CHAPTER 154. CHILD SUPPORT
FAMILY CODE
TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE
PARENT-CHILD RELATIONSHIP
SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
CHAPTER 154. CHILD SUPPORT
SUBCHAPTER A. COURT-ORDERED CHILD SUPPORT
Sec. 154.001. SUPPORT OF CHILD. (a) The court may order either
or both parents to support a child in the manner specified by the
order:
(1) until the child is 18 years of age or until graduation from
high school, whichever occurs later;
(2) until the child is emancipated through marriage, through
removal of the disabilities of minority by court order, or by
other operation of law;
(3) until the death of the child; or
(4) if the child is disabled as defined in this chapter, for an
indefinite period.
(a-1) The court may order each person who is financially able
and whose parental rights have been terminated with respect to a
child in substitute care for whom the department has been
appointed managing conservator to support the child in the manner
specified by the order:
(1) until the earliest of:
(A) the child's adoption;
(B) the child's 18th birthday or graduation from high school,
whichever occurs later;
(C) removal of the child's disabilities of minority by court
order, marriage, or other operation of law; or
(D) the child's death; or
(2) if the child is disabled as defined in this chapter, for an
indefinite period.
(b) The court may order either or both parents to make periodic
payments for the support of a child in a proceeding in which the
Department of Protective and Regulatory Services is named
temporary managing conservator. In a proceeding in which the
Department of Protective and Regulatory Services is named
permanent managing conservator of a child whose parents' rights
have not been terminated, the court shall order each parent that
is financially able to make periodic payments for the support of
the child.
(c) In a Title IV-D case, if neither parent has physical
possession or conservatorship of the child, the court may render
an order providing that a nonparent or agency having physical
possession may receive, hold, or disburse child support payments
for the benefit of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 39, eff.
Sept. 1, 1995; Acts 1999, 76th Leg., ch. 556, Sec. 8, eff. Sept.
1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.08(a), eff. September 1, 2005.
Sec. 154.002. CHILD SUPPORT THROUGH HIGH SCHOOL GRADUATION. (a)
The court may render an original support order, or modify an
existing order, providing child support past the 18th birthday of
the child to be paid only if the child is:
(1) enrolled:
(A) under Chapter 25, Education Code, in an accredited secondary
school in a program leading toward a high school diploma;
(B) under Section 130.008, Education Code, in courses for joint
high school and junior college credit; or
(C) on a full-time basis in a private secondary school in a
program leading toward a high school diploma; and
(2) complying with:
(A) the minimum attendance requirements of Subchapter C, Chapter
25, Education Code; or
(B) the minimum attendance requirements imposed by the school in
which the child is enrolled, if the child is enrolled in a
private secondary school.
(b) The request for a support order through high school
graduation may be filed before or after the child's 18th
birthday.
(c) The order for periodic support may provide that payments
continue through the end of the month in which the child
graduates.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1999, 76th Leg., ch. 506, Sec. 1, eff. Aug.
30, 1999; Acts 2003, 78th Leg., ch. 38, Sec. 1, eff. Sept. 1,
2003.
Sec. 154.003. MANNER OF PAYMENT. The court may order that child
support be paid by:
(1) periodic payments;
(2) a lump-sum payment;
(3) an annuity purchase;
(4) the setting aside of property to be administered for the
support of the child as specified in the order; or
(5) any combination of periodic payments, lump-sum payments,
annuity purchases, or setting aside of property.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 154.004. PLACE OF PAYMENT. (a) The court shall order the
payment of child support to the state disbursement unit as
provided by Chapter 234.
(b) In a Title IV-D case, the court or the Title IV-D agency
shall order that income withheld for child support be paid to the
state disbursement unit of this state or, if appropriate, to the
state disbursement unit of another state.
(c) This section does not apply to a child support order that:
(1) was initially rendered by a court before January 1, 1994;
and
(2) is not being enforced by the Title IV-D agency.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 9, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1247, Sec. 1, eff. Sept.
1, 2003.
Sec. 154.005. PAYMENTS OF SUPPORT OBLIGATION BY TRUST. (a) The
court may order the trustees of a spendthrift or other trust to
make disbursements for the support of a child to the extent the
trustees are required to make payments to a beneficiary who is
required to make child support payments as provided by this
chapter.
(b) If disbursement of the assets of the trust is discretionary,
the court may order child support payments from the income of the
trust but not from the principal.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 154.006. TERMINATION OF DUTY OF SUPPORT. (a) Unless
otherwise agreed in writing or expressly provided in the order or
as provided by Subsection (b), the child support order terminates
on:
(1) the marriage of the child;
(2) the removal of the child's disabilities for general
purposes;
(3) the death of the child;
(4) a finding by a court that the child:
(A) is 18 years of age or older; and
(B) has failed to comply with the enrollment or attendance
requirements described by Section 154.002(a); or
(5) if the child enlists in the armed forces of the United
States, the date on which the child begins active service as
defined by 10 U.S.C. Section 101.
(b) Unless a nonparent or agency has been appointed conservator
of the child under Chapter 153, the order for current child
support, and any provision relating to conservatorship,
possession, or access terminates on the marriage or remarriage of
the obligor and obligee to each other.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 9, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 38, Sec. 2, eff. Sept.
1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 9(a), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1404, Sec. 1, eff. September 1, 2007.
Sec. 154.007. ORDER TO WITHHOLD CHILD SUPPORT FROM INCOME. (a)
In a proceeding in which periodic payments of child support are
ordered, modified, or enforced, the court or Title IV-D agency
shall order that income be withheld from the disposable earnings
of the obligor as provided by Chapter 158.
