Texas 2019 - 86th Regular

Texas House Bill HB2264 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Dutton H.B. No. 2264
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to suits affecting the parent-child relationship and the
7	7	enforcement of child support.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter B, Chapter 8, Family Code, is amended
10	10	by adding Section 8.062 to read as follows:
11	11	Sec. 8.062. PLACE OF PAYMENT. If an order awarding
12	12	maintenance includes a requirement that the obligor pay the obligee
13	13	child support under Chapter 154, the court shall order the payment
14	14	of maintenance to the state disbursement unit as provided by
15	15	Chapter 234.
16	16	SECTION 2. Section 156.401, Family Code, is amended by
17	17	adding Subsection (c-1) to read as follows:
18	18	(c-1) Incarceration of a child support obligor in a local,
19	19	state, or federal jail or prison for a period exceeding 180 days is
20	20	a material and substantial change of circumstances for the purposes
21	21	of this section.
22	22	SECTION 3. Section 157.005(b), Family Code, is amended to
23	23	read as follows:
24	24	(b) The court retains jurisdiction to confirm the total
25	25	amount of child support, medical support, and dental support
26	26	arrearages and render [a] cumulative money judgments [judgment] for
27	27	past-due child support, medical support, and dental support, as
28	28	provided by Section 157.263, if a motion for enforcement requesting
29	29	a [cumulative] money judgment is filed not later than the 10th
30	30	anniversary after the date:
31	31	(1) the child becomes an adult; or
32	32	(2) on which the child support obligation terminates
33	33	under the child support order or by operation of law.
34	34	SECTION 4. Section 157.263, Family Code, is amended by
35	35	amending Subsections (a), (b), and (b-1) and adding Subsections
36	36	(b-2) and (b-3) to read as follows:
37	37	(a) If a motion for enforcement of child support requests a
38	38	money judgment for arrearages, the court shall confirm the amount
39	39	of arrearages and render [one] cumulative money judgments as
40	40	follows:
41	41	(1) a cumulative money judgment for the amount of
42	42	child support owed under Subsection (b);
43	43	(2) a cumulative money judgment for the amount of
44	44	medical support owed under Subsection (b-1); and
45	45	(3) a cumulative money judgment for the amount of
46	46	dental support owed under Subsection (b-2) [judgment].
47	47	(b) A cumulative money judgment for the amount of child
48	48	support owed includes:
49	49	(1) unpaid child support not previously confirmed;
50	50	(2) the balance owed on previously confirmed child
51	51	support arrearages or lump sum or retroactive child support
52	52	judgments;
53	53	(3) interest on the child support arrearages; and
54	54	(4) a statement that it is a cumulative judgment for
55	55	the amount of child support owed.
56	56	(b-1) A cumulative money judgment for the amount of medical
57	57	support owed includes:
58	58	(1) unpaid medical support not previously confirmed;
59	59	(2) the balance owed on previously confirmed medical
60	60	support arrearages or lump sum or retroactive medical support
61	61	judgments;
62	62	(3) interest on the medical support arrearages; and
63	63	(4) a statement that it is a cumulative judgment for
64	64	the amount of medical support owed.
65	65	(b-2) A cumulative money judgment for the amount of dental
66	66	support owed includes:
67	67	(1) unpaid dental support not previously confirmed;
68	68	(2) the balance owed on previously confirmed dental
69	69	support arrearages or lump sum or retroactive dental support
70	70	judgments;
71	71	(3) interest on the dental support arrearages; and
72	72	(4) a statement that it is a cumulative judgment for
73	73	the amount of dental support owed.
74	74	(b-3) In rendering a money judgment under this section, the
75	75	court may not reduce or modify the amount of child support, medical
76	76	support, or dental support arrearages but, in confirming the amount
77	77	of arrearages, may allow a counterclaim or offset as provided by
78	78	this title.
