Bill Text: TX HB2246 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to suits affecting the parent-child relationship, including the payment and enforcement of support ordered in a suit affecting the parent-child relationship.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-04-12 - Left pending in committee [HB2246 Detail]
Download: Texas-2023-HB2246-Introduced.html
88R3866 MLH-D | ||
By: Smithee | H.B. No. 2246 |
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relating to suits affecting the parent-child relationship, | ||
including the payment and enforcement of support ordered in a suit | ||
affecting the parent-child relationship. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 122.201, Estates Code, is amended to | ||
read as follows: | ||
Sec. 122.201. ASSIGNMENT; WHEN ASSIGNMENT BARRED OR | ||
LIMITED. (a) Except as provided by Subsection (b), a [ |
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who is entitled to receive property or an interest in property from | ||
a decedent under a will, by inheritance, or as a beneficiary under a | ||
life insurance contract, and does not disclaim the property under | ||
Chapter 240, Property Code, may assign the property or interest in | ||
property to any person. | ||
(b) An assignment of property or an interest in property | ||
under Subsection (a) by a child support obligor is barred to the | ||
extent the assigned property or interest in property could be | ||
applied to satisfy a support obligation of the obligor that has | ||
been: | ||
(1) administratively determined as evidence by a | ||
certified child support payment record produced by the Title IV-D | ||
agency in a Title IV-D case; or | ||
(2) confirmed and reduced to judgment as provided by | ||
Section 157.263, Family Code. | ||
(c) In this section: | ||
(1) "Title IV-D agency" has the meaning assigned by | ||
Section 101.033, Family Code. | ||
(2) "Title IV-D case" has the meaning assigned by | ||
Section 101.034, Family Code. | ||
SECTION 2. Section 102.0091(b), Family Code, is amended to | ||
read as follows: | ||
(b) The party executing the waiver may [ |
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using a digitized signature. | ||
SECTION 3. Sections 105.006(a), (e), and (f), Family Code, | ||
are amended to read as follows: | ||
(a) A final order, other than in a proceeding under Chapter | ||
161 or 162, must contain: | ||
(1) the social security number and driver's license | ||
number of each party to the suit, including the child, except that | ||
the child's social security number or driver's license number is not | ||
required if the child has not been assigned a social security number | ||
or driver's license number; and | ||
(2) each party's current residence address, mailing | ||
address, e-mail address, home telephone number, name of employer, | ||
address of employment, and work telephone number, except as | ||
provided by Subsection (c). | ||
(e) Except as provided by Subsection (c), an order in a suit | ||
that orders child support or possession of or access to a child must | ||
also contain the following prominently displayed statement in | ||
boldfaced type, capital letters, or underlined: | ||
"EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY | ||
EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY | ||
CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, | ||
E-MAIL ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF | ||
EMPLOYMENT, DRIVER'S LICENSE NUMBER, AND WORK TELEPHONE NUMBER. | ||
THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF | ||
THE REQUIRED INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE | ||
STATE CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED | ||
CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE | ||
CHANGE IN SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS | ||
ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY | ||
AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE." | ||
"THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY, | ||
THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY | ||
PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD | ||
SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD." | ||
"FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE | ||
EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE | ||
CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION | ||
TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF | ||
CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX | ||
MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY | ||
JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS." | ||
(f) Except for an action in which contempt is sought, in any | ||
subsequent child support enforcement action, the court may, on a | ||
showing that diligent effort has been made to determine the | ||
location of a party, consider due process requirements for notice | ||
and service of process to be met with respect to that party on | ||
delivery of written notice to the most recent residence address, | ||
e-mail address, [ |
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filed by that party with the court and the state case registry. | ||
SECTION 4. Section 105.007(a), Family Code, is amended to | ||
read as follows: | ||
(a) A party shall comply with the order by giving written | ||
notice to each other party of an intended change in the party's | ||
current residence address, mailing address, e-mail address, home | ||
telephone number, name of employer, address of employment, and work | ||
telephone number. | ||
SECTION 5. Section 154.132, Family Code, is amended to read | ||
as follows: | ||
Sec. 154.132. APPLICATION OF GUIDELINES TO CHILDREN OF | ||
CERTAIN DISABLED OBLIGORS. (a) In applying the child support | ||
guidelines for an obligor who has a disability and who is required | ||
to pay support for a child who receives periodic benefits as a | ||
result of the obligor's disability, the court shall apply the | ||
guidelines by determining the amount of child support that would be | ||
ordered under the child support guidelines and subtracting from | ||
that total the amount of benefits or the value of the benefits paid | ||
to or for the child as a result of the obligor's disability. | ||
(b) If a child for whom the obligor owes child support | ||
receives a lump-sum payment as a result of the obligor's disability | ||
and that payment is made to the obligee as the representative payee | ||
of the child, the credit for the lump-sum payment must be applied as | ||
provided by Section 157.009. | ||
