Texas 2021 - 87th Regular

Texas House Bill HB867 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 867
	1	+	By: Thompson of Harris (Senate Sponsor - Hughes) H.B. No. 867
	2	+	(In the Senate - Received from the House March 25, 2021;
	3	+	April 8, 2021, read first time and referred to Committee on State
	4	+	Affairs; May 4, 2021, reported favorably by the following vote:
	5	+	Yeas 9, Nays 0; May 4, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the issuance of a qualified domestic relations order
6	12		for the payment of spousal maintenance and child support
7	13		obligations.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Sections 8.057(a), (b), and (c), Family Code,
10	16		are amended to read as follows:
11	17		(a) The amount of maintenance specified in a court order or
12	18		the portion of a decree that provides for the maintenance [support]
13	19		of a former spouse may be modified [reduced] by the filing of a
14	20		motion in the court that originally rendered the order. A party
15	21		affected by the order or the portion of the decree to be modified
16	22		may file the motion.
17	23		(b) Notice of a motion to modify maintenance or to establish
18	24		or modify a maintenance qualified domestic relations order under
19	25		Subchapter H and the response to the motion, if any, are governed by
20	26		the Texas Rules of Civil Procedure applicable to the filing of an
21	27		original lawsuit. Notice must be given by service of citation, and
22	28		a response must be in the form of an answer due on or before 10 a.m.
23	29		of the first Monday after 20 days after the date of service. A court
24	30		shall set a hearing on the motion in the manner provided by Rule
25	31		245, Texas Rules of Civil Procedure.
26	32		(c) After a hearing, the court may modify an original or
27	33		modified order or portion of a decree providing for maintenance or a
28	34		maintenance qualified domestic relations order under Subchapter H
29	35		on a proper showing of a material and substantial change in
30	36		circumstances that occurred after the date of the order or decree,
31	37		including circumstances reflected in the factors specified in
32	38		Section 8.052, relating to either party or to a child of the
33	39		marriage described by Section 8.051(2)(C)[, if applicable]. The
34	40		court:
35	41		(1) shall apply the modification only to payment
36	42		accruing after the filing of the motion to modify; and
37	43		(2) may not increase maintenance to an amount or
38	44		duration that exceeds the amount or remaining duration of the
39	45		original maintenance order.
40	46		SECTION 2. Section 8.059(b), Family Code, is amended to
41	47		read as follows:
42	48		(b) On the suit to enforce by an obligee, the court may
43	49		render judgment against a defaulting party for the amount of
44	50		arrearages after notice by service of citation, answer, if any, and
45	51		a hearing finding that the defaulting party has failed or refused to
46	52		comply with the terms of the order. The judgment may be enforced by
47	53		any means available for the enforcement of judgment for debts,
48	54		including by an order or writ of withholding and a maintenance
49	55		qualified domestic relations order under Subchapter H.
50	56		SECTION 3. Chapter 8, Family Code, is amended by adding
51	57		Subchapter H to read as follows:
52	58		SUBCHAPTER H. MAINTENANCE QUALIFIED DOMESTIC RELATIONS ORDER
53	59		Sec. 8.351. JURISDICTION FOR QUALIFIED DOMESTIC RELATIONS
54	60		ORDER. (a) The court that rendered an order for the payment of
55	61		maintenance, or the court that obtains jurisdiction to enforce a
56	62		maintenance order, has continuing jurisdiction to render
57	63		enforceable qualified domestic relations orders or similar orders
58	64		permitting payment of pension, retirement plan, or other employee
59	65		benefits to an alternate payee or other lawful payee to satisfy
60	66		amounts due under the maintenance order. A maintenance order
61	67		includes a temporary or final order for maintenance and arrears and
62	68		interest with respect to that order.
63	69		(b) Unless prohibited by federal law, a suit seeking a
64	70		qualified domestic relations order or similar order under this
65	71		subchapter applies to a pension, retirement plan, or other employee
66	72		benefit, regardless of whether the pension, retirement plan, or
67	73		other employee benefit:
68	74		(1) is private, state, or federal;
69	75		(2) is subject to another qualified domestic relations
70	76		order or similar order;
71	77		(3) is property that is the subject of a pending
72	78		proceeding for dissolution of a marriage;
73	79		(4) is property disposed of in a previous decree for
74	80		dissolution of a marriage; or
75	81		(5) is the subject of an agreement under Chapter 4.
76	82		(c) A court described by Subsection (a) retains
77	83		jurisdiction to render a qualified domestic relations order or
78	84		similar order under this subchapter until all maintenance due under
79	85		the maintenance order, including arrearages and interest, has been
80	86		paid.
81	87		Sec. 8.352. PROCEDURE. (a) A party to a maintenance order
82	88		may petition the court for a qualified domestic relations order or
83	89		similar order in an original suit or in an action for enforcement of
84	90		the maintenance order under this chapter.
85	91		(b) Each party whose rights may be affected by the petition
86	92		is entitled to receive notice.
