§ 33.1Filing Motion to Enforce
A court order, including a temporary order, or decree of divorce providing for the payment of child support may be enforced by a motion to enforce filed in the court of continuing, exclusive jurisdiction. Tex. Fam. Code § 157.001(a), (d). The term temporary order, for this purpose, includes a temporary restraining order, standing order, injunction, and any other temporary order rendered by a court. Tex. Fam. Code § 157.001(e).
A child support obligee may litigate a claim for delinquent child support payments when responding to a motion to modify custody or future child support payments but is not required to do so. Because the subject matter of the claim for delinquent payments is different and does not arise from the same transaction, the obligee is not barred from subsequently enforcing delinquent payments. In re P.D.D., 256 S.W.3d 834, 844 (Tex. App.—Texarkana 2008, no pet.).
The Texas Family Code defines an “obligee” as the person entitled to receive child support. See Tex. Fam. Code § 101.021. An adult child of a deceased obligee has standing to enforce a child support order against the obligor. Khaligh v. Khaligh, No. 01-18-01119-CV, 2020 WL 4006445, at *3 (Tex. App.—Houston [1st Dist.] July 16, 2020, no pet.) (mem. op.).
A motion to enforce child support must be filed in the court of continuing, exclusive jurisdiction. Tex. Fam. Code § 157.001(d). The enforcement action is subject to transfer as provided by Family Code sections 155.201 through 155.301.
On proper transfer, the court to which a transfer is made becomes the court of continuing, exclusive jurisdiction, and all proceedings, including contempt, are continued as if originally brought in that court. A transferred order has the same effect as an original order and is enforced by any means by which the transferring court could have enforced the order, including contempt. The transferee court has the power to hear and punish disobedience of the transferring court’s order, regardless of whether all or some of the alleged contemptuous acts were committed before or after the transfer, and the transferring court has no further jurisdiction. Tex. Fam. Code § 155.206.
The transferee court, which becomes the court of continuing jurisdiction, may hear and decide a motion for contempt pending at the time of the transfer or a motion for contempt filed after the transfer, for child support due both before and after the transfer of jurisdiction. See Tex. Fam. Code § 155.206(c), (d).
On rendition of an order transferring continuing, exclusive jurisdiction to another court, the transferring court must also order that all future payments of child support be made to the local registry of the transferee court or the state disbursement unit. The transferring court’s local registry or the state disbursement unit must continue to receive, record, and forward child support payments to the payee until it receives notice that the transferred case has been docketed in the other court. The transferring court’s registry must then send a certified copy of the child support payment record to the clerk of the transferee court and forward any payments it has received to the transferee court’s local registry or to the state disbursement unit, as appropriate. Tex. Fam. Code § 155.205.
Any enforcement proceeding may be joined, either independently or alternatively, with multiple remedies or claims. Tex. Fam. Code § 157.003(a).
For a discussion of the effect of a joinder of claims with a motion to enforce, see section 33.10 below.
§ 33.6Clear and Specific Language
The order to be enforced must spell out the details of compliance in clear, specific, and unambiguous terms so that the person subject to the order will readily know exactly what duties or obligations are imposed on him. Ex parte Slavin, 412 S.W.2d 43, 44 (Tex. 1967) (orig. proceeding). Each obligation for which enforcement by contempt is requested must be set forth in clear, specific, and unambiguous terms. The order must clearly specify the act to be performed, together with the time and place of performance. The fact that a respondent has defeated the intent of an order is not sufficient to support contempt. The relator must have violated a command to do or not do a specific act.
If the terms of the original order are not clear or specific enough to be enforceable by contempt, the court may render a clarifying order specific enough to be enforced by contempt. See section 33.41 below.
The order to be enforced must be written and signed. Ex parte Wilkins, 665 S.W.2d 760, 760–61 (Tex. 1984) (orig. proceeding); Ex parte Padron, 565 S.W.2d 921, 924 (Tex. 1978) (orig. proceeding).
A motion for enforcement of child support must, in ordinary and concise language, identify the provision of the order allegedly violated and sought to be enforced, state the manner of the respondent’s alleged noncompliance, state the relief requested by the movant, and contain the signature of the movant or the movant’s attorney. Tex. Fam. Code § 157.002(a). See In re Aslam, 348 S.W.3d 299, 302 (Tex. App.—Fort Worth 2011, orig. proceeding).
The motion must further allege the amount owed, the amount paid, and the amount of arrearages. Tex. Fam. Code § 157.002(b)(1).
If contempt is requested, the motion must also include the portion of the order allegedly violated and, for each date of alleged contempt, the amount due and the amount paid, if any. Tex. Fam. Code § 157.002(b)(2).
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. Tex. Fam. Code § 157.002(e).
Criminal contempt must be specifically pleaded in order to be imposed. See In re Smith, 981 S.W.2d 909, 911 (Tex. App.—Houston [1st Dist.] 1998, orig. proceeding).
In initiating the action, the movant must allege, in the first numbered paragraph of the motion, the intended discovery level. See Tex. R. Civ. P. 190.1. In an enforcement action, level 1 is not available. Tex. R. Civ. P. 190.2.
The movant may attach to the motion for enforcement a copy of the record of child support payments maintained by the title IV-D registry (for payments to the state disbursement unit). Tex. Fam. Code § 157.002(b)(3). The movant may update that payment record at the hearing. If a payment record was attached to the motion, the record, as updated if applicable, is admissible to prove the dates and amounts of payments, the amount of any accrued interest, the cumulative arrearage over time, and the cumulative arrearage as of the final date of the record. Tex. Fam. Code § 157.162(c). The respondent may offer evidence controverting the contents of the payment record. Tex. Fam. Code § 157.162(c–1).
A clerical error in the payment record cannot serve as a legal basis for modifying the child support obligation or determining the amount of arrearages. Granado v. Meza, 398 S.W.3d 193, 195 (Tex. 2013) (per curiam).
Obtaining Certified Payment Record: For payments made to the state disbursement unit, a certified payment record may be downloaded and printed from the Office of the Attorney General (OAG) website: https://childsupport.oag.state.tx.us/wps/portal/CSIMobile/MobileAttorneyPayRecordRequest. This function will require that the attorney enter his State Bar number and a contact identification number that will be provided. If the attorney has not already appeared as attorney of record in the case, it may be necessary to first obtain the client’s authorization for release of information. For this purpose, the attorney will need to submit Form 1A004 (TAC Forms) (“Authorization for Release of Information”), available at www
.texasattorneygeneral.gov/sites/default/files/files/child-support/forms/
1A004e-wo.pdf. Custodial and noncustodial parents are also assigned a customer or member identification number to access payment records and may provide the identification numbers to their attorneys for their use in accessing payment and case information. This information is available at the following site: www.texasattorneygeneral
.gov/child-support.
An attorney may also call the OAG’s main number at 800-252-8014 to request a certified payment record.
In some counties, the attorney will need to obtain payment records from both the local registry and the OAG if the county continues to maintain a local registry. In some counties, the local registry may accept a record of payment furnished by the state disbursement unit and may add the payments to the record maintained by the local registry so that a single, complete payment record is available for the court. Tex. Fam. Code § 234.009.
Investigating a Discrepancy in the Payment Record: An obligor or obligee may request that the title IV-D agency investigate a discrepancy between the child support payment record provided by the state disbursement unit and the payment records maintained by the party. Tex. Fam. Code § 234.0091(b). The person making the request must provide to the title IV-D agency documentation of the alleged discrepancy, including canceled checks or other evidence of a payment or disbursement at issue. The title IV-D agency has twenty days to respond to the request for an investigation. If the agency determines that the payment record maintained by the state disbursement unit is incorrect, the state disbursement unit must immediately make the amendment to its record. Tex. Fam. Code § 234.0091(c).
An attorney may call the OAG’s main number at 800-252-8014 to request a copy of OAG Form 1770 (Payment Discrepancy Investigation Request) to submit the request for an investigation.
A respondent to a motion to enforce child support must be given a copy of the motion and notice of hearing by personal service not later than the tenth day before the hearing. Tex. Fam. Code § 157.062(c). The notice of hearing must include the date, time, and place of the hearing. Tex. Fam. Code § 157.062(a).
If the motion to enforce child support is joined with other claims, the hearing may not be held before 10:00 a.m. on the first Monday after the twentieth day after the date of service. Its filing is governed by the Texas Rules of Civil Procedure applicable to original lawsuits. Tex. Fam. Code § 157.062(d); In re Hathcox, 981 S.W.2d 422, 425 (Tex. App.—Texarkana 1998, no pet.) (section 157.062(d) applies to an amended pleading, and its purpose is to allow a respondent extra time to answer and prepare for a hearing when a new claim has been joined with a motion for enforcement).
If the respondent has been ordered under Family Code section 105.006 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 of a final order or on a request for a court order implementing a postjudgment remedy for the collection of child support may be served by sending the notice of hearing with a copy of the motion by first-class mail to that address. The clerk or the attorney for the movant or the party requesting a court order may send the notice. The person who sends the notice must file with the clerk a certificate of service showing the date of mailing and the name of the person who sent the notice. Tex. Fam. Code § 157.065.
A party who appears at the hearing or is present when the case is called and who does not object to the court’s jurisdiction or the form or manner of the notice of hearing makes a general appearance for all purposes in the enforcement proceeding. Tex. Fam. Code § 157.063.
