
23-5 party a fee for recording the notice of a lien. To qualify for
23-6 this exemption, the lien notice must be styled "Notice of Child
23-7 Support Lien[.]" or be in the form authorized by the federal Office
23-8 of Management and Budget.
23-9 (c) The county clerk may not charge the Title IV-D agency, a
23-10 domestic relations office, or a friend of the court a fee for
23-11 recording the release of a child support lien. The lien release
23-12 must be styled "Release of Child Support Lien."
23-13 SECTION 29. Section 157.316, Family Code, is amended by
23-14 amending Subsection (a) and adding Subsection (c) to read as
23-15 follows:
23-16 (a) Except as provided by Subsections [Subsection] (b) and
23-17 (c), a child support lien is perfected when an abstract of judgment
23-18 for past due child support or a child support lien notice is filed
23-19 with the county clerk as provided by this subchapter.
23-20 (c) If a lien under this subchapter attaches to a financial
23-21 institution account in which the obligor has a sole or part
23-22 ownership interest, the lien is perfected when a copy of the child
23-23 support lien notice is delivered to the financial institution
23-24 holding the account.
23-25 SECTION 30. Section 157.317(a), Family Code, is amended to
23-26 read as follows:
23-27 (a) A child support lien attaches to all real and personal
24-1 property not exempt under the Texas Constitution or other law,
24-2 including an [a depository] account in a financial institution,
24-3 [including a mutual fund money market account, or] a retirement
24-4 plan, including an individual retirement account, the proceeds of a
24-5 life insurance policy, a claim for negligence, personal injury, or
24-6 workers' compensation, or an insurance award for the claim, due to
24-7 or owned by the obligor on or after the date the lien notice or
24-8 abstract of judgment is filed with the county clerk of the county
24-9 in which the property is located, with the court clerk as to
24-10 property or claims in litigation, or, as to property of the obligor
24-11 in the possession or control of a third party, from the date the
24-12 lien notice is filed with that party. [Service of a lien notice on
24-13 a financial institution relating to property held by the financial
24-14 institution in the name of or on behalf of an obligor who is a
24-15 customer of the financial institution is governed by Section
24-16 59.008, Finance Code.]
24-17 SECTION 31. Section 157.319, Family Code, is amended by
24-18 adding Subsection (c) to read as follows:
24-19 (c) This section does not affect the validity or priority of
24-20 a lien of a health care provider, a lien for attorney's fees, or a
24-21 lien of a holder of a security interest. This section does not
24-22 affect the assignment of rights or subrogation of a claim under
24-23 Title XIX of the federal Social Security Act (42 U.S.C. Section
24-24 1396 et seq.), as amended.
24-25 SECTION 32. Section 157.321, Family Code, is amended to read
24-26 as follows:
24-27 Sec. 157.321. DISCRETIONARY RELEASE OF LIEN. A child support
25-1 lien claimant may at any time release a lien on all or part of the
25-2 property of the obligor or return seized property, without
25-3 liability, if assurance of payment is considered adequate by the
25-4 claimant or if the release or return will facilitate the collection
25-5 of the arrearages. The release or return may not operate to
25-6 prevent future action to collect from the same or other property
25-7 owned by the obligor.
25-8 SECTION 33. Section 157.322, Family Code, is amended to read
25-9 as follows:
25-10 Sec. 157.322. MANDATORY RELEASE OF LIEN. (a) On payment in
25-11 full of the amount of child support due, together with any costs
25-12 and reasonable attorney's fees, the child support lien claimant
25-13 shall execute and deliver to the obligor or the obligor's attorney
25-14 a release of the child support lien.
25-15 (b) The release of the child support lien is effective when
25-16 filed with:
25-17 (1) the county clerk with whom the lien notice or
25-18 abstract of judgment was filed; or
25-19 (2) [. A copy of the release of lien may be filed
25-20 with] any other individual or organization that may have been
25-21 served with a lien notice under this subchapter.
25-22 SECTION 34. Sections 157.323(a) and (b), Family Code, are
25-23 amended to read as follows:
25-24 (a) In addition to any other remedy provided by law, an
25-25 action to foreclose a child support lien, [or] to dispute the
25-26 amount of arrearages stated in the lien, or to resolve issues of
25-27 ownership interest with respect to property subject to a child
26-1 support lien may be brought in the court of continuing jurisdiction
26-2 or, if there is no court of continuing jurisdiction in this state,
26-3 in the district court of the county in which the property is or was
26-4 located and the lien was filed.
26-5 (b) The procedures provided by Subchapter B apply to a
26-6 foreclosure action under this section, except that a person or
26-7 organization in possession of the property of the obligor or known
26-8 to have an ownership interest in property that is subject to the
26-9 lien may be joined as an additional respondent.
26-10 SECTION 35. Section 157.324, Family Code, is amended to read
26-11 as follows:
26-12 Sec. 157.324. LIABILITY FOR FAILURE TO COMPLY WITH ORDER OR
26-13 LIEN. A person who knowingly disposes of property subject to a
26-14 child support lien, [or] who, after a foreclosure hearing, fails to
26-15 surrender on demand nonexempt personal property as directed by a
26-16 court or administrative order under this subchapter, or who fails
26-17 to comply with a notice of levy under this subchapter is liable to
26-18 the claimant in an amount equal to the arrearages for which the
26-19 lien, notice of levy, or foreclosure judgment was issued.