87	93		Sec. 8.353. TEMPORARY ORDERS. (a) While a suit for a
88	94		qualified domestic relations order or similar order is pending or
89	95		during an appeal of an enforcement order, and on the motion of a
90	96		party or on the court's own motion after notice and hearing, the
91	97		court may render an appropriate order, including the granting of a
92	98		temporary restraining order and temporary injunction, for the
93	99		preservation of the pension, retirement plan, or other employee
94	100		benefits and protection of the parties as the court considers
95	101		necessary.
96	102		(b) An order under this section is not subject to
97	103		interlocutory appeal.
98	104		Sec. 8.354. DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. If a
99	105		plan administrator or other person acting in an equivalent capacity
100	106		determines that a domestic relations order does not satisfy the
101	107		requirements of a qualified domestic relations order or similar
102	108		order, the court retains continuing jurisdiction over the parties
103	109		to the extent necessary to render a qualified domestic relations
104	110		order.
105	111		Sec. 8.355. AMENDMENT OF QUALIFIED DOMESTIC RELATIONS
106	112		ORDER. (a) A court that renders a qualified domestic relations
107	113		order or similar order retains continuing jurisdiction:
108	114		(1) to amend the order to correct the order, clarify
109	115		the terms of the order, or add language to the order to provide for
110	116		the collection of maintenance;
111	117		(2) to convert the amount or frequency of payments
112	118		under the order to a formula that is in compliance with the terms of
113	119		the pension, retirement plan, or employee benefit plan; or
114	120		(3) to vacate or terminate the order.
115	121		(b) An amended domestic relations order or similar order
116	122		under this section must be submitted to the plan administrator or
117	123		other person acting in an equivalent capacity to determine whether
118	124		the amended order satisfies the requirements of a qualified
119	125		domestic relations order or similar order. Section 8.354 applies
120	126		to an order amended under this section.
121	127		Sec. 8.356. LIBERAL CONSTRUCTION. The court shall
122	128		liberally construe this subchapter to effect payment of pension,
123	129		retirement plan, or other employee benefits for the satisfaction of
124	130		the obligor's maintenance obligation.
125	131		Sec. 8.357. ATTORNEY'S FEES AND COSTS. (a) In a proceeding
126	132		under this subchapter, the court may order the obligor to pay
127	133		reasonable attorney's fees incurred by a party to obtain the order,
128	134		all court costs, and all fees charged by a plan administrator for
129	135		the qualified domestic relations order or similar order.
130	136		(b) Fees and costs ordered under this section may be
131	137		enforced by any means available for the enforcement of a judgment
132	138		for debt.
133	139		Sec. 8.358. DIRECT PAYMENT. Payments under a qualified
134	140		domestic relations order under this subchapter may be made by
135	141		direct payment or other method ordered by the court.
136	142		Sec. 8.359. CONFLICTS WITH OTHER LAW. (a) To the extent of
137	143		a conflict between this subchapter and Chapter 804, Government
138	144		Code, Chapter 804, Government Code, prevails.
139	145		(b) To the extent of a conflict between this subchapter and
140	146		federal law, the federal law prevails.
141	147		SECTION 4. Section 154.003, Family Code, is amended to read
142	148		as follows:
143	149		Sec. 154.003. MANNER OF PAYMENT. The court may order that
144	150		child support be paid by:
145	151		(1) periodic payments;
146	152		(2) a lump-sum payment;
147	153		(3) an annuity purchase;
148	154		(4) the setting aside of property to be administered
149	155		for the support of the child as specified in the order; [or]
150	156		(5) pension, retirement, or other employee benefits in
151	157		accordance with an enforceable qualified domestic relations order
152	158		or similar order under Subchapter J, Chapter 157; or
153	159		(6) any combination of periodic payments, lump-sum
154	160		payments, annuity purchases, or setting aside of property.
155	161		SECTION 5. Chapter 157, Family Code, is amended by adding
156	162		Subchapter J to read as follows:
157	163		SUBCHAPTER J. CHILD SUPPORT QUALIFIED DOMESTIC RELATIONS ORDER
158	164		Sec. 157.501. JURISDICTION FOR QUALIFIED DOMESTIC
159	165		RELATIONS ORDER. (a) The court that rendered an order for the
160	166		payment of child support, or the court that obtains jurisdiction to
161	167		enforce a child support order under Chapter 159, has continuing
162	168		jurisdiction to render enforceable qualified domestic relations
163	169		orders or similar orders permitting payment of pension, retirement
164	170		plan, or other employee benefits to an alternate payee or other
165	171		lawful payee to satisfy support amounts due under the child support
166		-	order. A child support order includes a temporary or final order ~~for~~
167		-	child support, medical support, or dental support and arrears ~~and~~
168		-	interest with respect to that order.
	172	+	order. A child support order includes a temporary or final order
	173	+	for child support, medical support, or dental support and arrears
	174	+	and interest with respect to that order.
169	175		(b) Unless prohibited by federal law, a suit seeking a
170	176		qualified domestic relations order or similar order under this
171	177		subchapter applies to a pension, retirement plan, or other employee
172	178		benefit, regardless of whether the pension, retirement plan, or
173	179		other employee benefit:
174	180		(1) is private, state, or federal;
175	181		(2) is subject to another qualified domestic relations
176	182		order or similar order;
177	183		(3) is property that is the subject of a pending
178	184		proceeding for dissolution of a marriage;
179	185		(4) is property disposed of in a previous decree for
180	186		dissolution of a marriage; or
181	187		(5) is the subject of an agreement under Chapter 4.
