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A BILL TO BE ENTITLED
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AN ACT
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relating to the accrual of interest on overdue child support. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 157.265(a), (b), and (c), Family Code, |
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are amended to read as follows: |
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(a) Interest accrues on the portion of delinquent child |
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support that is greater than the amount of the monthly periodic |
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support obligation at the rate of seven [six] percent simple |
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interest per year from the date the support is delinquent until the |
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date the support is paid or the arrearages are confirmed and reduced |
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to money judgment. |
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(b) Interest accrues on child support arrearages that have |
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been confirmed and reduced to money judgment as provided in this |
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subchapter at the rate of seven [six] percent simple interest per |
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year from the date the order is rendered until the date the judgment |
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is paid. |
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(c) Interest accrues on a money judgment for retroactive or |
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lump-sum child support at the annual rate of seven [six] percent |
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simple interest from the date the order is rendered until the |
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judgment is paid. |
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SECTION 2. Sections 157.265(d), (e), and (f), Family Code, |
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are repealed. |
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SECTION 3. (a) Section 157.265(a), Family Code, as amended |
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by this Act, applies to a child support payment that becomes due on |
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or after January 1, 2014. |
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(b) Child support arrearages in existence on January 1, |
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2014, that were not confirmed and reduced to a money judgment on or |
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before that date accrue interest as follows: |
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(1) before January 1, 2002, the arrearages are subject |
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to the interest rate that applied to the arrearages before that |
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date; |
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(2) on or after January 1, 2002, but before January 1, |
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2014, the arrearages are subject to the interest rate that applied |
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to the arrearages immediately before the effective date of this |
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Act; and |
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(3) on or after January 1, 2014, the cumulative total |
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of arrearages and interest accumulated on the arrearages described |
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by Subdivisions (1) and (2) of this subsection is subject to Section |
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157.265(a), Family Code, as amended by this Act. |
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(c) Sections 157.265(b) and (c), Family Code, as amended by |
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this Act, apply only to a money judgment for child support rendered |
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on or after January 1, 2014. A money judgment rendered before that |
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date is governed by the law in effect on the date the judgment was |
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rendered, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |