Texas 2021 - 87th Regular

Texas Senate Bill SB1475 Compare Versions

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

Old	New	Differences
1	1	87R737 MM-F
2	2	By: Hughes S.B. No. 1475
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the issuance of a qualified domestic relations order
8	8	for the payment of spousal maintenance and child support
9	9	obligations.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 8.057(b) and (c), Family Code, are
12	12	amended to read as follows:
13	13	(b) Notice of a motion to modify maintenance or to establish
14	14	or modify a maintenance qualified domestic relations order under
15	15	Subchapter H and the response to the motion, if any, are governed by
16	16	the Texas Rules of Civil Procedure applicable to the filing of an
17	17	original lawsuit. Notice must be given by service of citation, and
18	18	a response must be in the form of an answer due on or before 10 a.m.
19	19	of the first Monday after 20 days after the date of service. A court
20	20	shall set a hearing on the motion in the manner provided by Rule
21	21	245, Texas Rules of Civil Procedure.
22	22	(c) After a hearing, the court may modify an original or
23	23	modified order or portion of a decree providing for maintenance or a
24	24	maintenance qualified domestic relations order under Subchapter H
25	25	on a proper showing of a material and substantial change in
26	26	circumstances, including circumstances reflected in the factors
27	27	specified in Section 8.052, relating to either party or to a child
28	28	of the marriage described by Section 8.051(2)(C), if applicable.
29	29	The court shall apply the modification only to payment accruing
30	30	after the filing of the motion to modify.
31	31	SECTION 2. Section 8.059(b), Family Code, is amended to
32	32	read as follows:
33	33	(b) On the suit to enforce by an obligee, the court may
34	34	render judgment against a defaulting party for the amount of
35	35	arrearages after notice by service of citation, answer, if any, and
36	36	a hearing finding that the defaulting party has failed or refused to
37	37	comply with the terms of the order. The judgment may be enforced by
38	38	any means available for the enforcement of judgment for debts,
39	39	including by an order or writ of withholding and a maintenance
40	40	qualified domestic relations order under Subchapter H.
41	41	SECTION 3. Chapter 8, Family Code, is amended by adding
42	42	Subchapter H to read as follows:
43	43	SUBCHAPTER H. MAINTENANCE QUALIFIED DOMESTIC RELATIONS ORDER
44	44	Sec. 8.351. JURISDICTION FOR QUALIFIED DOMESTIC RELATIONS
45	45	ORDER. (a) The court that rendered an order for the payment of
46	46	maintenance, or the court that obtains jurisdiction to enforce a
47	47	maintenance order, has continuing jurisdiction to render
48	48	enforceable qualified domestic relations orders or similar orders
49	49	permitting payment of pension, retirement plan, or other employee
50	50	benefits to an alternate payee or other lawful payee to satisfy
51	51	amounts due under the maintenance order. A maintenance order
52	52	includes a temporary or final order for maintenance and arrears and
53	53	interest with respect to that order.
54	54	(b) Unless prohibited by federal law, a suit seeking a
55	55	qualified domestic relations order or similar order under this
56	56	subchapter applies to a pension, retirement plan, or other employee
57	57	benefit, regardless of whether the pension, retirement plan, or
58	58	other employee benefit:
59	59	(1) is private, state, or federal;
60	60	(2) is subject to another qualified domestic relations
61	61	order or similar order;
62	62	(3) is property that is the subject of a pending
63	63	proceeding for dissolution of a marriage;
64	64	(4) is property disposed of in a previous decree for
65	65	dissolution of a marriage; or
66	66	(5) is the subject of an agreement under Chapter 4.
67	67	(c) A court described by Subsection (a) retains
68	68	jurisdiction to render a qualified domestic relations order or
69	69	similar order under this subchapter until all maintenance due under
70	70	the maintenance order, including arrearages and interest, has been
71	71	paid.
72	72	Sec. 8.352. PROCEDURE. (a) A party to a maintenance order
73	73	may petition the court for a qualified domestic relations order or
74	74	similar order in an original suit or in an action for enforcement of
75	75	the maintenance order under this chapter.
76	76	(b) Each party whose rights may be affected by the petition
77	77	is entitled to receive notice.
78	78	Sec. 8.353. TEMPORARY ORDERS. (a) While a suit for a
79	79	qualified domestic relations order or similar order is pending or
80	80	during an appeal of an enforcement order, and on the motion of a
81	81	party or on the court's own motion after notice and hearing, the
82	82	court may render an appropriate order, including the granting of a
83	83	temporary restraining order and temporary injunction, for the
84	84	preservation of the pension, retirement plan, or other employee
85	85	benefits and protection of the parties as the court considers
86	86	necessary.
87	87	(b) An order under this section is not subject to
88	88	interlocutory appeal.
89	89	Sec. 8.354. DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. If a
90	90	plan administrator or other person acting in an equivalent capacity
91	91	determines that a domestic relations order does not satisfy the
92	92	requirements of a qualified domestic relations order or similar
93	93	order, the court retains continuing jurisdiction over the parties
94	94	to the extent necessary to render a qualified domestic relations
95	95	order.
96	96	Sec. 8.355. AMENDMENT OF QUALIFIED DOMESTIC RELATIONS
97	97	ORDER. (a) A court that renders a qualified domestic relations
98	98	order or similar order retains continuing jurisdiction:
99	99	(1) to amend the order to correct the order, clarify
100	100	the terms of the order, or add language to the order to provide for
101	101	the collection of maintenance;
102	102	(2) to convert the amount or frequency of payments
103	103	under the order to a formula that is in compliance with the terms of
104	104	the pension, retirement plan, or employee benefit plan; or
105	105	(3) to vacate or terminate the order.
106	106	(b) An amended domestic relations order or similar order
107	107	under this section must be submitted to the plan administrator or
108	108	other person acting in an equivalent capacity to determine whether
109	109	the amended order satisfies the requirements of a qualified
110	110	domestic relations order or similar order. Section 8.354 applies
111	111	to an order amended under this section.
112	112	Sec. 8.356. LIBERAL CONSTRUCTION. The court shall
113	113	liberally construe this subchapter to effect payment of pension,
114	114	retirement plan, or other employee benefits for the satisfaction of
115	115	the obligor's maintenance obligation.
116	116	Sec. 8.357. ATTORNEY'S FEES AND COSTS. (a) In a proceeding
117	117	under this subchapter, the court may order the obligor to pay
118	118	reasonable attorney's fees incurred by a party to obtain the order,
119	119	all court costs, and all fees charged by a plan administrator for
120	120	the qualified domestic relations order or similar order.
121	121	(b) Fees and costs ordered under this section may be
122	122	enforced by any means available for the enforcement of a judgment
123	123	for debt.
124	124	Sec. 8.358. DIRECT PAYMENT. Payments under a qualified
125	125	domestic relations order under this subchapter may be made by
126	126	direct payment or other method ordered by the court.
127	127	SECTION 4. Section 154.003, Family Code, is amended to read
128	128	as follows:
129	129	Sec. 154.003. MANNER OF PAYMENT. The court may order that
130	130	child support be paid by:
131	131	(1) periodic payments;
132	132	(2) a lump-sum payment;
133	133	(3) an annuity purchase;
134	134	(4) the setting aside of property to be administered
135	135	for the support of the child as specified in the order; [or]
136	136	(5) pension, retirement, or other employee benefits in
137	137	accordance with an enforceable qualified domestic relations order
138	138	or similar order under Subchapter J, Chapter 157; or
139	139	(6) any combination of periodic payments, lump-sum
140	140	payments, annuity purchases, or setting aside of property.
141	141	SECTION 5. Chapter 157, Family Code, is amended by adding
142	142	Subchapter J to read as follows:
143	143	SUBCHAPTER J. CHILD SUPPORT QUALIFIED DOMESTIC RELATIONS ORDER
144	144	Sec. 157.501. JURISDICTION FOR QUALIFIED DOMESTIC
145	145	RELATIONS ORDER. (a) The court that rendered an order for the
146	146	payment of child support, or the court that obtains jurisdiction to
147	147	enforce a child support order under Chapter 159, has continuing
148	148	jurisdiction to render enforceable qualified domestic relations
149	149	orders or similar orders permitting payment of pension, retirement
150	150	plan, or other employee benefits to an alternate payee or other
151	151	lawful payee to satisfy support amounts due under the child support
152	152	order. A child support order includes a temporary or final order for
153	153	child support, medical support, or dental support and arrears and
154	154	interest with respect to that order.