(b) If the court does not order income withholding, an order for
support must contain a provision for income withholding to ensure
that withholding may be effected if a delinquency occurs.
(c) A child support order must be construed to contain a
withholding provision even if the provision has been omitted from
the written order.
(d) If the order was rendered or last modified before January 1,
1987, the order is presumed to contain a provision for income
withholding procedures to take effect in the event a delinquency
occurs without further amendment to the order or future action by
the court.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 10, eff.
Sept. 1, 1997.
Sec. 154.008. PROVISION FOR MEDICAL SUPPORT. The court shall
order medical support for the child as provided by Subchapters B
and D.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 3, eff.
Sept. 1, 2001.
Sec. 154.009. RETROACTIVE CHILD SUPPORT. (a) The court may
order a parent to pay retroactive child support if the parent:
(1) has not previously been ordered to pay support for the
child; and
(2) was not a party to a suit in which support was ordered.
(b) In ordering retroactive child support, the court shall apply
the child support guidelines provided by this chapter.
(c) Unless the Title IV-D agency is a party to an agreement
concerning support or purporting to settle past, present, or
future support obligations by prepayment or otherwise, an
agreement between the parties does not reduce or terminate
retroactive support that the agency may request.
(d) Notwithstanding Subsection (a), the court may order a parent
subject to a previous child support order to pay retroactive
child support if:
(1) the previous child support order terminated as a result of
the marriage or remarriage of the child's parents;
(2) the child's parents separated after the marriage or
remarriage; and
(3) a new child support order is sought after the date of the
separation.
(e) In rendering an order under Subsection (d), the court may
order retroactive child support back to the date of the
separation of the child's parents.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 4, eff.
Sept. 1, 2001.
Sec. 154.010. NO DISCRIMINATION BASED ON MARITAL STATUS OF
PARENTS OR SEX. The amount of support ordered for the benefit of
a child shall be determined without regard to:
(1) the sex of the obligor, obligee, or child; or
(2) the marital status of the parents of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 154.011. SUPPORT NOT CONDITIONED ON POSSESSION OR ACCESS.
A court may not render an order that conditions the payment of
child support on whether a managing conservator allows a
possessory conservator to have possession of or access to a
child.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 40, eff. Sept. 1,
1995.
Sec. 154.012. SUPPORT PAID IN EXCESS OF SUPPORT ORDER. (a) If
an obligor is not in arrears and the obligor's child support
obligation has terminated, the obligee shall return to the
obligor a child support payment made by the obligor that exceeds
the amount of support ordered, regardless of whether the payment
was made before, on, or after the date the child support
obligation terminated.
(b) An obligor may file a suit to recover a child support
payment under Subsection (a). If the court finds that the obligee
failed to return a child support payment under Subsection (a),
the court shall order the obligee to pay to the obligor
attorney's fees and all court costs in addition to the amount of
support paid after the date the child support order terminated.
For good cause shown, the court may waive the requirement that
the obligee pay attorney's fees and costs if the court states the
reasons supporting that finding.
Added by Acts 1999, 76th Leg., ch. 363, Sec. 1, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 5, eff.
Sept. 1, 2001.
Sec. 154.013. CONTINUATION OF DUTY TO PAY SUPPORT AFTER DEATH OF
OBLIGEE. (a) A child support obligation does not terminate on
the death of the obligee but continues as an obligation to the
child named in the support order, as required by this section.
(b) Notwithstanding any provision of the Probate Code, a child
support payment held by the Title IV-D agency, a local registry,
or the state disbursement unit or any uncashed check or warrant
representing a child support payment made before, on, or after
the date of death of the obligee shall be paid proportionately
for the benefit of each surviving child named in the support
order and not to the estate of the obligee. The payment is free
of any creditor's claim against the deceased obligee's estate and
may be disbursed as provided by Subsection (c).
(c) On the death of the obligee, current child support owed by
the obligor for the benefit of the child or any amount described
by Subsection (b) shall be paid to:
(1) a person, other than a parent, who is appointed as managing
conservator of the child;
(2) a person, including the obligor, who has assumed actual
care, control, and possession of the child, if a managing
conservator or guardian of the child has not been appointed;
(3) the county clerk, as provided by Section 887, Texas Probate
Code, in the name of and for the account of the child for whom
the support is owed;
(4) a guardian of the child appointed under Chapter XIII, Texas
Probate Code, as provided by that code; or
(5) the surviving child, if the child is an adult or has
otherwise had the disabilities of minority removed.
(d) On presentation of the obligee's death certificate, the
court shall render an order directing payment of child support
paid but not disbursed to be made as provided by Subsection (c).
A copy of the order shall be provided to:
(1) the obligor;
(2) as appropriate:
(A) the person having actual care, control, and possession of
the child;
(B) the county clerk; or
(C) the managing conservator or guardian of the child, if one
has been appointed;
(3) the local registry or state disbursement unit and, if
appropriate, the Title IV-D agency; and
(4) the child named in the support order, if the child is an
adult or has otherwise had the disabilities of minority removed.
(e) The order under Subsection (d) must contain:
(1) a statement that the obligee is deceased and that child
support amounts otherwise payable to the obligee shall be paid
for the benefit of a surviving child named in the support order
as provided by Subsection (c);
(2) the name and age of each child named in the support order;
and
(3) the name and mailing address of, as appropriate:
(A) the person having actual care, control, and possession of
the child;
(B) the county clerk; or
(C) the managing conservator or guardian of the child, if one
has been appointed.
(f) On receipt of the order required under this section, the
local registry, state disbursement unit, or Title IV-D agency
shall disburse payments as required by the order.
Added by Acts 2001, 77th Leg., ch. 1023, Sec. 6, eff. Sept. 1,
2001.
