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CHAPTER 157. ENFORCEMENT

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FAMILY CODETITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THEPARENT-CHILD RELATIONSHIPSUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIPCHAPTER 157. ENFORCEMENTSUBCHAPTER A. PLEADINGS AND DEFENSESSec. 157.001.MOTION FOR ENFORCEMENT.(a)A motion forenforcement as provided in this chapter may be filed to enforce afinal order for conservatorship, child support, possession of oraccess to a child, or other provisions of a final order.(b)The court may enforce by contempt a final order forpossession of and access to a child as provided in this chapter.(c)The court may enforce a final order for child support asprovided in this chapter or Chapter 158.(d)A motion for enforcement shall be filed in the court ofcontinuing, exclusive jurisdiction.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.002.CONTENTS OF MOTION.(a)A motion for enforcementmust, in ordinary and concise language:(1)identify the provision of the order allegedly violated andsought to be enforced;(2)state the manner of the respondent's alleged noncompliance;(3)state the relief requested by the movant; and(4)contain the signature of the movant or the movant'sattorney.(b)A motion for enforcement of child support:(1)must include the amount owed as provided in the order, theamount paid, and the amount of arrearages;(2)if contempt is requested, must include the portion of theorder allegedly violated and, for each date of alleged contempt,the amount due and the amount paid, if any;(3)may include as an attachment a copy of a record of childsupport payments maintained by the Title IV-D registry or a localregistry; and(4)if the obligor owes arrearages for a child receivingassistance under Part A of Title IV of the federal SocialSecurity Act (42 U.S.C. Section 601 et seq.), may include arequest that:(A)the obligor pay the arrearages in accordance with a planapproved by the court; or(B)if the obligor is already subject to a plan and is notincapacitated, the obligor participate in work activities, asdefined under 42 U.S.C. Section 607(d), that the court determinesappropriate.(c)A motion for enforcement of the terms and conditions ofconservatorship or possession of or access to a child mustinclude the date, place, and, if applicable, the time of eachoccasion of the respondent's failure to comply with the order.(d)The movant is not required to plead that the underlyingorder is enforceable by contempt to obtain other appropriateenforcement remedies.(e)The movant may allege repeated past violations of the orderand that future violations of a similar nature may occur beforethe date of the hearing.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 17, eff.Sept. 1, 1997.Sec. 157.003.JOINDER OF CLAIMS AND REMEDIES; NO ELECTION OFREMEDIES.(a)A party requesting enforcement may join in thesame proceeding any claim and remedy provided for in thischapter, other provisions of this title, or other rules of law.(b)A motion for enforcement does not constitute an election ofremedies that limits or precludes:(1)the use of any other civil or criminal proceeding to enforcea final order; or(2)a suit for damages under Chapter 42.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.24, eff.Sept. 1, 1999.Sec. 157.004.TIME LIMITATIONS; ENFORCEMENT OF POSSESSION.Thecourt retains jurisdiction to render a contempt order for failureto comply with the order of possession and access if the motionfor enforcement is filed not later than the sixth month after thedate:(1)the child becomes an adult; or(2)on which the right of possession and access terminates underthe order or by operation of law.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.005.TIME LIMITATIONS; ENFORCEMENT OF CHILD SUPPORT.(a)The court retains jurisdiction to render a contempt orderfor failure to comply with the child support order if the motionfor enforcement is filed not later than the second anniversary ofthe date:(1)the child becomes an adult; or(2)on which the child support obligation terminates under theorder or by operation of law.(b)The court retains jurisdiction to confirm the total amountof child support arrearages and render a cumulative moneyjudgment for past-due child support, as provided by Section157.263, if a motion for enforcement requesting a cumulativemoney judgment is filed not later than the 10th anniversary afterthe date:(1)the child becomes an adult; or(2)on which the child support obligation terminates under thechild support order or by operation of law.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 15, eff.Sept. 1, 1999.Amended by:Acts 2005, 79th Leg., Ch.916, Sec. 21, eff. June 18, 2005.Acts 2007, 80th Leg., R.S., Ch.972, Sec. 17, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch.767, Sec. 13, eff. June 19, 2009.Sec. 157.006.AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT.(a)The issue of the existence of an affirmative defense to amotion for enforcement does not arise unless evidence is admittedsupporting the defense.(b)The respondent must prove the affirmative defense by apreponderance of the evidence.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.007.AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT OFPOSSESSION OR ACCESS.(a)The respondent may plead as anaffirmative defense to contempt for failure to comply with anorder for possession or access to a child that the movantvoluntarily relinquished actual possession and control of thechild.(b)The voluntary relinquishment must have been for the timeencompassed by the court-ordered periods during which therespondent is alleged to have interfered.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.008.AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT OFCHILD SUPPORT.(a)An obligor may plead as an affirmativedefense in whole or in part to a motion for enforcement of childsupport that the obligee voluntarily relinquished to the obligoractual possession and control of a child.(b)The voluntary relinquishment must have been for a timeperiod in excess of any court-ordered periods of possession ofand access to the child and actual support must have beensupplied by the obligor.(c)An obligor may plead as an affirmative defense to anallegation of contempt or of the violation of a condition ofcommunity service requiring payment of child support that theobligor:(1)lacked the ability to provide support in the amount ordered;(2)lacked property that could be sold, mortgaged, or otherwisepledged to raise the funds needed;(3)attempted unsuccessfully to borrow the funds needed; and(4)knew of no source from which the money could have beenborrowed or legally obtained.(d)An obligor who has provided actual support to the childduring a time subject to an affirmative defense under thissection may request reimbursement for that support as acounterclaim or offset against the claim of the obligee.(e)An action against the obligee for support supplied to achild is limited to the amount of periodic payments previouslyordered by the court.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.009.CREDIT FOR PAYMENT OF DISABILITY BENEFITS.Inaddition to any other credit or offset available to an obligorunder this title, if a child for whom the obligor owes childsupport receives a lump-sum payment as a result of the obligor'sdisability and that payment is made to the obligee as therepresentative payee of the child, the obligor is entitled to acredit.The credit under this section is equal to the amount ofthe lump-sum payment and shall be applied to any child supportarrearage and interest owed by the obligor on behalf of thatchild at the time the payment is made.Added by Acts 2009, 81st Leg., R.S., Ch.538, Sec. 1, eff. June 19, 2009.Added by Acts 2009, 81st Leg., R.S., Ch.767, Sec. 14, eff. June 19, 2009.SUBCHAPTER B. PROCEDURESec. 157.061.SETTING HEARING.(a)On filing a motion forenforcement requesting contempt, the court shall set the date,time, and place of the hearing and order the respondent topersonally appear and respond to the motion.(b)If the motion for enforcement does not request contempt, thecourt shall set the motion for hearing on the request of a party.(c)The court shall give preference to a motion for enforcementof child support in setting a hearing date and may not delay thehearing because a suit for modification of the order requested tobe enforced has been or may be filed.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.062.NOTICE OF HEARING.(a)The notice of hearingmust include the date, time, and place of the hearing.(b)The notice of hearing need not repeat the allegationscontained in the motion for enforcement.(c)Notice of hearing on a motion for enforcement of an existingorder providing for child support or possession of or access to achild shall be given to the respondent by personal service of acopy of the motion and notice not later than the 10th day beforethe date of the hearing.(d)If a motion for enforcement is joined with another claim:(1)the hearing may not be held before 10 a.m. on the firstMonday after the 20th day after the date of service; and(2)the provisions of the Texas Rules of Civil Procedureapplicable to the filing of an original lawsuit apply.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 49, eff.Sept. 1, 1995.Sec. 157.063.APPEARANCE.A party makes a general appearancefor all purposes in an enforcement proceeding if:(1)the party appears at the hearing or is present when the caseis called; and(2)the party does not object to the court's jurisdiction or theform or manner of the notice of hearing.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.064.SPECIAL EXCEPTION.(a)If a respondent speciallyexcepts to the motion for enforcement or moves to strike, thecourt shall rule on the exception or the motion to strike beforeit hears the motion for enforcement.(b)If an exception is sustained, the court shall give themovant an opportunity to replead and continue the hearing to adesignated date and time without the requirement of additionalservice.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.065.NOTICE OF HEARING, FIRST CLASS MAIL.(a)If aparty has been ordered under Chapter 105 to provide the court andthe state case registry with the party's current mailing address,notice of a hearing on a motion for enforcement may be served bymailing a copy of the notice to the respondent, together with acopy of the motion, by first class mail to the last mailingaddress of the respondent on file with the court and theregistry.(b)The notice may be sent by the clerk of the court, themovant's attorney, or any person entitled to the addressinformation as provided in Chapter 105.(c)A person who sends the notice shall file of record acertificate of service showing the date of mailing and the nameof the person who sent the notice.(d)Repealed by Acts 1997, 75th Leg., ch. 911, Sec. 97(a), eff.Sept. 1, 1997.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 18, 97(a),eff. Sept. 1, 1997.Amended by:Acts 2007, 80th Leg., R.S., Ch.972, Sec. 18, eff. September 1, 2007.Sec. 157.066.FAILURE TO APPEAR.If a respondent who has beenpersonally served with notice to appear at a hearing does notappear at the designated time, place, and date to respond to amotion for enforcement of an existing court order, regardless ofwhether the motion is joined with other claims or remedies, thecourt may not hold the respondent in contempt but may, on properproof, grant a default judgment for the relief sought and issue acapias for the arrest of the respondent.