CHAPTER 157. ENFORCEMENT
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 157. ENFORCEMENT
SUBCHAPTER A. PLEADINGS AND DEFENSES
Sec. 157.001. MOTION FOR ENFORCEMENT. (a) A motion for
enforcement as provided in this chapter may be filed to enforce a
final order for conservatorship, child support, possession of or
access to a child, or other provisions of a final order.
(b) The court may enforce by contempt a final order for
possession of and access to a child as provided in this chapter.
(c) The court may enforce a final order for child support as
provided in this chapter or Chapter 158.
(d) A motion for enforcement shall be filed in the court of
continuing, exclusive jurisdiction.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.002. CONTENTS OF MOTION. (a) A motion for enforcement
must, in ordinary and concise language:
(1) identify the provision of the order allegedly violated and
sought to be enforced;
(2) state the manner of the respondent's alleged noncompliance;
(3) state the relief requested by the movant; and
(4) contain the signature of the movant or the movant's
attorney.
(b) A motion for enforcement of child support:
(1) must include the amount owed as provided in the order, the
amount paid, and the amount of arrearages;
(2) if contempt is requested, must include the portion of the
order allegedly violated and, for each date of alleged contempt,
the amount due and the amount paid, if any;
(3) may include as an attachment a copy of a record of child
support payments maintained by the Title IV-D registry or a local
registry; and
(4) if the obligor owes arrearages for a child receiving
assistance under Part A of Title IV of the federal Social
Security Act (42 U.S.C. Section 601 et seq.), may include a
request that:
(A) the obligor pay the arrearages in accordance with a plan
approved by the court; or
(B) if the obligor is already subject to a plan and is not
incapacitated, the obligor participate in work activities, as
defined under 42 U.S.C. Section 607(d), that the court determines
appropriate.
(c) A motion for enforcement of the terms and conditions of
conservatorship or possession of or access to a child must
include the date, place, and, if applicable, the time of each
occasion of the respondent's failure to comply with the order.
(d) The movant is not required to plead that the underlying
order is enforceable by contempt to obtain other appropriate
enforcement remedies.
(e) The movant may allege repeated past violations of the order
and that future violations of a similar nature may occur before
the date of the hearing.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 17, eff.
Sept. 1, 1997.
Sec. 157.003. JOINDER OF CLAIMS AND REMEDIES; NO ELECTION OF
REMEDIES. (a) A party requesting enforcement may join in the
same proceeding any claim and remedy provided for in this
chapter, other provisions of this title, or other rules of law.
(b) A motion for enforcement does not constitute an election of
remedies that limits or precludes:
(1) the use of any other civil or criminal proceeding to enforce
a final order; or
(2) a suit for damages under Chapter 42.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.24, eff.
Sept. 1, 1999.
Sec. 157.004. TIME LIMITATIONS; ENFORCEMENT OF POSSESSION. The
court retains jurisdiction to render a contempt order for failure
to comply with the order of possession and access if the motion
for enforcement is filed not later than the sixth month after the
date:
(1) the child becomes an adult; or
(2) on which the right of possession and access terminates under
the order or by operation of law.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.005. TIME LIMITATIONS; ENFORCEMENT OF CHILD SUPPORT.
(a) The court retains jurisdiction to render a contempt order
for failure to comply with the child support order if the motion
for enforcement is filed not later than the second anniversary of
the date:
(1) the child becomes an adult; or
(2) on which the child support obligation terminates under the
order or by operation of law.
(b) The court retains jurisdiction to confirm the total amount
of child support arrearages and render a cumulative money
judgment for past-due child 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.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 15, eff.
Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
916, Sec. 21, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 17, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
767, Sec. 13, eff. June 19, 2009.
Sec. 157.006. AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT.
(a) The issue of the existence of an affirmative defense to a
motion for enforcement does not arise unless evidence is admitted
supporting the defense.
(b) The respondent must prove the affirmative defense by a
preponderance of the evidence.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.007. AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT OF
POSSESSION OR ACCESS. (a) The respondent may plead as an
affirmative defense to contempt for failure to comply with an
order for possession or access to a child that the movant
voluntarily relinquished actual possession and control of the
child.
(b) The voluntary relinquishment must have been for the time
encompassed by the court-ordered periods during which the
respondent is alleged to have interfered.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.008. AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT OF
CHILD SUPPORT. (a) An obligor may plead as an affirmative
defense in whole or in part to a motion for enforcement of child
support that the obligee voluntarily relinquished to the obligor
actual possession and control of a child.
(b) The voluntary relinquishment must have been for a time
period in excess of any court-ordered periods of possession of
and access to the child and actual support must have been
supplied by the obligor.
(c) An obligor may plead as an affirmative defense to an
allegation of contempt or of the violation of a condition of
community service requiring payment of child support that the
obligor:
(1) lacked the ability to provide support in the amount ordered;
(2) lacked property that could be sold, mortgaged, or otherwise
pledged to raise the funds needed;
(3) attempted unsuccessfully to borrow the funds needed; and
(4) knew of no source from which the money could have been
borrowed or legally obtained.
(d) An obligor who has provided actual support to the child
during a time subject to an affirmative defense under this
section may request reimbursement for that support as a
counterclaim or offset against the claim of the obligee.