Sec. 154.014. PAYMENTS IN EXCESS OF COURT-ORDERED AMOUNT. (a)
If a child support agency or local child support registry
receives from an obligor who is not in arrears a child support
payment in an amount that exceeds the court-ordered amount, the
agency or registry, to the extent possible, shall give effect to
any expressed intent of the obligor for the application of the
amount that exceeds the court-ordered amount.
(b) If the obligor does not express an intent for the
application of the amount paid in excess of the court-ordered
amount, the agency or registry shall:
(1) credit the excess amount to the obligor's future child
support obligation; and
(2) promptly disburse the excess amount to the obligee.
(c) This section does not apply to an obligee who is a recipient
of public assistance under Chapter 31, Human Resources Code.
Added by Acts 2001, 77th Leg., ch. 1491, Sec. 2, eff. Jan. 1,
2002. Renumbered from Family Code Sec. 154.013 by Acts 2003, 78th
Leg., ch. 1275, Sec. 2(52), eff. Sept. 1, 2003.
Sec. 154.015. ACCELERATION OF UNPAID CHILD SUPPORT OBLIGATION.
(a) In this section, "estate" has the meaning assigned by
Section 3, Texas Probate Code.
(b) If the child support obligor dies before the child support
obligation terminates, the remaining unpaid balance of the child
support obligation becomes payable on the date the obligor dies.
(c) For purposes of this section, the court of continuing
jurisdiction shall determine the amount of the unpaid child
support obligation for each child of the deceased obligor. In
determining the amount of the unpaid child support obligation,
the court shall consider all relevant factors, including:
(1) the present value of the total amount of monthly periodic
child support payments that would become due between the month in
which the obligor dies and the month in which the child turns 18
years of age, based on the amount of the periodic monthly child
support payments under the child support order in effect on the
date of the obligor's death;
(2) the present value of the total amount of health insurance
premiums payable for the benefit of the child from the month in
which the obligor dies until the month in which the child turns
18 years of age, based on the cost of health insurance for the
child ordered to be paid on the date of the obligor's death;
(3) in the case of a disabled child under 18 years of age or an
adult disabled child, an amount to be determined by the court
under Section 154.306;
(4) the nature and amount of any benefit to which the child
would be entitled as a result of the obligor's death, including
life insurance proceeds, annuity payments, trust distributions,
social security death benefits, and retirement survivor benefits;
and
(5) any other financial resource available for the support of
the child.
(d) If, after considering all relevant factors, the court finds
that the child support obligation has been satisfied, the court
shall render an order terminating the child support obligation.
If the court finds that the child support obligation is not
satisfied, the court shall render a judgment in favor of the
obligee, for the benefit of the child, in the amount of the
unpaid child support obligation determined under Subsection (c).
The order must designate the obligee as constructive trustee, for
the benefit of the child, of any money received in satisfaction
of the judgment.
(e) The obligee has a claim, on behalf of the child, against the
deceased obligor's estate for the unpaid child support obligation
determined under Subsection (c). The obligee may present the
claim in the manner provided by the Texas Probate Code.
(f) If money paid to the obligee for the benefit of the child
exceeds the amount of the unpaid child support obligation
remaining at the time of the obligor's death, the obligee shall
hold the excess amount as constructive trustee for the benefit of
the deceased obligor's estate until the obligee delivers the
excess amount to the legal representative of the deceased
obligor's estate.
Added by Acts 2007, 80th Leg., R.S., Ch.
1404, Sec. 2, eff. September 1, 2007.
Sec. 154.016. PROVISION OF SUPPORT IN EVENT OF DEATH OF PARENT.
(a) The court may order a child support obligor to obtain and
maintain a life insurance policy, including a decreasing term
life insurance policy, that will establish an insurance-funded
trust or an annuity payable to the obligee for the benefit of the
child that will satisfy the support obligation under the child
support order in the event of the obligor's death.
(b) In determining the nature and extent of the obligation to
provide for the support of the child in the event of the death of
the obligor, the court shall consider all relevant factors,
including:
(1) the present value of the total amount of monthly periodic
child support payments from the date the child support order is
rendered until the month in which the child turns 18 years of
age, based on the amount of the periodic monthly child support
payment under the child support order;
(2) the present value of the total amount of health insurance
premiums payable for the benefit of the child from the date the
child support order is rendered until the month in which the
child turns 18 years of age, based on the cost of health
insurance for the child ordered to be paid; and
(3) in the case of a disabled child under 18 years of age or an
adult disabled child, an amount to be determined by the court
under Section 154.306.
(c) The court may, on its own motion or on a motion of the
obligee, require the child support obligor to provide proof
satisfactory to the court verifying compliance with the order
rendered under this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
1404, Sec. 2, eff. September 1, 2007.
SUBCHAPTER B. COMPUTING NET RESOURCES AVAILABLE FOR PAYMENT OF
CHILD SUPPORT
Sec. 154.061. COMPUTING NET MONTHLY INCOME. (a) Whenever
feasible, gross income should first be computed on an annual
basis and then should be recalculated to determine average
monthly gross income.
(b) The Title IV-D agency shall annually promulgate tax charts
to compute net monthly income, subtracting from gross income
social security taxes and federal income tax withholding for a
single person claiming one personal exemption and the standard
deduction.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 154.062. NET RESOURCES. (a) The court shall calculate net
resources for the purpose of determining child support liability
as provided by this section.