26-20 SECTION 36. Section 157.325(a), Family Code, is amended to
26-21 read as follows:
26-22 (a) If a person has in the person's possession earnings,
26-23 deposits, accounts, [or] balances, or other funds or assets of the
26-24 obligor, including the proceeds of a judgment or other settlement
26-25 of a claim or counterclaim due to the obligor that are in excess of
26-26 the amount of arrearages specified in the child support lien, the
26-27 holder of the nonexempt personal property or the obligor may
27-1 request that the claimant release any excess amount from the lien.
27-2 The claimant shall grant the request and discharge any lien on the
27-3 excess amount unless the security for the arrearages would be
27-4 impaired.
27-5 SECTION 37. Section 157.326, Family Code, is amended to read
27-6 as follows:
27-7 Sec. 157.326. INTEREST OF OBLIGOR'S SPOUSE OR ANOTHER PERSON
27-8 HAVING OWNERSHIP INTEREST. (a) A spouse of an obligor or another
27-9 person having an ownership interest in property that is subject to
27-10 a child support lien may file suit under Section 157.323 to [an
27-11 affidavit with the court of continuing jurisdiction or, if there is
27-12 no court of continuing jurisdiction in this state, in the district
27-13 court of the county in which the property is or was located and the
27-14 lien was filed requesting that the court] determine the extent, if
27-15 any, of the spouse's or other person's interest in real or personal
27-16 property that is subject to:
27-17 (1) a lien perfected under this subchapter; or
27-18 (2) an action to foreclose under this subchapter.
27-19 (b) After notice to the obligor, the obligor's spouse, any
27-20 other person alleging an ownership interest, the claimant, and the
27-21 obligee, the court shall conduct a hearing and determine the
27-22 extent, if any, of the ownership interest in the property held by
27-23 the obligor's spouse or other person. If the court finds that:
27-24 (1) the property is the separate property of the
27-25 obligor's spouse or the other person, the court shall order that
27-26 the lien against the property be released and that any action to
27-27 foreclose on the property be dismissed; [or]
28-1 (2) the property is jointly owned by the obligor and
28-2 the obligor's spouse, the court shall determine whether the sale of
28-3 the obligor's interest in the property would result in an
28-4 unreasonable hardship on the obligor's spouse or family and:
28-5 (A) if so, the court shall render an order that
28-6 the obligor's interest in the property not be sold and that the
28-7 lien against the property should be released; or
28-8 (B) if not, the court shall render an order
28-9 partitioning the property and directing that the property be sold
28-10 and the proceeds applied to the child support arrearages; or
28-11 (3) the property is owned in part by another person,
28-12 other than the obligor's spouse, the court shall render an order
28-13 partitioning the property and directing that the obligor's share of
28-14 the property be applied to the child support arrearages.
28-15 (c) In a proceeding under this section, the spouse or other
28-16 person claiming an ownership interest in the property has the
28-17 burden to prove the extent of that ownership interest.
28-18 SECTION 38. Subchapter G, Chapter 157, Family Code, is
28-19 amended by adding Sections 157.327-157.331 to read as follows:
28-20 Sec. 157.327. EXECUTION AND LEVY ON FINANCIAL ASSETS OF
28-21 OBLIGOR. (a) Notwithstanding any other provision of law, if a
28-22 judgment or administrative determination of arrearages has been
28-23 rendered, a claimant may deliver a notice of levy to any financial
28-24 institution possessing or controlling assets or funds owned by, or
28-25 owed to, an obligor and subject to a child support lien perfected
28-26 under this subchapter, including a lien for child support arising
28-27 in another state.
29-1 (b) The notice under this section must:
29-2 (1) identify the amount of child support arrearages
29-3 owing at the time of levy; and
29-4 (2) direct the financial institution to pay to the
29-5 claimant not later than the 21st day after the date of delivery of
29-6 the notice, an amount from the assets of the obligor or from funds
29-7 due to the obligor that are held or controlled by the institution,
29-8 not to exceed the amount of the child support arrearages identified
29-9 in the notice, unless:
29-10 (A) the institution is notified by the claimant
29-11 that the obligor has paid the arrearages or made arrangements
29-12 satisfactory to the claimant for the payment of the arrearages; or
29-13 (B) the obligor or another person files a suit
29-14 under Section 157.323 requesting a hearing by the court.
29-15 (c) A financial institution that receives a notice of levy
29-16 under this section may not close an account in which the obligor
29-17 has an ownership interest, permit a withdrawal from any account the
29-18 obligor owns, in whole or in part, or pay funds to the obligor so
29-19 that any amount remaining in the account is less than the amount of
29-20 the arrearages identified in the notice, plus any fees due to the
29-21 institution and any costs of the levy identified by the claimant.
29-22 (d) A financial institution that receives a notice of levy
29-23 under this section shall notify any other person having an
29-24 ownership interest in an account in which the obligor has an
29-25 ownership interest that the account has been levied on in an amount
29-26 not to exceed the amount of the child support arrearages identified
29-27 in the notice of levy.
30-1 (e) The notice of levy may be delivered to a financial
30-2 institution as provided by Section 59.008, Finance Code, if the
30-3 institution is subject to that law or may be delivered to the
30-4 registered agent or the institution's main business office in this
30-5 state.
30-6 Sec. 157.328. NOTICE OF LEVY SENT TO OBLIGOR. (a) At the
30-7 time the notice of levy under Section 157.327 is delivered to a
30-8 financial institution, the claimant shall serve the obligor with a
30-9 copy of the notice.
30-10 (b) The notice of levy delivered to the obligor must inform
30-11 the obligor that:
30-12 (1) the claimant will not proceed with levy if the
30-13 obligor pays in full the amount of arrearages identified in the
30-14 notice or otherwise makes arrangements acceptable to the claimant
30-15 for the payment of the arrearage amounts; and
30-16 (2) the obligor may contest the levy by filing suit
30-17 under Section 157.323.
