| 1 | 1 | | By: West S.B. No. 1236 |
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| 2 | 2 | | (Thompson) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the reduction and confirmation of child support |
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| 8 | 8 | | arrearages and an incentive program to encourage payment of |
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| 9 | 9 | | arrearages. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 157.263, Family Code, is amended by |
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| 12 | 12 | | adding Subsection (b-1) to read as follows: |
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| 13 | 13 | | (b-1) In rendering a money judgment under this section, the |
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| 14 | 14 | | court may not reduce or modify the amount of child support |
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| 15 | 15 | | arrearages but, in confirming the amount of arrearages, may allow a |
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| 16 | 16 | | counterclaim or offset as provided by this title. |
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| 17 | 17 | | SECTION 2. Subchapter B, Chapter 231, Family Code, is |
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| 18 | 18 | | amended by adding Section 231.124 to read as follows: |
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| 19 | 19 | | Sec. 231.124. CHILD SUPPORT ARREARAGES PAYMENT INCENTIVE |
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| 20 | 20 | | PROGRAM. (a) The Title IV-D agency may establish and administer a |
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| 21 | 21 | | payment incentive program to promote payment by obligors who are |
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| 22 | 22 | | delinquent in satisfying child support arrearages assigned to the |
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| 23 | 23 | | Title IV-D agency under Section 231.104(a). |
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| 24 | 24 | | (b) A program established under this section must provide to |
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| 25 | 25 | | a participating obligor a credit for every dollar amount paid by the |
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| 26 | 26 | | obligor on interest and arrearages balances during each month of |
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| 27 | 27 | | the obligor's voluntary enrollment in the program. In establishing |
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| 28 | 28 | | a program under this section, the Title IV-D agency by rule must |
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| 29 | 29 | | prescribe: |
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| 30 | 30 | | (1) criteria for a child support obligor's initial |
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| 31 | 31 | | eligibility to participate in the program; |
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| 32 | 32 | | (2) the conditions for a child support obligor's |
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| 33 | 33 | | continued participation in the program; |
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| 34 | 34 | | (3) procedures for enrollment in the program; and |
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| 35 | 35 | | (4) the terms of the financial incentives to be |
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| 36 | 36 | | offered under the program. |
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| 37 | 37 | | (c) The Title IV-D agency shall provide eligible obligors |
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| 38 | 38 | | with notice of the program and enrollment instructions. |
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| 39 | 39 | | SECTION 3. Section 157.262, Family Code, is repealed. |
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| 40 | 40 | | SECTION 4. Subsection (b-1), Section 157.263, Family Code, |
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| 41 | 41 | | as added by this Act, applies to a motion for enforcement of child |
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| 42 | 42 | | support that is pending before a trial court on or filed on or after |
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| 43 | 43 | | the effective date of this Act. |
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| 44 | 44 | | SECTION 5. This Act takes effect September 1, 2011. |
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