(e) An action against the obligee for support supplied to a
child is limited to the amount of periodic payments previously
ordered by the court.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.009. CREDIT FOR PAYMENT OF DISABILITY BENEFITS. In
addition to any other credit or offset available to an obligor
under this title, if a child for whom the obligor owes child
support receives a lump-sum payment as a result of the obligor's
disability and that payment is made to the obligee as the
representative payee of the child, the obligor is entitled to a
credit. The credit under this section is equal to the amount of
the lump-sum payment and shall be applied to any child support
arrearage and interest owed by the obligor on behalf of that
child at the time the payment is made.
Added by Acts 2009, 81st Leg., R.S., Ch.
538, Sec. 1, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
767, Sec. 14, eff. June 19, 2009.
SUBCHAPTER B. PROCEDURE
Sec. 157.061. SETTING HEARING. (a) On filing a motion for
enforcement requesting contempt, the court shall set the date,
time, and place of the hearing and order the respondent to
personally appear and respond to the motion.
(b) If the motion for enforcement does not request contempt, the
court shall set the motion for hearing on the request of a party.
(c) The court shall give preference to a motion for enforcement
of child support in setting a hearing date and may not delay the
hearing because a suit for modification of the order requested to
be enforced has been or may be filed.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.062. NOTICE OF HEARING. (a) The notice of hearing
must include the date, time, and place of the hearing.
(b) The notice of hearing need not repeat the allegations
contained in the motion for enforcement.
(c) Notice of hearing on a motion for enforcement of an existing
order providing for child support or possession of or access to a
child shall be given to the respondent by personal service of a
copy of the motion and notice not later than the 10th day before
the date of the hearing.
(d) If a motion for enforcement is joined with another claim:
(1) the hearing may not be held before 10 a.m. on the first
Monday after the 20th day after the date of service; and
(2) the provisions of the Texas Rules of Civil Procedure
applicable to the filing of an original lawsuit apply.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 49, eff.
Sept. 1, 1995.
Sec. 157.063. APPEARANCE. A party makes a general appearance
for all purposes in an enforcement proceeding if:
(1) the party appears at the hearing or is present when the case
is called; and
(2) the party does not object to the court's jurisdiction or the
form or manner of the notice of hearing.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.064. SPECIAL EXCEPTION. (a) If a respondent specially
excepts to the motion for enforcement or moves to strike, the
court shall rule on the exception or the motion to strike before
it hears the motion for enforcement.
(b) If an exception is sustained, the court shall give the
movant an opportunity to replead and continue the hearing to a
designated date and time without the requirement of additional
service.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.065. NOTICE OF HEARING, FIRST CLASS MAIL. (a) If a
party has been ordered under Chapter 105 to provide the court and
the state case registry with the party's current mailing address,
notice of a hearing on a motion for enforcement may be served by
mailing a copy of the notice to the respondent, together with a
copy of the motion, by first class mail to the last mailing
address of the respondent on file with the court and the
registry.
(b) The notice may be sent by the clerk of the court, the
movant's attorney, or any person entitled to the address
information as provided in Chapter 105.
(c) A person who sends the notice shall file of record a
certificate of service showing the date of mailing and the name
of the person who sent the notice.
(d) Repealed by Acts 1997, 75th Leg., ch. 911, Sec. 97(a), eff.
Sept. 1, 1997.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 18, 97(a),
eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 18, eff. September 1, 2007.
Sec. 157.066. FAILURE TO APPEAR. If a respondent who has been
personally served with notice to appear at a hearing does not
appear at the designated time, place, and date to respond to a
motion for enforcement of an existing court order, regardless of
whether the motion is joined with other claims or remedies, the
court may not hold the respondent in contempt but may, on proper
proof, grant a default judgment for the relief sought and issue a
capias for the arrest of the respondent.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 50, eff.
Sept. 1, 1995.
SUBCHAPTER C. FAILURE TO APPEAR; BOND OR SECURITY
Sec. 157.101. BOND OR SECURITY FOR RELEASE OF RESPONDENT. (a)
When the court orders the issuance of a capias as provided in
this chapter, the court shall also set an appearance bond or
security, payable to the obligee or to a person designated by the
court, in a reasonable amount.
(b) An appearance bond or security in the amount of $1,000 or a
cash bond in the amount of $250 is presumed to be reasonable.
Evidence that the respondent has attempted to evade service of
process, has previously been found guilty of contempt, or has
accrued arrearages over $1,000 is sufficient to rebut the
presumption. If the presumption is rebutted, the court shall set
a reasonable bond.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.102. CAPIAS OR WARRANT; DUTY OF LAW ENFORCEMENT
OFFICIALS. Law enforcement officials shall treat a capias or
arrest warrant ordered under this chapter in the same manner as
an arrest warrant for a criminal offense and shall enter the
capias or warrant in the computer records for outstanding
warrants maintained by the local police, sheriff, and Department
of Public Safety. The capias or warrant shall be forwarded to
and disseminated by the Texas Crime Information Center and the
National Crime Information Center.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 702, Sec. 3, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 16, eff. Sept.
1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 19, eff. September 1, 2007.
Sec. 157.103. CAPIAS FEES. (a) The fee for issuing a capias as
provided in this chapter is the same as the fee for issuance of a
writ of attachment.
