157.371. NOTICE OF HEARING, FIRST CLASS MAIL. DEFINITIONS. 157.421. (i) The scope of the court appointment of an attorney to represent the respondent is limited to the allegation of contempt or of violation of community supervision contained in the motion for enforcement or motion to revoke community supervision. Sept. 1, 1999. June 18, 2005. 972, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 20, Sec. 1034, Sec. (b) If the claimant refuses the request, the holder of the personal property or the obligor may file suit under this subchapter for an order determining the amount of arrearages and discharging excess personal property or money from the lien. Sec. 157.113. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Sept. 1, 2001. 157.212. 1023, Sec. AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT OF CHILD SUPPORT. 972, Sec. 157.164. 18, eff. EFFECT OF LIEN NOTICE. Is Your Lawyer a Lamb, a Pit Bull or a Fox. Sec. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. Sec. Added by Acts 1995, 74th Leg., ch. 157.002. Sec. 34, eff. 1, eff. 1, eff. (e) Except as provided by Subsection (c), the court shall appoint an attorney to represent the respondent if the court determines that the respondent is indigent. }[�"2��5�8tڻ���T݄��Cc�(�W. 24, eff. Chapter 1. (d) A claimant must file a notice for each after-acquired motor vehicle. April 20, 1995. 392, Sec. Amended by Acts 1997, 75th Leg., ch. (a) Except as provided by this section, in a contempt proceeding or in rendering a money judgment, the court may not reduce or modify the amount of child support arrearages. Amended by Acts 1999, 76th Leg., ch. Added by Acts 1995, 74th Leg., ch. Added by Acts 2001, 77th Leg., ch. 157.066. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (B) a life insurance policy in which an individual has a beneficial ownership or liability insurance against which an individual has filed a claim or counterclaim. Amended by Acts 1997, 75th Leg., ch. (b) A claimant may recover costs and reasonable attorney’s fees incurred in an action under this section. Texas Family Code § 157.002 Contents Of Motion. 157.423. (b) The notice of levy delivered to the obligor must inform the obligor that: (1) the claimant will not proceed with levy if, not later than the 10th day after the date of receipt of the notice, the obligor pays in full the amount of arrearages identified in the notice or otherwise makes arrangements acceptable to the claimant for the payment of the arrearage amounts; and. HEARING ON MOTION TO REVOKE COMMUNITY SUPERVISION. Amended by Acts 1997, 75th Leg., ch. 20, Sec. RECORDING AND INDEXING LIEN. 25, eff. Added by Acts 1995, 74th Leg., ch. RELATOR RELINQUISHED POSSESSION; TEMPORARY ORDERS. 20, Sec. DEFAULT JUDGMENT. Sept. 1, 2001. Sec. 4 0 obj (b) A substantive change made by a clarification order is not enforceable. Added by Acts 1995, 74th Leg., ch. (3) the proceeds of a life insurance policy, a claim for negligence or personal injury, or an insurance settlement or award for the claim, due to or owned by the obligor. Read Texas laws in a format that is more accessible for screen readers. Sec. 157.312. Sec. 29, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 420, Sec. (b) If the court finds that the previous order was granted by a court that did not give the contestants reasonable notice of the proceeding and an opportunity to be heard, the court may not render an order in the habeas corpus proceeding compelling return of the child on the basis of that order. Added by Acts 1995, 74th Leg., ch. April 20, 1995. Section 664, and, subsequently, the amount of that credit is reduced because the refund was adjusted because of an injured spouse claim by a jointly filing spouse, the tax return was amended, the return was audited by the Internal Revenue Service, or for another reason permitted by law, the court shall render a new cumulative judgment to include as arrearages an amount equal to the amount by which the credit was reduced. Free Newsletters 13, eff. (b) The remedies provided by this subchapter do not affect the availability of other remedies provided by law. April 20, 1995. FORECLOSURE OR SUIT TO DETERMINE ARREARAGES. The federal form of lien notice does not require verification when used by the Title IV-D agency. 311, Sec. (a) The court shall hold a hearing without a jury not later than the third working day after the date the respondent is arrested under Section 157.215. ENFORCEMENT SUBCHAPTER A. PLEADINGS AND DEFENSES § 157.001. 157.061. 157.373. Sec. A court shall treat a cash bond posted for the benefit of the respondent as the property of the respondent. 157.372. Sec. CONTENTS OF MOTION. 