(b) Resources include:
(1) 100 percent of all wage and salary income and other
compensation for personal services (including commissions,
overtime pay, tips, and bonuses);
(2) interest, dividends, and royalty income;
(3) self-employment income;
(4) net rental income (defined as rent after deducting operating
expenses and mortgage payments, but not including noncash items
such as depreciation); and
(5) all other income actually being received, including
severance pay, retirement benefits, pensions, trust income,
annuities, capital gains, social security benefits other than
supplemental security income, unemployment benefits, disability
and workers' compensation benefits, interest income from notes
regardless of the source, gifts and prizes, spousal maintenance,
and alimony.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.
767, Sec. 4
(c) Resources do not include:
(1) return of principal or capital;
(2) accounts receivable; or
(3) benefits paid in accordance with federal public assistance
programs.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.
1118, Sec. 1
(c) Resources do not include:
(1) return of principal or capital;
(2) accounts receivable;
(3) benefits paid in accordance with the Temporary Assistance
for Needy Families program; or
(4) payments for foster care of a child.
(d) The court shall deduct the following items from resources to
determine the net resources available for child support:
(1) social security taxes;
(2) federal income tax based on the tax rate for a single person
claiming one personal exemption and the standard deduction;
(3) state income tax;
(4) union dues; and
(5) expenses for the cost of health insurance or cash medical
support for the obligor's child ordered by the court under
Section 154.182.
(e) In calculating the amount of the deduction for health care
coverage for a child under Subsection (d)(5), if the obligor has
other minor dependents covered under the same health insurance
plan, the court shall divide the total cost to the obligor for
the insurance by the total number of minor dependents, including
the child, covered under the plan.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 41, eff.
Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
363, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
620, Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 9.001, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
767, Sec. 4, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
834, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1118, Sec. 1, eff. September 1, 2009.
Sec. 154.063. PARTY TO FURNISH INFORMATION. The court shall
require a party to:
(1) furnish information sufficient to accurately identify that
party's net resources and ability to pay child support; and
(2) produce copies of income tax returns for the past two years,
a financial statement, and current pay stubs.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 154.064. MEDICAL SUPPORT FOR CHILD PRESUMPTIVELY PROVIDED
BY OBLIGOR. The guidelines for support of a child are based on
the assumption that the court will order the obligor to provide
medical support for the child in addition to the amount of child
support calculated in accordance with those guidelines.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 7, eff.
Sept. 1, 2001.
Sec. 154.065. SELF-EMPLOYMENT INCOME. (a) Income from
self-employment, whether positive or negative, includes benefits
allocated to an individual from a business or undertaking in the
form of a proprietorship, partnership, joint venture, close
corporation, agency, or independent contractor, less ordinary and
necessary expenses required to produce that income.
(b) In its discretion, the court may exclude from
self-employment income amounts allowable under federal income tax
law as depreciation, tax credits, or any other business expenses
shown by the evidence to be inappropriate in making the
determination of income available for the purpose of calculating
child support.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 154.066. INTENTIONAL UNEMPLOYMENT OR UNDEREMPLOYMENT. If
the actual income of the obligor is significantly less than what
the obligor could earn because of intentional unemployment or
underemployment, the court may apply the support guidelines to
the earning potential of the obligor.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 154.067. DEEMED INCOME. (a) When appropriate, in order to
determine the net resources available for child support, the
court may assign a reasonable amount of deemed income
attributable to assets that do not currently produce income. The
court shall also consider whether certain property that is not
producing income can be liquidated without an unreasonable
financial sacrifice because of cyclical or other market
conditions. If there is no effective market for the property, the
carrying costs of such an investment, including property taxes
and note payments, shall be offset against the income attributed
to the property.
(b) The court may assign a reasonable amount of deemed income to
income-producing assets that a party has voluntarily transferred
or on which earnings have intentionally been reduced.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 154.068. WAGE AND SALARY PRESUMPTION. In the absence of
evidence of the wage and salary income of a party, the court
shall presume that the party has wages or salary equal to the
federal minimum wage for a 40-hour week.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 154.069. NET RESOURCES OF SPOUSE. (a) The court may not
add any portion of the net resources of a spouse to the net
resources of an obligor or obligee in order to calculate the
amount of child support to be ordered.
(b) The court may not subtract the needs of a spouse, or of a
dependent of a spouse, from the net resources of the obligor or
obligee.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 154.070. CHILD SUPPORT RECEIVED BY OBLIGOR. In a situation
involving multiple households due child support, child support
received by an obligor shall be added to the obligor's net
resources to compute the net resources before determining the
child support credit or applying the percentages in the multiple
household table in this chapter.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
SUBCHAPTER C. CHILD SUPPORT GUIDELINES
Sec. 154.121. GUIDELINES FOR THE SUPPORT OF A CHILD. The child
support guidelines in this subchapter are intended to guide the
court in determining an equitable amount of child support.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 154.122. APPLICATION OF GUIDELINES REBUTTABLY PRESUMED IN
BEST INTEREST OF CHILD. (a) The amount of a periodic child
support payment established by the child support guidelines in
effect in this state at the time of the hearing is presumed to be
reasonable, and an order of support conforming to the guidelines
is presumed to be in the best interest of the child.
(b) A court may determine that the application of the guidelines
would be unjust or inappropriate under the circumstances.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 154.123. ADDITIONAL FACTORS FOR COURT TO CONSIDER. (a)
The court may order periodic child support payments in an amount
other than that established by the guidelines if the evidence
rebuts the presumption that application of the guidelines is in
the best interest of the child and justifies a variance from the
guidelines.