(b) The fee for serving a capias is the same as the fee for
service of a writ in civil cases generally.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.104. CONDITIONAL RELEASE. If the respondent is taken
into custody and released on bond, the court shall condition the
bond on the respondent's promise to appear in court for a hearing
as required by the court without the necessity of further
personal service of notice on the respondent.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.105. RELEASE HEARING. (a) If the respondent is taken
into custody and not released on bond, the respondent shall be
brought before the court that issued the capias on or before the
third working day after the arrest. The court shall determine
whether the respondent's appearance in court at a designated time
and place can be assured by a method other than by posting the
bond or security previously established.
(b) If the respondent is released without posting bond or
security, the court shall set a hearing on the alleged contempt
at a designated date, time, and place and give the respondent
notice of hearing in open court. No other notice to the
respondent is required.
(c) If the court is not satisfied that the respondent's
appearance in court can be assured and the respondent remains in
custody, a hearing on the alleged contempt shall be held as soon
as practicable, but not later than the seventh day after the date
that the respondent was taken into custody, unless the respondent
and the respondent's attorney waive the accelerated hearing.
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. 21, eff. September 1, 2007.
Sec. 157.106. CASH BOND AS SUPPORT. (a) If the respondent has
posted a cash bond and is found to be in arrears in the payment
of court-ordered child support, the court shall order that the
proceeds of the cash bond be paid to the child support obligee or
to a person designated by the court, not to exceed the amount of
child support arrearages determined to exist.
(b) This section applies without regard to whether the
respondent appears at the hearing.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.107. APPEARANCE BOND OR SECURITY OTHER THAN CASH BOND
AS SUPPORT. (a) If the respondent fails to appear at the
hearing as directed, the court shall order that the appearance
bond or security be forfeited and that the proceeds of any
judgment on the bond or security, not to exceed the amount of
child support arrearages determined to exist, be paid to the
obligee or to a person designated by the court.
(b) The obligee may file suit on the bond.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.108. CASH BOND AS PROPERTY OF RESPONDENT. A court
shall treat a cash bond posted for the benefit of the respondent
as the property of the respondent. A person who posts the cash
bond does not have recourse in relation to an order regarding the
bond other than against the respondent.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.109. SECURITY FOR COMPLIANCE WITH ORDER. (a) The
court may order the respondent to execute a bond or post security
if the court finds that the respondent:
(1) has on two or more occasions denied possession of or access
to a child who is the subject of the order; or
(2) is employed by an employer not subject to the jurisdiction
of the court or for whom income withholding is unworkable or
inappropriate.
(b) The court shall set the amount of the bond or security and
condition the bond or security on compliance with the court order
permitting possession or access or the payment of past-due or
future child support.
(c) The court shall order the bond or security payable through
the registry of the court:
(1) to the obligee or other person or entity entitled to receive
child support payments designated by the court if enforcement of
child support is requested; or
(2) to the person who is entitled to possession or access if
enforcement of possession or access is requested.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.110. FORFEITURE OF SECURITY FOR FAILURE TO COMPLY WITH
ORDER. (a) On the motion of a person or entity for whose
benefit a bond has been executed or security deposited, the court
may forfeit all or part of the bond or security deposit on a
finding that the person who furnished the bond or security:
(1) has violated the court order for possession of and access to
a child; or
(2) failed to make child support payments.
(b) The court shall order the registry to pay the funds from a
forfeited bond or security deposit to the obligee or person or
entity entitled to receive child support payments in an amount
that does not exceed the child support arrearages or, in the case
of possession of or access to a child, to the person entitled to
possession or access.
(c) The court may order that all or part of the forfeited amount
be applied to pay attorney's fees and costs incurred by the
person or entity bringing the motion for contempt or motion for
forfeiture.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.111. FORFEITURE NOT DEFENSE TO CONTEMPT. The
forfeiture of bond or security is not a defense in a contempt
proceeding.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.112. JOINDER OF FORFEITURE AND CONTEMPT PROCEEDINGS. A
motion for enforcement requesting contempt may be joined with a
forfeiture proceeding.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.113. APPLICATION OF BOND PENDING WRIT. If the obligor
requests to execute a bond or to post security pending a hearing
by an appellate court on a writ, the bond or security on
forfeiture shall be payable to the obligee.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.114. FAILURE TO APPEAR. The court may order a capias
to be issued for the arrest of the respondent if:
(1) the motion for enforcement requests contempt;
(2) the respondent was personally served; and
(3) the respondent fails to appear.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.115. DEFAULT JUDGMENT. (a) The court may render a
default order for the relief requested if the respondent:
(1) has been personally served, has filed an answer, or has
entered an appearance; and
(2) does not appear at the designated time, place, and date to
respond to the motion.
(b) If the respondent fails to appear, the court may not hold
the respondent in contempt but may order a capias to be issued.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 51, eff.
Sept. 1, 1995.
SUBCHAPTER D. HEARING AND ENFORCEMENT ORDER
Sec. 157.161. RECORD. (a) Except as provided by Subsection
(b), a record of the hearing in a motion for enforcement shall be
made by a court reporter or as provided by Chapter 201.
(b) A record is not required if:
(1) the parties agree to an order; or
(2) the motion does not request incarceration and the parties
waive the requirement of a record at the time of hearing, either
in writing or in open court, and the court approves waiver.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.162. PROOF. (a) The movant is not required to prove
that the underlying order is enforceable by contempt to obtain
other appropriate enforcement remedies.
(b) A finding that the respondent is not in contempt does not
preclude the court from ordering any other enforcement remedy,
including rendering a money judgment, posting a bond or other
security, or withholding income.
