CHAPTER 233. CHILD SUPPORT REVIEW PROCESS TO ESTABLISH OR ENFORCE SUPPORT OBLIGATIONS
FAMILY CODE
TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE
PARENT-CHILD RELATIONSHIP
SUBTITLE D. ADMINISTRATIVE SERVICES
CHAPTER 233. CHILD SUPPORT REVIEW PROCESS TO ESTABLISH OR ENFORCE
SUPPORT OBLIGATIONS
Sec. 233.001. PURPOSE. (a) The purpose of the procedures
specified in the child support review process authorized by this
chapter is to enable the Title IV-D agency to take expedited
administrative actions to establish, modify, and enforce child
support and medical support obligations, to determine parentage,
or to take any other action authorized or required under Part D,
Title IV, of the federal Social Security Act (42 U.S.C. Section
651 et seq.), and Chapter 231.
(b) A child support review order issued under this chapter and
confirmed by a court constitutes an order of the court and is
enforceable by any means available for the enforcement of child
support obligations under this code, including withholding
income, filing a child support lien, and suspending a license
under Chapter 232.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.401 and
amended by Acts 1997, 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997.
Sec. 233.002. AGREEMENTS ENCOURAGED. To the extent permitted by
this chapter, the Title IV-D agency shall encourage agreement of
the parties.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.402 and
amended by Acts 1997, 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997.
Sec. 233.003. BILINGUAL FORMS REQUIRED. A notice or other form
used to implement administrative procedures under this chapter
shall be printed in both Spanish and English.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.403 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997.
Sec. 233.004. INTERPRETER REQUIRED. If a party participating in
an administrative proceeding under this chapter does not speak
English or is hearing impaired, the Title IV-D agency shall
provide for interpreter services at no charge to the party.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.404 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997.
Sec. 233.005. INITIATING ADMINISTRATIVE ACTIONS. An
administrative action under this chapter may be initiated by
issuing a notice of child support review under Section 233.006 or
a notice of proposed child support review order under Section
233.009 or 233.0095 to each party entitled to notice.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.405 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 63, eff.
Sept. 1, 1999.
Sec. 233.006. CONTENTS OF NOTICE OF CHILD SUPPORT REVIEW. (a)
The notice of child support review issued by the Title IV-D
agency must:
(1) describe the procedure for a child support review, including
the procedures for requesting a negotiation conference;
(2) inform the recipient that the recipient may be represented
by legal counsel during the review process or at a court hearing;
and
(3) inform the recipient that the recipient may refuse to
participate or cease participation in the child support review
process, but that the refusal by the recipient to participate
will not prevent the completion of the process or the filing of a
child support review order.
(b) In addition to the information required by Subsection (a),
the notice of child support review may inform the recipient that:
(1) an affidavit of financial resources included with the notice
must be executed by the recipient and returned to the Title IV-D
agency not later than the 15th day after the date the notice is
received or delivered; and
(2) if the requested affidavit of financial resources is not
returned as required, the agency may:
(A) proceed with the review using the information that is
available to the agency; and
(B) file a legal action without further notice to the recipient,
except as otherwise required by law.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.406 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 64, eff.
Sept. 1, 2001.
Sec. 233.007. SERVICE OF NOTICE. (a) A notice required in an
administrative action under this chapter may be delivered by
personal service or first class mail on each party entitled to
citation or notice as provided by Chapter 102.
(b) This section does not apply to notice required on filing of
a child support review order or to later judicial actions.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.407 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997.
Sec. 233.008. ADMINISTRATIVE SUBPOENA IN CHILD SUPPORT REVIEW.
In a child support review under this chapter, the Title IV-D
agency may issue an administrative subpoena authorized under
Chapter 231 to any individual or organization believed to have
financial or other information needed to establish, modify, or
enforce a support order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.408 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997.
Sec. 233.009. NOTICE OF PROPOSED CHILD SUPPORT REVIEW ORDER;
NEGOTIATION CONFERENCE. (a) After an investigation and
assessment of financial resources, the Title IV-D agency may
serve on the parties a notice of proposed child support review
order in enforcing or modifying an existing order.
