Bill Text: TX HB3823 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to the accrual of interest on overdue child support.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-03-21 - Referred to Judiciary & Civil Jurisprudence [HB3823 Detail]

Download: Texas-2013-HB3823-Introduced.html

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83R10323 JSC-D
By: Carter H.B. No. 3823

A BILL TO BE ENTITLED
AN ACT
relating to the accrual of interest on overdue child support.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 157.265(a), (b), and (c), Family Code,
are amended to read as follows:
(a) Interest accrues on the portion of delinquent child
support that is greater than the amount of the monthly periodic
support obligation at the rate of seven [six] percent simple
interest per year from the date the support is delinquent until the
date the support is paid or the arrearages are confirmed and reduced
to money judgment.
(b) Interest accrues on child support arrearages that have
been confirmed and reduced to money judgment as provided in this
subchapter at the rate of seven [six] percent simple interest per
year from the date the order is rendered until the date the judgment
is paid.
(c) Interest accrues on a money judgment for retroactive or
lump-sum child support at the annual rate of seven [six] percent
simple interest from the date the order is rendered until the
judgment is paid.
SECTION 2. Sections 157.265(d), (e), and (f), Family Code,
are repealed.
SECTION 3. (a) Section 157.265(a), Family Code, as amended
by this Act, applies to a child support payment that becomes due on
or after January 1, 2014.
(b) Child support arrearages in existence on January 1,
2014, that were not confirmed and reduced to a money judgment on or
before that date accrue interest as follows:
(1) before January 1, 2002, the arrearages are subject
to the interest rate that applied to the arrearages before that
date;
(2) on or after January 1, 2002, but before January 1,
2014, the arrearages are subject to the interest rate that applied
to the arrearages immediately before the effective date of this
Act; and
(3) on or after January 1, 2014, the cumulative total
of arrearages and interest accumulated on the arrearages described
by Subdivisions (1) and (2) of this subsection is subject to Section
157.265(a), Family Code, as amended by this Act.
(c) Sections 157.265(b) and (c), Family Code, as amended by
this Act, apply only to a money judgment for child support rendered
on or after January 1, 2014. A money judgment rendered before that
date is governed by the law in effect on the date the judgment was
rendered, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2013.