(c) A copy of the payment record attached to the motion is
evidence of the facts asserted in the payment record and is
admissible to show whether payments were made. The respondent may
offer controverting evidence.
(d) The court may not find a respondent in contempt of court for
failure to pay child support if the respondent appears at the
hearing with a copy of the payment record or other evidence
satisfactory to the court showing that the respondent is current
in the payment of child support as ordered by the court.
(e) Notwithstanding Subsection (d), the court may award the
petitioner costs of court and reasonable attorney's fees in a
proceeding described by that subsection if the court finds that:
(1) on the date the motion for enforcement was filed, the
respondent was not current in the payment of child support as
ordered by the court; and
(2) the respondent made the child support payments described by
Subsection (d) after the date the respondent was served notice of
the motion or otherwise discovered that the motion for
enforcement had been filed.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1189, Sec. 1, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch.
767, Sec. 15, eff. June 19, 2009.
Sec. 157.163. APPOINTMENT OF ATTORNEY. (a) In a motion for
enforcement or motion to revoke community service, the court must
first determine whether incarceration of the respondent is a
possible result of the proceedings.
(b) If the court determines that incarceration is a possible
result of the proceedings, the court shall inform a respondent
not represented by an attorney of the right to be represented by
an attorney and, if the respondent is indigent, of the right to
the appointment of an attorney.
(c) If the court determines that the respondent will not be
incarcerated as a result of the proceedings, the court may
require a respondent who is indigent to proceed without an
attorney.
(d) If the respondent claims indigency and requests the
appointment of an attorney, the court shall require the
respondent to file an affidavit of indigency. The court may hear
evidence to determine the issue of indigency.
(e) Except as provided by Subsection (c), the court shall
appoint an attorney to represent the respondent if the court
determines that the respondent is indigent.
(f) If the respondent is not in custody, an appointed attorney
is entitled to not less than 10 days from the date of the
attorney's appointment to respond to the movant's pleadings and
prepare for the hearing.
(g) If the respondent is in custody, an appointed attorney is
entitled to not less than five days from the date the respondent
was taken into custody to respond to the movant's pleadings and
prepare for the hearing.
(h) The court may shorten or extend the time for preparation if
the respondent and the respondent's attorney sign a waiver of the
time limit.
(i) The scope of the court appointment of an attorney to
represent the respondent is limited to the allegation of contempt
or of violation of community supervision contained in the motion
for enforcement or motion to revoke community supervision.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.164. PAYMENT OF APPOINTED ATTORNEY. (a) An attorney
appointed to represent an indigent respondent is entitled to a
reasonable fee for services within the scope of the appointment
in the amount set by the court.
(b) The fee shall be paid from the general funds of the county
according to the schedule for the compensation of counsel
appointed to defend criminal defendants as provided in the Code
of Criminal Procedure.
(c) For purposes of this section, a proceeding in a court of
appeals or the Supreme Court of Texas is considered the
equivalent of a bona fide appeal to the Texas Court of Criminal
Appeals.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.165. PROBATION OF CONTEMPT ORDER. The court may place
the respondent on community supervision and suspend commitment if
the court finds that the respondent is in contempt of court for
failure or refusal to obey an order rendered as provided in this
title.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.25, eff.
Sept. 1, 1999.
Sec. 157.166. CONTENTS OF ENFORCEMENT ORDER. (a) An
enforcement order must include:
(1) in ordinary and concise language the provisions of the order
for which enforcement was requested;
(2) the acts or omissions that are the subject of the order;
(3) the manner of the respondent's noncompliance; and
(4) the relief granted by the court.
(b) If the order imposes incarceration or a fine for criminal
contempt, an enforcement order must contain findings identifying,
setting out, or incorporating by reference the provisions of the
order for which enforcement was requested and the date of each
occasion when the respondent's failure to comply with the order
was found to constitute criminal contempt.
(c) If the enforcement order imposes incarceration for civil
contempt, the order must state the specific conditions on which
the respondent may be released from confinement.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 17, eff.
Sept. 1, 1999.
Sec. 157.167. RESPONDENT TO PAY ATTORNEY'S FEES AND COSTS. (a)
If the court finds that the respondent has failed to make child
support payments, the court shall order the respondent to pay the
movant's reasonable attorney's fees and all court costs in
addition to the arrearages. Fees and costs ordered under this
subsection may be enforced by any means available for the
enforcement of child support, including contempt.
(b) If the court finds that the respondent has failed to comply
with the terms of an order providing for the possession of or
access to a child, the court shall order the respondent to pay
the movant's reasonable attorney's fees and all court costs in
addition to any other remedy. If the court finds that the
enforcement of the order with which the respondent failed to
comply was necessary to ensure the child's physical or emotional
health or welfare, the fees and costs ordered under this
subsection may be enforced by any means available for the
enforcement of child support, including contempt, but not
including income withholding.
(c) Except as provided by Subsection (d), for good cause shown,
the court may waive the requirement that the respondent pay
attorney's fees and costs if the court states the reasons
supporting that finding.
(d) If the court finds that the respondent is in contempt of
court for failure or refusal to pay child support and that the
respondent owes $20,000 or more in child support arrearages, the
court may not waive the requirement that the respondent pay
attorney's fees and costs unless the court also finds that the
respondent:
(1) is involuntarily unemployed or is disabled; and
(2) lacks the financial resources to pay the attorney's fees and
costs.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 18, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 477, Sec. 1, eff. Sept.