If a petition requests the enforcement, establishment, modification, or termination of a child support right assigned to the title IV-D agency under Texas Family Code chapter 231, notice must be given to the title IV-D agency. Tex. Fam. Code § 102.009(d). This notice is required because, when the Office of Attorney General provides title IV-D services, it becomes entitled to the assignment of rights to receive child support from the other parent. See Tex. Fam. Code § 231.104; In re O.A.G., No. 13-20-00133-CV, 2020 WL 1951544, at *4–6 (Tex. App.—Corpus Christi–Edinburg Apr. 23, 2020, orig. proceeding) (mem. op.) (court order releasing child support lien filed by OAG without notice to OAG was void); In re D.A.J., No. 04-19-00641-CV, 2020 WL 557544 (Tex. App.—San Antonio Feb. 5, 2020, no pet.) (mem. op.) (setting aside agreed order where mother forgave child support arrears and father relinquished parental rights); O.A.G. v. Rivera, No. 13-18-00389-CV, 2019 WL 66769873, at *3 (Tex. App.—Corpus Christi–Edinburg Dec. 12, 2019, no pet.) (mem. op.) (setting aside agreed order between parents to extinguish child support arrears).
COMMENT: To determine whether the Office of Attorney General is providing title
IV-D services in an existing case, the practitioner should review the court file. If the OAG is providing services, the agency will appear as a party—generally as a petitioner or intervenor. In some cases, the agency will have filed a notice of assignment. Before filing an original petition for divorce, the practitioner should inquire whether the parties have obtained a child support order with assistance from the OAG. If either party has obtained benefits from the state, such as Medicaid or Temporary Assistance for Needy Families, it is likely that the OAG has taken action to establish a child support order and thereby acquired an assignment of the right to receive child support.
The court must rule on any special exception or motion to strike before hearing the motion to enforce. If an exception is sustained, the court must give the movant an opportunity to replead and continue the hearing to a designated date and time without requiring additional service. Tex. Fam. Code § 157.064.
Contempt: The court retains jurisdiction to enforce a child support order by contempt if the motion to enforce is filed not later than the second anniversary of the date the child becomes an adult or on which the child support obligation terminates under the order or by operation of law. Tex. Fam. Code § 157.005(a).
Confirmation of Arrearages: The court retains jurisdiction to confirm arrearages and render cumulative money judgments for past-due child support, medical support, and dental support, as provided by Family Code section 157.263, if a motion for enforcement requesting a money judgment is filed not later than the tenth anniversary after the date the child becomes an adult or the child support obligation terminates under the child support order or by operation of law. Tex. Fam. Code § 157.005(b). This Code section applies only to cumulative money judgments for past-due support and not to other child support enforcement remedies, including income withholding and child support liens. In re D.W.G., 391 S.W.3d 154, 160 (Tex. App.—San Antonio 2012, no pet.).
An obligor’s motion to confirm child support arrearages, however, is not a motion to enforce child support arrears and may be filed after the tenth anniversary that the child becomes an adult. In re K.J.G., No. 04-20-00563-CV, 2022 WL 946637 (Tex. App.—San Antonio Mar. 30, 2022, no pet.) (mem. op.); see also In re A.W., No. 02-20-00296-CV, 2022 WL 1112238 (Tex. App.—Fort Worth Apr. 14, 2022, no pet.) (mem. op.) (court correctly ordered father to pay adult daughter child support arrearages after mother’s death even though suit filed later than tenth anniversary after daughter became adult).
Although section 157.005(b) provides an extended limitations period for confirming child support arrearages, nothing in the statute permits multiple enforcement actions and repeated litigation covering the same time period of missed payments. As with other final, unappealed judgments that are regular on their faces, res judicata applies to arrearage judgments. In re M.K.R., 216 S.W.3d 58, 65–66 (Tex. App.—Fort Worth 2007, no pet.).
Before amendment in 1999, section 157.005(b) required that the enforcement action be filed within four years after the child became an adult or the child support obligation terminated. Statutes providing time limits within which enforcement of an existing child support liability may be effected concern the court’s continuing enforcement jurisdiction and do not affect substantive rights. In re A.D., 73 S.W.3d 244, 247–48 (Tex. 2002); In re S.C.S., 48 S.W.3d 831, 834–35 (Tex. App.—Houston [14th Dist.] 2001, pet. denied) (prior statute involving four-year period within which court retains jurisdiction to render cumulative judgment “not a statute of limitation; rather it addresses how long a court has jurisdiction to enforce its orders. . . . Because it is a jurisdictional provision, it does not confer any vested right, unlike a statute of limitation.”).
If the motion for enforcement requests 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. If the motion does not request contempt, the court shall set the motion on the request of a party. In setting the date for the hearing on the motion to enforce a child support order, the court must give preference to the pending motion and may not delay the hearing because of a suit for modification. Tex. Fam. Code § 157.061.
A record of the hearing shall be made by the court reporter or, if the proceeding is before an associate judge, as provided by chapter 201 of the Family Code, unless (1) the motion does not request incarceration, the parties waive the requirement of a record at the time of the hearing, either in writing or in open court, and the court approves the waiver or (2) the parties agree to an order. Tex. Fam. Code § 157.161.
COMMENT: It is a better practice not to waive a record of the proceeding if there is any possibility of an appeal.
If a respondent who has been personally served or who has filed an answer or made an appearance fails to appear at the hearing, the court may, on proper proof, grant a default judgment for any relief sought except contempt, regardless of whether other claims or remedies have been joined with the enforcement action. The court may not hold the respondent in contempt but may issue a capias for the respondent’s arrest. See Tex. Fam. Code §§ 157.066, 157.114, 157.115; In re Daniels, No. 05-17-01260-CV, 2017 WL 6503107 (Tex. App.—Dallas Dec. 19, 2017, orig. proceeding) (mem. op.).
For discussion of consequences of a respondent’s failure to appear, including possible issuance of a capias and setting of bond, see sections 35.51 through 35.53 in this manual.
§ 33.16Contents of Enforcement Order
An enforcement order must include in ordinary and concise language the provisions of the final order for which enforcement was requested, the acts or omissions that are the subject of the order, the manner of noncompliance, and the relief granted by the court. Tex. Fam. Code § 157.166(a); see In re Aslam, 348 S.W.3d 299, 302 (Tex. App.—Fort Worth 2011, orig. proceeding).
The basic requirements for the contents of a contempt order are discussed in section 35.61 in this manual.
A statement of child support payments made (by attaching a child support payment history) is insufficient to identify child support payments the respondent failed to make and will not withstand challenge. In re Nesevitch, 93 S.W.3d 510, 512–13 (Tex. App.—Houston [14th Dist.] 2002, orig. proceeding).
If the court imposes incarceration for civil (coercive) contempt and orders the relator to pay a sum of child support to purge the contempt, the sum payable must be a sum for which the relator has been held in contempt. In re O’Keeffe, No. 05-18-00371-CV, 2018 WL 2296495 (Tex. App.—Dallas May 21, 2018, orig. proceeding) (mem. op.) (striking portions of contempt order requiring relator to remain incarcerated until he pays costs that he was not actually held in contempt for failing to pay); In re Patillo, 32 S.W.3d 907, 910 (Tex. App.—Corpus Christi–Edinburg 2000, orig. proceeding).
An obligor cannot be held in contempt for failing to pay child support before the date the judgment giving rise to the obligation was signed. Ex parte Huitrado-Soto, No. 05-16-00545-CV, 2016 WL 3185357, at *2 (Tex. App.—Dallas June 8, 2016, orig. proceeding) (mem. op.).
The court may render judgment for reasonable attorney’s fees and expenses and order the judgment and postjudgment interest to be paid directly to an attorney. A judgment for attorney’s fees and expenses may be enforced in the attorney’s name by any means available for the enforcement of a judgment for debt. Tex. Fam. Code § 106.002.
The court may award reasonable attorney’s fees and court costs to the obligee even if the respondent is not found in contempt. See Tex. Fam. Code § 157.162(a). A trial court does not have discretion to characterize attorney’s fees awarded in a nonenforcement modification suit as necessaries or additional child support. See Tucker v. Thomas, 419 S.W.3d 292, 300–01 (Tex. 2013); see also Guillory v. Boykins, 442 S.W.3d 682, 692–93 (Tex. App.—Houston [1st Dist.] 2014, no pet.) (where motion for enforcement was previously denied and subsequent trial was for modification only, trial court lacked authority to award attorney’s fees as necessaries or as additional child support).
If the court finds that the respondent has failed to make child support payments, the court must order the payment of the movant’s reasonable attorney’s fees and all costs, in addition to the amount of arrearages. Tex. Fam. Code § 157.167(a). The court must also order the payment of attorney’s fees related to the enforcement of unreimbursed health- care expenses ordered as “additional child support.” In re C.C.E., No. 04-20-00416-CV, 2021 WL 3173913, at *3 (Tex. App.—San Antonio July 28, 2021, no pet. h.) (mem. op.); see also Daves v. McKnight, No. 14-20-00101-CV, 2021 WL 3672787, at *3–4 (Tex. App.—Houston [14th Dist.] Aug. 19, 2021, no pet. h.) (mem. op.) (attorney’s fee award upheld even though fees were nearly twenty times greater than arrearage). These fees and costs may be enforced by any means available for the enforcement of child support, including contempt. Tex. Fam. Code § 157.167(a); see Taylor v. Speck, 308 S.W.3d 81 (Tex. App.—San Antonio 2010, no pet.). The award to movant of conditional attorney’s fees in the event obligor files bankruptcy is authorized. It is akin to the conditional award of attorney’s fees in the event of success on appeal. Taylor, 308 S.W.3d at 88.