30-18 (c) If the claimant is the Title IV-D agency, the obligor
30-19 receiving a notice of levy may request review by the agency to
30-20 resolve any issue in dispute regarding the existence or amount of
30-21 the arrearages. The agency shall provide an opportunity for a
30-22 review, by telephone conference or in person, as appropriate to the
30-23 circumstances, not later than the fifth business day after the date
30-24 an oral or written request from the obligor for the review is
30-25 received. If the review fails to resolve any issue in dispute, the
30-26 obligor may file suit under Section 157.323 for a hearing by the
30-27 court.
31-1 (d) The notice under this section may be delivered to the
31-2 last known address of the obligor by first class mail, certified
31-3 mail, or registered mail.
31-4 Sec. 157.329. NO LIABILITY FOR COMPLIANCE WITH NOTICE OF
31-5 LEVY. A financial institution that possesses or has a right to an
31-6 obligor's assets for which a notice of levy has been delivered and
31-7 that surrenders the assets or right to assets to a child support
31-8 lien claimant is not liable to the obligor or any other person for
31-9 the property or rights surrendered.
31-10 Sec. 157.330. FAILURE TO COMPLY WITH NOTICE OF LEVY. A
31-11 person who possesses or has a right to property that is the
31-12 subject of a notice of levy delivered to the person and who refuses
31-13 to surrender the property or right to property to the claimant on
31-14 demand is liable to the claimant in an amount equal to the value of
31-15 the property or right to property not surrendered but that does not
31-16 exceed the amount of the child support arrearages for which the
31-17 notice of levy has been filed.
31-18 Sec. 157.331. ADDITIONAL LEVY TO SATISFY ARREARAGES. If the
31-19 property or right to property on which a notice of levy has been
31-20 filed does not produce money sufficient to satisfy the amount of
31-21 child support arrearages identified in the notice of levy, the
31-22 claimant may proceed to levy on other property of the obligor until
31-23 the total amount of child support due is paid.
31-24 SECTION 39. Section 158.103, Family Code, is amended to read
31-25 as follows:
31-26 Sec. 158.103. CONTENTS OF ORDER OR WRIT OF WITHHOLDING. An
31-27 order of withholding or writ of withholding issued under this
32-1 chapter must contain the information required by the forms
32-2 prescribed by the Title IV-D agency under Section 158.106 [that is
32-3 necessary for an employer or other entity to comply with the
32-4 existing child support order, including:]
32-5 [(1) the style, cause number, and court having
32-6 continuing jurisdiction of the suit;]
32-7 [(2) the name, address, and, if available, the social
32-8 security number of the obligor;]
32-9 [(3) the amount and duration of the child support
32-10 payments and medical support payments or other provisions for
32-11 medical support, the amount of arrearages, accrued interest, and
32-12 ordered fees and costs;]
32-13 [(4) the name, address, and, if available, the social
32-14 security numbers of the child and the obligee;]
32-15 [(5) the name and address of the person or agency to
32-16 whom the payments shall be made;]
32-17 [(6) the amount of income to be withheld and remitted;
32-18 and]
32-19 [(7) whether the child is to be enrolled in health
32-20 insurance coverage available through the obligor's employment].
32-21 SECTION 40. Sections 158.105(b)-(d), Family Code, are amended
32-22 to read as follows:
32-23 (b) [In order to inform the employer, the clerk shall attach
32-24 a copy of Subchapter C to the order or writ.]
32-25 [(c)] The clerk shall issue and mail the certified copy of
32-26 the order or judicial writ not later than the fourth working day
32-27 after the date the order is signed or the request is filed,
33-1 whichever is later.
33-2 (c) [(d)] An order or judicial writ of withholding shall be
33-3 delivered to the employer by certified or registered mail, return
33-4 receipt requested, electronic transmission, or by service of
33-5 citation to:
33-6 (1) the person authorized to receive service of
33-7 process for the employer in civil cases generally; or
33-8 (2) a person designated by the employer, by written
33-9 notice to the clerk, to receive orders or writs of withholding.
33-10 SECTION 41. Section 158.106(a), Family Code, is amended to
33-11 read as follows:
33-12 (a) The Title IV-D agency shall prescribe forms as required
33-13 [authorized] by federal law and regulations in a standard format
33-14 entitled order or notice to withhold income for child support.
33-15 SECTION 42. Section 158.206, Family Code, is amended to read
33-16 as follows:
33-17 Sec. 158.206. LIABILITY AND OBLIGATION OF EMPLOYER; WORKERS'
33-18 COMPENSATION CLAIMS [FOR PAYMENTS]. (a) An employer receiving an
33-19 order or a writ of withholding under this chapter, including an
33-20 order or writ directing that health insurance be provided to a
33-21 child, who complies with the order or writ is not liable to the
33-22 obligor for the amount of income withheld and paid as required by
33-23 the order or writ.
33-24 (b) An employer receiving an order or writ of withholding
33-25 who does not comply with the order or writ is liable:
33-26 (1) to the obligee for the amount not paid in
33-27 compliance with the order or writ, including the amount the obligor
34-1 is required to pay for health insurance under Chapter 154;
34-2 (2) to the obligor for:
34-3 (A) the amount withheld and not paid as required
34-4 by the order or writ; and
34-5 (B) an amount equal to the interest that accrues
34-6 under Section 157.265 on the amount withheld and not paid; and
34-7 (3) for reasonable attorney's fees and court costs.
