By: West S.B. No. 1675
(Dutton)
A BILL TO BE ENTITLED
AN ACT
relating to the administration of and certain procedures under the
Title IV-D program for child support enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 156.401(b), Family Code, is amended to
read as follows:
(b) Except as provided by Sections 231.1015, 231.1016, and
231.1017, a [A] support order may be modified with regard to the
amount of support ordered only as to obligations accruing after the
earlier of:
(1) the date of service of citation; or
(2) an appearance in the suit to modify.
SECTION 2. Section 231.002(e), Family Code, is amended to
read as follows:
(e) The Title IV-D agency may take the following
administrative actions with respect to the location of a parent,
the determination of parentage, and the establishment,
modification, and enforcement of child support, medical support,
and dental support orders required by 42 U.S.C. Section 666(c),
without obtaining an order from any other judicial or
administrative tribunal:
(1) issue an administrative subpoena, as provided by
Section 231.303, to obtain financial or other information;
(2) order genetic testing for parentage
determination, as provided by Chapter 233;
(3) order income withholding, as provided by Chapter
233, and issue an administrative writ of withholding, as provided
by Chapter 158; [and]
(4) take any action with respect to execution,
collection, and release of a judgment or lien for child support
necessary to satisfy the judgment or lien, as provided by Chapter
157; and
(5) adjust the support obligations of an incarcerated
obligor, as provided by Sections 231.1015, 231.1016, and 231.1017.
SECTION 3. Subchapter B, Chapter 231, Family Code, is
amended by adding Sections 231.1015, 231.1016, and 231.1017 to read
as follows:
Sec. 231.1015. ADMINISTRATIVE ADJUSTMENT OF SUPPORT
OBLIGATIONS DURING OBLIGOR'S INCARCERATION. (a) Subject to
Subsection (b), on verification by the Title IV-D agency that a
judgment or order has been rendered for the confinement of a child
support obligor in a local, state, or federal jail or prison for a
period of at least 180 consecutive days, the Title IV-D agency shall
review and administratively adjust the obligor's child support,
medical support, and dental support order to amounts that are based
on the application of the child support guidelines under Chapter
154 to the obligor's net resources during incarceration.
(b) This section does not apply if the Title IV-D agency
determines that the obligor is confined:
(1) due to the obligor's failure to comply with a child
support order; or
(2) for an offense constituting an act of family
violence, as defined by Section 71.004, committed against the
obligee or a child covered by the child support order.
(c) If the Title IV-D agency administratively adjusts a
support obligation under Subsection (a), the agency must:
(1) provide notice of the administrative adjustment to
the parties to the support order; and
(2) file a copy of the notice with the court of
continuing, exclusive jurisdiction.
(d) The notice provided under Subsection (c) must state:
(1) the amount of the obligor's adjusted support
obligation during incarceration;
(2) the effective date of the administrative
adjustment of the support obligation; and
(3) the style and cause number of the case in which the
support order was rendered.
(e) Notwithstanding Subsection (a), the Title IV-D agency
may seek modification of the support order under Subchapter E,
Chapter 156, in lieu of administratively adjusting the support
obligation under this section.
(f) The administrative adjustment of a support obligation
under this section does not affect a support obligation due before
the effective date of the administrative adjustment.
(g) The Title IV-D agency may adopt rules to implement this
section.
Sec. 231.1016. REVIEW OF ADMINISTRATIVE ADJUSTMENT OF
SUPPORT OBLIGATIONS. (a) Not later than the 30th day after
receiving notice of an administrative adjustment of a support
obligation under Section 231.1015, a party to the support order may
contest the administrative adjustment by requesting that the Title
IV-D agency review the agency's decision to grant the
administrative adjustment.
(b) If a party to the support order does not request the
Title IV-D agency to review the administrative adjustment within
the time prescribed by Subsection (a), the Title IV-D agency shall
file an administrative adjustment order with the court of
continuing, exclusive jurisdiction. The order must contain a
signed statement from the Title IV-D agency that neither party to
the order requested an administrative review within the time
required by Subsection (a) and state the amount of the obligor's
adjusted support obligation during incarceration and the effective
date of the administrative adjustment. The court shall sign the
order not later than the seventh day after the date the order is
filed. On expiration of the seventh day after the date the order is
filed, the order is considered confirmed by the court by operation
of law, regardless of whether the court has signed the order.