(b) In determining whether application of the guidelines would
be unjust or inappropriate under the circumstances, the court
shall consider evidence of all relevant factors, including:
(1) the age and needs of the child;
(2) the ability of the parents to contribute to the support of
the child;
(3) any financial resources available for the support of the
child;
(4) the amount of time of possession of and access to a child;
(5) the amount of the obligee's net resources, including the
earning potential of the obligee if the actual income of the
obligee is significantly less than what the obligee could earn
because the obligee is intentionally unemployed or underemployed
and including an increase or decrease in the income of the
obligee or income that may be attributed to the property and
assets of the obligee;
(6) child care expenses incurred by either party in order to
maintain gainful employment;
(7) whether either party has the managing conservatorship or
actual physical custody of another child;
(8) the amount of alimony or spousal maintenance actually and
currently being paid or received by a party;
(9) the expenses for a son or daughter for education beyond
secondary school;
(10) whether the obligor or obligee has an automobile, housing,
or other benefits furnished by his or her employer, another
person, or a business entity;
(11) the amount of other deductions from the wage or salary
income and from other compensation for personal services of the
parties;
(12) provision for health care insurance and payment of
uninsured medical expenses;
(13) special or extraordinary educational, health care, or other
expenses of the parties or of the child;
(14) the cost of travel in order to exercise possession of and
access to a child;
(15) positive or negative cash flow from any real and personal
property and assets, including a business and investments;
(16) debts or debt service assumed by either party; and
(17) any other reason consistent with the best interest of the
child, taking into consideration the circumstances of the
parents.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 154.124. AGREEMENT CONCERNING SUPPORT. (a) To promote the
amicable settlement of disputes between the parties to a suit,
the parties may enter into a written agreement containing
provisions for support of the child and for modification of the
agreement, including variations from the child support guidelines
provided by Subchapter C.
(b) If the court finds that the agreement is in the child's best
interest, the court shall render an order in accordance with the
agreement.
(c) Terms of the agreement pertaining to child support in the
order may be enforced by all remedies available for enforcement
of a judgment, including contempt, but are not enforceable as a
contract.
(d) If the court finds the agreement is not in the child's best
interest, the court may request the parties to submit a revised
agreement or the court may render an order for the support of the
child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 2003, 78th Leg., ch. 480, Sec. 1, eff.
Sept. 1, 2003.
Sec. 154.125. APPLICATION OF GUIDELINES TO NET RESOURCES. (a)
The guidelines for the support of a child in this section are
specifically designed to apply to situations in which the
obligor's monthly net resources are not greater than $7,500 or
the adjusted amount determined under Subsection (a-1), whichever
is greater.
(a-1) The dollar amount prescribed by Subsection (a) is adjusted
every six years as necessary to reflect inflation. The Title
IV-D agency shall compute the adjusted amount, to take effect
beginning September 1 of the year of the adjustment, based on the
percentage change in the consumer price index during the 72-month
period preceding March 1 of the year of the adjustment, as
rounded to the nearest $50 increment. The Title IV-D agency
shall publish the adjusted amount in the Texas Register before
September 1 of the year in which the adjustment takes effect.
For purposes of this subsection, "consumer price index" has the
meaning assigned by Section 341.201, Finance Code.
(a-2) The initial adjustment required by Subsection (a-1) shall
take effect September 1, 2013. This subsection expires September
1, 2014.
(b) If the obligor's monthly net resources are not greater than
the amount provided by Subsection (a), the court shall
presumptively apply the following schedule in rendering the child
support order:
CHILD SUPPORT GUIDELINES
BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
1 child 20% of Obligor's Net Resources
2 children 25% of Obligor's Net Resources
3 children 30% of Obligor's Net Resources
4 children 35% of Obligor's Net Resources
5 children 40% of Obligor's Net Resources
6+ children Not less than the amount for 5 children
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
620, Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
767, Sec. 5, eff. June 19, 2009.
Sec. 154.126. APPLICATION OF GUIDELINES TO ADDITIONAL NET
RESOURCES. (a) If the obligor's net resources exceed the amount
provided by Section 154.125(a), the court shall presumptively
apply the percentage guidelines to the portion of the obligor's
net resources that does not exceed that amount. Without further
reference to the percentage recommended by these guidelines, the
court may order additional amounts of child support as
appropriate, depending on the income of the parties and the
proven needs of the child.
(b) The proper calculation of a child support order that exceeds
the presumptive amount established for the portion of the
obligor's net resources provided by Section 154.125(a) requires
that the entire amount of the presumptive award be subtracted
from the proven total needs of the child. After the presumptive
award is subtracted, the court shall allocate between the parties
the responsibility to meet the additional needs of the child
according to the circumstances of the parties. However, in no
event may the obligor be required to pay more child support than
the greater of the presumptive amount or the amount equal to 100
percent of the proven needs of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
620, Sec. 3, eff. September 1, 2007.
Sec. 154.127. PARTIAL TERMINATION OF SUPPORT OBLIGATION. (a) A
child support order for more than one child shall provide that,
on the termination of support for a child, the level of support
for the remaining child or children is in accordance with the
child support guidelines.
(b) A child support order is in compliance with the requirement
imposed by Subsection (a) if the order contains a provision that
specifies:
(1) the events, including a child reaching the age of 18 years
or otherwise having the disabilities of minority removed, that
have the effect of terminating the obligor's obligation to pay
child support for that child; and
(2) the reduced total amount that the obligor is required to pay
each month after the occurrence of an event described by
Subdivision (1).
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 10, eff. September 1, 2007.