34-8 (c) If an obligor has filed a claim for workers'
34-9 compensation, the obligor's employer shall send a copy of the
34-10 income withholding order or writ to the insurance carrier with whom
34-11 the claim has been filed in order to continue the ordered
34-12 withholding of income.
34-13 SECTION 43. Section 158.501, Family Code, is amended by
34-14 adding Subsection (c) to read as follows:
34-15 (c) The Title IV-D agency may use the procedures authorized
34-16 by this subchapter to enforce a support order rendered by a
34-17 tribunal of another state regardless of whether the order has been
34-18 registered under Chapter 159.
34-19 SECTION 44. Section 158.502(c), Family Code, is amended to
34-20 read as follows:
34-21 (c) The Title IV-D agency may issue an administrative writ
34-22 of withholding as a reissuance of an existing withholding order on
34-23 file with the court of continuing jurisdiction or a tribunal of
34-24 another state. The administrative writ under this subsection is
34-25 not subject to the contest provisions of Sections 158.505(a)(2) and
34-26 158.506.
34-27 SECTION 45. Section 158.503(b), Family Code, is amended to
35-1 read as follows:
35-2 (b) Not later than the third business day after the date of
35-3 delivery of the administrative writ of withholding to an employer,
35-4 the Title IV-D agency shall file a copy of the writ, together with
35-5 a signed certificate of service, in the court of continuing
35-6 jurisdiction. The certificate of service may be signed
35-7 electronically. This subsection does not apply to the enforcement
35-8 under Section 158.501(c) of a support order rendered by a tribunal
35-9 of another state.
35-10 SECTION 46. Section 158.504(b), Family Code, is amended to
35-11 read as follows:
35-12 (b) An administrative writ of withholding issued under this
35-13 subchapter may contain only the information that is necessary for
35-14 the employer to withhold income for child support and medical
35-15 support and shall specify the place where the withheld income is to
35-16 be paid [comply with the existing support order, including the
35-17 amount of current support and medical support, the amount of
35-18 arrearages, accrued interest, and the amount of earnings to be
35-19 withheld].
35-20 SECTION 47. Section 158.505(a), Family Code, is amended to
35-21 read as follows:
35-22 (a) On issuance of an administrative writ of withholding,
35-23 the Title IV-D agency shall send the obligor:
35-24 (1) notice that the withholding has commenced,
35-25 including, if the writ is issued as provided by Section 158.502(b),
35-26 the amount of the arrearages, including accrued interest;
35-27 (2) except as provided by Section 158.502(c), notice
36-1 of the procedures to follow if the obligor desires to contest
36-2 withholding on the grounds that the identity of the obligor or the
36-3 existence or amount of arrearages is incorrect; and
36-4 (3) a copy of the administrative writ, including the
36-5 information concerning income withholding provided to the employer.
36-6 SECTION 48. Section 160.003(b), Family Code, is amended to
36-7 read as follows:
36-8 (b) It is rebuttably presumed in a trial on the merits
36-9 before a judge [or jury] that the interests of the child will be
36-10 adequately represented by the party bringing suit to determine
36-11 parentage of the child. If the court finds that the interests of
36-12 the child will not be adequately represented by a party to the suit
36-13 or are adverse to that party, the court shall appoint an attorney
36-14 ad litem to represent the child.
36-15 SECTION 49. Section 160.006(a), Family Code, is amended to
36-16 read as follows:
36-17 (a) On [a verdict of the jury, or on] a finding of the court
36-18 [if there is no jury], the court shall render a final order
36-19 declaring whether an alleged parent is the biological parent of the
36-20 child.
36-21 SECTION 50. Section 160.207(a), Family Code, is amended to
36-22 read as follows:
36-23 (a) A person who may contest a presumption of paternity
36-24 under Section 160.101 may contest an acknowledgment of paternity or
36-25 a denial of paternity by filing a suit affecting the parent-child
36-26 relationship. A suit to contest an acknowledgment of paternity or
36-27 a denial of paternity that is filed after the time for a suit to
37-1 rescind under Section 160.206 may be filed only on the basis of
37-2 fraud, duress, or material mistake of fact. The court shall
37-3 conduct a preliminary hearing on the petition to determine whether
37-4 grounds exist for the suit to go forward and, if the court finds by
37-5 a preponderance of the evidence that fraud, duress, or material
37-6 mistake of fact may have occurred, the court shall allow the suit
37-7 to proceed. The party challenging the acknowledgment of paternity
37-8 or the denial of paternity has the burden of proof.
37-9 SECTION 51. Section 231.104(a), Family Code, is amended to
37-10 read as follows:
37-11 (a) To the extent authorized by federal law, the approval of
37-12 an application for or the receipt of financial assistance as
37-13 provided by Chapter 31, Human Resources Code, constitutes an
37-14 assignment to the Title IV-D agency of any rights to support from
37-15 any other person that the applicant or recipient may have
37-16 personally or for a child for whom the applicant or recipient is
37-17 claiming assistance[, including the right to the amount accrued at
37-18 the time the application is filed or the assistance is received].
37-19 SECTION 52. Section 201.1041, Family Code, is amended by
37-20 amending Subsection (b) and adding Subsection (d) to read as
37-21 follows:
37-22 (b) A master's report that recommends enforcement by
37-23 contempt or the immediate incarceration of a party becomes an order
37-24 of the referring court only if:
37-25 (1) the referring court signs an order adopting the
37-26 master's recommendation; and
37-27 (2) the order meets the requirements of Section
38-1 157.166.
