Texas 2019 - 86th Regular

Texas House Bill HB2265 Compare Versions

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

Old	New	Differences
1	1	By: Dutton H.B. No. 2265
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the duties of the Title IV-D agency regarding the
7	7	collection, modification, and enforcement of child support.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS.
9	9	SECTION 1. Section 156.401, Family Code. is amended by
10	10	amending Subsection (b) to read as follows:
11	11	(b) Except as provided by Sections 231.1015 and 231.1016, a
12	12	[A] support order may be modified with regard to the amount of
13	13	support ordered only as to obligations accruing after the earlier
14	14	of:
15	15	(1) the date of service of citation; or
16	16	(2) an appearance in the suit to modify.
17	17	SECTION 2. Section 231.002(e), Family Code is amended by
18	18	modifying Subsections (3) and (4) and adding Subsection (5) to read
19	19	as follows:
20	20	(3) order income withholding, as provided by Chapter
21	21	233, and issue an administrative writ of withholding, as provided
22	22	by Chapter 158; and
23	23	(4) take any action with respect to execution,
24	24	collection, and release of a judgment or lien for child support
25	25	necessary to satisfy the judgment or lien, as provided by Chapter
26	26	157.; and
27	27	(5) administratively modify the support obligations
28	28	of incarcerated obligors, as provided by Sections 231.1015 and
29	29	231.1016.
30	30	SECTION 3. Sections 231.103(a), (b) and (c), Family Code
31	31	are amended to read as follows:
32	32	(a) The Title IV-D agency may:
33	33	(1) charge a reasonable application fee;
34	34	(2) charge an [$25] annual service fee; and
35	35	(3) to the extent permitted by federal law, recover
36	36	costs for the services provided in a Title IV-D case.
37	37	(b) An application fee may not be charged in a case in which
38	38	the Title IV-D agency provides services because the family receives
39	39	public assistance.
40	40	(c) [An] The application and service fees may not exceed [a]
41	41	the maximum amounts established by federal law.
42	42	SECTION 4. Subchapter B, Chapter 231, Family Code, is
43	43	amended by adding Section 231.1015 to read as follows:
44	44	Sec. 231.1015. NOTICE OF ADMINISTRATIVE ADJUSTMENT OF
45	45	SUPPORT OBLIGATIONS DURING INCARCERATION. (a) In a Title IV-D
46	46	case, upon learning that the obligor will be incarcerated for more
47	47	than 180 consecutive calendar days in a local, state, or federal
48	48	jail or prison, the Title IV-D agency shall review and adjust an
49	49	obligor's current child support, medical support, and dental
50	50	support obligations to amounts that are based on the application of
51	51	the child support guidelines in Chapter 154 to the current net
52	52	resources available to the obligor to pay support while
53	53	incarcerated. This section does not apply if:
54	54	(1) The incarceration resulted from the obligor's
55	55	failure to comply with a court order to pay child support; or
56	56	(2) The obligor is incarcerated for an offense
57	57	constituting family violence as defined by Section 71.004 against
58	58	the obligee or the supported child.
59	59	(b) The adjustment of the obligor's current support
60	60	obligations under this section does not affect support obligations
61	61	due prior to the effective date of the adjustment.
62	62	(c) In a case meeting the requirements of subsection (a),
63	63	the Title IV-D agency shall file a notice of administrative
64	64	adjustment with the court of continuing, exclusive jurisdiction and
65	65	notify the parties of the administrative adjustment. The notice of
66	66	adjustment shall state the amounts of the adjusted support
67	67	obligations, the effective date of the adjustment, and include the
68	68	style and the cause number of the case in which support was ordered.
69	69	In lieu of filing a notice of administrative adjustment, the Title
70	70	IV-D agency may elect to seek a modification of the support order of
71	71	an incarcerated obligor under Subchapter E, Chapter 156.
72	72	(d) The obligor or obligee may contest the notice of
73	73	administrative adjustment by requesting an administrative review
74	74	as provided by Section 231.1016.
75	75	(e) In a Title IV-D case, following the release from
76	76	incarceration of an obligor whose support obligations were adjusted
77	77	under this section, the Title IV-D agency shall conduct a review
78	78	under Section 231.101(d) and may pursue appropriate remedies under
79	79	Chapter 156 or Chapter 233.
80	80	(f) The Title IV-D agency may adopt rules to implement this
81	81	section.
82	82	SECTION 5. Subchapter B, Chapter 231, Family Code, is
83	83	amended by adding Section 231.1016 to read as follows:
84	84	Sec. 231.1016. CONTEST TO NOTICE OF ADMINISTRATIVE
85	85	ADJUSTMENT DUE TO INCARCERATION. (a) An obligor or an obligee
86	86	contesting an adjustment under Section 231.1015 shall, within 30
87	87	days of receipt of a notice of adjustment, request a review by the
88	88	Title IV-D agency to resolve any issue in dispute regarding the
89	89	applicability of Section 231.1015(a) or the amounts of the adjusted
90	90	support obligations. The Title IV-D agency shall provide an
91	91	opportunity for a review, by telephonic conference or in person, as
92	92	may be appropriate under the circumstances.
93	93	(b) Following a review under this section, the Title IV-D
94	94	agency shall:
95	95	(1) issue to the parties a notice of determination
96	96	affirming the adjustment; or
97	97	(2) file a notice with the court withdrawing the
98	98	notice of administrative adjustment and shall notify the parties of
99	99	the outcome of the review.
100	100	(c) If a review under this section fails to resolve any
101	101	issue in dispute, a party may file a motion with the court of
102	102	continuing, exclusive jurisdiction to contest the administrative
103	103	adjustment and request a hearing with the court not later than the
104	104	30th day after receiving notice of the agency's determination. In
105	105	the event a party files a motion pursuant to this subsection, the
106	106	administrative adjustment shall remain in effect until either the
107	107	Title IV-D agency files a notice of withdrawal of the adjustment, or
108	108	further order of the court.
109	109	SECTION 6. Section 233.021(c), Family Code is amended to
110	110	read as follows:
111	111	(c) The clerk shall deliver by personal service, or by
112	112	substituted service, if court ordered, a copy of the petition for
113	113	confirmation of a nonagreed review order and a copy of the order, to
114	114	each party entitled to service who has not waived service.
115	115	SECTION 7. Sec. 233.024(a), Family Code is amended to read
116	116	as follows:
117	117	(a) On the filing of an agreed child support review order
118	118	signed by all parties, together with waiver of service, the court
119	119	shall sign the order not later than the [third] seventh day after
120	120	the filing of the order. On expiration of the [third] seventh day
121	121	after the filing of the order, the order is considered confirmed by
122	122	the court by operation of law, regardless of whether the court has
123	123	signed the order. The court may sign the order before filing the
124	124	order, but the signed order shall immediately be filed.
125	125	SECTION 8. The change in law made by this Act to Subchapter
126	126	B, Chapter 231, Family Code, in adding Sections 231.1015 and
127	127	231.1016 applies to all orders with current child support, medical
128	128	support or dental support accruals on or after September 1, 2019.
129	129	SECTION 9. This Act takes effect September 1, 2019.