By: West S.B. No. 1236
(In the Senate - Filed March 7, 2011; March 16, 2011, read
first time and referred to Committee on Jurisprudence;
March 30, 2011, reported favorably by the following vote: Yeas 6,
Nays 0; March 30, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the reduction and confirmation of child support
arrearages and an incentive program to encourage payment of
arrearages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 157.263, Family Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) In rendering a money judgment under this section, the
court may not reduce or modify the amount of child support
arrearages but, in confirming the amount of arrearages, may allow a
counterclaim or offset as provided by this title.
SECTION 2. Subchapter B, Chapter 231, Family Code, is
amended by adding Section 231.124 to read as follows:
Sec. 231.124. CHILD SUPPORT ARREARAGES PAYMENT INCENTIVE
PROGRAM. (a) The Title IV-D agency may establish and administer a
payment incentive program to promote payment by obligors who are
delinquent in satisfying child support arrearages assigned to the
Title IV-D agency under Section 231.104(a).
(b) A program established under this section must provide to
a participating obligor a credit for every dollar amount paid by the
obligor on interest and arrearages balances during each month of
the obligor's voluntary enrollment in the program. In establishing
a program under this section, the Title IV-D agency by rule must
prescribe:
(1) criteria for a child support obligor's initial
eligibility to participate in the program;
(2) the conditions for a child support obligor's
continued participation in the program;
(3) procedures for enrollment in the program; and
(4) the terms of the financial incentives to be
offered under the program.
(c) The Title IV-D agency shall provide eligible obligors
with notice of the program and enrollment instructions.
SECTION 3. Section 157.262, Family Code, is repealed.
SECTION 4. Subsection (b-1), Section 157.263, Family Code,
as added by this Act, applies to a motion for enforcement of child
support that is pending before a trial court on or filed on or after
the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2011.
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