38-2 (d) Only the referring court may render an order for
38-3 post-judgment relief, including an order for a new trial.
38-4 SECTION 53. Section 201.1042, Family Code, is amended by
38-5 adding Subsection (g) to read as follows:
38-6 (g) Until a hearing is held on a timely filed appeal under
38-7 this section, a master may not hold a hearing on the respondent's
38-8 compliance with conditions in the master's report for suspension of
38-9 incarceration.
38-10 SECTION 54. Sections 231.105(a) and (b), Family Code, are
38-11 amended to read as follows:
38-12 (a) Child support payments for the benefit of a child whose
38-13 support rights have been assigned to the Title IV-D agency under
38-14 Section 231.104 shall be made payable to [and transmitted to] the
38-15 Title IV-D agency and transmitted to the state disbursement unit as
38-16 provided by Chapter 234.
38-17 (b) If a court has ordered support payments to be made to an
38-18 applicant for or recipient of financial assistance or to an [a
38-19 person other than the] applicant for or recipient of Title IV-D
38-20 services, the Title IV-D agency shall, on providing notice to the
38-21 obligee and the obligor, direct the obligor or other payor to make
38-22 support payments payable to the Title IV-D agency and to transmit
38-23 the payments to the state disbursement unit [agency]. The Title
38-24 IV-D agency shall file a copy of the notice with the court ordering
38-25 the payments and with the child support registry. The notice must
38-26 include:
38-27 (1) a statement that the child is an applicant for or
39-1 recipient of financial assistance, or a child other than a
39-2 recipient child for whom Title IV-D services are provided;
39-3 (2) the name of the child and the caretaker for whom
39-4 support has been ordered by the court;
39-5 (3) the style and cause number of the case in which
39-6 support was ordered; and
39-7 (4) instructions for the payment of ordered support to
39-8 the agency.
39-9 SECTION 55. Subchapter B, Chapter 201, Family Code, is
39-10 amended by adding Section 201.113 to read as follows:
39-11 Sec. 201.113. VISITING CHILD SUPPORT MASTER. (a) If a child
39-12 support master appointed under this subchapter is temporarily
39-13 unable to perform the master's official duties because of absence,
39-14 illness, injury, or disability, the presiding judge of the
39-15 administrative judicial region in which the master serves may
39-16 appoint a visiting child support master to perform the duties of
39-17 the master during the period the master is unable to perform the
39-18 master's duties.
39-19 (b) A person is not eligible for appointment under this
39-20 section unless the person has served as a child support master,
39-21 associate judge, or judge for at least four years before the date
39-22 of appointment.
39-23 (c) A visiting master appointed under this section is
39-24 subject to each provision of this chapter that applies to a child
39-25 support master serving under a regular appointment.
39-26 SECTION 56. Section 231.202, Family Code, is amended to read
39-27 as follows:
40-1 Sec. 231.202. AUTHORIZED COSTS AND FEES IN TITLE IV-D CASES.
40-2 In a Title IV-D case filed under this title, the Title IV-D agency
40-3 shall pay:
40-4 (1) filing fees and fees for issuance and service of
40-5 process payable to a district or county clerk as provided by
40-6 Chapter 110 of this code and by Sections 51.317, 51.318(b)(2), and
40-7 51.319(2), Government Code;
40-8 (2) fees for transfer as provided by Chapter 110;
40-9 (3) fees for the issuance and delivery of orders and
40-10 writs of income withholding in the amounts provided by Chapter 110;
40-11 and
40-12 (4) a fee of $45 for each item of process to each
40-13 individual on whom service is required, including service by
40-14 certified or registered mail, to be paid to a sheriff, constable,
40-15 or clerk whenever service of process is required.
40-16 SECTION 57. Section 231.204, Family Code, is amended to read
40-17 as follows:
40-18 Sec. 231.204. PROHIBITED FEES IN TITLE IV-D CASES. Except as
40-19 provided by this subchapter, an appellate court, a clerk of an
40-20 appellate court, a district or county clerk, sheriff, constable, or
40-21 other government officer or employee may not charge the Title IV-D
40-22 agency or a private attorney or political subdivision that has
40-23 entered into a contract to provide Title IV-D services any fees or
40-24 other amounts otherwise imposed by law for services rendered in, or
40-25 in connection with, a Title IV-D case, including:
40-26 (1) a fee payable to a district clerk for:
40-27 (A) performing services related to the estates
41-1 of deceased persons or minors;
41-2 (B) certifying copies; or
41-3 (C) comparing copies to originals;
41-4 (2) a court reporter fee, except as provided by
41-5 Section 231.209;
41-6 (3) a judicial fund fee;
41-7 (4) a fee for a child support registry, enforcement
41-8 office, or domestic relations office; [and]
41-9 (5) a fee for alternative dispute resolution services;
41-10 and
41-11 (6) a filing fee or other costs payable to a clerk of
41-12 an appellate court.
41-13 SECTION 58. Sections 231.301(a) and (b), Family Code, are
41-14 amended to read as follows:
41-15 (a) The parent locator service operated [conducted] by the
41-16 Title IV-D agency shall use all sources of information and
41-17 available records authorized by law, including the federal parent
41-18 locator service under 42 U.S.C. Section 653, [be used] to obtain
41-19 information for:
41-20 (1) the establishment of paternity and the [child
41-21 support] establishment, modification, or [and] enforcement of child
41-22 support [purposes] regarding the identity, social security number,
41-23 location, employer and employment benefits, income, and assets or
41-24 debts of any individual under an obligation to pay child or medical
41-25 support or to whom a support obligation is owed; or
41-26 (2) the establishment or enforcement of a
41-27 determination on the possession of or access to a child as provided
42-1 by federal law (42 U.S.C. Section 663) [paternity].
