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) 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)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [a] cumulative money judgments [judgment] for
  past-due child support, medical support, and dental support, as
  provided by Section 157.263, if a motion for enforcement requesting
  a [cumulative] money 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 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 [one] 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) [judgment].
         (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
  [20] days after notice unless the registered order is under Section
  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 [income to be withheld
  for] child support under a temporary or final order shall order that
  all [income ordered withheld for] child support payments [shall] be
  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 [In] a
  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.
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