Bill Text: TX SB1675 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to the administration of and certain procedures under the Title IV-D program for child support enforcement.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2019-05-21 - Placed on General State Calendar [SB1675 Detail]

Download: Texas-2019-SB1675-Comm_Sub.html
 
 
  By: West S.B. No. 1675
 
  (Dutton)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration of and certain procedures under the
  Title IV-D program for child support enforcement.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 156.401(b), Family Code, is amended to
  read as follows:
         (b)  Except as provided by Sections 231.1015, 231.1016, and
  231.1017, 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 to
  read as follows:
         (e)  The Title IV-D agency may take the following
  administrative actions with respect to the location of a parent,
  the determination of parentage, and the establishment,
  modification, and enforcement of child support, medical support,
  and dental support orders required by 42 U.S.C. Section 666(c),
  without obtaining an order from any other judicial or
  administrative tribunal:
               (1)  issue an administrative subpoena, as provided by
  Section 231.303, to obtain financial or other information;
               (2)  order genetic testing for parentage
  determination, as provided by Chapter 233;
               (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)  adjust the support obligations of an incarcerated
  obligor, as provided by Sections 231.1015, 231.1016, and 231.1017.
         SECTION 3.  Subchapter B, Chapter 231, Family Code, is
  amended by adding Sections 231.1015, 231.1016, and 231.1017 to read
  as follows:
         Sec. 231.1015.  ADMINISTRATIVE ADJUSTMENT OF SUPPORT
  OBLIGATIONS DURING OBLIGOR'S INCARCERATION. (a)  Subject to
  Subsection (b), on verification by the Title IV-D agency that a
  judgment or order has been rendered for the confinement of a child
  support obligor in a local, state, or federal jail or prison for a
  period of at least 180 consecutive days, the Title IV-D agency shall
  review and administratively adjust the obligor's child support,
  medical support, and dental support order to amounts that are based
  on the application of the child support guidelines under Chapter
  154 to the obligor's net resources during incarceration.
         (b)  This section does not apply if the Title IV-D agency
  determines that the obligor is confined:
               (1)  due to the obligor's failure to comply with a child
  support order; or
               (2)  for an offense constituting an act of family
  violence, as defined by Section 71.004, committed against the
  obligee or a child covered by the child support order.
         (c)  If the Title IV-D agency administratively adjusts a
  support obligation under Subsection (a), the agency must:
               (1)  provide notice of the administrative adjustment to
  the parties to the support order; and
               (2)  file a copy of the notice with the court of
  continuing, exclusive jurisdiction.
         (d)  The notice provided under Subsection (c) must state:
               (1)  the amount of the obligor's adjusted support
  obligation during incarceration;
               (2)  the effective date of the administrative
  adjustment of the support obligation; and
               (3)  the style and cause number of the case in which the
  support order was rendered.
         (e)  Notwithstanding Subsection (a), the Title IV-D agency
  may seek modification of the support order under Subchapter E,
  Chapter 156, in lieu of administratively adjusting the support
  obligation under this section.
         (f)  The administrative adjustment of a support obligation
  under this section does not affect a support obligation due before
  the effective date of the administrative adjustment.
         (g)  The Title IV-D agency may adopt rules to implement this
  section.
         Sec. 231.1016.  REVIEW OF ADMINISTRATIVE ADJUSTMENT OF
  SUPPORT OBLIGATIONS. (a)  Not later than the 30th day after
  receiving notice of an administrative adjustment of a support
  obligation under Section 231.1015, a party to the support order may
  contest the administrative adjustment by requesting that the Title
  IV-D agency review the agency's decision to grant the
  administrative adjustment.
         (b)  If a party to the support order does not request the
  Title IV-D agency to review the administrative adjustment within
  the time prescribed by Subsection (a), the Title IV-D agency shall
  file an administrative adjustment order with the court of
  continuing, exclusive jurisdiction.  The order must contain a
  signed statement from the Title IV-D agency that neither party to
  the order requested an administrative review within the time
  required by Subsection (a) and state the amount of the obligor's
  adjusted support obligation during incarceration and the effective
  date of the administrative adjustment.  The court shall sign the
  order not later than the seventh day after the date the order is
  filed.  On expiration of the seventh day after the date the order is
  filed, the order is considered confirmed by the court by operation
  of law, regardless of whether the court has signed the order.