155	155	(b) Unless prohibited by federal law, a suit seeking a
156	156	qualified domestic relations order or similar order under this
157	157	subchapter applies to a pension, retirement plan, or other employee
158	158	benefit, regardless of whether the pension, retirement plan, or
159	159	other employee benefit:
160	160	(1) is private, state, or federal;
161	161	(2) is subject to another qualified domestic relations
162	162	order or similar order;
163	163	(3) is property that is the subject of a pending
164	164	proceeding for dissolution of a marriage;
165	165	(4) is property disposed of in a previous decree for
166	166	dissolution of a marriage; or
167	167	(5) is the subject of an agreement under Chapter 4.
168	168	(c) A court described by Subsection (a) retains
169	169	jurisdiction to render a qualified domestic relations order or
170	170	similar order under this subchapter until all support due under the
171	171	child support order, including arrearages and interest, has been
172	172	paid.
173	173	Sec. 157.502. PROCEDURE. (a) A party to a child support
174	174	order, or the Title IV-D agency in a Title IV-D case, may petition
175	175	the court for a qualified domestic relations order or similar order
176	176	in an original suit or in an action for child support enforcement
177	177	under this chapter.
178	178	(b) Each party whose rights may be affected by the petition
179	179	is entitled to receive notice under Subchapter B.
180	180	Sec. 157.503. TEMPORARY ORDERS. (a) While a suit for a
181	181	qualified domestic relations order or similar order is pending or
182	182	during an appeal of an enforcement order, and on the motion of a
183	183	party or on the court's own motion after notice and hearing, the
184	184	court may render an appropriate order, including the granting of a
185	185	temporary restraining order and temporary injunction, for the
186	186	preservation of the pension, retirement plan, or other employee
187	187	benefits and protection of the parties as the court considers
188	188	necessary.
189	189	(b) An order under this section is not subject to
190	190	interlocutory appeal.
191	191	Sec. 157.504. DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. If
192	192	a plan administrator or other person acting in an equivalent
193	193	capacity determines that a domestic relations order does not
194	194	satisfy the requirements of a qualified domestic relations order or
195	195	similar order, the court retains continuing jurisdiction over the
196	196	parties to the extent necessary to render a qualified domestic
197	197	relations order.
198	198	Sec. 157.505. AMENDMENT OF QUALIFIED DOMESTIC RELATIONS
199	199	ORDER. (a) A court that renders a qualified domestic relations
200	200	order or similar order retains continuing jurisdiction:
201	201	(1) to amend the order to correct the order, clarify
202	202	the terms of the order, or add language to the order to provide for
203	203	the collection of child support;
204	204	(2) to convert the amount or frequency of payments
205	205	under the order to a formula that is in compliance with the terms of
206	206	the pension, retirement plan, or employee benefit plan; or
207	207	(3) to vacate or terminate the order.
208	208	(b) An amended domestic relations order or similar order
209	209	under this section must be submitted to the plan administrator or
210	210	other person acting in an equivalent capacity to determine whether
211	211	the amended order satisfies the requirements of a qualified
212	212	domestic relations order or similar order. Section 157.504 applies
213	213	to an order amended under this section.
214	214	Sec. 157.506. LIBERAL CONSTRUCTION. The court shall
215	215	liberally construe this subchapter to effect payment of pension,
216	216	retirement plan, or other employee benefits for the satisfaction of
217	217	the obligor's child support obligation.
218	218	Sec. 157.507. ATTORNEY'S FEES AND COSTS. (a) In a
219	219	proceeding under this subchapter, the court may order the obligor
220	220	to pay reasonable attorney's fees incurred by a party to obtain the
221	221	order, all court costs, and all fees charged by a plan administrator
222	222	for the qualified domestic relations order or similar order.
223	223	(b) Fees and costs ordered under this section may be
224	224	enforced by any means available for the enforcement of child
225	225	support, including contempt.
226	226	SECTION 6. (a) The changes in law made by this Act to
227	227	Chapters 8, 154, and 157, Family Code, apply to an order for
228	228	maintenance under Chapter 8, Family Code, or for child support
229	229	under Chapter 154, Family Code, as applicable, regardless of
230	230	whether the order was rendered before, on, or after the effective
231	231	date of this Act.
232	232	(b) The enactment of this Act does not constitute a material
233	233	and substantial change of circumstances sufficient to warrant
234	234	modification of a court order or portion of a decree that provides
235	235	for maintenance or child support rendered before the effective date
236	236	of this Act.
237	237	SECTION 7. This Act takes effect September 1, 2021.