(b) The notice of proposed child support review order shall
state:
(1) the amount of periodic payment of child support due, the
amount of any overdue support that is owed as an arrearage as of
the date of the notice, and the amounts that are to be paid by
the obligor for current support due and in payment on the
arrearage owed;
(2) that the person identified in the notice as the party
responsible for payment of the support amounts may contest the
notice order on the grounds that:
(A) the respondent is not the responsible party;
(B) the dependent child is no longer entitled to child support;
or
(C) the amount of monthly support or arrearage is incorrectly
stated; and
(3) that, if the person identified in the notice as the party
responsible for payment of the support amounts does not contest
the notice in writing or request a negotiation conference to
discuss the notice not later than the 15th day after the date the
notice was delivered, the Title IV-D agency may file a child
support review order for child support and for medical support
for the child as provided by Chapter 154 according to the
information available to the agency.
(c) The Title IV-D agency may schedule a negotiation conference
without a request from a party.
(d) The Title IV-D agency shall schedule a negotiation
conference on the timely request of a party.
(e) The agency may conduct a negotiation conference, or any part
of a negotiation conference, by telephone conference call, by
video conference, as well as in person and may adjourn the
conference for a reasonable time to permit mediation of issues
that cannot be resolved by the parties and the agency.
(f) Notwithstanding any other provision of this chapter, if the
parties have agreed to the terms of a proposed child support
review order and each party has signed the order, including a
waiver of the right to service of process as provided by Section
233.018, the Title IV-D agency may immediately present the order
and waiver to the court for confirmation without conducting a
negotiation conference or requiring the production of financial
information.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.409 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 1023, Sec. 65, eff. Sept. 1,
2001.
Sec. 233.0095. NOTICE OF PROPOSED CHILD SUPPORT REVIEW ORDER IN
CASES OF ACKNOWLEDGED PATERNITY. (a) If an individual has
signed the acknowledgment of paternity as the father of the child
or executed a statement of paternity, the Title IV-D agency may
serve on the parties a notice of proposed child support review
order.
(b) The notice of proposed child support review order shall
state:
(1) the amount of periodic payment of child support due;
(2) that the person identified in the notice as the party
responsible for payment of the support amounts may only contest
the amount of monthly support; and
(3) that, if the person identified in the notice as the party
responsible for payment of the support amounts does not contest
the notice in writing or request a negotiation conference to
discuss the notice not later than the 15th day after the date the
notice was delivered, the Title IV-D agency may file the child
support order for child support and for medical support for the
child as provided by Chapter 154 according to the information
available to the agency.
(c) The Title IV-D agency may schedule a negotiation conference
without a request from a party.
(d) The Title IV-D agency shall schedule a negotiation
conference on the timely request of a party.
(e) The Title IV-D agency may conduct a negotiation conference,
or any part of a negotiation conference, by telephone conference
call, by video conference, or in person and may adjourn the
conference for a reasonable time to permit mediation of issues
that cannot be resolved by the parties and the agency.
(f) Notwithstanding any other provision of this chapter, if
paternity has been acknowledged, the parties have agreed to the
terms of a proposed child support review order, and each party
has signed the order, including a waiver of the right to service
of process as provided by Section 233.018, the Title IV-D agency
may immediately present the order and waiver to the court for
confirmation without conducting a negotiation conference or
requiring the production of financial information.
Added by Acts 1999, 76th Leg., ch. 556, Sec. 64, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 66, eff.
Sept. 1, 2001.
Sec. 233.010. NOTICE OF NEGOTIATION CONFERENCE; FAILURE TO
ATTEND CONFERENCE. (a) The Title IV-D agency shall notify all
parties entitled to notice of the negotiation conference of the
date, time, and place of the conference not later than the 10th
day before the date of the conference.
(b) If a party fails to attend the scheduled conference, the
agency may proceed with the review and file a child support
review order according to the information available to the
agency.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.410 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997.
Sec. 233.011. RESCHEDULING NEGOTIATION CONFERENCE; NOTICE
REQUIRED. (a) The Title IV-D agency may reschedule or adjourn a
negotiation conference on the request of any party.
(b) The Title IV-D agency shall give all parties notice of a
rescheduled conference not later than the third day before the
date of the rescheduled conference.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.411 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997.
Sec. 233.012. INFORMATION REQUIRED TO BE PROVIDED AT NEGOTIATION
CONFERENCE. At the beginning of the negotiation conference, the
child support review officer shall review with the parties
participating in the conference information provided in the
notice of child support review and inform the parties that:
(1) the purpose of the negotiation conference is to provide an
opportunity to reach an agreement on a child support order;
(2) if the parties reach an agreement, the review officer will
prepare an agreed review order to be effective immediately on
being confirmed by the court, as provided by Section 233.024;
(3) a party does not have to sign a review order prepared by the
child support review officer but that the Title IV-D agency may
file a review order without the agreement of the parties;
(4) the parties may sign a waiver of the right to service of
process;
(5) a party may request a court hearing on a nonagreed order at
any time before the 20th day after the date a petition for
confirmation of the order is filed; and
(6) a party may file a motion for a new trial at any time before
the 30th day after an order is confirmed by the court.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.412 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997.