1, 2003; Acts 2003, 78th Leg., ch. 1262, Sec. 1, eff. Sept. 1,
2003.
Reenacted and amended by Acts 2005, 79th Leg., Ch.
253, Sec. 1, eff. September 1, 2005.
Sec. 157.168. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. (a)
A court may order additional periods of possession of or access
to a child to compensate for the denial of court-ordered
possession or access. The additional periods of possession or
access:
(1) must be of the same type and duration of the possession or
access that was denied;
(2) may include weekend, holiday, and summer possession or
access; and
(3) must occur on or before the second anniversary of the date
the court finds that court-ordered possession or access has been
denied.
(b) The person denied possession or access is entitled to decide
the time of the additional possession or access, subject to the
provisions of Subsection (a)(1).
Added by Acts 1995, 74th Leg., ch. 751, Sec. 52, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 974, Sec. 1, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1034, Sec. 1, eff. Sept.
1, 1999.
SUBCHAPTER E. COMMUNITY SUPERVISION
Sec. 157.211. CONDITIONS OF COMMUNITY SUPERVISION. If the court
places the respondent on community supervision and suspends
commitment, the terms and conditions of community supervision may
include the requirement that the respondent:
(1) report to the community supervision officer as directed;
(2) permit the community supervision officer to visit the
respondent at the respondent's home or elsewhere;
(3) obtain counseling on financial planning, budget management,
conflict resolution, parenting skills, alcohol or drug abuse, or
other matters causing the respondent to fail to obey the order;
(4) pay required child support and any child support arrearages;
(5) pay court costs and attorney's fees ordered by the court;
(6) seek employment assistance services offered by the Texas
Workforce Commission under Section 302.0035, Labor Code, if
appropriate; and
(7) participate in mediation or other services to alleviate
conditions that prevent the respondent from obeying the court's
order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 702, Sec. 4, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 946, Sec. 2, eff. Sept.
1, 1999; Acts 2001, 77th Leg., ch. 311, Sec. 1, eff. Sept. 1,
2001.
Sec. 157.212. TERM OF COMMUNITY SUPERVISION. The initial period
of community supervision may not exceed 10 years. The court may
continue the community supervision beyond 10 years until the
earlier of:
(1) the second anniversary of the date on which the community
supervision first exceeded 10 years; or
(2) the date on which all child support, including arrearages
and interest, has been paid.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1999, 76th Leg., ch. 1313, Sec. 1, eff.
Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 22, eff. September 1, 2007.
Sec. 157.213. COMMUNITY SUPERVISION FEES. (a) The court may
require the respondent to pay a fee to the court in an amount
equal to that required of a criminal defendant subject to
community supervision.
(b) The court may make payment of the fee a condition of
granting or continuing community supervision.
(c) The court shall deposit the fees received under this
subchapter as follows:
(1) if the community supervision officer is employed by a
community supervision and corrections department, in the special
fund of the county treasury provided by the Code of Criminal
Procedure to be used for community supervision; or
(2) if the community supervision officer is employed by a
domestic relations office, in one of the following funds, as
determined by the office's administering entity:
(A) the general fund for the county in which the domestic
relations office is located; or
(B) the office fund established by the administering entity for
the domestic relations office.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 2001, 77th Leg., ch. 311, Sec. 2, eff.
Sept. 1, 2001.
Sec. 157.214. MOTION TO REVOKE COMMUNITY SUPERVISION. A
prosecuting attorney, the Title IV-D agency, a domestic relations
office, or a party affected by the order may file a verified
motion alleging specifically that certain conduct of the
respondent constitutes a violation of the terms and conditions of
community supervision.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 2001, 77th Leg., ch. 311, Sec. 3, eff.
Sept. 1, 2001.
Sec. 157.215. ARREST FOR ALLEGED VIOLATION OF COMMUNITY
SUPERVISION. (a) If the motion to revoke community supervision
alleges a prima facie case that the respondent has violated a
term or condition of community supervision, the court may order
the respondent's arrest by warrant.
(b) The respondent shall be brought promptly before the court
ordering the arrest.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.216. HEARING ON MOTION TO REVOKE COMMUNITY SUPERVISION.
(a) The court shall hold a hearing without a jury not later
than the third working day after the date the respondent is
arrested under Section 157.215. If the court is unavailable for
a hearing on that date, the hearing shall be held not later than
the third working day after the date the court becomes available.
(b) The hearing under this section may not be held later than
the seventh working day after the date the respondent is
arrested.
(c) After the hearing, the court may continue, modify, or revoke
the community supervision.
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. 23, eff. September 1, 2007.
Sec. 157.217. DISCHARGE FROM COMMUNITY SUPERVISION. (a) When a
community supervision period has been satisfactorily completed,
the court on its own motion shall discharge the respondent from
community supervision.
(b) The court may discharge the respondent from community
supervision on the motion of the respondent if the court finds
that the respondent:
(1) has satisfactorily completed one year of community
supervision; and
(2) has fully complied with the community supervision order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
SUBCHAPTER F. JUDGMENT AND INTEREST
Sec. 157.261. UNPAID CHILD SUPPORT AS JUDGMENT. (a) A child
support payment not timely made constitutes a final judgment for
the amount due and owing, including interest as provided in this
chapter.
(b) For the purposes of this subchapter, interest begins to
accrue on the date the judge signs the order for the judgment
unless the order contains a statement that the order is rendered
on another specific date.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 702, Sec. 5, eff.