42-2 (b) As authorized by federal law and subject to
42-3 confidentiality and privacy safeguards, the following persons may
42-4 receive information available through the federal parent locator
42-5 service under this section:
42-6 (1) for child support enforcement purposes:
42-7 (A) a person or entity who [that] contracts with
42-8 the Title IV-D agency to provide services authorized under Title
42-9 IV-D or an employee of the Title IV-D agency;
42-10 (B) a court having jurisdiction to render a
42-11 child support order;
42-12 (C) the resident parent, legal guardian,
42-13 attorney, or agent of a child, other than a child receiving
42-14 assistance under Chapter 31, Human Resources Code, regardless of
42-15 whether an order for support of the child has been rendered; and
42-16 (D) the state agency administering child welfare
42-17 services and substitute care and adoption assistance under Title
42-18 IV-B and Title IV-E of the federal Social Security Act; and
42-19 (2) for the purposes of a determination on the
42-20 possession of or access to a child:
42-21 (A) an agent or attorney of the state who has
42-22 the duty or authority, by law, to enforce an order for the
42-23 possession of or access to a child;
42-24 (B) [(3)] a court, or an agent of the court,
42-25 having jurisdiction to render or enforce an order for the
42-26 possession of or access to a child; and
42-27 (C) an agent or attorney of the United States or
43-1 of this state who has the duty or authority to investigate,
43-2 enforce, or initiate a prosecution with respect to the unlawful
43-3 taking or restraint of a child [(4) the resident parent, legal
43-4 guardian, attorney, or agent of a child who is not receiving public
43-5 assistance; and]
43-6 [(5) a state agency that administers a program
43-7 operated under a state plan as provided by 42 U.S.C. Section
43-8 653(c)].
43-9 SECTION 59. Section 231.302(b), Family Code, is amended to
43-10 read as follows:
43-11 (b) A government agency, private company, institution, or
43-12 other entity shall provide the information requested under
43-13 Subsection (a) directly to the Title IV-D agency, without the
43-14 requirement of payment of a fee for the information, and shall,
43-15 subject to safeguards on privacy and information security, provide
43-16 the information in the most efficient and expeditious manner
43-17 available, including electronic or automated transfer and
43-18 interface. Any individual or entity disclosing information under
43-19 this section in response to a request from a Title IV-D agency may
43-20 not be held liable in any civil action or proceeding to any person
43-21 for the disclosure of information under this subsection.
43-22 SECTION 60. Sections 231.307(a) and (e), Family Code, are
43-23 amended to read as follows:
43-24 (a) The Title IV-D agency shall develop a system meeting the
43-25 requirements of federal law (42 U.S.C. Sections 666(a)(4) and (17))
43-26 [42 U.S.C. Section 666(a)(17)] for the [quarterly] exchange of data
43-27 with financial institutions doing business in the state to identify
44-1 an account of an obligor owing past-due child support and enforce
44-2 support obligations against the obligor.
44-3 (e) In this section:
44-4 (1) "Financial institution" has the meaning assigned
44-5 by 42 U.S.C. Section 669a(d)(1); and
44-6 (2) "Account" means:
44-7 (A) any type of a demand deposit account,
44-8 checking or negotiable withdrawal order account, savings account,
44-9 time deposit account, [or] money market mutual fund account,
44-10 certificate of deposit, or any other instrument of deposit in which
44-11 an individual has a beneficial ownership either in its entirety or
44-12 on a shared or multiple party basis, including any accrued interest
44-13 and dividends; and
44-14 (B) a life insurance policy in which an
44-15 individual has a beneficial ownership or liability insurance
44-16 against which an individual has filed a claim or counterclaim,
44-17 including for workers' compensation.
44-18 SECTION 61. Section 232.001(4), Family Code, is amended to
44-19 read as follows:
44-20 (4) "Subpoena" means a judicial or administrative
44-21 subpoena issued in a parentage determination or child support
44-22 proceeding under this title.
44-23 SECTION 62. Sections 232.003(a) and (b), Family Code, are
44-24 amended to read as follows:
44-25 (a) A court or the Title IV-D agency may issue an order
44-26 suspending a license as provided by this chapter if an individual
44-27 who is an obligor:
45-1 (1) owes overdue [has a] child support in an amount
45-2 [arrearage] equal to or greater than the total support due for
45-3 three months [90 days] under a support order;
45-4 (2) has been provided an opportunity to make payments
45-5 toward the overdue child support [arrearage] under a court-ordered
45-6 [court order] or [an] agreed repayment schedule; and
45-7 (3) has failed to comply with the repayment schedule.
45-8 (b) A court or the Title IV-D agency may issue an order
45-9 suspending a license as provided by this chapter if a parent or
45-10 alleged parent [an individual] has failed, after receiving
45-11 appropriate notice, to comply with a subpoena.
45-12 SECTION 63. Section 232.005(a), Family Code, is amended to
45-13 read as follows:
45-14 (a) A petition under this chapter must state that license
45-15 suspension is required under Section 232.003 and allege:
45-16 (1) the name and, if known, social security number of
45-17 the individual;
45-18 (2) with regard to each license, the type, and if
45-19 known, number of any license the individual is believed to hold and
45-20 the name of the licensing authority that issued the license; and
45-21 (3) the amount of arrearages owed under the child
45-22 support order or the facts associated with the individual's failure
45-23 to comply with a subpoena.