Sec. 154.128. COMPUTING SUPPORT FOR CHILDREN IN MORE THAN ONE
HOUSEHOLD. (a) In applying the child support guidelines for an
obligor who has children in more than one household, the court
shall apply the percentage guidelines in this subchapter by
making the following computation:
(1) determine the amount of child support that would be ordered
if all children whom the obligor has the legal duty to support
lived in one household by applying the schedule in this
subchapter;
(2) compute a child support credit for the obligor's children
who are not before the court by dividing the amount determined
under Subdivision (1) by the total number of children whom the
obligor is obligated to support and multiplying that number by
the number of the obligor's children who are not before the
court;
(3) determine the adjusted net resources of the obligor by
subtracting the child support credit computed under Subdivision
(2) from the net resources of the obligor; and
(4) determine the child support amount for the children before
the court by applying the percentage guidelines for one household
for the number of children of the obligor before the court to the
obligor's adjusted net resources.
(b) For the purpose of determining a child support credit, the
total number of an obligor's children includes the children
before the court for the establishment or modification of a
support order and any other children, including children residing
with the obligor, whom the obligor has the legal duty of support.
(c) The child support credit with respect to children for whom
the obligor is obligated by an order to pay support is computed,
regardless of whether the obligor is delinquent in child support
payments, without regard to the amount of the order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 154.129. ALTERNATIVE METHOD OF COMPUTING SUPPORT FOR
CHILDREN IN MORE THAN ONE HOUSEHOLD. In lieu of performing the
computation under the preceding section, the court may determine
the child support amount for the children before the court by
applying the percentages in the table below to the obligor's net
resources:
MULTIPLE FAMILY ADJUSTED GUIDELINES
(% OF NET RESOURCES)
Number of children before the court
1
2
3
4
5
6
7
Number of
0
20.00
25.00
30.00
35.00
40.00
40.00
40.00
other
1
17.50
22.50
27.38
32.20
37.33
37.71
38.00
children for
2
16.00
20.63
25.20
30.33
35.43
36.00
36.44
whom the
3
14.75
19.00
24.00
29.00
34.00
34.67
35.20
obligor
4
13.60
18.33
23.14
28.00
32.89
33.60
34.18
has a
5
13.33
17.86
22.50
27.22
32.00
32.73
33.33
duty of
6
13.14
17.50
22.00
26.60
31.27
32.00
32.62
support
7
13.00
17.22
21.60
26.09
30.67
31.38
32.00
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 154.130. FINDINGS IN CHILD SUPPORT ORDER. (a) Without
regard to Rules 296 through 299, Texas Rules of Civil Procedure,
in rendering an order of child support, the court shall make the
findings required by Subsection (b) if:
(1) a party files a written request with the court not later
than 10 days after the date of the hearing;
(2) a party makes an oral request in open court during the
hearing; or
(3) the amount of child support ordered by the court varies from
the amount computed by applying the percentage guidelines under
Section 154.125 or 154.129, as applicable.
(a-1) If findings under this section are required as a result of
the request by a party under Subsection (a)(1) or (2), the court
shall make and enter the findings not later than the 15th day
after the date of the party's request.
(b) If findings are required by this section, the court shall
state whether the application of the guidelines would be unjust
or inappropriate and shall state the following in the child
support order:
"(1) the net resources of the obligor per month are $______;
"(2) the net resources of the obligee per month are $______;
"(3) the percentage applied to the obligor's net resources for
child support is ______%; and
"(4) if applicable, the specific reasons that the amount of
child support per month ordered by the court varies from the
amount computed by applying the percentage guidelines under
Section 154.125 or 154.129, as applicable."
(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 767, Sec. 37,
eff. June 19, 2009.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 8, eff.
Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
620, Sec. 4, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
767, Sec. 6, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
767, Sec. 37, eff. June 19, 2009.
Sec. 154.131. RETROACTIVE CHILD SUPPORT. (a) The child support
guidelines are intended to guide the court in determining the
amount of retroactive child support, if any, to be ordered.
(b) In ordering retroactive child support, the court shall
consider the net resources of the obligor during the relevant
time period and whether:
(1) the mother of the child had made any previous attempts to
notify the obligor of his paternity or probable paternity;
(2) the obligor had knowledge of his paternity or probable
paternity;
(3) the order of retroactive child support will impose an undue
financial hardship on the obligor or the obligor's family; and
(4) the obligor has provided actual support or other necessaries
before the filing of the action.
(c) It is presumed that a court order limiting the amount of
retroactive child support to an amount that does not exceed the
total amount of support that would have been due for the four
years preceding the date the petition seeking support was filed
is reasonable and in the best interest of the child.
(d) The presumption created under this section may be rebutted
by evidence that the obligor:
(1) knew or should have known that the obligor was the father of
the child for whom support is sought; and
(2) sought to avoid the establishment of a support obligation to
the child.
(e) An order under this section limiting the amount of
retroactive support does not constitute a variance from the
guidelines requiring the court to make specific findings under
Section 154.130.
(f) Notwithstanding any other provision of this subtitle, the
court retains jurisdiction to render an order for retroactive
child support in a suit if a petition requesting retroactive
child support is filed not later than the fourth anniversary of
the date of the child's 18th birthday.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 2001, 77th Leg., ch. 392, Sec. 1, eff.
Sept. 1, 2001; Acts 2001, 77th Leg., ch. 821, Sec. 2.14, eff.
June 14, 2001; Acts 2001, 77th Leg., ch. 1023, Sec. 9, eff; Sept.
1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 11(a), eff. September 1, 2007.
Sec. 154.132. APPLICATION OF GUIDELINES TO CHILDREN OF CERTAIN
DISABLED OBLIGORS. In applying the child support guidelines for
an obligor who has a disability and who is required to pay
support for a child who receives benefits as a result of the
obligor's disability, the court shall apply the guidelines by
determining the amount of child support that would be ordered
under the child support guidelines and subtracting from that
total the amount of benefits or the value of the benefits paid to
or for the child as a result of the obligor's disability.
