87R737 MM-F
By: Thompson of Harris H.B. No. 867
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of a qualified domestic relations order
for the payment of spousal maintenance and child support
obligations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 8.057(b) and (c), Family Code, are
amended to read as follows:
(b) Notice of a motion to modify maintenance or to establish
or modify a maintenance qualified domestic relations order under
Subchapter H and the response to the motion, if any, are governed by
the Texas Rules of Civil Procedure applicable to the filing of an
original lawsuit. Notice must be given by service of citation, and
a response must be in the form of an answer due on or before 10 a.m.
of the first Monday after 20 days after the date of service. A court
shall set a hearing on the motion in the manner provided by Rule
245, Texas Rules of Civil Procedure.
(c) After a hearing, the court may modify an original or
modified order or portion of a decree providing for maintenance or a
maintenance qualified domestic relations order under Subchapter H
on a proper showing of a material and substantial change in
circumstances, including circumstances reflected in the factors
specified in Section 8.052, relating to either party or to a child
of the marriage described by Section 8.051(2)(C), if applicable.
The court shall apply the modification only to payment accruing
after the filing of the motion to modify.
SECTION 2. Section 8.059(b), Family Code, is amended to
read as follows:
(b) On the suit to enforce by an obligee, the court may
render judgment against a defaulting party for the amount of
arrearages after notice by service of citation, answer, if any, and
a hearing finding that the defaulting party has failed or refused to
comply with the terms of the order. The judgment may be enforced by
any means available for the enforcement of judgment for debts,
including by an order or writ of withholding and a maintenance
qualified domestic relations order under Subchapter H.
SECTION 3. Chapter 8, Family Code, is amended by adding
Subchapter H to read as follows:
SUBCHAPTER H. MAINTENANCE QUALIFIED DOMESTIC RELATIONS ORDER
Sec. 8.351. JURISDICTION FOR QUALIFIED DOMESTIC RELATIONS
ORDER. (a) The court that rendered an order for the payment of
maintenance, or the court that obtains jurisdiction to enforce a
maintenance order, has continuing jurisdiction to render
enforceable qualified domestic relations orders or similar orders
permitting payment of pension, retirement plan, or other employee
benefits to an alternate payee or other lawful payee to satisfy
amounts due under the maintenance order. A maintenance order
includes a temporary or final order for maintenance and arrears and
interest with respect to that order.
(b) Unless prohibited by federal law, a suit seeking a
qualified domestic relations order or similar order under this
subchapter applies to a pension, retirement plan, or other employee
benefit, regardless of whether the pension, retirement plan, or
other employee benefit:
(1) is private, state, or federal;
(2) is subject to another qualified domestic relations
order or similar order;
(3) is property that is the subject of a pending
proceeding for dissolution of a marriage;
(4) is property disposed of in a previous decree for
dissolution of a marriage; or
(5) is the subject of an agreement under Chapter 4.
(c) A court described by Subsection (a) retains
jurisdiction to render a qualified domestic relations order or
similar order under this subchapter until all maintenance due under
the maintenance order, including arrearages and interest, has been
paid.
Sec. 8.352. PROCEDURE. (a) A party to a maintenance order
may petition the court for a qualified domestic relations order or
similar order in an original suit or in an action for enforcement of
the maintenance order under this chapter.
(b) Each party whose rights may be affected by the petition
is entitled to receive notice.
Sec. 8.353. TEMPORARY ORDERS. (a) While a suit for a
qualified domestic relations order or similar order is pending or
during an appeal of an enforcement order, and on the motion of a
party or on the court's own motion after notice and hearing, the
court may render an appropriate order, including the granting of a
temporary restraining order and temporary injunction, for the
preservation of the pension, retirement plan, or other employee
benefits and protection of the parties as the court considers
necessary.
(b) An order under this section is not subject to
interlocutory appeal.
Sec. 8.354. DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. If a
plan administrator or other person acting in an equivalent capacity
determines that a domestic relations order does not satisfy the
requirements of a qualified domestic relations order or similar
order, the court retains continuing jurisdiction over the parties
to the extent necessary to render a qualified domestic relations
order.
Sec. 8.355. AMENDMENT OF QUALIFIED DOMESTIC RELATIONS
ORDER. (a) A court that renders a qualified domestic relations
order or similar order retains continuing jurisdiction:
(1) to amend the order to correct the order, clarify
the terms of the order, or add language to the order to provide for
the collection of maintenance;
(2) to convert the amount or frequency of payments
under the order to a formula that is in compliance with the terms of
the pension, retirement plan, or employee benefit plan; or
(3) to vacate or terminate the order.
(b) An amended domestic relations order or similar order
under this section must be submitted to the plan administrator or
other person acting in an equivalent capacity to determine whether
the amended order satisfies the requirements of a qualified
domestic relations order or similar order. Section 8.354 applies
to an order amended under this section.
Sec. 8.356. LIBERAL CONSTRUCTION. The court shall
liberally construe this subchapter to effect payment of pension,
retirement plan, or other employee benefits for the satisfaction of
the obligor's maintenance obligation.
Sec. 8.357. ATTORNEY'S FEES AND COSTS. (a) In a proceeding
under this subchapter, the court may order the obligor to pay
reasonable attorney's fees incurred by a party to obtain the order,
all court costs, and all fees charged by a plan administrator for
the qualified domestic relations order or similar order.