Sept. 1, 1997.
Sec. 157.262. REDUCTION OF ARREARAGES; ABEYANCE OF ENFORCEMENT.
(a) Except as provided by this section, in a contempt proceeding
or in rendering a money judgment, the court may not reduce or
modify the amount of child support arrearages.
(b) In an enforcement action under this chapter, the court may,
with the agreement of the Title IV-D agency, hold in abeyance the
enforcement of any arrearages, including interest, assigned to
the Title IV-D agency under Section 231.104(a) if, for the period
of the court's order of abeyance of enforcement, the obligor:
(1) timely and fully pays the obligor's current child support
under a court or administrative order; and
(2) is involved in the life of the child for whom support is
ordered through the exercise of the obligor's right of possession
of or access to the child.
(c) If the court orders an abeyance of enforcement of arrearages
under this section, the court may require the obligor to obtain
counseling on parenting skills, work skills, job placement,
financial planning, conflict resolution, substance abuse, or
other matters causing the obligor to fail to obey the child
support order.
(d) If the court finds in a subsequent hearing that the obligor
has not met the conditions set by the court's order under this
section, the court shall terminate the abeyance of enforcement of
the arrearages.
(e) On the expiration of the child support order, the court may,
with the agreement of the Title IV-D agency, reduce the amount of
the arrearages assigned to the Title IV-D agency under Section
231.104(a) if the court finds that the obligor has complied with
the conditions set by the court under this section.
(f) The money judgment for arrearages rendered by the court may
be subject to a counterclaim or offset as provided by this title.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 2001, 77th Leg., ch. 392, Sec. 3, eff.
Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1023, Sec. 15, eff.
Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
538, Sec. 2, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
767, Sec. 16, eff. June 19, 2009.
Sec. 157.263. CONFIRMATION OF ARREARAGES. (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 judgment.
(b) A cumulative money judgment includes:
(1) unpaid child support not previously confirmed;
(2) the balance owed on previously confirmed arrearages or lump
sum or retroactive support judgments;
(3) interest on the arrearages; and
(4) a statement that it is a cumulative judgment.
(c) If the amount of arrearages confirmed by the court reflects
a credit to the obligor for support arrearages collected from a
federal tax refund under 42 U.S.C. Section 664, and,
subsequently, the amount of that credit is reduced because the
refund was adjusted because of an injured spouse claim by a
jointly filing spouse, the tax return was amended, the return was
audited by the Internal Revenue Service, or for another reason
permitted by law, the court shall render a new cumulative
judgment to include as arrearages an amount equal to the amount
by which the credit was reduced.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 2003, 78th Leg., ch. 610, Sec. 4, eff.
Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 24, eff. September 1, 2007.
Sec. 157.264. ENFORCEMENT OF JUDGMENT. (a) A money judgment
rendered as provided in this subchapter may be enforced by any
means available for the enforcement of a judgment for debts.
(b) The court shall render an order requiring that the obligor
make periodic payments on the judgment, including by income
withholding under Chapter 158 if the obligor is subject to income
withholding.
(c) An order rendered under Subsection (b) does not preclude or
limit the use of any other means for enforcement of the judgment.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 16, eff.
Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 25, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
767, Sec. 17, eff. June 19, 2009.
Sec. 157.265. ACCRUAL OF INTEREST ON CHILD SUPPORT. (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 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 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 six percent simple
interest from the date the order is rendered until the judgment
is paid.
(d) Subsection (a) applies to a child support payment that
becomes due on or after January 1, 2002.
(e) Child support arrearages in existence on January 1, 2002,
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;
and
(2) on and after January 1, 2002, the cumulative total of
arrearages and interest accumulated on those arrearages described
by Subdivision (1) is subject to Subsection (a).
(f) Subsections (b) and (c) apply to a money judgment for child
support rendered on or after January 1, 2002. A money judgment
for child support 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.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 53, eff.
Sept. 1, 1995; Acts 1999, 76th Leg., ch. 943, Sec. 1, eff. Jan.
1, 2000; Acts 2001, 77th Leg., ch. 1491, Sec. 1, eff. Jan. 1,
2002.
Amended by:
Acts 2005, 79th Leg., Ch.
185, Sec. 1, eff. May 27, 2005.
Sec. 157.266. DATE OF DELINQUENCY. (a) A child support payment
is delinquent for the purpose of accrual of interest if the
payment is not received before the 31st day after the payment
date stated in the order by:
(1) the local registry, Title IV-D registry, or state
disbursement unit; or
(2) the obligee or entity specified in the order, if payments
are not made through a registry.
(b) If a payment date is not stated in the order, a child
support payment is delinquent if payment is not received by the
registry or the obligee or entity specified in the order on the
date that an amount equal to the support payable for one month
becomes past due.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1999, 76th Leg., ch. 943, Sec. 2, eff. Jan.
1, 2000.
Sec. 157.267. INTEREST ENFORCED AS CHILD SUPPORT. Accrued
interest is part of the child support obligation and may be
enforced by any means provided for the collection of child
support.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 157.268. APPLICATION OF CHILD SUPPORT PAYMENT. Child
support collected shall be applied in the following order of
priority:
(1) current child support;
(2) non-delinquent child support owed;
(3) the principal amount of child support that has not been
confirmed and reduced to money judgment;
(4) the principal amount of child support that has been
confirmed and reduced to money judgment;
(5) interest on the principal amounts specified in Subdivisions
(3) and (4); and
(6) the amount of any ordered attorney's fees or costs, or Title
IV-D service fees authorized under Section 231.103 for which the
obligor is responsible.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 17, eff.
Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 20, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
767, Sec. 18, eff. January 1, 2010.
Sec. 157.269. RETENTION OF JURISDICTION. A court that renders
an order providing for the payment of child support retains
continuing jurisdiction to enforce the order, including by
adjusting the amount of the periodic payments to be made by the
obligor or the amount to be withheld from the obligor's
disposable earnings, until all current support and medical
support and child support arrearages, including interest and any
applicable fees and costs, have been paid.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 54, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 19, eff.
Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 26, eff. September 1, 2007.
SUBCHAPTER G. CHILD SUPPORT LIEN
Sec. 157.311. DEFINITIONS. In this subchapter:
(1) "Account" means:
(A) any type of a demand deposit account, checking or negotiable
withdrawal order account, savings account, time deposit account,
money market mutual fund account, certificate of deposit, or any
other instrument of deposit in which an individual has a
beneficial ownership either in its entirety or on a shared or
multiple party basis, including any accrued interest and
dividends; and
(B) a life insurance policy in which an individual has a
beneficial ownership or liability insurance against which an
individual has filed a claim or counterclaim.
(2) "Claimant" means:
(A) the obligee or a private attorney representing the obligee;
(B) the Title IV-D agency providing child support services;
(C) a domestic relations office or local registry; or
(D) an attorney appointed as a friend of the court.
(3) "Court having continuing jurisdiction" is the court of
continuing, exclusive jurisdiction in this state or a tribunal of
another state having jurisdiction under the Uniform Interstate
Family Support Act or a substantially similar act.
(4) "Financial institution" has the meaning assigned by 42
U.S.C. Section 669a(d)(1) and includes a depository institution,
credit union, benefit association, liability or life insurance
company, money market mutual fund, and any similar entity
authorized to do business in this state.
(5) "Lien" means a child support lien issued in this or another
state.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 1, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 19, eff. Sept.
1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 18, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 610, Sec. 5, eff. Sept. 1, 2003.
Sec. 157.312. GENERAL PROVISIONS. (a) A claimant may enforce
child support by a lien as provided in this subchapter.
(b) The remedies provided by this subchapter do not affect the
availability of other remedies provided by law.
(c) The lien is in addition to any other lien provided by law.
(d) A child support lien arises by operation of law against real
and personal property of an obligor for all amounts of child
support due and owing, including any accrued interest, regardless
of whether the amounts have been adjudicated or otherwise
determined, subject to the requirements of this subchapter for
perfection of the lien.
(e) A child support lien arising in another state may be
enforced in the same manner and to the same extent as a lien
arising in this state.
(f) A foreclosure action under this subchapter is not required
as a prerequisite to levy and execution on a judicial or
administrative determination of arrearages as provided by Section
157.327.
(g) A child support lien under this subchapter may not be
directed to an employer to attach to the disposable earnings of
an obligor paid by the employer.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 2, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 20, eff. Sept.
1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 19, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 610, Sec. 6, eff. Sept. 1, 2003.
Sec. 157.313. CONTENTS OF CHILD SUPPORT LIEN NOTICE. (a)
Except as provided by Subsection (e), a child support lien notice
must contain:
(1) the name and address of the person to whom the notice is
being sent;
(2) the style, docket or cause number, and identity of the
tribunal of this or another state having continuing jurisdiction
of the child support action and, if the case is a Title IV-D
case, the case number;
(3) the full name, address, and, if known, the birth date,
driver's license number, social security number, and any aliases
of the obligor;
(4) the full name and, if known, social security number of the
obligee;
(5) the amount of the current or prospective child support
obligation, the frequency with which current or prospective child
support is ordered to be paid, and the amount of child support
arrearages owed by the obligor and the date of the signing of the
court order, administrative order, or writ that determined the
arrearages or the date and manner in which the arrearages were
determined;
(6) the rate of interest specified in the court order,
administrative order, or writ or, in the absence of a specified
interest rate, the rate provided for by law;
(7) the name and address of the person or agency asserting the
lien;
(8) the motor vehicle identification number as shown on the
obligor's title if the property is a motor vehicle;
(9) a statement that the lien attaches to all nonexempt real and
personal property of the obligor that is located or recorded in
the state, including any property specifically identified in the
notice and any property acquired after the date of filing or
delivery of the notice;
(10) a statement that any ordered child support not timely paid
in the future constitutes a final judgment for the amount due and
owing, including interest, and accrues up to an amount that may
not exceed the lien amount; and
(11) a statement that the obligor is being provided a copy of
the lien notice and that the obligor may dispute the arrearage
amount by filing suit under Section 157.323.
(b) A claimant may include any other information that the
claimant considers necessary.
(c) Except as provided by Subsection (e), the lien notice must
be verified.
(d) A claimant must file a notice for each after-acquired motor
vehicle.
(e) A notice of a lien for child support under this section may
be in the form authorized by federal law or regulation. The
federal form of lien notice does not require verification when
used by the Title IV-D agency.
(f) The requirement under Subsections (a)(3) and (4) to provide
a social security number, if known, does not apply to a lien
notice for a lien on real property.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 3, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 21, eff. Sept.
1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 20, eff. Sept. 1,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 27, eff. September 1, 2007.