45-24 SECTION 64. Section 232.009, Family Code, is amended to read
45-25 as follows:
45-26 Sec. 232.009. DEFAULT ORDER. The court or Title IV-D agency
45-27 shall consider the allegations of the petition for suspension to be
46-1 admitted and shall render an order suspending the license of an
46-2 obligor without the requirement of a hearing if the court or Title
46-3 IV-D agency determines that the individual failed to[:]
46-4 [(1)] respond to a notice issued under Section 232.006
46-5 by:
46-6 (1) requesting [;]
46-7 [(2) request] a hearing; or
46-8 (2) appearing [(3) appear] at a scheduled hearing.
46-9 SECTION 65. Section 232.011, Family Code, is amended by
46-10 adding Subsection (i) to read as follows:
46-11 (i) An order issued under this chapter to suspend a license
46-12 applies to each license issued by the licensing authority subject
46-13 to the order for which the obligor is eligible. The licensing
46-14 authority may not issue or renew any other license for the obligor
46-15 until the court or the Title IV-D agency renders an order vacating
46-16 or staying an order suspending license.
46-17 SECTION 66. Section 232.015(b), Family Code, is amended to
46-18 read as follows:
46-19 (b) A licensing authority shall provide the requested
46-20 information in the form and manner identified [agreed to] by the
46-21 Title IV-D agency [and the licensing authority].
46-22 SECTION 67. Section 233.006, Family Code, is amended to read
46-23 as follows:
46-24 Sec. 233.006. CONTENTS OF NOTICE OF CHILD SUPPORT REVIEW.
46-25 (a) The notice of child support review issued by the Title IV-D
46-26 agency must:
46-27 (1) describe the procedure for a child support review,
47-1 including the procedures for requesting a negotiation conference;
47-2 (2) inform the recipient that the recipient may be
47-3 represented by legal counsel during the review process or at a
47-4 court hearing; and
47-5 (3) inform the recipient that the recipient may refuse
47-6 to participate or cease participation in the child support review
47-7 process, but that the refusal by the recipient to participate will
47-8 not prevent the completion of the process or the filing of a child
47-9 support review order[;]
47-10 [(4) include an affidavit of financial resources to be
47-11 executed by the recipient; and]
47-12 [(5) include a request that the recipient designate,
47-13 on a form provided by the Title IV-D agency, an address for mailing
47-14 any subsequent notice to the recipient].
47-15 (b) In addition to the information required by Subsection
47-16 (a), the notice of child support review may [must] inform the
47-17 recipient that:
47-18 (1) an affidavit of financial resources included with
47-19 the notice must be executed by the recipient and [the information
47-20 requested on the form must be] returned to the Title IV-D agency
47-21 not later than the 15th day after the date the notice is received
47-22 or delivered; and
47-23 (2) if the requested affidavit of financial resources
47-24 [information] is not returned as required, the agency may:
47-25 (A) proceed with the review using the
47-26 information that is available to the agency; and
47-27 (B) file a legal action without further notice
48-1 to the recipient, except as otherwise required by law.
48-2 SECTION 68. Section 233.009, Family Code, is amended by
48-3 adding Subsection (f) to read as follows:
48-4 (f) Notwithstanding any other provision of this chapter, if
48-5 the parties have agreed to the terms of a proposed child support
48-6 review order and each party has signed the order, including a
48-7 waiver of the right to service of process as provided by Section
48-8 233.018, the Title IV-D agency may immediately present the order
48-9 and waiver to the court for confirmation without conducting a
48-10 negotiation conference or requiring the production of financial
48-11 information.
48-12 SECTION 69. Section 233.0095, Family Code, is amended by
48-13 adding Subsection (f) to read as follows:
48-14 (f) Notwithstanding any other provision of this chapter, if
48-15 paternity has been acknowledged, the parties have agreed to the
48-16 terms of a proposed child support review order, and each party has
48-17 signed the order, including a waiver of the right to service of
48-18 process as provided by Section 233.018, the Title IV-D agency may
48-19 immediately present the order and waiver to the court for
48-20 confirmation without conducting a negotiation conference or
48-21 requiring the production of financial information.
48-22 SECTION 70. Section 233.018(a), Family Code, is amended to
48-23 read as follows:
48-24 (a) If a negotiation conference results in an agreement of
48-25 the parties, each party must sign the child support review order
48-26 and the order must contain as to each party:
48-27 (1) a waiver by the party of the right to service of
49-1 process and a court hearing and the making of a record on the
49-2 petition for confirmation;
49-3 (2) the mailing address of the party; and
49-4 (3) the following statement printed on the order in
49-5 boldfaced type, in capital letters, or underlined:
49-6 "I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND [KNOW THAT I
49-7 DO NOT HAVE TO SIGN] THIS CHILD SUPPORT REVIEW ORDER. I UNDERSTAND
49-8 THAT IF I SIGN THIS ORDER, IT WILL BE CONFIRMED BY THE COURT
49-9 WITHOUT FURTHER NOTICE TO ME. I KNOW THAT I HAVE A RIGHT TO
49-10 REQUEST THAT A COURT RECONSIDER THE ORDER BY FILING A MOTION FOR A
49-11 NEW TRIAL AT ANY TIME BEFORE THE 30TH DAY AFTER THE DATE OF THE
49-12 CONFIRMATION OF THE ORDER BY THE COURT. I KNOW THAT IF I DO NOT
49-13 OBEY THE TERMS OF THIS ORDER I MAY BE HELD IN CONTEMPT OF COURT."
