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 - Dead) 2019-04-10 - Reported favorably as substituted [HB2265 Detail]
Download: Texas-2019-HB2265-Introduced.html
By: Dutton | H.B. No. 2265 |
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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 | ||
[ |
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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; |
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(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 |
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(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 [ |
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(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) [ |
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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 [ |
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the filing of the order. On expiration of the [ |
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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. |