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 for the finding. Tex. Fam. Code § 157.167(c). However, 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 is involuntarily unemployed or is disabled and that he lacks the financial resources to pay the attorney’s fees and costs. Tex. Fam. Code § 157.167(d). In addition, income withholding from the disposable earnings of the obligor for attorney’s fees and costs may be ordered in an action to enforce child support. Tex. Fam. Code § 158.0051(a).
COMMENT: An order for withholding of attorney’s fees should not be combined with the order for child support. It should be on a separate form and should direct that payment be sent to the attorney rather than to the state disbursement unit. The requirements for the form and contents of the order for income withholding are discussed in chapter 9 of this manual.
Attorney’s fees incurred in a suit to modify child support or conservatorship may not be characterized as “in the nature of accrued child support” and enforced through income withholding unless the case also involves the enforcement of a delinquent child support obligation. In re A.M.W., 313 S.W.3d 887 (Tex. App.—Dallas 2010, no pet.); In re K.J.D., 299 S.W.3d 517 (Tex. App.— Dallas 2009, no pet.); In re K.A.R., 171 S.W.3d 705, 712 (Tex. App.—Houston [14th Dist.] 2005, no pet.); Finley v. May, 154 S.W.3d 196, 199 (Tex. App.—Austin 2004, no pet.). The trial court may not classify attorney’s fees as additional child support when the motion to enforce is filed after the child’s eighteenth birthday. In re Corbett, No. 02-11-00430-CV, 2012 WL 386744, at *2 (Tex. App.—Fort Worth Feb. 8, 2012, orig. proceeding) (mem. op.).
When a party fails to segregate attorney’s fees incurred with an enforcement proceeding—fees that can be enforced through contempt—from attorney’s fees incurred for work performed in connection with a modification proceeding—fees that cannot be enforced through contempt—the award of attorney’s fees is enforceable only as a debt. See In re C.A.C., No. 05-17-00602-CV, 2018 WL 2126811, at *3 (Tex. App.—Dallas May 9, 2018, no pet.) (mem. op.); In re Braden, 483 S.W.3d 659, 666 (Tex. App.—Houston [14th Dist.] 2015, orig. proceeding) (per curiam). When attorney’s fees are incurred in defense of an action to collect child support, even if the respondent prevails, there is no basis for awarding the prevailing party an award for attorney’s fees that is enforceable as child support. In re A.S.M., ___ S.W.3d ___, No. 08-19-00212-CV, 2021 WL 3260625, at *6 (Tex. App.—El Paso July 30, 2021, no pet. h.).
An attorney appointed to represent an indigent respondent facing possible incarceration is entitled to a reasonable fee in the amount set by the court. The fee is paid from the general funds of the county according to the schedule for compensation of counsel appointed for criminal defendants provided in the Texas Code of Criminal Procedure. Tex. Fam. Code § 157.164(a), (b).
An employer who receives an order or writ of withholding and does not comply is liable for reasonable attorney’s fees and court costs. Tex. Fam. Code § 158.206(b)(3).
Concerning the right to counsel when a party is seeking to hold the other party in contempt and incarceration is a possible result of the proceedings, see sections 35.5:3 and 35.5:4 in this manual.
The issue of the existence of an affirmative defense does not arise unless evidence is admitted supporting the defense. The respondent must prove the affirmative defense by a preponderance of the evidence. Tex. Fam. Code § 157.006.
Estoppel is not an affirmative defense to a child support enforcement action. In Office of Attorney General v. Scholer, 403 S.W.3d 859, 860 (Tex. 2013), the parents agreed that father’s child support obligation would cease if he relinquished his parental rights. Although the termination was never finalized, the father relied on the attorney’s promises, stopped paying support, and claimed that the mother and the OAG should be estopped from enforcing the child support obligation. The supreme court held that court-ordered child support reflects a parent’s duty to his child, not a debt to his former spouse. Except as provided by statute, the other parent’s conduct cannot eliminate that duty. A claim of accord and satisfaction made under a similar fact situation has been held not to be a proper affirmative defense to a motion for enforcement of child support. In re R.K.S., No. 10-11-00403-CV, 2014 WL 1681891 (Tex. App.—Waco Apr. 24, 2014, no pet.) (mem. op.).
Inability to Pay Child Support: It is an affirmative defense to an allegation of contempt of court or of the violation of a condition of community supervision requiring payment of support that the obligor lacked the ability to provide support in the amount ordered; lacked property that could be sold, mortgaged, or otherwise pledged to raise the funds needed; attempted unsuccessfully to borrow the needed funds; and knew of no source from which the money could have been borrowed or otherwise legally obtained. Tex. Fam. Code § 157.008(c). All four elements must be conclusively established in the trial court to avoid a contempt finding. In re Hammond, 155 S.W.3d 222, 228 (Tex. App.—El Paso 2004, orig. proceeding); see Ex parte Rojo, 925 S.W.2d 654, 655–56 (Tex. 1996) (orig. proceeding) (per curiam); In re Smith, 354 S.W.3d 929 (Tex. App.—Dallas 2011, orig. proceeding); see also In re V.I.P.M., No. 05-19-00197-CV, 2020 WL 1472210, at *4 (Tex. App.—Dallas Mar. 26, 2020, pet. denied) (mem. op.) (obligor’s unchallenged affidavit of indigency seeking appointed counsel did not establish inability to pay child support); In re Garcia, No. 05-19-00687-CV, 2020 WL 38818 (Tex. App.—Dallas Jan. 3, 2020, orig. proceeding) (mem. op.) (obligor did not adequately prove inability to borrow money from family to pay her child support); In re Washington, No. 05-19-00778-CV, 2019 WL 4784762, at *2–3 (Tex. App.—Dallas Oct. 1, 2019, orig. proceeding) (mem. op.) (obligor’s evidence of half-hearted attempts to obtain employment was insufficient to establish inability to pay).
Current inability to pay is no defense to criminal contempt. Ex parte Robertson, 880 S.W.2d 803, 803 (Tex. App.—Houston [14th Dist.] 1994, orig. proceeding) (per curiam). It is a valid defense to civil (coercive) contempt. See Ex parte Rojo, 925 S.W.2d at 655; In re Gibbs, No. 01-15-00218-CV, 2015 WL 1778358 (Tex. App.—Houston [1st Dist.] Apr. 15, 2015, orig. proceeding) (mem. op.).
Voluntary Relinquishment of Child: An obligor may plead as an affirmative defense in whole or in part that the obligee voluntarily relinquished to the obligor the actual possession and control of a child. The relinquishment must have been for a period in excess of any court-ordered periods of possession and access, and actual support must have been supplied to the child by the obligor. Tex. Fam. Code § 157.008(a), (b); Curtis v. Curtis, 11 S.W.3d 466, 472 (Tex. App.—Tyler 2000, no pet.); Buzbee v. Buzbee, 870 S.W.2d 335, 339 (Tex. App.—Waco 1994, no writ). The obligor may also request reimbursement for the support, up to the amount previously ordered by the court, as a counterclaim or offset against the obligee’s claim. Tex. Fam. Code § 157.008(d), (e).
The parties to an enforcement action are ordinarily not entitled to a jury. Tex. Fam. Code § 9.005. Concerning the availability of a jury when contempt charges are in issue, see section 35.5:2 in this manual.
For a discussion of the Fifth Amendment privilege in a contempt proceeding, see section 35.5:5 in this manual.
[Sections 33.22 through 33.30 are reserved for expansion.]
§ 33.31Enforcement by Contempt
Any provision of a temporary or final order for child support is enforceable by contempt. Tex. Fam. Code § 157.001(b). The term temporary order, for this purpose, includes a temporary restraining order, standing order, injunction, and any other temporary order rendered by a court. Tex. Fam. Code § 157.001(e). The obligation that the law imposes on parents to support their children is not considered a debt, and imprisonment for violation of a court order is not imprisonment for debt in violation of the Texas Constitution. Williams v. State, 71 S.W.3d 862, 863–64 (Tex. App.—Texarkana 2002), rev’d on other grounds, 114 S.W.3d 920 (Tex. Crim. App. 2003).
For a comprehensive discussion of proceedings for enforcement by contempt, see chapter 35 of this manual.
An obligor’s ability to become current on child support payments by the time of the enforcement hearing has no impact on the trial court’s discretion to hold the obligor in contempt for past violations of the order. In re C.F., 576 S.W.3d 761, 771–72 (Tex. App.—Fort Worth 2019, orig. proceeding).
The movant has the burden to establish a prima facie case of child support arrearages. The ability to pay support is not an element of the offense of contempt. Ex parte Roosth, 881 S.W.2d 300, 301 (Tex. 1994) (orig. proceeding) (per curiam). Rather, it is an affirmative defense to an allegation of contempt or of violation of community supervision that the obligor lacked the ability to pay, borrow, or raise the support payments. Tex. Fam. Code § 157.008(c). The respondent must prove an affirmative defense by a preponderance of the evidence. Tex. Fam. Code § 157.006(b). Specific affirmative defenses are discussed in section 33.19 above.
[Sections 33.33 through 33.40 are reserved for expansion.]
If an order is not specific enough to be enforceable by contempt, a court, on the motion of either party or on its own motion, may render a clarifying order specific enough to be enforced by contempt. Tex. Fam. Code § 157.421(a), (b). The court may not change the substantive provisions of the order being clarified. Tex. Fam. Code § 157.423(a). The court may render a clarifying order before a motion for contempt is made or heard, in conjunction with a motion for contempt, or after denial of a motion for contempt. Tex. Fam. Code § 157.424. A clarifying order applies only prospectively for the purpose of contempt enforcement. Tex. Fam. Code § 157.425; see In re D.C., No 02-21-00051-CV, 2022 WL 3904702 (Tex. App.—Fort Worth Aug. 31, 2022, pet. filed) (mem. op.).
