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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties of the Title IV-D agency regarding the |
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collection, modification, and enforcement of child support. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS. |
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SECTION 1. Section 156.401, Family Code. is amended by |
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amending Subsection (b) to read as follows: |
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(b) Except as provided by Sections 231.1015 and 231.1016, a |
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[A] support order may be modified with regard to the amount of |
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support ordered only as to obligations accruing after the earlier |
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of: |
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(1) the date of service of citation; or |
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(2) an appearance in the suit to modify. |
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SECTION 2. Section 231.002(e), Family Code is amended by |
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modifying Subsections (3) and (4) and adding Subsection (5) to read |
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as follows: |
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(3) order income withholding, as provided by Chapter |
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233, and issue an administrative writ of withholding, as provided |
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by Chapter 158; and
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(4) take any action with respect to execution, |
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collection, and release of a judgment or lien for child support |
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necessary to satisfy the judgment or lien, as provided by Chapter |
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157.; and |
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(5) administratively modify the support obligations |
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of incarcerated obligors, as provided by Sections 231.1015 and |
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231.1016. |
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SECTION 3. Sections 231.103(a), (b) and (c), Family Code |
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are amended to read as follows: |
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(a) The Title IV-D agency may: |
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(1) charge a reasonable application fee; |
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(2) charge an [$25] annual service fee; and |
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(3) to the extent permitted by federal law, recover |
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costs for the services provided in a Title IV-D case. |
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(b) An application fee may not be charged in a case in which |
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the Title IV-D agency provides services because the family receives |
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public assistance. |
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(c) [An] The application and service fees may not exceed [a] |
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the maximum amounts established by federal law. |
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SECTION 4. Subchapter B, Chapter 231, Family Code, is |
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amended by adding Section 231.1015 to read as follows: |
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Sec. 231.1015. NOTICE OF ADMINISTRATIVE ADJUSTMENT OF |
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SUPPORT OBLIGATIONS DURING INCARCERATION. (a) In a Title IV-D |
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case, upon learning that the obligor will be incarcerated for more |
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than 180 consecutive calendar days in a local, state, or federal |
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jail or prison, the Title IV-D agency shall review and adjust an |
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obligor's current child support, medical support, and dental |
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support obligations to amounts that are based on the application of |
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the child support guidelines in Chapter 154 to the current net |
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resources available to the obligor to pay support while |
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incarcerated. This section does not apply if: |
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(1) The incarceration resulted from the obligor's |
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failure to comply with a court order to pay child support; or |
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(2) The obligor is incarcerated for an offense |
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constituting family violence as defined by Section 71.004 against |
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the obligee or the supported child. |
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(b) The adjustment of the obligor's current support |
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obligations under this section does not affect support obligations |
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due prior to the effective date of the adjustment. |
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(c) In a case meeting the requirements of subsection (a), |
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the Title IV-D agency shall file a notice of administrative |
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adjustment with the court of continuing, exclusive jurisdiction and |
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notify the parties of the administrative adjustment. The notice of |
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adjustment shall state the amounts of the adjusted support |
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obligations, the effective date of the adjustment, and include the |
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style and the cause number of the case in which support was ordered. |
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In lieu of filing a notice of administrative adjustment, the Title |
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IV-D agency may elect to seek a modification of the support order of |
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an incarcerated obligor under Subchapter E, Chapter 156. |
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(d) The obligor or obligee may contest the notice of |
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administrative adjustment by requesting an administrative review |
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as provided by Section 231.1016. |
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(e) In a Title IV-D case, following the release from |
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incarceration of an obligor whose support obligations were adjusted |
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under this section, the Title IV-D agency shall conduct a review |
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under Section 231.101(d) and may pursue appropriate remedies under |
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Chapter 156 or Chapter 233. |
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(f) The Title IV-D agency may adopt rules to implement this |
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section. |
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SECTION 5. Subchapter B, Chapter 231, Family Code, is |
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amended by adding Section 231.1016 to read as follows: |
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Sec. 231.1016. CONTEST TO NOTICE OF ADMINISTRATIVE |
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ADJUSTMENT DUE TO INCARCERATION. (a) An obligor or an obligee |
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contesting an adjustment under Section 231.1015 shall, within 30 |
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days of receipt of a notice of adjustment, request a review by the |
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Title IV-D agency to resolve any issue in dispute regarding the |
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applicability of Section 231.1015(a) or the amounts of the adjusted |
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support obligations. The Title IV-D agency shall provide an |
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opportunity for a review, by telephonic conference or in person, as |
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may be appropriate under the circumstances. |
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(b) Following a review under this section, the Title IV-D |
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agency shall: |
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(1) issue to the parties a notice of determination |
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affirming the adjustment; or |
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(2) file a notice with the court withdrawing the |
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notice of administrative adjustment and shall notify the parties of |
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the outcome of the review. |
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(c) If a review under this section fails to resolve any |
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issue in dispute, a party may file a motion with the court of |
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continuing, exclusive jurisdiction to contest the administrative |
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adjustment and request a hearing with the court not later than the |
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30th day after receiving notice of the agency's determination. In |
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the event a party files a motion pursuant to this subsection, the |
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administrative adjustment shall remain in effect until either the |
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Title IV-D agency files a notice of withdrawal of the adjustment, or |
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further order of the court. |
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SECTION 6. Section 233.021(c), Family Code is amended to |
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read as follows: |
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(c) The clerk shall deliver by personal service, or by |
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substituted service, if court ordered, a copy of the petition for |
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confirmation of a nonagreed review order and a copy of the order, to |
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each party entitled to service who has not waived service. |
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SECTION 7. Sec. 233.024(a), Family Code is amended to read |
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as follows: |
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(a) On the filing of an agreed child support review order |
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signed by all parties, together with waiver of service, the court |
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shall sign the order not later than the [third] seventh day after |
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the filing of the order. On expiration of the [third] seventh day |
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after the filing of the order, the order is considered confirmed by |
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the court by operation of law, regardless of whether the court has |
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signed the order. The court may sign the order before filing the |
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order, but the signed order shall immediately be filed. |
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SECTION 8. The change in law made by this Act to Subchapter |
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B, Chapter 231, Family Code, in adding Sections 231.1015 and |
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231.1016 applies to all orders with current child support, medical |
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support or dental support accruals on or after September 1, 2019. |
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SECTION 9. This Act takes effect September 1, 2019. |