182	188		(c) A court described by Subsection (a) retains
183	189		jurisdiction to render a qualified domestic relations order or
184	190		similar order under this subchapter until all support due under the
185	191		child support order, including arrearages and interest, has been
186	192		paid.
187	193		Sec. 157.502. PROCEDURE. (a) A party to a child support
188	194		order, or the Title IV-D agency in a Title IV-D case, may petition
189	195		the court for a qualified domestic relations order or similar order
190	196		in an original suit or in an action for child support enforcement
191	197		under this chapter.
192	198		(b) Each party whose rights may be affected by the petition
193	199		is entitled to receive notice under Subchapter B.
194	200		Sec. 157.503. TEMPORARY ORDERS. (a) While a suit for a
195	201		qualified domestic relations order or similar order is pending or
196	202		during an appeal of an enforcement order, and on the motion of a
197	203		party or on the court's own motion after notice and hearing, the
198	204		court may render an appropriate order, including the granting of a
199	205		temporary restraining order and temporary injunction, for the
200	206		preservation of the pension, retirement plan, or other employee
201	207		benefits and protection of the parties as the court considers
202	208		necessary.
203	209		(b) An order under this section is not subject to
204	210		interlocutory appeal.
205	211		Sec. 157.504. DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. If
206	212		a plan administrator or other person acting in an equivalent
207	213		capacity determines that a domestic relations order does not
208	214		satisfy the requirements of a qualified domestic relations order or
209	215		similar order, the court retains continuing jurisdiction over the
210	216		parties to the extent necessary to render a qualified domestic
211	217		relations order.
212	218		Sec. 157.505. AMENDMENT OF QUALIFIED DOMESTIC RELATIONS
213	219		ORDER. (a) A court that renders a qualified domestic relations
214	220		order or similar order retains continuing jurisdiction:
215	221		(1) to amend the order to correct the order, clarify
216	222		the terms of the order, or add language to the order to provide for
217	223		the collection of child support;
218	224		(2) to convert the amount or frequency of payments
219	225		under the order to a formula that is in compliance with the terms of
220	226		the pension, retirement plan, or employee benefit plan; or
221	227		(3) to vacate or terminate the order.
222	228		(b) An amended domestic relations order or similar order
223	229		under this section must be submitted to the plan administrator or
224	230		other person acting in an equivalent capacity to determine whether
225	231		the amended order satisfies the requirements of a qualified
226	232		domestic relations order or similar order. Section 157.504 applies
227	233		to an order amended under this section.
228	234		Sec. 157.506. LIBERAL CONSTRUCTION. The court shall
229	235		liberally construe this subchapter to effect payment of pension,
230	236		retirement plan, or other employee benefits for the satisfaction of
231	237		the obligor's child support obligation.
232	238		Sec. 157.507. ATTORNEY'S FEES AND COSTS. (a) In a
233	239		proceeding under this subchapter, the court may order the obligor
234	240		to pay reasonable attorney's fees incurred by a party to obtain the
235	241		order, all court costs, and all fees charged by a plan administrator
236	242		for the qualified domestic relations order or similar order.
237	243		(b) Fees and costs ordered under this section may be
238	244		enforced by any means available for the enforcement of child
239	245		support, including contempt.
240	246		Sec. 157.508. CONFLICTS WITH OTHER LAW. (a) To the extent
241	247		of a conflict between this subchapter and Chapter 804, Government
242	248		Code, Chapter 804, Government Code, prevails.
243	249		(b) To the extent of a conflict between this subchapter and
244	250		federal law, the federal law prevails.
245	251		SECTION 6. (a) The changes in law made by this Act to
246	252		Chapters 8, 154, and 157, Family Code, apply to an order for
247	253		maintenance under Chapter 8, Family Code, or for child support
248	254		under Chapter 154, Family Code, as applicable, regardless of
249	255		whether the order was rendered before, on, or after the effective
250	256		date of this Act.
251	257		(b) The enactment of this Act does not constitute a material
252	258		and substantial change of circumstances sufficient to warrant
253	259		modification of a court order or portion of a decree that provides
254	260		for maintenance or child support rendered before the effective date
255	261		of this Act.
256	262		SECTION 7. This Act takes effect September 1, 2021.
257		-	______________________________ ______________________________
258		-	President of the Senate Speaker of the House
259		-	I certify that H.B. No. 867 was passed by the House on March
260		-	25, 2021, by the following vote: Yeas 145, Nays 0, 1 present, not
261		-	voting.
262		-	______________________________
263		-	Chief Clerk of the House
264		-	I certify that H.B. No. 867 was passed by the Senate on May 6,
265		-	2021, by the following vote: Yeas 30, Nays 0.
266		-	______________________________
267		-	Secretary of the Senate
268		-	APPROVED: _____________________
269		-	Date
270		-	_____________________
271		-	Governor
	263	+	* * * * *