A reasonable time for compliance must be provided, after which the clarifying order may be enforced by contempt. Tex. Fam. Code § 157.426.
[Sections 33.42 through 33.50 are reserved for expansion.]
§ 33.51Unpaid Child Support as Judgment
A judgment for child support arrearage or a judgment for retroactive child support rendered under chapter 154 of the Family Code may be enforced by any means available for the enforcement of a judgment for debts or the collection of child support. The court shall render an order requiring that the obligor make periodic payments on the judgment, including by income withholding if the obligor is subject to income withholding. Such an order does not preclude or limit the use of any other means of enforcing the judgment. Tex. Fam. Code § 157.264.
A child support payment not timely made constitutes a final judgment for the amount due and owing, including interest. Interest begins to accrue on the date the judge signs the order for the judgment unless the order states that it is rendered on another specific date. Tex. Fam. Code § 157.261.
A money judgment may be subject to a counterclaim or offset for actual support provided to the child during a time when the obligee voluntarily relinquished the child to the obligor, and that amount is limited to the periodic payment previously ordered. Tex. Fam. Code § 157.008(d), (e). These reimbursement remedies of offset or counterclaim are alternative, not cumulative. Whether the obligor is entitled to an offset or reimbursement will depend on whether the obligor continued to pay the court-ordered support obligation during all or part of the period of excess possession. If support was paid during this period, the obligor must seek reimbursement; if it was not, the obligor must ask for an offset. In re A.M., 192 S.W.3d 570, 574 (Tex. 2006).
In addition to any other credit or offset available to an obligor, 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 child’s representative payee, the obligor is entitled to a credit. This credit is equal to the amount of the lump-sum payment and is to 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. Tex. Fam. Code § 157.009.
§ 33.53Confirmation of Arrearages
The court shall confirm the amount of arrearages and render separate cumulative judgments concerning child support, medical support, and dental support. Tex. Fam. Code § 157.263(a). Each cumulative judgment must include the amount of the unpaid support not previously confirmed unpaid, the balance owed on previously confirmed arrearages or lump-sum or retroactive support judgments, and interest on the arrearages, and each order must state that it is a cumulative judgment for the amount and type of support involved. Tex. Fam. Code § 157.263(b)–(b–2). In rendering a money judgment, the court may not reduce or modify the amount of arrearages. Tex. Fam. Code § 157.263(b–3); In re W.M., 587 S.W.3d 828, 831 (Tex. App.—El Paso 2019, no pet.). The court should order child support arrears to be fully paid by income withholding not more than two years after judgment unless the obligor demonstrates such payment schedule would create an unreasonable hardship. Tex. Fam. Code §§ 158.003, 158.007; see Harmon v. Sutton, No. 01-20-00147-CV, 2021 WL 6119464 (Tex. App.—Houston [1st Dist.] Dec. 28, 2021, no pet.) (mem. op.).
The trial court’s discretion is very limited when it comes to calculating child support arrearages. The trial court’s calculation must be based on the payment evidence presented, not the trial court’s assessment of what is fair or reasonable. Chenault v. Banks, 296 S.W.3d 186, 189–90 (Tex. App.—Houston [14th Dist.] 2009, no pet.); see also Walker v. Walker, 642 S.W.3d 196, 211 (Tex. App.—El Paso 2021, no pet.).
However, in confirming that amount, the court may allow a counterclaim or offset as provided by Family Code title 5. Tex. Fam. Code § 157.263(b–3). (See section 33.52 above.) There must be evidence to support the court’s specific finding of arrearages. Granado v. Meza, 398 S.W.3d 193 (Tex. 2013) (per curiam).
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 title 42, section 664, of the United States Code and the amount of that credit is later reduced because the refund was adjusted, the court shall render a new cumulative judgment to include as arrearages an amount equal to the amount by which the credit was reduced. Tex. Fam. Code § 157.263(c).
The cumulative judgment may be enforced by any means available for the enforcement of a judgment for debts or the collection of child support. The court must render an order requiring the obligor to make periodic payments on the judgment, including by income withholding if the obligor is subject to income withholding. Such an order does not preclude or limit the use of any other means of enforcing the judgment. Tex. Fam. Code § 157.264. An order enforcing the judgment through withholding must comply with the requirements of Family Code chapter 158. In rendering a cumulative judgment for arrearages, the court must order that a reasonable amount of income be withheld from the obligor’s disposable earnings to be applied toward satisfaction of the judgment. Tex. Fam. Code § 158.005.
The Texas Estates Code provides class-four priority for claims against an estate of a decedent for the principal amount of and accrued interest on delinquent child support and child support arrearages that have been confirmed and reduced to money judgment under subchapter F, chapter 157, of the Family Code, as well as for claims for unpaid child support obligations under section 154.015 of the Family Code. Tex. Est. Code § 355.102.
The use of a QDRO to collect a child support arrearage confirmed five years earlier is an authorized enforcement remedy. A writ of execution or garnishment is not necessary, and collateral estoppel principles do not apply. In re M.S., No. 05-18-00536-CV, 2019 WL 2912235, at *2 (Tex. App.—Dallas 2019, no pet.) (mem. op.).
§ 33.54Retention 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, medical support, dental support, and child support arrearages, including interest and any applicable fees and costs, have been paid. Tex. Fam. Code § 157.269.
The ten-year dormancy statute does not apply to a judgment for child support under the Family Code, regardless of when the judgment was rendered. Tex. Civ. Prac. & Rem. Code § 34.001(c); see In re S.H., No. 05-17-00336-CV, 2018 WL 3751297, at *5 (Tex. App.—Dallas Aug. 8, 2018, no pet.) (mem. op.); Taylor v. Speck, 308 S.W.3d 81 (Tex. App.—San Antonio 2010, no pet.).
§ 33.55Enforcement of Medical or Dental Support Order
An amount that an obligor is ordered to pay as medical support or dental support for a child is a child support obligation and may be enforced by any means available for the enforcement of child support. Tex. Fam. Code § 154.183(a); see Morales v. Rice, 388 S.W.3d 376, 384 (Tex. App.—El Paso 2012, no pet.). Expenses related to inpatient therapeutic programs and residential treatment facilities may qualify as health-care expenses. Loras v. Mitchell, No. 03-11-00028-CV, 2012 WL 2979057, at *6 (Tex. App.—Austin July 12, 2012, no pet.) (mem. op.).
An order for the payment of unreimbursed health-care expenses is enforceable as child support. In In re C.C.E., the court entered judgment for the arrears and found that the parent had waived the right to receive an explanation of benefits for health-care expenses by historically reimbursing the obligee without receiving such documentation. In re C.C.E., No. 04-20-00416-CV, 2021 WL 3173913, at *5 (Tex. App.—San Antonio July 28, 2021, no pet. h.) (mem. op.); see also Smith v. Smith, No. 14-18-00583-CV, 2021 WL 4472464 (Tex. App.—Houston [14th Dist.] Sept. 30, 2021, no pet.) (mem. op.) (discussing enforcement of order for payment of uninsured medical expenses and health insurance premiums).
[Sections 33.56 through 33.60 are reserved for expansion.]
V. Withholding from Earnings for Child Support
In a proceeding in which child support is enforced, the court or the title IV-D agency must order that income be withheld from the obligor’s disposable earnings as provided by subchapter A of chapter 158 of the Family Code. Tex. Fam. Code § 158.001.
Except in a title IV-D case, the court may provide, for good cause shown or on agreement of the parties, that the withholding order need not be issued or delivered to an employer until the obligor has been in arrears for an amount due for more than thirty days, the amount of the arrearages is an amount equal to or greater than the amount due for a one-month period, or any other violation of the child support order has occurred. Tex. Fam. Code § 158.002.
If current support is no longer owed, the court or title IV-D agency shall order that income be withheld for arrearages, including accrued interest, in an amount sufficient to discharge those arrearages in not more than two years. Tex. Fam. Code § 158.004. However, the court or agency may extend the payment period for a reasonable length of time if it finds that the two-year repayment schedule would cause the obligor, the obligor’s family, or children for whom support is due from the obligor to suffer unreasonable hardship. Tex. Fam. Code § 158.007. If the record does not provide an adequate factual basis to support a court’s finding of “unreasonable hardship,” the court will abuse its discretion by permitting an obligor to pay off arrearages over a period of more than two years. In re D.C., 180 S.W.3d 647, 653 (Tex. App.—Waco 2005, no pet.).
An order of withholding has priority over any garnishment, attachment, execution, or other assignment or order affecting disposable earnings. Tex. Fam. Code § 158.008.
In addition to withholdings for current support, an additional amount must be withheld to liquidate child support arrearages. The additional amount must be an amount sufficient to discharge the arrearages in not more than two years or an additional 20 percent, whichever would discharge the arrearages sooner. Tex. Fam. Code § 158.003. The maximum amount that may be withheld is 50 percent of the obligor’s disposable earnings. Tex. Fam. Code § 158.009. The court or the title IV-D agency may extend the repayment time to avoid unreasonable hardship to the obligor, the obligor’s family, or children for whom support is due from the obligor. Tex. Fam. Code § 158.007.
An order or writ for income withholding under chapter 158 may be issued until all current support and child support arrearages, interest, and any applicable fees and costs, including ordered attorney’s fees and court costs, have been paid. Tex. Fam. Code § 158.102; see Khaligh v. Khaligh, No. 01-18-01119-CV, 2020 WL 4006445, at *2 (Tex. App.—Houston [1st Dist.] July 16, 2020, no pet.) (mem. op.).