Added by Acts 1999, 76th Leg., ch. 891, Sec. 1, eff. Sept. 1,
1999.
Sec. 154.133. APPLICATION OF GUIDELINES TO CHILDREN OF OBLIGORS
RECEIVING SOCIAL SECURITY. In applying the child support
guidelines for an obligor who is receiving social security old
age benefits and who is required to pay support for a child who
receives benefits as a result of the obligor's receipt of social
security old age benefits, the court shall apply the guidelines
by determining the amount of child support that would be ordered
under the child support guidelines and subtracting from that
total the amount of benefits or the value of the benefits paid to
or for the child as a result of the obligor's receipt of social
security old age benefits.
Added by Acts 2001, 77th Leg., ch. 544, Sec. 1, eff. Sept. 1,
2001.
SUBCHAPTER D. MEDICAL SUPPORT FOR CHILD
Sec. 154.181. MEDICAL SUPPORT ORDER. (a) The court shall
render an order for the medical support of the child as provided
by this section and Section 154.182 in:
(1) a proceeding in which periodic payments of child support are
ordered under this chapter or modified under Chapter 156;
(2) any other suit affecting the parent-child relationship in
which the court determines that medical support of the child must
be established, modified, or clarified; or
(3) a proceeding under Chapter 159.
(b) Before a hearing on temporary orders or a final order, if no
hearing on temporary orders is held, the court shall require the
parties to the proceedings to disclose in a pleading or other
statement:
(1) if private health insurance is in effect for the child, the
identity of the insurance company providing the coverage, the
policy number, which parent is responsible for payment of any
insurance premium for the coverage, whether the coverage is
provided through a parent's employment, and the cost of the
premium; or
(2) if private health insurance is not in effect for the child,
whether:
(A) the child is receiving medical assistance under Chapter 32,
Human Resources Code;
(B) the child is receiving health benefits coverage under the
state child health plan under Chapter 62, Health and Safety Code,
and the cost of any premium; and
(C) either parent has access to private health insurance at
reasonable cost to the obligor.
(c) In rendering temporary orders, the court shall, except for
good cause shown, order that any health insurance coverage in
effect for the child continue in effect pending the rendition of
a final order, except that the court may not require the
continuation of any health insurance that is not available to the
parent at reasonable cost to the obligor. If there is no health
insurance coverage in effect for the child or if the insurance in
effect is not available at a reasonable cost to the obligor, the
court shall, except for good cause shown, order health care
coverage for the child as provided under Section 154.182.
(d) On rendering a final order the court shall:
(1) make specific findings with respect to the manner in which
health care coverage is to be provided for the child, in
accordance with the priorities identified under Section 154.182;
and
(2) except for good cause shown or on agreement of the parties,
require the parent ordered to provide health care coverage for
the child as provided under Section 154.182 to produce evidence
to the court's satisfaction that the parent has applied for or
secured health insurance or has otherwise taken necessary action
to provide for health care coverage for the child, as ordered by
the court.
(e) In this section, "reasonable cost" means the cost of health
insurance coverage for a child that does not exceed nine percent
of the obligor's annual resources, as described by Section
154.062(b), if the obligor is responsible under a medical support
order for the cost of health insurance coverage for only one
child. If the obligor is responsible under a medical support
order for the cost of health insurance coverage for more than one
child, "reasonable cost" means the total cost of health insurance
coverage for all children for which the obligor is responsible
under a medical support order that does not exceed nine percent
of the obligor's annual resources, as described by Section
154.062(b).
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 2001, 77th Leg., ch. 449, Sec. 1, eff. June
5, 2001; Acts 2003, 78th Leg., ch. 610, Sec. 1, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
363, Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
767, Sec. 7, eff. June 19, 2009.
Sec. 154.182. HEALTH CARE COVERAGE FOR CHILD. (a) The court
shall consider the cost, accessibility, and quality of health
insurance coverage available to the parties and shall give
priority to health insurance coverage available through the
employment of one of the parties if the coverage is available at
a reasonable cost to the obligor.
(b) In determining the manner in which health care coverage for
the child is to be ordered, the court shall render its order in
accordance with the following priorities, unless a party shows
good cause why a particular order would not be in the best
interest of the child:
(1) if health insurance is available for the child through a
parent's employment or membership in a union, trade association,
or other organization at reasonable cost, the court shall order
that parent to include the child in the parent's health
insurance;
(2) if health insurance is not available for the child under
Subdivision (1) but is available to a parent at reasonable cost
from another source, including the program under Section 154.1826
to provide health insurance in Title IV-D cases, the court may
order that parent to provide health insurance for the child; or
(3) if health insurance coverage is not available for the child
under Subdivision (1) or (2), the court shall order the obligor
to pay the obligee, in addition to any amount ordered under the
guidelines for child support, an amount, not to exceed nine
percent of the obligor's annual resources, as described by
Section 154.062(b), as cash medical support for the child.
(b-1) If the parent ordered to provide health insurance under
Subsection (b)(1) or (2) is the obligee, the court shall order
the obligor to pay the obligee, as additional child support, an
amount equal to the actual cost of health insurance for the
child, but not to exceed a reasonable cost to the obligor. In
calculating the actual cost of health insurance for the child, if
the obligee has other minor dependents covered under the same
health insurance plan, the court shall divide the total cost to
the obligee for the insurance by the total number of minor
dependents, including the child covered under the plan.
(b-2) If the court finds that neither parent has access to
private health insurance at a reasonable cost to the obligor, the
court shall order the parent awarded the exclusive right to
designate the child's primary residence or, to the extent
permitted by law, the other parent to apply immediately on behalf
of the child for participation in a government medical assistance
program or health plan. If the child participates in a
government medical assistance program or health plan, the court
shall order cash medical support under Subsection (b)(3).