49-14 SECTION 71. Section 233.024(a), Family Code, is amended to
49-15 read as follows:
49-16 (a) If the court finds that all parties have appropriately
49-17 agreed to a child support review order and that there is waiver of
49-18 service, the court shall sign the order not later than the third
49-19 day after the filing of the order. The court may sign the order
49-20 before filing the order, but the signed order shall immediately be
49-21 filed.
49-22 SECTION 72. Sections 234.001(a) and (c), Family Code, are
49-23 amended to read as follows:
49-24 (a) The Title IV-D agency shall establish and operate a
49-25 state case registry and state disbursement unit meeting the
49-26 requirements of 42 U.S.C. Sections 654a(e) and 654b and this
49-27 subchapter.
50-1 (c) The state disbursement unit shall:
50-2 (1) receive, maintain, and furnish records of child
50-3 support payments in Title IV-D cases and other cases as authorized
50-4 [required] by law;
50-5 (2) forward child support payments as authorized
50-6 [required] by law;
50-7 (3) maintain child support payment records made
50-8 through the state disbursement unit; and
50-9 (4) make available to a local registry each day in a
50-10 manner determined by the Title IV-D agency with the assistance of
50-11 the work group established under Section 234.003 the following
50-12 information:
50-13 (A) the cause number of the suit under which
50-14 withholding is required;
50-15 (B) the payor's name and social security number;
50-16 (C) the payee's name and, if available, social
50-17 security number;
50-18 (D) the date the disbursement unit received the
50-19 payment;
50-20 (E) the amount of the payment; and
50-21 (F) the instrument identification information.
50-22 SECTION 73. Section 234.004, Family Code, is amended to read
50-23 as follows:
50-24 Sec. 234.004. CONTRACTS AND COOPERATIVE AGREEMENTS. (a) The
50-25 Title IV-D agency may enter into contracts and cooperative
50-26 agreements as necessary to establish and operate the state case
50-27 registry and state disbursement unit authorized under this
51-1 subchapter.
51-2 (b) To the extent funds are available for this purpose, the
51-3 Title IV-D agency may enter into contracts or cooperative
51-4 agreements to process through the state disbursement unit child
51-5 support collections in cases not otherwise eligible under 42 U.S.C.
51-6 Section 654b.
51-7 SECTION 74. Section 234.006, Family Code, as added by Chapter
51-8 556, 76th Legislature, Regular Session, 1999, is amended to read as
51-9 follows:
51-10 Sec. 234.006. EFFECTIVE DATE AND PROCEDURES. The Title IV-D
51-11 agency [shall], in cooperation with the work group established
51-12 under Section 234.003, may adopt rules, in compliance with federal
51-13 law[, that establish the definitions for, and the date of and the
51-14 procedures] for[:]
51-15 [(1)] the operation of the state case registry and the
51-16 state disbursement unit[; and]
51-17 [(2) the return of payments made in error or delivered
51-18 to the state disbursement unit with insufficient information for
51-19 disbursement].
51-20 SECTION 75. Section 730.005, Transportation Code, is amended
51-21 to read as follows:
51-22 Sec. 730.005. REQUIRED DISCLOSURE. Personal information
51-23 obtained by an agency in connection with a motor vehicle record
51-24 shall be disclosed for use in connection with any matter of:
51-25 (1) motor vehicle or motor vehicle operator safety;
51-26 (2) motor vehicle theft;
51-27 (3) motor vehicle emissions;
52-1 (4) motor vehicle product alterations, recalls, or
52-2 advisories;
52-3 (5) performance monitoring of motor vehicles or motor
52-4 vehicle dealers by a motor vehicle manufacturer; [or]
52-5 (6) removal of nonowner records from the original
52-6 owner records of a motor vehicle manufacturer to carry out the
52-7 purposes of:
52-8 (A) the Automobile Information Disclosure Act,
52-9 15 U.S.C. Section 1231 et seq.;
52-10 (B) 49 U.S.C. Chapters 301, 305, 323, 325, 327,
52-11 329, and 331;
52-12 (C) the Anti Car Theft Act of 1992, 18 U.S.C.
52-13 Sections 553, 981, 982, 2119, 2312, 2313, and 2322, 19 U.S.C.
52-14 Sections 1646b and 1646c, and 42 U.S.C. Section 3750a et seq., all
52-15 as amended;
52-16 (D) the Clean Air Act, 42 U.S.C. Section 7401 et
52-17 seq., as amended; and
52-18 (E) any other statute or regulation enacted or
52-19 adopted under or in relation to a law included in Paragraphs
52-20 (A)-(D); or
52-21 (7) child support enforcement under Chapter 231,
52-22 Family Code.
52-23 SECTION 76. Sections 158.508 and 231.010, Family Code, are
52-24 repealed.
52-25 SECTION 77. (a) This Act takes effect September 1, 2001.
52-26 (b) A change in law made by this Act relating to a court
52-27 order establishing the obligation to pay child support applies only
53-1 to a suit affecting the parent-child relationship that is commenced
53-2 on or after the effective date of this Act. A suit affecting the
53-3 parent-child relationship commenced before the effective date of
53-4 this Act is governed by the law in effect on the date the suit was
53-5 filed, and the former law is continued in effect for that purpose.
53-6 (c) A change in law made by this Act relating to the
53-7 modification or enforcement of a child support order rendered
53-8 before the effective date of this Act applies only to a proceeding
53-9 for modification or enforcement that is commenced on or after the
53-10 effective date of this Act. A modification or enforcement
53-11 proceeding commenced before the effective date of this Act is
53-12 governed by the law in effect on the date the proceeding was
53-13 commenced, and the former law is continued in effect for that
53-14 purpose.