79	79	SECTION 5. Chapter 157, Family Code, is amended by adding
80	80	Subchapter J to read as follows:
81	81	SUBCHAPTER J. CHILD SUPPORT QUALIFIED DOMESTIC RELATIONS ORDER
82	82	Sec. 157.501. JURISDICTION FOR QUALIFIED DOMESTIC
83	83	RELATIONS ORDER. The court that rendered an order for the payment
84	84	of child support, or the court that obtains jurisdiction to enforce
85	85	a child support order under Chapter 159, has continuing
86	86	jurisdiction to render an enforceable qualified domestic relations
87	87	order or similar order permitting payment of pension, retirement
88	88	plan, or other employee benefits to an alternate payee or other
89	89	lawful payee to satisfy support amounts due under the child support
90	90	order. A child support order includes an order for child support,
91	91	medical support, or dental support.
92	92	Sec. 157.502. PROCEDURE. (a) A party to a child support
93	93	order may petition the court for a qualified domestic relations
94	94	order or similar order.
95	95	(b) Each party whose rights may be affected by the petition
96	96	is entitled to receive notice under Subchapter B.
97	97	Sec. 157.503. DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. If
98	98	a plan administrator or other person acting in an equivalent
99	99	capacity determines that a domestic relations order does not
100	100	satisfy the requirements of a qualified domestic relations order
101	101	or similar order, the court retains continuing jurisdiction over
102	102	the parties and their property to the extent necessary to render a
103	103	qualified domestic relations order.
104	104	Sec. 157.504. AMENDMENT OF QUALIFIED DOMESTIC RELATIONS
105	105	ORDER. (a) A court that renders a qualified domestic relations
106	106	order retains continuing jurisdiction to amend the order to correct
107	107	the order, clarify the terms of the order, or add language to the
108	108	order to provide for the collection of support due under a child
109	109	support order.
110	110	(b) An amended domestic relations order under this section
111	111	must be submitted to the plan administrator or other person acting
112	112	in an equivalent capacity to determine whether the amended order
113	113	satisfies the requirements of a qualified domestic relations
114	114	order. Section 157.503 applies to a domestic relations order
115	115	amended under this section.
116	116	Sec. 157.505. LIBERAL CONSTRUCTION. The court shall
117	117	liberally construe this subchapter to effect payment of retirement
118	118	benefits for the satisfaction of the obligor's child support
119	119	obligation.
120	120	Sec. 157.506. ATTORNEY'S FEES. In a proceeding under this
121	121	subchapter, the court may award reasonable attorney's fees
122	122	incurred by a party to obtain the order. The court may order the
123	123	attorney's fees to be paid directly to the attorney, who may enforce
124	124	the order for fees in the attorney's own name by any means
125	125	available for the enforcement of a judgment for debt.
126	126	SECTION 6. Section 159.605(b), Family Code, is amended to
127	127	read as follows:
128	128	(b) A notice must inform the nonregistering party:
129	129	(1) that a registered order is enforceable as of the
130	130	date of registration in the same manner as an order issued by a
131	131	tribunal of this state;
132	132	(2) that a hearing to contest the validity or
133	133	enforcement of the registered order must be requested within 30
134	134	[20] days after notice unless the registered order is under Section
135	135	159.707;
136	136	(3) that failure to contest the validity or
137	137	enforcement of the registered order in a timely manner will result
138	138	in confirmation of the order and enforcement of the order and the
139	139	alleged arrearages; and
140	140	(4) of the amount of any alleged arrearages.
141	141	SECTION 7. Sections 234.007(a), Family Code, is amended to
142	142	read as follows:
143	143	(a) A court that orders a party to pay [income to be withheld
144	144	for] child support under a temporary or final order shall order that
145	145	all [income ordered withheld for] child support payments [shall] be
146	146	paid to the state disbursement unit, including any child support
147	147	that the court orders an employer to withhold from the income of
148	148	the obligor.