Sec. 233.013. DETERMINING SUPPORT AMOUNT; MODIFICATION. (a)
The Title IV-D agency may use any information obtained by the
agency from the parties or any other source and shall apply the
child support guidelines provided by this code to determine the
appropriate amount of child support.
(b) If it has been three years since a child support order was
rendered or last modified and the amount of the child support
award under the order differs by either 20 percent or $100 from
the amount that would be awarded under the child support
guidelines, the Title IV-D agency shall file an appropriate child
support review order, including an order that has the effect of
modifying an existing court or administrative order for child
support without the necessity of filing a motion to modify.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.413 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997.
Sec. 233.014. RECORD OF PROCEEDINGS. (a) For the purposes of
this chapter, documentary evidence relied on by the child support
review officer, including an affidavit of a party, together with
the child support review order is a sufficient record of the
proceedings.
(b) The Title IV-D agency is not required to make any other
record or transcript of the negotiation conference.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.414 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997.
Sec. 233.015. ISSUANCE OF CHILD SUPPORT REVIEW ORDER OR FINDING
THAT NO ORDER SHOULD BE ISSUED; EFFECT. (a) If a negotiation
conference does not result in agreement by all parties to the
child support review order, the Title IV-D agency shall render a
final decision in the form of a child support review order or a
determination that the agency should not issue a child support
review order not later than the fifth day after the date of the
negotiation conference.
(b) If the Title IV-D agency determines that the agency should
not issue a child support order, the agency shall immediately
provide each party with notice of the determination by personal
delivery or by first class mail.
(c) A determination that a child support order should not be
issued must include a statement of the reasons that an order is
not being issued and a statement that the agency's determination
does not affect the right of the Title IV-D agency or a party to
request any other remedy provided by law.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.415 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997.
Sec. 233.016. VACATING CHILD SUPPORT REVIEW ORDER. (a) The
Title IV-D agency may vacate a child support review order at any
time before the order is filed with the court.
(b) A new negotiation conference, with notice to all parties,
may be scheduled or the Title IV-D agency may make a
determination that a child support review order should not be
issued and give notice of that determination as provided by this
chapter.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.416 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997.
Sec. 233.017. CONTENTS OF CHILD SUPPORT REVIEW ORDER. (a) An
order issued under this chapter must be reviewed and signed by an
attorney of the Title IV-D agency and must contain all provisions
that are appropriate for an order under this title, including
current child support, medical support, a determination of any
arrearages or retroactive support, and, if not otherwise ordered,
income withholding.
(b) A child support review order providing for the enforcement
of an order may not contain a provision that imposes
incarceration or a fine or contains a finding of contempt.
(c) A child support review order that establishes or modifies an
amount of previously ordered support must include the findings
required by Section 154.130.
(d) A child support review order that is not agreed to by all
the parties may specify and reserve for the court at the
confirmation hearing unresolved issues relating to
conservatorship or possession of a child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.417 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997.
Sec. 233.018. ADDITIONAL CONTENTS OF AGREED CHILD SUPPORT REVIEW
ORDER. (a) If a negotiation conference results in an agreement
of the parties, each party must sign the child support review
order and the order must contain as to each party:
(1) a waiver by the party of the right to service of process and
a court hearing;
(2) the mailing address of the party; and
(3) the following statement printed on the order in boldfaced
type, in capital letters, or underlined:
"I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS CHILD SUPPORT
REVIEW ORDER. I UNDERSTAND THAT IF I SIGN THIS ORDER, IT WILL BE
CONFIRMED BY THE COURT WITHOUT FURTHER NOTICE TO ME. I KNOW THAT
I HAVE A RIGHT TO REQUEST THAT A COURT RECONSIDER THE ORDER BY
FILING A MOTION FOR A NEW TRIAL AT ANY TIME BEFORE THE 30TH DAY
AFTER THE DATE OF THE CONFIRMATION OF THE ORDER BY THE COURT. I
KNOW THAT IF I DO NOT OBEY THE TERMS OF THIS ORDER I MAY BE HELD
IN CONTEMPT OF COURT."
