| |
| |
|
|
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. |