149	149	SECTION 8. Section 506.001(a), Labor Code, is amended to
150	150	read as follows:
151	151	(a) Except as provided by Section 506.003, in [In] a
152	152	workers' compensation case in which a claimant is awarded a
153	153	judgment against the state or a political subdivision of the state
154	154	under Chapter 501, 502, 503, 504, or 505, the state or political
155	155	subdivision shall comply with the judgment not later than the 30th
156	156	day after the judgment is entered.
157	157	SECTION 9. Chapter 506, Labor Code, is amended by adding
158	158	Section 506.003 to read as follows:
159	159	Sec. 506.003. CHILD SUPPORT INQUIRY. (a) Before the
160	160	payment of a judgment against the state or a political subdivision
161	161	of the state under Chapter 501, 502, 503, 504, or 505, the state or
162	162	political subdivision shall comply with the insurance reporting
163	163	requirements of Section 231.015, Family Code, and the child support
164	164	lien provisions of Subchapter G, Chapter 157, Family Code.
165	165	(b) Any delay in complying with the judgment due to
166	166	compliance with this section does not subject the state or
167	167	political subdivision to an award of a penalty or attorney's fees
168	168	under Section 506.001(b).
169	169	SECTION 10. Section 240.009, Property Code, is amended by
170	170	adding Subsection (e) to read as follows:
171	171	(e) A disclaimer of an interest in property made by an
172	172	individual must contain a sworn statement regarding whether the
173	173	disclaimant is a child support obligor whose disclaimer is barred
174	174	under Section 240.151(g).
175	175	SECTION 11. (a) Section 8.062, Family Code, as added by this
176	176	Act, applies only to a maintenance order rendered on or after the
177	177	effective date of this Act. A maintenance order rendered before the
178	178	effective date of this Act is governed by the law in effect on the
179	179	date the order was rendered, and the former law is continued in
180	180	effect for that purpose.
181	181	(b) Notwithstanding Subsection (a) of this section, an
182	182	obligor subject to a maintenance order rendered before the
183	183	effective date of this Act may choose to remit maintenance payments
184	184	to the state disbursement unit as provided by Chapter 234, Family
185	185	Code, and the state disbursement unit shall accept those payments.
186	186	SECTION 12. Section 156.401, Family Code, as amended by
187	187	this Act, applies only to a suit for modification of a child support
188	188	order that is filed on or after the effective date of this Act. A
189	189	suit for modification that is filed before the effective date of
190	190	this Act is governed by the law in effect on the date the suit was
191	191	filed, and the former law is continued in effect for that purpose.
192	192	SECTION 13. Section 157.263, Family Code, as amended by
193	193	this Act, applies only to a cumulative money judgment rendered on or
194	194	after the effective date of this Act. A judgment rendered before the
195	195	effective date of this Act is governed by the law in effect at the
196	196	time the judgment was rendered, and the former law is continued in
197	197	effect for that purpose.
198	198	SECTION 14. Section 159.605, Family Code, as amended by
199	199	this Act, applies only to a support order or income-withholding
200	200	order, as applicable, issued by a court of another state that is
201	201	registered in this state on or after the effective date of this Act.
202	202	A support order or income-withholding order that is registered in
203	203	this state before the effective date of this Act is governed by the
204	204	law in effect on the date the determination or order was registered,
205	205	and the former law is continued in effect for that purpose.
206	206	SECTION 15. Section 506.001, Labor Code, as amended by this
207	207	Act, and Section 506.003, Labor Code, as added by this Act, apply
208	208	only to a judgment awarded in a workers' compensation case on or
209	209	after the effective date of this Act, regardless of whether the case
210	210	was filed before, on, or after the effective date of this Act.
211	211	SECTION 16. Section 240.009, Property Code, as amended by
212	212	this Act, applies only to a disclaimer made on or after the
213	213	effective date of this Act. A disclaimer made before the effective
214	214	date of this Act is governed by the law in effect at the time the
215	215	disclaimer was made, and the former law is continued in effect for
216	216	that purpose.
217	217	SECTION 17. This Act takes effect September 1, 2019.