SECTION 6. Section 157.005(b), Family Code, is amended to | ||
read as follows: | ||
(b) The court retains jurisdiction to confirm the total | ||
amount of child support, medical support, and dental support | ||
arrearages and render cumulative money judgments for past-due child | ||
support, medical support, and dental support, as provided by | ||
Section 157.263, if a motion [ |
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judgment is filed not later than the 10th anniversary after the | ||
date: | ||
(1) the child becomes an adult; or | ||
(2) on which the child support obligation terminates | ||
under the child support order or by operation of law. | ||
SECTION 7. Section 157.009, Family Code, is amended to read | ||
as follows: | ||
Sec. 157.009. CREDIT FOR PAYMENT OF DISABILITY BENEFITS. | ||
In addition to any other credit or offset available to an obligor | ||
under this title, if a child for whom the obligor owes child support | ||
receives a lump-sum payment as a result of the obligor's disability | ||
and that payment is made to the obligee as the representative payee | ||
of the child, the obligor is entitled to a credit. The credit under | ||
this section is equal to the amount of the lump-sum payment and | ||
shall be applied only to any child support arrearage and interest | ||
owed by the obligor on behalf of that child at the time the payment | ||
is made. The credit under this section may not be used to reduce the | ||
amount of a periodic child support obligation ordered under Chapter | ||
154 that has not yet accrued. | ||
SECTION 8. Sections 157.263(a) and (b-3), Family Code, are | ||
amended to read as follows: | ||
(a) If a motion [ |
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a money judgment for child support, medical support, or dental | ||
support arrearages, the court shall confirm the amount of | ||
arrearages and render cumulative money judgments as follows: | ||
(1) a cumulative money judgment for the amount of | ||
child support owed under Subsection (b); | ||
(2) a cumulative money judgment for the amount of | ||
medical support owed under Subsection (b-1); and | ||
(3) a cumulative money judgment for the amount of | ||
dental support owed under Subsection (b-2). | ||
(b-3) In rendering a money judgment under this title that | ||
includes child support, medical support, or dental support | ||
arrearages [ |
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of [ |
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but, in confirming the amount of arrearages, may allow a | ||
counterclaim or offset as provided by this title. | ||
SECTION 9. Section 157.318(a), Family Code, is amended to | ||
read as follows: | ||
(a) A [ |
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all current support and child support arrearages, including | ||
interest, any costs and reasonable attorney's fees, and any Title | ||
IV-D service fees authorized under Section 231.103 for which the | ||
obligor is responsible, have been paid or the lien is otherwise | ||
released as provided by this subchapter. | ||
SECTION 10. Section 160.604(c), Family Code, is amended to | ||
read as follows: | ||
(c) If the court lacks [ |
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individual, [ |
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(1) is not precluded from making an adjudication of | ||
parentage binding on another individual over whom the court has | ||
personal jurisdiction; and | ||
(2) may not delay the adjudication described by | ||
Subdivision (1) solely due to the lack of jurisdiction. | ||
SECTION 11. Section 157.318(d), Family Code, is repealed. | ||
SECTION 12. The change in law made by this Act to Section | ||
102.0091(b), Family Code, applies to a waiver of citation executed | ||
in a suit affecting the parent-child relationship on or after the | ||
effective date of this Act, regardless of whether the suit was filed | ||
before, on, or after that date. | ||
SECTION 13. The changes in law made by this Act to Sections | ||
105.006 and 105.007(a), Family Code, apply only to a suit affecting | ||
the parent-child relationship that is filed on or after the | ||
effective date of this Act. A suit affecting the parent-child | ||
relationship filed before the effective date of this Act is | ||
governed by the law in effect on the date the suit was filed, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 14. The changes in law made by this Act to Sections | ||
154.132 and 157.009, Family Code, apply only to a lump-sum payment | ||
received by a child support obligee as a representative payee of a | ||
child on or after the effective date of this Act. A lump-sum | ||
payment received before that date is governed by the law in effect | ||
on the date the payment was received, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 15. The changes in law made by this Act to Sections | ||
157.005(b) and 157.263, Family Code, apply only to a motion | ||
requesting a money judgment for child support, medical support, or | ||
dental support arrearages that is filed on or after the effective | ||
date of this Act. A motion requesting a money judgment for child | ||
support, medical support, or dental support arrearages filed before | ||
that date is governed by the law in effect on the date the motion was | ||
filed, and the former law is continued in effect for that purpose. | ||
SECTION 16. (a) Subject to Subsection (b) of this section, | ||
the change in law made by this Act to Section 157.318(a), Family | ||
Code, applies to a child support lien on real property regardless of | ||
whether the lien notice was filed before, on, or after the effective | ||
date of this Act. | ||
(b) A lien for which the 10th anniversary of the date on | ||
which the last lien notice was filed with the county clerk occurred | ||
before the effective date of this Act may be renewed on or after the | ||
effective date of this Act in the same manner and with the same | ||
effect on priority over other liens as provided by Section | ||
157.318(d), Family Code, as that section existed immediately before | ||
the effective date of this Act. Once the lien is renewed in | ||
accordance with this subsection, the lien continues in effect in | ||
accordance with Section 157.318, Family Code, as amended by this | ||
Act. | ||
SECTION 17. The change in law made by this Act to Section | ||
160.604(c), Family Code, applies to a suit affecting the | ||
parent-child relationship that is pending in a trial court on the | ||
effective date of this Act or that is filed on or after that date. | ||
SECTION 18. This Act takes effect September 1, 2023. |