Bill Text: TX HB2265 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the duties of the Title IV-D agency regarding the collection, modification, and enforcement of child support.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-10 - Reported favorably as substituted [HB2265 Detail]

Download: Texas-2019-HB2265-Introduced.html
 
 
  By: Dutton H.B. No. 2265
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the duties of the Title IV-D agency regarding the
  collection, modification, and enforcement of child support.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS.
         SECTION 1.  Section 156.401, Family Code. is amended by
  amending Subsection (b) to read as follows:
         (b)  Except as provided by Sections 231.1015 and 231.1016, a
  [A] support order may be modified with regard to the amount of
  support ordered only as to obligations accruing after the earlier
  of:
               (1)  the date of service of citation; or
               (2)  an appearance in the suit to modify.
         SECTION 2.  Section 231.002(e), Family Code is amended by
  modifying Subsections (3) and (4) and adding Subsection (5) to read
  as follows:
               (3)  order income withholding, as provided by Chapter
  233, and issue an administrative writ of withholding, as provided
  by Chapter 158; and
               (4)  take any action with respect to execution,
  collection, and release of a judgment or lien for child support
  necessary to satisfy the judgment or lien, as provided by Chapter
  157.; and
               (5)  administratively modify the support obligations
  of incarcerated obligors, as provided by Sections 231.1015 and
  231.1016.
         SECTION 3.  Sections 231.103(a), (b) and (c), Family Code
  are amended to read as follows:
         (a)  The Title IV-D agency may:
               (1)  charge a reasonable application fee;
               (2)  charge an [$25] annual service fee; and
               (3)  to the extent permitted by federal law, recover
  costs for the services provided in a Title IV-D case.
         (b)  An application fee may not be charged in a case in which
  the Title IV-D agency provides services because the family receives
  public assistance.
         (c)  [An] The application and service fees may not exceed [a]
  the maximum amounts established by federal law.
         SECTION 4.  Subchapter B, Chapter 231, Family Code, is
  amended by adding Section 231.1015 to read as follows:
         Sec. 231.1015.  NOTICE OF ADMINISTRATIVE ADJUSTMENT OF
  SUPPORT OBLIGATIONS DURING INCARCERATION. (a)  In a Title IV-D
  case, upon learning that the obligor will be incarcerated for more
  than 180 consecutive calendar days in a local, state, or federal
  jail or prison, the Title IV-D agency shall review and adjust an
  obligor's current child support, medical support, and dental
  support obligations to amounts that are based on the application of
  the child support guidelines in Chapter 154 to the current net
  resources available to the obligor to pay support while
  incarcerated.  This section does not apply if:
               (1)  The incarceration resulted from the obligor's
  failure to comply with a court order to pay child support; or
               (2)  The obligor is incarcerated for an offense
  constituting family violence as defined by Section 71.004 against
  the obligee or the supported child.
         (b)  The adjustment of the obligor's current support
  obligations under this section does not affect support obligations
  due prior to the effective date of the adjustment.
         (c)  In a case meeting the requirements of subsection (a),
  the Title IV-D agency shall file a notice of administrative
  adjustment with the court of continuing, exclusive jurisdiction and
  notify the parties of the administrative adjustment.  The notice of
  adjustment shall state the amounts of the adjusted support
  obligations, the effective date of the adjustment, and include the
  style and the cause number of the case in which support was ordered.  
  In lieu of filing a notice of administrative adjustment, the Title
  IV-D agency may elect to seek a modification of the support order of
  an incarcerated obligor under Subchapter E, Chapter 156.
         (d)  The obligor or obligee may contest the notice of
  administrative adjustment by requesting an administrative review
  as provided by Section 231.1016.
         (e)  In a Title IV-D case, following the release from
  incarceration of an obligor whose support obligations were adjusted
  under this section, the Title IV-D agency shall conduct a review
  under Section 231.101(d) and may pursue appropriate remedies under
  Chapter 156 or Chapter 233.
         (f)  The Title IV-D agency may adopt rules to implement this
  section.
         SECTION 5.  Subchapter B, Chapter 231, Family Code, is
  amended by adding Section 231.1016 to read as follows:
         Sec. 231.1016.  CONTEST TO NOTICE OF ADMINISTRATIVE
  ADJUSTMENT DUE TO INCARCERATION. (a)  An obligor or an obligee
  contesting an adjustment under Section 231.1015 shall, within 30
  days of receipt of a notice of adjustment, request a review by the
  Title IV-D agency to resolve any issue in dispute regarding the
  applicability of Section 231.1015(a) or the amounts of the adjusted
  support obligations.  The Title IV-D agency shall provide an
  opportunity for a review, by telephonic conference or in person, as
  may be appropriate under the circumstances.
         (b)  Following a review under this section, the Title IV-D
  agency shall:
               (1)  issue to the parties a notice of determination
  affirming the adjustment; or
               (2)  file a notice with the court withdrawing the
  notice of administrative adjustment and shall notify the parties of
  the outcome of the review.
         (c)  If a review under this section fails to resolve any
  issue in dispute, a party may file a motion with the court of
  continuing, exclusive jurisdiction to contest the administrative
  adjustment and request a hearing with the court not later than the
  30th day after receiving notice of the agency's determination.  In
  the event a party files a motion pursuant to this subsection, the
  administrative adjustment shall remain in effect until either the
  Title IV-D agency files a notice of withdrawal of the adjustment, or
  further order of the court.
         SECTION 6.  Section 233.021(c), Family Code is amended to
  read as follows:
         (c)  The clerk shall deliver by personal service, or by
  substituted service, if court ordered, a copy of the petition for
  confirmation of a nonagreed review order and a copy of the order, to
  each party entitled to service who has not waived service.
         SECTION 7.  Sec. 233.024(a), Family Code is amended to read
  as follows:
         (a)  On the filing of an agreed child support review order
  signed by all parties, together with waiver of service, the court
  shall sign the order not later than the [third] seventh day after
  the filing of the order.  On expiration of the [third] seventh day
  after the filing of the order, the order is considered confirmed by
  the court by operation of law, regardless of whether the court has
  signed the order.  The court may sign the order before filing the
  order, but the signed order shall immediately be filed.
         SECTION 8.  The change in law made by this Act to Subchapter
  B, Chapter 231, Family Code, in adding Sections 231.1015 and
  231.1016 applies to all orders with current child support, medical
  support or dental support accruals on or after September 1, 2019.
         SECTION 9.  This Act takes effect September 1, 2019.
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