Bill Text: TX SB1676 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to suits affecting the parent-child relationship and the enforcement of child support.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2019-05-22 - Postponed 5/22/19 5:30 PM [SB1676 Detail]
Download: Texas-2019-SB1676-Comm_Sub.html
By: West | S.B. No. 1676 | |
(Dutton) | ||
|
||
|
||
relating to suits affecting the parent-child relationship and the | ||
enforcement of child support. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 8, Family Code, is amended | ||
by adding Section 8.062 to read as follows: | ||
Sec. 8.062. PLACE OF PAYMENT. If an obligor is ordered to | ||
pay an obligee maintenance under this chapter and child support | ||
under Chapter 154, the court shall order the payment of maintenance | ||
to the state disbursement unit as provided by Chapter 234. | ||
SECTION 2. Section 156.401, Family Code, is amended by | ||
adding Subsection (c-1) to read as follows: | ||
(c-1) Incarceration of a child support obligor in a local, | ||
state, or federal jail or prison for a period exceeding 180 days is | ||
a material and substantial change of circumstances for the purposes | ||
of this section. | ||
SECTION 3. 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 [ |
||
past-due child support, medical support, and dental support, as | ||
provided by Section 157.263, if a motion for enforcement requesting | ||
a [ |
||
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 4. Section 157.263, Family Code, is amended by | ||
amending Subsections (a), (b), and (b-1) and adding Subsections | ||
(b-2) and (b-3) to read as follows: | ||
(a) If a motion for enforcement of child support requests a | ||
money judgment for arrearages, the court shall confirm the amount | ||
of arrearages and render [ |
||
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) A cumulative money judgment for the amount of child | ||
support owed includes: | ||
(1) unpaid child support not previously confirmed; | ||
(2) the balance owed on previously confirmed child | ||
support arrearages or lump sum or retroactive child support | ||
judgments; | ||
(3) interest on the child support arrearages; and | ||
(4) a statement that it is a cumulative judgment for | ||
the amount of child support owed. | ||
(b-1) A cumulative money judgment for the amount of medical | ||
support owed includes: | ||
(1) unpaid medical support not previously confirmed; | ||
(2) the balance owed on previously confirmed medical | ||
support arrearages or lump sum or retroactive medical support | ||
judgments; | ||
(3) interest on the medical support arrearages; and | ||
(4) a statement that it is a cumulative judgment for | ||
the amount of medical support owed. | ||
(b-2) A cumulative money judgment for the amount of dental | ||
support owed includes: | ||
(1) unpaid dental support not previously confirmed; | ||
(2) the balance owed on previously confirmed dental | ||
support arrearages or lump sum or retroactive dental support | ||
judgments; | ||
(3) interest on the dental support arrearages; and | ||
(4) a statement that it is a cumulative judgment for | ||
the amount of dental support owed. | ||
(b-3) In rendering a money judgment under this section, the | ||
court may not reduce or modify the amount of child support, medical | ||
support, or dental support arrearages but, in confirming the amount | ||
of arrearages, may allow a counterclaim or offset as provided by | ||
this title. | ||
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. Section 159.605(b), Family Code, is amended to | ||
read as follows: | ||
(b) A notice must inform the nonregistering party: | ||
(1) that a registered order is enforceable as of the | ||
date of registration in the same manner as an order issued by a | ||
tribunal of this state; | ||
(2) that a hearing to contest the validity or | ||
enforcement of the registered order must be requested within 30 | ||
[ |
||
159.707; | ||
(3) that failure to contest the validity or | ||
enforcement of the registered order in a timely manner will result | ||
in confirmation of the order and enforcement of the order and the | ||
alleged arrearages; and | ||
(4) of the amount of any alleged arrearages. | ||
SECTION 7. Section 234.007(a), Family Code, is amended to | ||
read as follows: | ||
(a) A court that orders a party to pay [ |
||
|
||
all [ |
||
paid to the state disbursement unit, including any child support | ||
that the court orders an employer to withhold from the income of the | ||
obligor. | ||
SECTION 8. Section 506.001(a), Labor Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Section 506.003, in [ |
||
workers' compensation case in which a claimant is awarded a | ||
judgment against the state or a political subdivision of the state | ||
under Chapter 501, 502, 503, 504, or 505, the state or political | ||
subdivision shall comply with the judgment not later than the 30th | ||
day after the judgment is entered. | ||
SECTION 9. Chapter 506, Labor Code, is amended by adding | ||
Section 506.003 to read as follows: | ||
Sec. 506.003. CHILD SUPPORT INQUIRY. (a) Before the | ||
payment of a judgment against the state or a political subdivision | ||
of the state under Chapter 501, 502, 503, 504, or 505, the state or | ||
political subdivision shall comply with the insurance reporting | ||
requirements of Section 231.015, Family Code, and the child support | ||
lien provisions of Subchapter G, Chapter 157, Family Code. | ||
(b) Any delay in complying with the judgment due to | ||
compliance with this section does not subject the state or | ||
political subdivision to an award of a penalty or attorney's fees | ||
under Section 506.001(b). | ||
SECTION 10. Section 240.009, Property Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) A disclaimer of an interest in property made by an | ||
individual must contain a sworn statement regarding whether the | ||
disclaimant is a child support obligor whose disclaimer is barred | ||
under Section 240.151(g). | ||
SECTION 11. (a) Section 8.062, Family Code, as added by | ||
this Act, applies only to a maintenance order rendered on or after | ||
the effective date of this Act. A maintenance order rendered before | ||
the effective date of this Act is governed by the law in effect on | ||
the date the order was rendered, and the former law is continued in | ||
effect for that purpose. | ||
(b) Notwithstanding Subsection (a) of this section, an | ||
obligor subject to a maintenance order rendered before the | ||
effective date of this Act may choose to remit maintenance payments | ||
to the state disbursement unit as provided by Chapter 234, Family | ||
Code, and the state disbursement unit shall accept those payments. | ||
SECTION 12. Section 156.401, Family Code, as amended by | ||
this Act, applies only to a suit for modification of a child support | ||
order that is filed on or after the effective date of this Act. A | ||
suit for modification that is 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 13. Section 157.263, Family Code, as amended by | ||
this Act, applies only to a cumulative money judgment rendered on or | ||
after the effective date of this Act. A judgment rendered before | ||
the effective date of this Act is governed by the law in effect at | ||
the time the judgment was rendered, and the former law is continued | ||
in effect for that purpose. | ||
SECTION 14. Section 159.605, Family Code, as amended by | ||
this Act, applies only to a support order or income-withholding | ||
order issued by a court of another state that is registered in this | ||
state on or after the effective date of this Act. A support order or | ||
income-withholding order that is registered in this state before | ||
the effective date of this Act is governed by the law in effect on | ||
the date the order was registered, and the former law is continued | ||
in effect for that purpose. | ||
SECTION 15. Section 506.001, Labor Code, as amended by this | ||
Act, and Section 506.003, Labor Code, as added by this Act, apply | ||
only to a judgment awarded in a workers' compensation case on or | ||
after the effective date of this Act, regardless of whether the case | ||
was filed before, on, or after the effective date of this Act. | ||
SECTION 16. Section 240.009, Property Code, as amended by | ||
this Act, applies only to a disclaimer made on or after the | ||
effective date of this Act. A disclaimer made before the effective | ||
date of this Act is governed by the law in effect at the time the | ||
disclaimer was made, and the former law is continued in effect for | ||
that purpose. | ||
SECTION 17. This Act takes effect September 1, 2019. |