An administrative writ of withholding may be issued by the title IV-D agency at any time until all child support arrears are paid and may be based on obligations in more than one support order. Tex. Fam. Code § 158.502(a). The statute does not limit the issuance to cases of uncontested child support arrears. See Isaacs v. Isaacs, 338 S.W.3d 184, 190 (Tex. App.—Houston [14th Dist.] 2011, pet. denied). Issuance of a writ is not frivolous or unreasonable simply because the arrearages are disputed and not yet adjudicated by a court. In re T.L., 316 S.W.3d 78, 88 (Tex. App.—Houston [14th Dist.] 2010, pet. denied).
Neither section 157.005(b) of the Family Code nor the dormancy statute (Tex. Civ. Prac. & Rem. Code § 34.001) is a defense to the determination of child support arrearages and the issuance of a judicial writ of withholding. The defense of laches is likewise not available as a defense to a judicial writ of withholding. In re D.W.G., 391 S.W.3d 154, 160–61, 166 (Tex. App.—San Antonio 2012, no pet.).
§ 33.64Form and Contents of Order
The requirements for the form and contents of the order for income withholding are discussed in chapter 9 of this manual.
§ 33.65Notice and Writ of Withholding
If a delinquency occurs in child support payments in an amount equal to or greater than the total support due for one month or if income withholding was not ordered at the time child support was ordered, a notice of application for judicial writ of withholding may be filed in the court of continuing jurisdiction and delivered to the obligor. Tex. Fam. Code §§ 158.301, 158.306. Procedures related to the notice of withholding and the writ of withholding that may be issued thereafter are discussed in chapter 9 of this manual.
[Sections 33.66 through 33.70 are reserved for expansion.]
The court may order the respondent to execute a bond or post security if the respondent is employed by an employer not subject to the jurisdiction of the court or for whom income withholding is unworkable or inappropriate. The amount of the bond or security is set by the court and conditioned on the payment of past-due and future child support. The bond or security deposit is to be payable through the registry of the court to the obligee or other person or entity entitled to support payments. Tex. Fam. Code § 157.109.
On motion of a person or entity for whose benefit the bond or security was ordered, 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 has failed to make child support payments. The court must order the registry to pay the funds from a forfeited bond or security deposit to the obligee or person entitled to receive child support payments in an amount that does not exceed the child support arrearages. All or part of the forfeited amount may be ordered applied to pay attorney’s fees and costs incurred in bringing the motion for contempt or motion for forfeiture. Tex. Fam. Code § 157.110.
A motion for contempt may be joined with a forfeiture proceeding. Tex. Fam. Code § 157.112. The forfeiture of bond or security is not a defense in a contempt proceeding. Tex. Fam. Code § 157.111.
[Sections 33.73 through 33.75 are reserved for expansion.]
VII. QDRO for Payment of Child Support
§ 33.76QDRO for Payment of Child Support Generally
The court that rendered an order for the payment of child support, or the court that obtains jurisdiction to enforce a child support order under chapter 159 of the Family Code, has continuing jurisdiction to render enforceable qualified domestic relations orders or similar orders (QDROs) permitting payment of pension, retirement plan, or other employee benefits to an alternate payee or other lawful payee to satisfy amounts due under the child support order. Tex. Fam. Code § 157.501(a).
For a discussion of the use of QDROs for the payment of child support, see chapter 25 of this manual.
[Sections 33.77 through 33.80 are reserved for expansion.]
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. Tex. Fam. Code § 157.312(d). The amount “due and owing” includes retroactive child support ordered to be paid, regardless of whether the obligor is current on the court-ordered payout schedule. In re R.C.T., 294 S.W.3d 238 (Tex. App.—Houston [14th Dist.] 2009, pet. denied).
Generally, a party may enforce a child support order by lien for all amounts of child support due and owing, including interest, regardless of whether the amounts have been adjudicated or otherwise determined. See In re C.A.T., 316 S.W.3d 202 (Tex. App.—Dallas 2010, no pet.). The fact that an obligor is complying with a court-ordered payment schedule does not preclude the use of a child support lien to enforce the arrearage. In re C.A.T., 316 S.W.3d at 210–11.
A child support lien notice or an abstract of judgment for past-due child support may be filed 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. Tex. Fam. Code § 157.314(a).
The protections afforded debtors by section 42.005 of the Texas Property Code do not apply to child support obligors because the obligation to support one’s child is not a debt. This is true even if the arrearages have been reduced to a judgment that is enforceable in the same way as a judgment for debt. Dryden v. Dryden, 97 S.W.3d 863, 865–66 (Tex. App.—Corpus Christi–Edinburg 2003, pet. denied).
A lien arises without action by a court, but the lien notice must contain the date and manner in which the arrearages were determined. Tex. Fam. Code § 157.313(a)(5). See Herzfeld v. Herzfeld, 285 S.W.3d 122 (Tex. App.—Dallas 2009, no pet.).
A child support lien notice may be filed with or delivered to (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 a copy is mailed to the obligor’s attorney of record, if any); (2) an attorney who represents the obligor in a claim or counterclaim that has not been filed; (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 indicia of property ownership. Tex. Fam. Code § 157.314(b).
Service of a child support lien notice on a financial institution is governed by section 59.008 of the Finance Code, if appropriate, or may be delivered to the registered agent, the institution’s main business office in Texas, or another address provided by the financial institution under Family Code section 231.307. Tex. Fam. Code § 157.3145(a). If a child support lien notice is sent 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 arrearages identified in the notice. Tex. Fam. Code § 157.314(d).
Within twenty-one days after filing or delivering the child support lien notice, the claimant shall send a copy of the lien notice to the obligor at the obligor’s last known address and to any other person known to have an ownership interest in the property subject to the lien. Tex. Fam. Code § 157.314(c).
§ 33.82Perfection of Child Support Lien and Property to Which Lien Attaches
Usually, a child support lien is perfected when an abstract of judgment for past-due child support or child support lien notice is filed or delivered as provided in Family Code section 157.314. Tex. Fam. Code § 157.316(a). Special requirements for perfection of a lien on a motor vehicle are provided in Family Code section 157.316(b).
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; (3) the proceeds of an insurance policy, including the proceeds from a life insurance policy or annuity contract and the proceeds from the sale or assignment of life insurance or annuity benefits, a claim for compensation, or a settlement or award for the claim for compensation, due to or owned by the obligor; (4) property seized and subject to forfeiture under chapter 59 of the Texas Code of Criminal Procedure; and (5) the proceeds derived from the sale of oil or gas production from an oil or gas well located in Texas. 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. Tex. Fam. Code § 157.317(a), (a–1).
A child support lien may not be directed to an employer to attach to the disposable earnings of an obligor paid by the employer. Tex. Fam. Code § 157.312(g). However, this provision does not prevent filing of a child support lien on a self-employed obligor’s bank account containing the obligor’s disposable earnings. In re C.A.T., 316 S.W.3d 202, 208–09 (Tex. App.—Dallas 2010, no pet.).
COMMENT: There is no distinction between an obligor using his own name in a sole proprietorship and one doing business as some other named business.
Homestead: An obligor who believes that a child support lien has attached to real property that is the obligor’s homestead may file an affidavit to release the lien, and the claimant under the lien may dispute the obligor’s affidavit by filing a contradicting affidavit. The requirements of Property Code section 52.0012 generally apply. If the obligor follows the required procedures and no contradicting affidavit is filed, the obligor’s affidavit serves as a release of record of the lien. If the claimant files a contradicting affidavit, the issue of whether the property is subject to the lien must be resolved in an action in district court. Tex. Fam. Code § 157.3171; see Tex. Prop. Code § 52.0012.
§ 33.83Effect of Lien Notice; Duration and Effect of Lien
A person with actual notice of a properly filed lien who possesses nonexempt personal property of the obligor that may be subject to the lien may not pay over, release, sell, transfer, encumber, or convey the property unless a release of lien signed by the claimant is delivered to the person or unless the court, after notice and hearing, orders the release of the lien because arrearages do not exist. A person having notice of a child support lien who violates this provision may be joined as a party to a foreclosure action and is subject to the remedies of subchapter G of Family Code chapter 157. A child support lien does not affect the validity or priority of a lien of a health-care provider, a lien for attorney’s fees, a lien of a holder of a security interest, or the assignment of rights or subrogation of a claim under title XIX of the federal Social Security Act. Tex. Fam. Code § 157.319.
A lien is generally effective until all current child support and child support arrearages, including interest, any costs and reasonable attorney’s fees, and any title IV-D service fees for which the obligor is responsible have been paid or the lien has been released. The lien secures payment of all child support arrearages owed under the underlying child support order, including arrearages that accrue after the lien notice was filed or delivered as provided by Family Code section 157.314. Tex. Fam. Code § 157.318(a), (b).
A lien on real property is effective for only ten years from the date it was filed but can be renewed for subsequent ten-year periods. Tex. Fam. Code § 157.318(d).
§ 33.84Priority of Lien as to Real Property
A lien created for child support arrearages does not have priority over a lien or conveyance recorded before the child support lien notice is recorded, but it has priority over any lien or conveyance recorded after the lien notice is recorded. An obligor’s conveyance of real property after proper recording of the notice does not impair enforceability of the lien against the property. A lien created for child support is subordinate to a vendor’s lien retained in a conveyance to the obligor. Tex. Fam. Code § 157.320.
A lien that is renewed by notice filed before the tenth anniversary of the original filing of the lien retains priority from the date the original lien notice was filed. A renewed lien notice filed on or after the ten-year anniversary date has priority only on the basis of the date the renewed lien notice is filed. Tex. Fam. Code § 157.318(d).