(b) If a negotiation conference results in an agreement on some
but not all issues in the case, the parties may sign a waiver of
service along with an agreement to appear in court at a specified
date and time for a determination by the court of all unresolved
issues. Notice of the hearing is not required.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.418 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 65, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 67, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 610, Sec. 17, eff. Sept.
1, 2003.
Sec. 233.019. FILING OF AGREED REVIEW ORDER. (a) The Title
IV-D agency shall file an agreed child support review order and a
waiver of service signed by the parties with the clerk of the
court having continuing jurisdiction of the child who is the
subject of the order.
(b) If there is not a court of continuing jurisdiction, the
Title IV-D agency shall file the agreed review order with the
clerk of a court having jurisdiction under this title.
(c) If applicable, an acknowledgment of paternity or a written
report of a parentage testing expert and any documentary evidence
relied upon by the agency shall be filed with the agreed review
order as an exhibit to the order.
(d) A child support order issued by a tribunal of another state
and filed with an agreed review order as an exhibit to the agreed
review order shall be treated as a confirmed order without the
necessity of registration under Subchapter G, Chapter 159.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.419 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 66, eff.
Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 57, eff. September 1, 2007.
Sec. 233.020. CONTENTS OF PETITION FOR CONFIRMATION OF NONAGREED
ORDER. (a) A petition for confirmation of a child support
review order not agreed to by the parties:
(1) must include the final review order as an attachment to the
petition; and
(2) may include a waiver of service executed under Section
233.018(b) and an agreement to appear in court for a hearing.
(b) Documentary evidence relied on by the Title IV-D agency,
including, if applicable, an acknowledgment of paternity or a
written report of a parentage testing expert, shall be filed with
the clerk as exhibits to the petition, but are not required to be
served on the parties. The petition must identify the exhibits
that are filed with the clerk.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.420 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 67, eff.
Sept. 1, 1999.
Sec. 233.021. DUTIES OF CLERK OF COURT. (a) On the filing of
an agreed child support review order or of a petition for
confirmation of a nonagreed order issued by the Title IV-D
agency, the clerk of court shall endorse on the order or petition
the date and time the order or petition is filed.
(b) In an original action, the clerk shall endorse the
appropriate court and cause number on the agreed review order or
on the petition for confirmation of a nonagreed order.
(c) The clerk shall deliver by personal service a copy of the
petition for confirmation of a nonagreed review order and a copy
of the order, to each party entitled to service who has not
waived service.
(d) A clerk of a district court is entitled to collect in a
child support review case the fees authorized in a Title IV-D
case by Chapter 231.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.421 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997.
Sec. 233.022. FORM TO REQUEST A COURT HEARING ON NONAGREED
ORDER. (a) A court shall consider any responsive pleading that
is intended as an objection to confirmation of a child support
review order not agreed to by the parties, including a general
denial, as a request for a court hearing.
(b) The Title IV-D agency shall:
(1) make available to each clerk of court copies of the form to
request a court hearing on a nonagreed review order; and
(2) provide the form to request a court hearing to a party to
the child support review proceeding on request of the party.
(c) The clerk shall furnish the form to a party to the child
support review proceeding on the request of the party.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.422 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997.
Sec. 233.023. TIME TO REQUEST A COURT HEARING. A party may file
a request for a court hearing not later than the 20th day after
the date the petition for confirmation of a nonagreed child
support review order is delivered to the party.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.423 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997.
Sec. 233.024. CONFIRMATION OF AGREED ORDER. (a) On the filing
of an agreed child support review order signed by all parties,
together with waiver of service, the court shall sign the order
not later than the third day after the filing of the order. The
court may sign the order before filing the order, but the signed
order shall immediately be filed.
(b) On confirmation by the court, the Title IV-D agency shall
immediately deliver to each party a copy of the signed agreed
review order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.424 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 1023, Sec. 68, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 610, Sec. 18, eff. Sept. 1, 2003.
Sec. 233.025. EFFECT OF REQUEST FOR HEARING ON NONAGREED ORDER;
PLEADING. (a) A request for hearing or an order setting a
hearing on confirmation of a nonagreed child support review order
stays confirmation of the order pending the hearing.
(b) At a hearing on confirmation, any issues in dispute shall be
heard in a trial de novo.
(c) The petition for confirmation and the child support review
order constitute a sufficient pleading by the Title IV-D agency
for relief on any issue addressed in the petition and order.