(c) On request by a party under Subsection (a), the Title
IV-D agency shall:
(1) review the administrative adjustment of the
support obligation to determine whether:
(A) the exceptions under Section 231.1015(b)
apply; and
(B) the administrative adjustment accurately
reflects the obligor's net resources during incarceration; and
(2) provide an opportunity for review with the parties
in person or by telephone, as appropriate.
(d) After conducting a review under Subsection (c), the
Title IV-D agency shall:
(1) affirm the administrative adjustment of the
support obligation by issuing a notice of determination to the
parties regarding the agency's decision to affirm the
administrative adjustment; or
(2) withdraw the administrative adjustment of the
support obligation by filing a notice with the court of continuing,
exclusive jurisdiction withdrawing the administrative adjustment
and issuing a notice of determination to the parties regarding the
agency's decision to withdraw the administrative adjustment.
(e) Not later than the 30th day after a party receives
notice under Subsection (d)(1), the party may file a motion
requesting a hearing with the court of continuing, exclusive
jurisdiction to contest the Title IV-D agency's administrative
adjustment of the support obligation. The administrative
adjustment remains in effect until:
(1) the agency files a notice with the court of
continuing, exclusive jurisdiction withdrawing the administrative
adjustment; or
(2) the court renders an order regarding the
administrative adjustment.
(f) If a party to a support order does not file a motion
requesting a hearing with the court of continuing, exclusive
jurisdiction within the time prescribed by Subsection (e), the
Title IV-D agency shall file an administrative adjustment order
with the court of continuing, exclusive jurisdiction and shall
attach to the order a copy of the notice of determination issued
under Subsection (d)(1). The order must state the amount of the
obligor's adjusted support obligation during incarceration and the
effective date of the administrative adjustment. The court shall
sign the order not later than the seventh day after the date the
order is filed. On expiration of the seventh day after the date the
order is filed, the order is considered confirmed by the court by
operation of law, regardless of whether the court has signed the
order.
Sec. 231.1017. MODIFICATION OF SUPPORT OBLIGATION AFTER
OBLIGOR'S RELEASE FROM INCARCERATION. In a Title IV-D case, on the
release of an obligor whose support obligations were
administratively adjusted during incarceration under Section
231.1015, the Title IV-D agency shall review the obligor's support
order as provided by Section 231.101 to determine if modification
is necessary and may proceed under Chapter 156 or Chapter 233.
SECTION 4. Sections 231.103(a) and (c), Family Code, are
amended to read as follows:
(a) The Title IV-D agency may:
(1) charge a reasonable application fee;
(2) charge an [a $25] annual service fee; and
(3) to the extent permitted by federal law, recover
costs for the services provided in a Title IV-D case.
(c) The [An] application and service fees [fee] may not
exceed the [a] maximum amounts [amount] established by federal law.
SECTION 5. Section 233.021(c), Family Code, is amended to
read as follows:
(c) The clerk shall deliver by personal service or, if
court-ordered, a method of substituted service, a copy of the
petition for confirmation of a nonagreed review order and a copy of
the order, to each party entitled to service who has not waived
service.
SECTION 6. Section 233.024(a), Family Code, is amended to
read as follows:
(a) On the filing of an agreed child support review order
signed by all parties, together with waiver of service, the court
shall sign the order not later than the seventh [third] day after
the filing of the order. On expiration of the seventh [third] day
after the filing of the order, the order is considered confirmed by
the court by operation of law, regardless of whether the court has
signed the order. The court may sign the order before filing the
order, but the signed order shall immediately be filed.
SECTION 7. (a) The changes in law made by Section
231.002(e), Family Code, as amended by this Act, and Sections
231.1015, 231.1016, and 231.1017, Family Code, as added by this
Act, apply to a child support order regardless of whether the order
was rendered before, on, or after the effective date of this Act.
(b) The change in law made by this Act described by
Subsection (a) of this section constitutes a material and
substantial change of circumstances under Section 156.401, Family
Code, sufficient to warrant modification of a court order or a
portion of a decree that provides for the support of a child
rendered before the effective date of this Act.
SECTION 8. The change in law made by this Act to Section
233.021(c), Family Code, applies only to a petition for
confirmation of a nonagreed order filed on or after the effective
date of this Act. A petition filed before the effective date of
this Act is governed by the law in effect on the date the petition
was filed, and the former law is continued in effect for that
purpose.
SECTION 9. The change in law made by this Act to Section
233.024(a), Family Code, applies only to an agreed child support
review order filed on or after the effective date of this Act. An
order filed before the effective date of this Act is governed by the
law in effect on the date the order was filed, and the former law is
continued in effect for that purpose.
SECTION 10. This Act takes effect September 1, 2019.