§ 33.85Contents of Lien Notice
Unless the notice of a child support lien is in a form authorized by federal law or regulation, 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 court 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 Texas, 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 Family Code section 157.323. Tex. Fam. Code § 157.313(a), (e). If the lien is on real property, the requirements in items (3) and (4) above to provide a Social Security number do not apply. Tex. Fam. Code § 157.313(f).
The notice must generally be verified and may include any other information the claimant considers necessary. Tex. Fam. Code § 157.313(b), (c). The notice may be in a form authorized by federal law. When used by the title IV-D agency, the form need not be verified. Tex. Fam. Code § 157.313(e).
A claimant must file a notice for each after-acquired motor vehicle. Tex. Fam. Code § 157.313(d).
§ 33.86Release of Lien; Release of Excess Funds
When the full amount of child support due, plus costs and reasonable attorney’s fees, is paid, the lien must be released. The release of the child support lien is effective when filed with the county clerk with whom the lien notice or abstract of judgment was filed or when delivered to any other individual or organization that may have been served with a lien notice. Tex. Fam. Code § 157.322. The Family Code also provides for release of a lien on all or part of the obligor’s property at the claimant’s discretion. See Tex. Fam. Code § 157.321. Procedures for the release of excess funds are contained in section 157.325 of the Family Code. See Tex. Fam. Code § 157.325.
A child support lien filed by the title IV-D agency may not be released without notice to the title IV-D agency and a hearing. See In re O.A.G., No. 13-20-00133-CV, 2020 WL 1951544, at *4–6 (Tex. App.—Corpus Christi–Edinburg Apr. 23, 2020, orig. proceeding) (mem. op.).
Release of Lien on Homestead: An obligor who believes that the lien has attached to real property that is the obligor’s homestead may file an affidavit to release the lien and send a letter and a copy of the affidavit to the claimant’s last known address. The claimant may file a controverting affidavit. The requirements of Property Code section 52.0012 apply, with certain qualifications. If those requirements are met, the obligor’s affidavit serves as a release of record of the lien unless a controverting affidavit is filed. In the latter event, the issue of whether the real property is subject to the lien must be resolved in a district court action. Tex. Fam. Code § 157.3171; see Tex. Prop. Code § 52.0012.
§ 33.87Foreclosure or Suit to Determine Arrearages
An action to foreclose a lien for child support, to dispute the amount of the arrearages stated in the lien, or to resolve issues of ownership interest with respect to property subject to a child support lien may be brought in (1) the court in which the lien notice was filed, (2) the district court of the county where the property is or was located and where the lien was filed, or (3) the court of continuing jurisdiction. The procedures in Family Code chapter 157, subchapter B, apply, but a person or organization in possession of property of the obligor or known to have an ownership interest in property that is subject to the lien may be joined as an additional respondent. If the obligor owes an arrearage, the court shall render judgment against the obligor for the amount due, plus costs and reasonable attorney’s fees, order levy of execution, or order an individual or organization in possession of nonexempt personal property or cash of the obligor to dispose of the property as the court directs. Requirements for publication of notice are described in section 157.323(d). See Tex. Fam. Code § 157.323.
§ 33.88Liability for Failure to Comply with Lien
A person who knowingly disposes of property subject to a child support lien or who, after a foreclosure hearing, fails to surrender on demand nonexempt personal property as directed by a court under Family Code chapter 157, subchapter G, is liable to the claimant in an amount equal to the value of the property disposed of or not surrendered, not to exceed the amount of the child support arrearages for which the lien or foreclosure judgment was issued. Tex. Fam. Code § 157.324.
§ 33.89Interest of Obligor’s Spouse or Another Person Having Ownership Interest
An obligor’s spouse or another person having an ownership interest in property that is subject to a child support lien may file suit under Family Code section 157.323 to determine the extent, if any, of the spouse’s or other person’s interest in real or personal property subject to a lien or foreclosure. Tex. Fam. Code § 157.326(a).
If the court finds after notice and hearing that the property is the separate property of the obligor’s spouse or the other person, the court shall order that the lien against the property be released and that any action to foreclose on it be dismissed. If the court finds that the property is jointly owned by the obligor and obligor’s spouse, the court shall determine whether the sale of the obligor’s interest would cause unreasonable hardship on the obligor’s spouse or family. If so, the court is to render an order that the obligor’s interest in the property not be sold and that the lien against the property be released. If the court finds that the sale would not cause hardship, the court shall partition the property and order that the property be sold and the proceeds applied to the child support arrearage. If the court finds that the property is owned in part by another person, other than the obligor’s spouse, the court shall render an order partitioning the property and directing that the obligor’s share of the property be applied to the child support arrearages. Tex. Fam. Code § 157.326(b).
The treatment of the same piece of real property as a homestead with respect to the obligor’s spouse but as nonhomestead property with respect to the obligor is legally impossible, and a child support lien filed against such property is void. Salomon v. Lesay, 369 S.W.3d. 540, 556 (Tex. App.—Houston [1st Dist.] 2012, no pet.).
The spouse or other person claiming an ownership interest in the property subject to the lien has the burden to prove the extent of that ownership interest. Tex. Fam. Code § 157.326(c).
§ 33.90Levy on Financial Assets of Obligor
If a judgment or administrative determination of arrearages has been rendered, a claimant may deliver a notice of levy to any financial institution possessing or controlling assets or funds owned by, or owed to, an obligor and subject to a child support lien, including a lien for child support arising in another state. Tex. Fam. Code § 157.327(a).
The notice of levy must (1) identify the amount of child support arrearages owing at the time the amount of arrearages was determined or, if the amount is less, the amount of arrearages owing at the time the notice is prepared and delivered to the financial institution and (2) direct the financial institution to pay to the claimant, not earlier than the fifteenth day or later than the twenty-first day after the date of delivery of the notice, an amount from the assets of the obligor or from funds due to the obligor that are held or controlled by the institution, not to exceed the amount of the child support arrearages identified in the notice, unless (a) the financial institution is notified by the claimant that the obligor has paid or made satisfactory arrangements for the payment of the arrearages, (b) the obligor or another person files a suit under Family Code section 157.323 requesting a hearing by the court, or (c) if the claimant is the title IV-D agency, the obligor has requested an agency review under Family Code section 157.328. Tex. Fam. Code § 157.327(b).
The notice of levy may be delivered to a financial institution as provided by section 59.008 of the Finance Code if applicable or may be delivered to the registered agent, the financial institution’s main business office in Texas, or another address provided by the institution under Family Code section 231.107. Tex. Fam. Code § 157.327(e).
A financial institution receiving a notice of levy may not close an account or permit a withdrawal from any account owned by the obligor or pay funds to the obligor so that the amount remaining in the account is less than the amount of the arrearages identified in the notice, plus fees due the institution and any costs of the levy identified by the claimant. Tex. Fam. Code § 157.327(c). The financial institution may deduct those fees and costs from the obligor’s assets before paying the appropriate amount to the claimant. Tex. Fam. Code § 157.327(f).
On receipt of the notice of levy, the financial institution shall notify any other person having an ownership interest in an account in which the obligor has an ownership interest that the account has been levied on. Tex. Fam. Code § 157.327(d).
Unless probate proceedings relating to the estate of a deceased obligor in a title IV-D case have commenced, the title IV-D agency may, not earlier than the ninetieth day after the date of death, deliver a notice of levy to a financial institution in which the obligor was the sole owner of an account, regardless of whether the title IV-D agency has issued a child support lien notice regarding the account. Tex. Fam. Code § 157.3271(a), (b). The notice of levy must identify the amount of child support arrearages determined by the agency to be owing and unpaid by the obligor on the date of the obligor’s death and direct the financial institution to pay to the agency, not earlier than the forty-fifth day or later than the sixtieth day after the date of delivery of the notice, an amount from the assets of the obligor or from funds due to the obligor that are held or controlled by the institution, not to exceed the amount of the child support arrearages identified in the notice. Tex. Fam. Code § 157.3271(c).
Not later than the thirty-fifth day after the date of delivery of the notice, the financial institution must notify any other person asserting a claim against the account that the account has been levied on for child support arrearages in the amount shown on the notice of levy and that the person may contest the levy by filing suit and requesting a court hearing in the same manner that a person may challenge a child support lien under Code section 157.323. Tex. Fam. Code § 157.3271(d). A person who contests a levy may bring the suit in the district court of the county in which the property is located or in which the obligor resided or in the court of continuing jurisdiction. Tex. Fam. Code § 157.3271(e). The notice of levy may be delivered to a financial institution as provided by section 59.008 of the Texas Finance Code if the institution is subject to that law, or it may be delivered to the registered agent, the institution’s main business office in Texas, or another address provided by the institution under Family Code section 231.307. Tex. Fam. Code § 157.3271(f). A financial institution may deduct its fees and costs from the deceased obligor’s assets before paying the appropriate amount to the agency. Tex. Fam. Code § 157.3271(g).
At the time the notice of levy under Code section 157.327 is delivered to a financial institution, the claimant shall serve the obligor with a copy of the notice. The notice to the obligor must inform the obligor that (1) the claimant will not proceed with levy if, not later than the tenth day after the date of receipt of the notice, the obligor either pays the arrearages in full or makes acceptable arrangements with the claimant for payment of the same and (2) the obligor may contest the levy by filing suit under Family Code section 157.323 not later than the tenth day after the date of receipt of the notice. The notice to the obligor may be delivered to the last known address of the obligor by first-class mail, certified mail, or registered mail. Tex. Fam. Code § 157.328(a), (b), (d).