(d) The request for hearing may limit the scope of the de novo
hearing by specifying the issues that are in dispute.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.425 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997.
Sec. 233.026. TIME FOR COURT HEARING. (a) When a timely
request for a court hearing has been filed as provided by Section
233.023, the court shall hold a hearing on the confirmation of a
child support review order that has not been agreed to by the
parties not later than the 30th day after the date the request
was filed.
(b) A court may not hold a hearing on the confirmation of a
nonagreed child support review order if a party does not timely
request a hearing as provided by Section 233.023.
(c) If the court resets the time of the hearing, the reset
hearing shall be held not later than the 30th day after the date
set for the initial hearing.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.426 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 610, Sec. 19, eff. Sept. 1, 2003.
Sec. 233.027. ORDER AFTER HEARING; EFFECT OF CONFIRMATION ORDER.
(a) After the hearing on the confirmation of a nonagreed child
support review order, the court shall:
(1) if the court finds that the order should be confirmed,
immediately sign a confirmation order and enter the order as an
order of the court;
(2) if the court finds that the relief granted in the child
support review order is inappropriate, sign an appropriate order
at the conclusion of the hearing or as soon after the conclusion
of the hearing as is practical and enter the order as an order of
the court; or
(3) if the court finds that all relief should be denied, enter
an order that denies relief and includes specific findings
explaining the reasons that relief is denied.
(b) On the signing of a confirmation order by the judge of the
court, the child support review order becomes a final order of
the court.
(c) If the party who requested the hearing fails to appear at
the hearing, the court shall sign a confirmation order and enter
the order as an order of the court.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.427 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 610, Sec. 20, eff. Sept. 1, 2003.
Sec. 233.0271. CONFIRMATION OF NONAGREED ORDER WITHOUT HEARING.
(a) If a request for hearing has not been timely received, the
court shall confirm and sign a nonagreed child support review
order not later than the 30th day after the date the petition for
confirmation was delivered to the last party entitled to service.
(b) The Title IV-D agency shall immediately deliver a copy of
the confirmed nonagreed review order to each party, together with
notice of right to file a motion for a new trial not later than
the 30th day after the date the order was confirmed by the court.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997.
Sec. 233.028. SPECIAL CHILD SUPPORT REVIEW PROCEDURES RELATING
TO ESTABLISHMENT OF PARENTAGE. (a) If the parentage of a child
has not been established, the notice of child support review
delivered to the parties must include an allegation that the
recipient is a biological parent of the child. The notice shall
inform the parties that:
(1) not later than the 15th day after the date of delivery of
the notice, the alleged parent of the child shall either sign a
statement of paternity or an acknowledgment of paternity or deny
in writing that the alleged parent is the biological parent of
the child;
(2) either party may request that scientifically accepted
parentage testing be conducted to assist in determining the
identities of the child's parents;
(3) if the alleged parent timely denies parentage of the child,
the Title IV-D agency shall order parentage testing; and
(4) if the alleged parent does not deny parentage of the child,
the Title IV-D agency may conduct a negotiation conference.
(b) If all parties agree to the child's parentage, the agency
may file an agreed child support review order as provided by this
chapter.
(c) If a party denies parentage, the Title IV-D agency shall
order parentage testing and give each party notice of the time
and place of testing. If either party fails or refuses to
participate in administrative parentage testing, the Title IV-D
agency may file a child support review order resolving the
question of parentage against that party. The court shall confirm
the child support review order as a temporary or final order of
the court only after an opportunity for parentage testing has
been provided.
(d) If genetic testing identifies the alleged parent as the
parent of the child and the results of a verified written report
of a genetic testing expert meet the requirements of Chapter 160
for issuing a temporary order, the Title IV-D agency may conduct
a negotiation conference to resolve any issues of support and
file with the court a child support review order.
(e) If the results of parentage testing exclude an alleged
parent from being the biological parent of the child, the Title
IV-D agency shall issue and provide to each party a child support
review order that declares that the excluded person is not a
parent of the child.
(f) Any party may file a petition for confirmation of a child
support review order issued under this section.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.428 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 821, Sec. 2.17, eff. June 14,
2001.
Sec. 233.029. ADMINISTRATIVE PROCEDURE LAW NOT APPLICABLE. The
child support review process under this chapter is not governed
by Chapter 2001, Government Code.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.
Sept. 1, 1995. Redesignated from Family Code Sec. 231.429 and
amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,
1997.