18, eff. Acts 2007, 80th Leg., R.S., Ch. 1, eff. (a) If a person having actual notice of the lien possesses nonexempt personal property of the obligor that may be subject to the lien, the property may not be paid over, released, sold, transferred, encumbered, or conveyed unless: (1) a release of lien signed by the claimant is delivered to the person in possession; or. 20, Sec. Sec. 1, eff. 20, Sec. 62, Sec. (a) If a respondent specially excepts to the motion for enforcement or moves to strike, the court shall rule on the exception or the motion to strike before it hears the motion for enforcement. (2) failed to make child support payments. 1, eff. Austin, TX 78746 2, eff. 420, Sec. 15, eff. 14, eff. (b) The court may disregard brief periods of possession and control by the relator during the 6-month period. Sec. endstream Sept. 1, 1997. (a) A child support lien notice or an abstract of judgment for past due child support may be filed by the claimant with the county clerk of: (1) any county in which the obligor is believed to own nonexempt real or personal property; (2) the county in which the obligor resides; or. CONTENTS OF CHILD SUPPORT LIEN NOTICE. 1, eff. Section 607(d), that the court determines appropriate. 1023, Sec. (b) For the purposes of this subchapter, interest begins to accrue on the date the judge signs the order for the judgment unless the order contains a statement that the order is rendered on another specific date. CONFIRMATION OF ARREARAGES. Sec. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Fax (512) 710-2233 (a) A motion for enforcement as provided in this chapter may be filed to enforce a final order for conservatorship, child support, possession of or access to a child, or other provisions of … Sept. 1, 1997; Acts 1997, 75th Leg., ch. (a) If the motion to revoke community supervision alleges a prima facie case that the respondent has violated a term or condition of community supervision, the court may order the respondent’s arrest by warrant. 972, Sec. Added by Acts 2001, 77th Leg., ch. 1, eff. 1, eff. (f) Subsections (b) and (c) apply to a money judgment for child support rendered on or after January 1, 2002. (a) If the respondent has posted a cash bond and is found to be in arrears in the payment of court-ordered child support, the court shall order that the proceeds of the cash bond be paid to the child support obligee or to a person designated by the court, not to exceed the amount of child support arrearages determined to exist. (c) A conveyance of real property by the obligor after a lien notice has been recorded in the county where the real property is located is subject to the lien and may not impair the enforceability of the lien against the real property. 157.269. Added by Acts 1995, 74th Leg., ch. endobj FORFEITURE NOT DEFENSE TO CONTEMPT. 157.111. Child support collected shall be applied in the following order of priority: (3) interest on the principal amounts specified in Subdivisions (4) and (5); (4) the principal amount of child support that has not been confirmed and reduced to money judgment; (5) the principal amount of child support that has been confirmed and reduced to money judgment; and. MOTION FOR ENFORCEMENT. 911, Sec. 751, Sec. (b) The respondent must prove the affirmative defense by a preponderance of the evidence. 157.005. Acts 2007, 80th Leg., R.S., Ch. 1023, Sec. Acts 2007, 80th Leg., R.S., Ch. UNPAID CHILD SUPPORT AS JUDGMENT. COMMUNITY SUPERVISION FEES. (a) The court may require the respondent to pay a fee to the court in an amount equal to that required of a criminal defendant subject to community supervision. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Sept. 1, 2001. RELEASE HEARING. Sept. 1, 1997; Acts 2001, 77th Leg., ch. CASH BOND AS SUPPORT. September 1, 2007. 911, Sec. 157.006. !��>9�}q'Mr1}�i��ئc�8���[i����M'S!i���v�]���Z������~���oǢV�P�8���̘����+�@�|� 157.313. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 1997. 1, eff. 702, Sec. SETTING HEARING. 157.311. April 20, 1995. 1, eff. 28, eff. 751, Sec. Sept. 1, 1997; Acts 2001, 77th Leg., ch. (a) If a person has in the person’s possession earnings, deposits, accounts, balances, or other funds or assets of the obligor, including the proceeds of a judgment or other settlement of a claim or counterclaim due to the obligor that are in excess of the amount of arrearages specified in the child support lien, the holder of the nonexempt personal property or the obligor may request that the claimant release any excess amount from the lien. (c) Interest accrues on a money judgment for retroactive or lump-sum child support at the annual rate of six percent simple interest from the date the order is rendered until the judgment is paid. (c) A financial institution that receives a notice of levy under this section may not close an account in which the obligor has an ownership interest, permit a withdrawal from any account the obligor owns, in whole or in part, or pay funds to the obligor so that any amount remaining in the account is less than the amount of the arrearages identified in the notice, plus any fees due to the institution and any costs of the levy identified by the claimant.
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