A financial institution has no liability to the obligor or any other person for compliance with a notice of levy. However, a person who refuses to surrender the property or right to property to the claimant on demand is liable to the claimant in an amount equal to the value of the property or right to property not surrendered in an amount that does not exceed the amount of the child support arrearages, as well as costs and reasonable attorney’s fees. See Tex. Fam. Code §§ 157.329, 157.330.
If the property or right to property on which a notice of levy has been filed does not produce enough money to satisfy the child support arrearages identified in the notice of levy, the claimant may levy on other property of the obligor until the total amount of child support due is paid. Tex. Fam. Code § 157.331.
§ 33.91Claim against Abandoned Property
A claim under a child support lien may be made against property that has been presumed abandoned and has been delivered to the state comptroller under section 74.301 of the Texas Property Code.
The comptroller may approve a claim of the attorney general or other title IV-D agency for child support arrearages owed by the reported owner of the property that is reflected in a child support lien notice that complies with Family Code section 157.313. Tex. Prop. Code § 74.501(f); see Tex. Fam. Code § 157.313.
If a claim is filed in the prescribed manner, found valid, and approved, the comptroller must pay a claim for money; if the claim is for personal property other than money, the comptroller must deliver the property or, if the property has been sold, pay the proceeds from its sale. See Tex. Prop. Code § 74.501.
[Sections 33.92 through 33.94 are reserved for expansion.]
IX. Accrual of Interest on Child Support
§ 33.95Accrual of Interest on Child Support Generally
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 6 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. The 6 percent rate applies to a child support payment that becomes due on or after January 1, 2002. Child support arrearages in existence before January 1, 2002, that were not confirmed and reduced to a money judgment on or before that date accrue interest under a different formula: (1) before January 1, 2002, the arrearages are subject to the interest rate that applied to them before that date; (2) on and after January 1, 2002, the cumulative total of arrearages and interest accumulated on those arrearages described in (1) is subject to the 6 percent rate. Tex. Fam. Code § 157.265(a), (d), (e).
Interest accrues on child support arrearages that have been confirmed and reduced to money judgment and on a money judgment for retroactive or lump-sum child support at the rate of 6 percent simple interest per year from the date the order is rendered until the judgment is paid. Interest accrues on a money judgment for retroactive or lump-sum child support at the annual rate of 6 percent simple interest from the date the order is rendered until the judgment is paid. These provisions apply only to a money judgment for child support rendered on or after January 1, 2002; such a judgment rendered before that date is governed by the law in effect when the judgment was rendered. Tex. Fam. Code § 157.265(b), (c), (f).
However, unpaid child support obligations that accrued before January 1, 2002, and were not confirmed and reduced to judgment as of January 1, 2002, are subject to a 12 percent interest rate until January 1, 2002. After that date, interest begins accruing on those unpaid obligations at the new 6 percent rate. In re M.C.C., 187 S.W.3d 383 (Tex. 2006) (per curiam).
A child support payment is delinquent for the purpose of accrual of interest if the payment is not received before the thirty-first day after the payment date stated in the order by the local registry, the title IV-D agency, or the state disbursement unit or, if payments are not made through a registry, by the obligee or entity specified in the order. If a payment date is not stated in the order, a 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. Tex. Fam. Code § 157.266.
A court that confirms the amount of child support in arrears shall include in one cumulative money judgment all prior arrearages, whether or not previously confirmed, and interest on the arrearages. It is error for a court to fail to award interest when confirming an arrearage. Herzfeld v. Herzfeld, 285 S.W.3d 122 (Tex. App.—Dallas 2009, no pet.). It is also error for a court to award interest on child support arrearages in an amount other than 6 percent. Walker v. Walker, 642 S.W.3d 196, 212 (Tex. App.—El Paso 2021, no pet.).
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 title 42, section 664, of the United States Code and the amount of that credit is later reduced because the refund was adjusted, the court shall render a new cumulative judgment to include as arrearages an amount equal to the amount by which the credit was reduced. Tex. Fam. Code § 157.263(c).
Accrued interest is part of the child support obligation and may be enforced by any means provided for the collection of child support. Tex. Fam. Code § 157.267. An amount collected in excess of current child support and nondelinquent child support owed shall be applied, first, to the principal amount of child support that has not been confirmed and reduced to money judgment; second, to the principal amount of child support that has been confirmed and reduced to money judgment; third, to interest on delinquent child support that has not been confirmed and reduced to judgment and on delinquent child support that has been so confirmed and reduced to judgment; and, finally, to any ordered attorney’s fees or costs or title IV-D service fees for which the obligor is responsible. Tex. Fam. Code § 157.268.
[Sections 33.96 through 33.100 are reserved for expansion.]
X. Ineligibility for State Grants, Loans, and Bids
§ 33.101Ineligibility for State Funds Generally
A child support obligor who is thirty or more days delinquent in paying child support is not eligible to receive payments from state funds under a contract to provide property, materials, or services or to receive a state-funded grant or loan. If such a delinquent obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent of a business entity, that entity is similarly ineligible. Tex. Fam. Code § 231.006(a).
A delinquent obligor (or related business entity) remains ineligible to receive payments until all arrearages have been paid, the obligor is in compliance with a written repayment agreement or court order concerning any existing delinquency, or the court of continuing jurisdiction over the child support order has granted the obligor an exemption as part of a court-supervised effort to improve earnings and child support payments. Tex. Fam. Code § 231.006(b).
A bid or application for a contract, grant, or loan must contain the name and Social Security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application. Tex. Fam. Code § 231.006(c). Section 231.006 further requires a specified statement that the person or entity is not ineligible and provides for termination of the contract and liability if the bidder or applicant is ineligible. See Tex. Fam. Code § 231.006(d). A state agency may accept a bid that does not include the information required under section 231.006(c) if the state agency collects the information before the contract, grant, or loan is executed. Tex. Fam. Code § 231.006(j).
[Sections 33.102 through 33.110 are reserved for expansion.]
XI. Suspension of License for Failure to Pay Child Support
A court or the title IV-D agency may issue an order suspending a license if an individual who is an obligor owes overdue child support in an amount equal to or greater than the total support due for three months under a support order, has been provided an opportunity to make payments toward the overdue child support under court-ordered or agreed repayment schedule, and has failed to comply with the repayment schedule. Tex. Fam. Code § 232.003(a); In re C.G., 261 S.W.3d 842 (Tex. App.—Dallas 2008, no pet.). Amounts due and owing under a judgment for retroactive child support are not “overdue” and cannot be enforced by license suspension unless payments are not made by the dates ordered. In re A.R.G., 645 S.W.3d 789, 796–97 (Tex. App.—San Antonio 2022, no pet.).
A court or the title IV-D agency may issue an order suspending a license if a parent or alleged parent has failed to comply with a subpoena after receiving appropriate notice. Tex. Fam. Code § 232.003(b).
An “order suspending license” is an order issued by the title IV-D agency or a court directing a licensing authority to suspend or refuse to renew a license. Tex. Fam. Code § 232.001(3).
“License” means a license, certificate, registration, permit, or other authorization that (1) is issued by a licensing authority; (2) is subject before expiration to renewal, suspension, revocation, forfeiture, or termination by a licensing authority; and (3) a person must obtain to (a) practice or engage in a particular business, occupation, or profession; (b) operate a motor vehicle on a public highway in Texas; or (c) engage in any other regulated activity, including hunting, fishing, or other recreational activity for which a license or permit is required. Tex. Fam. Code § 232.001(1).
Unless otherwise restricted or exempted, all licensing authorities are subject to the Family Code provisions regarding license suspension. Tex. Fam. Code § 232.002. A “licensing authority” is an agency of the state or a political subdivision of the state that issues or renews a license or that otherwise has authority to suspend or refuse to renew a license. Tex. Fam. Code § 232.001(2).
“Renewal” of a license means any instance when a licensing authority renews, extends, recertifies, or reissues a license or periodically certifies a licensee to be in good standing based on the required payment of fees or dues or the performance of some other mandated action or activity. Tex. Fam. Code § 232.001(3–a).
§ 33.112Petition for Suspension of License
A child support agency or obligee may file a petition to suspend a license of an obligor who has an arrearage equal to or greater than the total support due for three months under a support order. In proceedings other than a title IV-D case, the petition shall be filed in the court of continuing jurisdiction or the court in which a child support order has been registered under the terms of the Uniform Interstate Family Support Act, which is codified as chapter 159 of the Family Code. Tex. Fam. Code § 232.004(a), (c).
A petition to suspend a license for failure to pay child support must state that the license suspension is required under Family Code section 232.003 and allege (1) the name and, if known, Social Security number of the individual; (2) the name of the licensing authority that issued a license the individual is believed to hold; and (3) the amount of arrearages owed under the child support order or the facts associated with the individual’s failure to comply with a subpoena. The petition may include a copy of the record of child support payments maintained by the title IV-D agency or local registry or the subpoena with which the individual has failed to comply and proof of its service. Tex. Fam. Code § 232.005.
The first numbered paragraph of the petition must include an allegation of the intended discovery level. Tex. R. Civ. P. 190.1.
When a petition to suspend a license is filed, the clerk of the court or the title IV-D agency must deliver to the obligor notice of the obligor’s right to a hearing before the court or agency, notice of the deadline for requesting a hearing, and a hearing request form if the proceeding is a title IV-D case. The notice must contain the statement prescribed in section 232.006(c). Notice may be served as in civil cases generally or, if the party has been ordered under chapter 105 of the Family Code to provide the court and registry with the party’s current mailing address, by mailing a copy of the notice and of the petition to the respondent by first-class mail to the last mailing address on file with the court and registry. Tex. Fam. Code § 232.006.