Sec. 157.314. FILING LIEN NOTICE OR ABSTRACT OF JUDGMENT; NOTICE
TO OBLIGOR. (a) A child support lien notice or an abstract of
judgment for past due child support may be filed by the claimant
with the county clerk of:
(1) any county in which the obligor is believed to own nonexempt
real or personal property;
(2) the county in which the obligor resides; or
(3) the county in which the court having continuing jurisdiction
has venue of the suit affecting the parent-child relationship.
(b) A child support lien notice may be filed with or delivered
to the following, as appropriate:
(1) the clerk of the court in which a claim, counterclaim, or
suit by, or on behalf of, the obligor, including a claim or
potential right to proceeds from an estate as an heir,
beneficiary, or creditor, is pending, provided that a copy of the
lien is mailed to the attorney of record for the obligor, if any;
(2) an attorney who represents the obligor in a claim or
counterclaim that has not been filed with a court;
(3) any other individual or organization believed to be in
possession of real or personal property of the obligor; or
(4) any governmental unit or agency that issues or records
certificates, titles, or other indicia of property ownership.
(c) Not later than the 21st day after the date of filing or
delivering the child support lien notice, the claimant shall
provide a copy of the notice to the obligor by first class or
certified mail, return receipt requested, addressed to the
obligor at the obligor's last known address. If another person is
known to have an ownership interest in the property subject to
the lien, the claimant shall provide a copy of the lien notice to
that person at the time notice is provided to the obligor.
(d) If a child support lien notice is delivered to a financial
institution with respect to an account of the obligor, the
institution shall immediately:
(1) provide the claimant with the last known address of the
obligor; and
(2) notify any other person having an ownership interest in the
account that the account has been frozen in an amount not to
exceed the amount of the child support arrearage identified in
the notice.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 4, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 22, eff. Sept.
1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 21, eff. Sept. 1,
2001.
Sec. 157.3145. SERVICE ON FINANCIAL INSTITUTION. (a) Service
of a child support lien notice on a financial institution
relating to property held by the institution in the name of, or
in behalf of, an obligor is governed by Section 59.008, Finance
Code, if the institution is subject to that law, or may be
delivered to the registered agent, the institution's main
business office in this state, or another address provided by the
institution under Section 231.307.
(b) A financial institution doing business in this state shall
comply with the notice of lien and levy under this section
regardless of whether the institution's corporate headquarters is
located in this state.
Added by Acts 2001, 77th Leg., ch. 1023, Sec. 22, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 610, Sec. 7, eff.
Sept. 1, 2003.
Sec. 157.315. RECORDING AND INDEXING LIEN. (a) On receipt of a
child support lien notice, the county clerk shall immediately
record the notice in the county judgment records as provided in
Chapter 52, Property Code.
(b) The county clerk may not charge the Title IV-D agency, a
domestic relations office, a friend of the court, or any other
party a fee for recording the notice of a lien. To qualify for
this exemption, the lien notice must be styled "Notice of Child
Support Lien" or be in the form authorized by federal law or
regulation.
(c) The county clerk may not charge the Title IV-D agency, a
domestic relations office, or a friend of the court a fee for
recording the release of a child support lien. The lien release
must be styled "Release of Child Support Lien."
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1999, 76th Leg., ch. 595, Sec. 1, eff.
Sept. 1, 1999; Acts 1999, 76th Leg., ch. 769, Sec. 1, eff. Sept.
1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 23, eff. Sept. 1,
2001.
Sec. 157.316. PERFECTION OF CHILD SUPPORT LIEN. (a) Except as
provided by Subsection (b), a child support lien is perfected
when an abstract of judgment for past due child support or a
child support lien notice is filed or delivered as provided by
Section 157.314.
(b) If a lien established under this subchapter attaches to a
motor vehicle, the lien must be perfected in the manner provided
by Chapter 501, Transportation Code, and the court or Title IV-D
agency that rendered the order of child support shall include in
the order a requirement that the obligor surrender to the court
or Title IV-D agency evidence of the legal ownership of the motor
vehicle against which the lien may attach. A lien against a
motor vehicle under this subchapter is not perfected until the
obligor's title to the vehicle has been surrendered to the court
or Title IV-D agency and the Texas Department of Motor Vehicles
has issued a subsequent title that discloses on its face the fact
that the vehicle is subject to a child support lien under this
subchapter.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 5, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 23, eff. Sept.
1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 24, eff. Sept. 1,
2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
933, Sec. 3C.01, eff. September 1, 2009.
Sec. 157.317. PROPERTY TO WHICH LIEN ATTACHES. (a) A child
support lien attaches to all real and personal property not
exempt under the Texas Constitution or other law, including:
(1) an account in a financial institution;
(2) a retirement plan, including an individual retirement
account; and
(3) the proceeds of a life insurance policy, a claim for
negligence or personal injury, or an insurance settlement or
award for the claim, due to or owned by the obligor.
(a-1) A lien attaches to all property owned or acquired on or
after the date the lien notice or abstract of judgment is filed
with the county clerk of the county in which the property is
located, with the court clerk as to property or claims in
litigation, or, as to property of the obligor in the possession
or control of a third party, from the date the lien notice is
delivered to that party.
(b) A lien attaches to all nonhomestead real property of the
obligor but does not attach to a homestead exempt under the Texas
Constitution or the Property Code.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 6, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 24, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 344, Sec. 7.007, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 556, Sec. 20, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1023, Sec. 25,