(b) Fees and costs ordered under this section may be
enforced by any means available for the enforcement of a judgment
for debt.
Sec. 8.358. DIRECT PAYMENT. Payments under a qualified
domestic relations order under this subchapter may be made by
direct payment or other method ordered by the court.
SECTION 4. Section 154.003, Family Code, is amended to read
as follows:
Sec. 154.003. MANNER OF PAYMENT. The court may order that
child support be paid by:
(1) periodic payments;
(2) a lump-sum payment;
(3) an annuity purchase;
(4) the setting aside of property to be administered
for the support of the child as specified in the order; [or]
(5) pension, retirement, or other employee benefits in
accordance with an enforceable qualified domestic relations order
or similar order under Subchapter J, Chapter 157; or
(6) any combination of periodic payments, lump-sum
payments, annuity purchases, or setting aside of property.
SECTION 5. Chapter 157, Family Code, is amended by adding
Subchapter J to read as follows:
SUBCHAPTER J. CHILD SUPPORT QUALIFIED DOMESTIC RELATIONS ORDER
Sec. 157.501. JURISDICTION FOR QUALIFIED DOMESTIC
RELATIONS ORDER. (a) The court that rendered an order for the
payment of child support, or the court that obtains jurisdiction to
enforce a child support order under Chapter 159, has continuing
jurisdiction to render enforceable qualified domestic relations
orders or similar orders permitting payment of pension, retirement
plan, or other employee benefits to an alternate payee or other
lawful payee to satisfy support amounts due under the child support
order. A child support order includes a temporary or final order for
child support, medical support, or dental support and arrears and
interest with respect to that order.
(b) Unless prohibited by federal law, a suit seeking a
qualified domestic relations order or similar order under this
subchapter applies to a pension, retirement plan, or other employee
benefit, regardless of whether the pension, retirement plan, or
other employee benefit:
(1) is private, state, or federal;
(2) is subject to another qualified domestic relations
order or similar order;
(3) is property that is the subject of a pending
proceeding for dissolution of a marriage;
(4) is property disposed of in a previous decree for
dissolution of a marriage; or
(5) is the subject of an agreement under Chapter 4.
(c) A court described by Subsection (a) retains
jurisdiction to render a qualified domestic relations order or
similar order under this subchapter until all support due under the
child support order, including arrearages and interest, has been
paid.
Sec. 157.502. PROCEDURE. (a) A party to a child support
order, or the Title IV-D agency in a Title IV-D case, may petition
the court for a qualified domestic relations order or similar order
in an original suit or in an action for child support enforcement
under this chapter.
(b) Each party whose rights may be affected by the petition
is entitled to receive notice under Subchapter B.
Sec. 157.503. TEMPORARY ORDERS. (a) While a suit for a
qualified domestic relations order or similar order is pending or
during an appeal of an enforcement order, and on the motion of a
party or on the court's own motion after notice and hearing, the
court may render an appropriate order, including the granting of a
temporary restraining order and temporary injunction, for the
preservation of the pension, retirement plan, or other employee
benefits and protection of the parties as the court considers
necessary.
(b) An order under this section is not subject to
interlocutory appeal.
Sec. 157.504. DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. If
a plan administrator or other person acting in an equivalent
capacity determines that a domestic relations order does not
satisfy the requirements of a qualified domestic relations order or
similar order, the court retains continuing jurisdiction over the
parties to the extent necessary to render a qualified domestic
relations order.
Sec. 157.505. AMENDMENT OF QUALIFIED DOMESTIC RELATIONS
ORDER. (a) A court that renders a qualified domestic relations
order or similar order retains continuing jurisdiction:
(1) to amend the order to correct the order, clarify
the terms of the order, or add language to the order to provide for
the collection of child support;
(2) to convert the amount or frequency of payments
under the order to a formula that is in compliance with the terms of
the pension, retirement plan, or employee benefit plan; or
(3) to vacate or terminate the order.
(b) An amended domestic relations order or similar order
under this section must be submitted to the plan administrator or
other person acting in an equivalent capacity to determine whether
the amended order satisfies the requirements of a qualified
domestic relations order or similar order. Section 157.504 applies
to an order amended under this section.
Sec. 157.506. LIBERAL CONSTRUCTION. The court shall
liberally construe this subchapter to effect payment of pension,
retirement plan, or other employee benefits for the satisfaction of
the obligor's child support obligation.
Sec. 157.507. ATTORNEY'S FEES AND COSTS. (a) In a
proceeding under this subchapter, the court may order the obligor
to pay reasonable attorney's fees incurred by a party to obtain the
order, all court costs, and all fees charged by a plan administrator
for the qualified domestic relations order or similar order.
(b) Fees and costs ordered under this section may be
enforced by any means available for the enforcement of child
support, including contempt.
SECTION 6. (a) The changes in law made by this Act to
Chapters 8, 154, and 157, Family Code, apply to an order for
maintenance under Chapter 8, Family Code, or for child support
under Chapter 154, Family Code, as applicable, regardless of
whether the order was rendered before, on, or after the effective
date of this Act.
(b) The enactment of this Act does not constitute a material
and substantial change of circumstances sufficient to warrant
modification of a court order or portion of a decree that provides
for maintenance or child support rendered before the effective date
of this Act.
SECTION 7. This Act takes effect September 1, 2021.