§ 33.115Hearing on Petition to Suspend License
A request for a hearing and a motion to stay suspension must be filed with the court or title IV-D agency by the individual not later than the twentieth day after the date of service of the notice. If a request for a hearing is filed, the court or agency must promptly schedule a hearing; notify each party of the date, time, and location of the hearing; and stay suspension pending the hearing. Tex. Fam. Code § 232.007(a), (b).
§ 33.116Order Suspending License
On making the findings required by Family Code section 232.003 (see section 33.111 above), the court or title IV-D agency is required to enter an order suspending the license unless the individual proves that all arrearages and the current month’s support have been paid, shows good cause for failure to comply with the subpoena, or establishes an affirmative defense as provided by Family Code section 157.008(c). Tex. Fam. Code § 232.008(a). An order suspending a license for failure to pay overdue child support is not a contempt order and is therefore not subject to the two-year limitation found in section 157.005(a) for bringing a contempt action. In re A.R.G., 645 S.W.3d 789, 795 (Tex. App.—San Antonio 2022, no pet.).
The court or title IV-D agency may stay an order suspending a license if the individual agrees to a reasonable repayment schedule that is incorporated in the order or the requirements of a reissued and delivered subpoena. Such a stay may be granted only if the individual makes an immediate partial payment in an amount—at least $200—specified by the court or title IV-D agency. Tex. Fam. Code § 232.008(b)(1), (b)(2), (b–1). An order suspending a license with a stay of the suspension may not be served on the licensing authority unless the stay is revoked. Tex. Fam. Code § 232.008(c).
A final order suspending a license must be forwarded to the appropriate licensing authority by the clerk of the court or the title IV-D agency, and the obligor may be ordered not to engage in the licensed activity. Tex. Fam. Code § 232.008(d), (e).
The court or title IV-D agency may enter a default order if the court or agency determines that the individual failed to respond to the proper notice by requesting a hearing or appearing at a scheduled hearing. Tex. Fam. Code § 232.009.
§ 33.118Review of Final Administrative Order
An order issued by a title IV-D agency is a final agency decision and is subject to review under the substantial evidence rule as provided by chapter 2001 of the Texas Government Code. Tex. Fam. Code § 232.010.
§ 33.119Action by Licensing Authority
A licensing authority shall implement the terms of a final order suspending a license without additional review or hearing. A licensing authority may not modify, remand, reverse, vacate, or stay an order suspending a license and may not review, vacate, or reconsider the terms of a final order suspending a license. The licensing authority may not issue or renew any other license for the obligor until the court or title IV-D agency renders an order vacating or staying an order suspending a license. Tex. Fam. Code § 232.011(b), (c), (i).
The obligee, support enforcement agency, court, or title IV-D agency may file a motion to revoke the stay of an order suspending a license if the individual the subject of an order does not comply with the terms of reasonable repayment plan entered into by the individual or the requirements of a reissued subpoena. Notice may be given by personal service or by mail to the address provided by the individual in the order suspending a license. The notice must include a notice of hearing and must be provided to the individual not less than ten days before the date of the hearing. Tex. Fam. Code § 232.012(a), (b).
The motion to revoke stay must allege the manner in which the individual failed to comply with the repayment plan or the reissued subpoena. If the court or title IV-D agency finds that the individual is not in compliance with the terms of the repayment plan or reissued subpoena, the court or agency shall revoke the stay of the order suspending license and render a final order suspending license. Tex. Fam. Code § 232.012(c), (d).
§ 33.121Vacating or Staying Order
The court or title IV-D agency may render an order vacating or staying an order suspending an individual’s license if the individual has paid all delinquent support or established a satisfactory payment record or has complied with the requirements of a reissued subpoena, or if the court or title IV-D agency determines that good cause exists for vacating or staying the order. Tex. Fam. Code § 232.013(a)(1)(A), (a)(1)(B), (a)(2).
§ 33.122Denial of License Issuance or Renewal
A child support agency may give notice to a licensing authority about an obligor who has failed to pay child support under a support order for six months or more that requests the authority to refuse to approve an application for issuance of a license to the obligor or renewal of an existing license of the obligor. Tex. Fam. Code § 232.0135(a).
When the licensing authority receives that information, it must refuse to approve an application for such issuance or renewal until further notice from the child support agency. Tex. Fam. Code § 232.0135(b).
The child support agency must send a copy of the notice to the obligor and inform the obligor of the steps to take to permit the authority to approve the application. Tex. Fam. Code § 232.0135(c).
An obligor receiving the notice may request a review by the child support agency to resolve any dispute regarding the obligor’s identity or the existence or amount of the arrearages. If the dispute is not resolved, the obligor may, within thirty days from receiving notice of the agency’s review determination, file a motion with the court to direct the agency to withdraw the notice to the licensing authority and request a hearing on the motion. The licensing authority may not accept the application until the court rules on the motion. If the agency withdraws the notice after agency review or the court hearing, the agency must reimburse the obligor for any fee charged by the licensing agency. Tex. Fam. Code § 232.015(d).
If the obligor enters into a repayment agreement with the child support agency through this procedure, the agency may incorporate the agreement in an order to be filed with and confirmed by the court. Tex. Fam. Code § 232.015(e).
[Sections 33.123 through 33.130 are reserved for expansion.]
XII. Enforcement of Child Support Orders of Other States
§ 33.131Enforcement of Foreign Child Support Orders Generally
Child support orders issued in another state or a foreign country may be enforced under the provisions of the Uniform Interstate Family Support Act (UIFSA), which is contained in Texas Family Code chapter 159. For a detailed discussion of UIFSA, see chapter 43 of this manual.
[Sections 33.132 through 33.140 are reserved for expansion.]
XIII. Uniform Enforcement of Foreign Judgments Act
A judgment of another state may be enforced in accordance with the terms of the Uniform Enforcement of Foreign Judgments Act, chapter 35 of the Texas Civil Practice and Remedies Code.
A properly authenticated foreign judgment may be filed for enforcement with any Texas court of competent jurisdiction, whereupon it is treated like any other judgment of that court. See Tex. Civ. Prac. & Rem. Code §§ 35.003–.007.
Alternatively, a judgment creditor retains the right to bring an action to enforce a judgment instead of filing it under those provisions. Tex. Civ. Prac. & Rem. Code § 35.008.
Rule 308b of the Texas Rules of Civil Procedure governs the enforceability of judgments and arbitration awards based on foreign law in suits involving a marriage relationship or a parent-child relationship. The primary purpose for the adoption of this rule was to counteract the possible unfair effects of judgments and awards granted under Sharia law. When dealing with a foreign judgment related to family law, the practitioner must follow the specific notice provisions set forth in rule 308b. See Tex. R. Civ. P. 308b.
[Sections 33.142 through 33.145 are reserved for expansion.]
XIV. Federal Supervision of Child Support Enforcement
§ 33.146Office of Child Support Enforcement
The secretary of the Department of Health and Human Services operates the Office of Child Support Enforcement. This agency was created by Congress to supervise state title IV-D programs for determining paternity, locating absent parents, and establishing and enforcing child support obligations.
§ 33.147Federal Parent Locator Service
The Federal Parent Locator Service (FPLS) is designed to aid in the location of any individual who owes a duty of support or an individual to whom such duty is owed. See 42 U.S.C. § 653. The FPLS coordinates information from the Social Security Administration, the Internal Revenue Service, the Department of Veterans Affairs, the Department of Defense, the National Directory of New Hires, and other state and federal sources. This service is available to “authorized” nonpublic assistance recipients, for a reasonable fee, as well as to state agencies providing child support services. “Authorized persons” include a court with jurisdiction over a child support issue; an agent or attorney of the title IV-D agency; and the custodial parent, legal guardian, attorney, or agent of a child. See 42 U.S.C. § 653(c).
For the purposes of establishing or enforcing child support obligations, information including the following may be obtained: an individual’s Social Security number; most recent address; employer’s name, address, and identification number; and wage and asset information. 42 U.S.C. § 653(a)(2).
A request can be transmitted to the FPLS by title IV-D agencies, which also operate state parent locator services. 42 U.S.C. § 653(f). To make an application in Texas, contact: Office of the Attorney General, Child Support Division, State Parent Locator Service, P.O. Box 12017, Austin, TX 78711-2017.
For additional information about the federal Office of Child Support Enforcement (OCSE), see the OCSE web page at www.acf.hhs.gov/programs/css. For additional information on the Federal Parent Locator Service, see www.acf.hhs.gov/css/training
-technical-assistance/overview-federal-parent-locator-service.
In addition, OCSE has established the National Electronic Child Support Resource System (NECSRS). NECSRS provides child support enforcement information available from the federal government, states, tribes, and localities.
The primary emphasis of NECSRS is on the transmission of electronic information. Many documents will be available online for viewing and immediate downloading.
[Sections 33.149 and 33.150 are reserved for expansion.]
The following websites contain information relating to the topic of this chapter:
Office of Child Support Enforcement (§ 33.148)
www.acf.hhs.gov/programs/css
Federal Parent Locator Service (§ 33.148)
www.acf.hhs.gov/css/training-technical-assistance/overview-federal-parent
-locator-service
Office of Attorney General of Texas (§ 33.9)
www.texasattorneygeneral.gov
www.texasattorneygeneral.gov/cs
www.texasattorneygeneral.gov/cs/cs-forms#tacforms
https://childsupport.oag.state.tx.us/wps/portal/csi/PayRecordOnline