         (c)  On request by a party under Subsection (a), the Title
  IV-D agency shall:
               (1)  review the administrative adjustment of the
  support obligation to determine whether:
                     (A)  the exceptions under Section 231.1015(b)
  apply; and
                     (B)  the administrative adjustment accurately
  reflects the obligor's net resources during incarceration; and
               (2)  provide an opportunity for review with the parties
  in person or by telephone, as appropriate.
         (d)  After conducting a review under Subsection (c), the
  Title IV-D agency shall:
               (1)  affirm the administrative adjustment of the
  support obligation by issuing a notice of determination to the
  parties regarding the agency's decision to affirm the
  administrative adjustment; or
               (2)  withdraw the administrative adjustment of the
  support obligation by filing a notice with the court of continuing,
  exclusive jurisdiction withdrawing the administrative adjustment
  and issuing a notice of determination to the parties regarding the
  agency's decision to withdraw the administrative adjustment.
         (e)  Not later than the 30th day after a party receives
  notice under Subsection (d)(1), the party may file a motion
  requesting a hearing with the court of continuing, exclusive
  jurisdiction to contest the Title IV-D agency's administrative
  adjustment of the support obligation.  The administrative
  adjustment remains in effect until:
               (1)  the agency files a notice with the court of
  continuing, exclusive jurisdiction withdrawing the administrative
  adjustment; or
               (2)  the court renders an order regarding the
  administrative adjustment.
         (f)  If a party to a support order does not file a motion
  requesting a hearing with the court of continuing, exclusive
  jurisdiction within the time prescribed by Subsection (e), the
  Title IV-D agency shall file an administrative adjustment order
  with the court of continuing, exclusive jurisdiction and shall
  attach to the order a copy of the notice of determination issued
  under Subsection (d)(1).  The order must state the amount of the
  obligor's adjusted support obligation during incarceration and the
  effective date of the administrative adjustment.  The court shall
  sign the order not later than the seventh day after the date the
  order is filed.  On expiration of the seventh day after the date the
  order is filed, the order is considered confirmed by the court by
  operation of law, regardless of whether the court has signed the
  order.
         Sec. 231.1017.  MODIFICATION OF SUPPORT OBLIGATION AFTER
  OBLIGOR'S RELEASE FROM INCARCERATION. In a Title IV-D case, on the
  release of an obligor whose support obligations were
  administratively adjusted during incarceration under Section
  231.1015, the Title IV-D agency shall review the obligor's support
  order as provided by Section 231.101 to determine if modification
  is necessary and may proceed under Chapter 156 or Chapter 233.
         SECTION 4.  Sections 231.103(a) 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 [a $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.
         (c)  The [An] application and service fees [fee] may not
  exceed the [a] maximum amounts [amount] established by federal law.
         SECTION 5.  Section 233.021(c), Family Code, is amended to
  read as follows:
         (c)  The clerk shall deliver by personal service or, if
  court-ordered, a method of substituted service, 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 6.  Section 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 seventh [third] day after
  the filing of the order. On expiration of the seventh [third] 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 7.  (a)  The changes in law made by Section
  231.002(e), Family Code, as amended by this Act, and Sections
  231.1015, 231.1016, and 231.1017, Family Code, as added by this
  Act, apply to a child support order regardless of whether the order
  was rendered before, on, or after the effective date of this Act.
         (b)  The change in law made by this Act described by
  Subsection (a) of this section constitutes a material and
  substantial change of circumstances under Section 156.401, Family
  Code, sufficient to warrant modification of a court order or a
  portion of a decree that provides for the support of a child
  rendered before the effective date of this Act.
         SECTION 8.  The change in law made by this Act to Section
  233.021(c), Family Code, applies only to a petition for
  confirmation of a nonagreed order filed on or after the effective
  date of this Act.  A petition filed before the effective date of
  this Act is governed by the law in effect on the date the petition
  was filed, and the former law is continued in effect for that
  purpose.
         SECTION 9.  The change in law made by this Act to Section
  233.024(a), Family Code, applies only to an agreed child support
  review order filed on or after the effective date of this Act.  An
  order filed before the effective date of this Act is governed by the
  law in effect on the date the order was filed, and the former law is
  continued in effect for that purpose.
         SECTION 10.  This Act takes effect September 1, 2019.
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