(b-3) An order requiring the payment of cash medical support
under Subsection (b)(3) must allow the obligor to discontinue
payment of the cash medical support if:
(1) health insurance for the child becomes available to the
obligor at a reasonable cost; and
(2) the obligor:
(A) enrolls the child in the insurance plan; and
(B) provides the obligee and, in a Title IV-D case, the Title
IV-D agency, the information required under Section 154.185.
(c) In this section:
(1) "Accessibility" means the extent to which health insurance
coverage for a child provides for the availability of medical
care within a reasonable traveling distance and time from the
child's primary residence, as determined by the court.
(2) "Reasonable cost" has the meaning assigned by Section
154.181(e).
(d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 767, Sec. 37,
eff. June 19, 2009.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 550, Sec. 2, eff. June
2, 1997; Acts 2001, 77th Leg., ch. 449, Sec. 2, eff. June 5,
2001; Acts 2003, 78th Leg., ch. 610, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
363, Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
363, Sec. 4, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
620, Sec. 5, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
767, Sec. 8, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
767, Sec. 8, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
767, Sec. 37, eff. June 19, 2009.
Sec. 154.1826. HEALTH CARE PROGRAM FOR CERTAIN CHILDREN IN TITLE
IV-D CASES. (a) In this section:
(1) "Health benefit plan issuer" means an insurer, health
maintenance organization, or other entity authorized to provide
health benefits coverage under the laws of this state.
(2) "Health care provider" means a physician or other person who
is licensed, certified, or otherwise authorized to provide a
health care service in this state.
(3) "Program" means the child health care program developed
under this section.
(4) "Reasonable cost" has the meaning assigned by Section
154.181(e).
(5) "Third-party administrator" means a person who is not a
health benefit plan issuer or agent of a health benefit plan
issuer and who provides administrative services for the program,
including processing enrollment of eligible children in the
program and processing premium payments on behalf of the program.
(b) In consultation with the Texas Department of Insurance, the
Health and Human Services Commission, and representatives of the
insurance industry in this state, the Title IV-D agency shall
develop and implement a statewide program to address the health
care needs of children in Title IV-D cases for whom health
insurance is not available to either parent at reasonable cost
under Section 154.182(b)(1) or under Section 154.182(b)(2) from a
source other than the program.
(c) The director of the Title IV-D agency may establish an
advisory committee to consult with the director regarding the
implementation and operation of the program. If the director
establishes an advisory committee, the director may appoint any
of the following persons to the advisory committee:
(1) representatives of appropriate public and private entities,
including state agencies concerned with health care management;
(2) members of the judiciary;
(3) members of the legislature; and
(4) representatives of the insurance industry.
(d) The principal objective of the program is to provide basic
health care services, including office visits with health care
providers, hospitalization, and diagnostic and emergency
services, to eligible children in Title IV-D cases at reasonable
cost to the parents obligated by court order to provide medical
support for the children.
(e) The Title IV-D agency may use available private resources,
including gifts and grants, in administering the program.
(f) The Title IV-D agency shall adopt rules as necessary to
implement the program. The Title IV-D agency shall consult with
the Texas Department of Insurance and the Health and Human
Services Commission in establishing policies and procedures for
the administration of the program and in determining appropriate
benefits to be provided under the program.
(g) A health benefit plan issuer that participates in the
program may not deny health care coverage under the program to
eligible children because of preexisting conditions or chronic
illnesses. A child who is determined to be eligible for coverage
under the program continues to be eligible until the termination
of the parent's duty to pay child support as specified by Section
154.006. Enrollment of a child in the program does not preclude
the subsequent enrollment of the child in another health care
plan that becomes available to the child's parent at reasonable
cost, including a health care plan available through the parent's
employment or the state child health plan under Chapter 62,
Health and Safety Code.
(h) The Title IV-D agency shall contract with an independent
third-party administrator to provide necessary administrative
services for operation of the program.
(i) A person acting as a third-party administrator under
Subsection (h) is not considered an administrator for purposes of
Chapter 4151, Insurance Code.
(j) The Title IV-D agency shall solicit applications for
participation in the program from health benefit plan issuers
that meet requirements specified by the agency. Each health
benefit plan issuer that participates in the program must hold a
certificate of authority issued by the Texas Department of
Insurance.
(k) The Title IV-D agency shall promptly notify the courts of
this state when the program has been implemented and is available
to provide for the health care needs of children described by
Subsection (b). The notification must specify a date beginning
on which children may be enrolled in the program.
(l) On or after the date specified in the notification required
by Subsection (k), a court that orders health care coverage for a
child in a Title IV-D case shall order that the child be enrolled
in the program authorized by this section unless other health
insurance is available for the child at reasonable cost,
including the state child health plan under Chapter 62, Health
and Safety Code.
(m) Payment of premium costs for the enrollment of a child in
the program may be enforced by the Title IV-D agency against the
obligor by any means available for the enforcement of a child
support obligation, including income withholding under Chapter
158.
(n) The program is not subject to any provision of the Insurance
Code or other law that requires coverage or the offer of coverage
of a health care service or benefit.
(o) Any health information obtained by the program, or by a
third-party administrator providing program services, that is
subject to the Health Insurance Portability and Accountability
Act of 1996 (42 U.S.C. Section 1320d et seq.) or Chapter 181,
Health and Safety Code, is confidential and not open to public
inspection. Any personally identifiable financial information or
supporting documentation of a parent whose child is enrolled in
the program that is obtained by the program, or by a third-party
administrator providing program services, is confidential and not
open to public inspection.<