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 50, eff.Sept. 1, 1995.SUBCHAPTER C. FAILURE TO APPEAR; BOND OR SECURITYSec. 157.101.BOND OR SECURITY FOR RELEASE OF RESPONDENT.(a)When the court orders the issuance of a capias as provided inthis chapter, the court shall also set an appearance bond orsecurity, payable to the obligee or to a person designated by thecourt, in a reasonable amount.(b)An appearance bond or security in the amount of $1,000 or acash bond in the amount of $250 is presumed to be reasonable.Evidence that the respondent has attempted to evade service ofprocess, has previously been found guilty of contempt, or hasaccrued arrearages over $1,000 is sufficient to rebut thepresumption. If the presumption is rebutted, the court shall seta reasonable bond.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.102.CAPIAS OR WARRANT; DUTY OF LAW ENFORCEMENTOFFICIALS.Law enforcement officials shall treat a capias orarrest warrant ordered under this chapter in the same manner asan arrest warrant for a criminal offense and shall enter thecapias or warrant in the computer records for outstandingwarrants maintained by the local police, sheriff, and Departmentof Public Safety.The capias or warrant shall be forwarded toand disseminated by the Texas Crime Information Center and theNational Crime Information Center.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1997, 75th Leg., ch. 702, Sec. 3, eff.Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 16, eff. Sept.1, 1999.Amended by:Acts 2007, 80th Leg., R.S., Ch.972, Sec. 19, eff. September 1, 2007.Sec. 157.103.CAPIAS FEES.(a)The fee for issuing a capias asprovided in this chapter is the same as the fee for issuance of awrit of attachment.(b)The fee for serving a capias is the same as the fee forservice of a writ in civil cases generally.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.104.CONDITIONAL RELEASE.If the respondent is takeninto custody and released on bond, the court shall condition thebond on the respondent's promise to appear in court for a hearingas required by the court without the necessity of furtherpersonal service of notice on the respondent.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.105.RELEASE HEARING.(a)If the respondent is takeninto custody and not released on bond, the respondent shall bebrought before the court that issued the capias on or before thethird working day after the arrest.The court shall determinewhether the respondent's appearance in court at a designated timeand place can be assured by a method other than by posting thebond or security previously established.(b)If the respondent is released without posting bond orsecurity, the court shall set a hearing on the alleged contemptat a designated date, time, and place and give the respondentnotice of hearing in open court. No other notice to therespondent is required.(c)If the court is not satisfied that the respondent'sappearance in court can be assured and the respondent remains incustody, a hearing on the alleged contempt shall be held as soonas practicable, but not later than the seventh day after the datethat the respondent was taken into custody, unless the respondentand the respondent's attorney waive the accelerated hearing.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Amended by:Acts 2007, 80th Leg., R.S., Ch.972, Sec. 21, eff. September 1, 2007.Sec. 157.106.CASH BOND AS SUPPORT.(a)If the respondent hasposted a cash bond and is found to be in arrears in the paymentof court-ordered child support, the court shall order that theproceeds of the cash bond be paid to the child support obligee orto a person designated by the court, not to exceed the amount ofchild support arrearages determined to exist.(b)This section applies without regard to whether therespondent appears at the hearing.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.107.APPEARANCE BOND OR SECURITY OTHER THAN CASH BONDAS SUPPORT.(a)If the respondent fails to appear at thehearing as directed, the court shall order that the appearancebond or security be forfeited and that the proceeds of anyjudgment on the bond or security, not to exceed the amount ofchild support arrearages determined to exist, be paid to theobligee or to a person designated by the court.(b)The obligee may file suit on the bond.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.108.CASH BOND AS PROPERTY OF RESPONDENT.A courtshall treat a cash bond posted for the benefit of the respondentas the property of the respondent. A person who posts the cashbond does not have recourse in relation to an order regarding thebond other than against the respondent.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.109.SECURITY FOR COMPLIANCE WITH ORDER.(a)Thecourt may order the respondent to execute a bond or post securityif the court finds that the respondent:(1)has on two or more occasions denied possession of or accessto a child who is the subject of the order; or(2)is employed by an employer not subject to the jurisdictionof the court or for whom income withholding is unworkable orinappropriate.(b)The court shall set the amount of the bond or security andcondition the bond or security on compliance with the court orderpermitting possession or access or the payment of past-due orfuture child support.(c)The court shall order the bond or security payable throughthe registry of the court:(1)to the obligee or other person or entity entitled to receivechild support payments designated by the court if enforcement ofchild support is requested; or(2)to the person who is entitled to possession or access ifenforcement of possession or access is requested.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.110.FORFEITURE OF SECURITY FOR FAILURE TO COMPLY WITHORDER.(a)On the motion of a person or entity for whosebenefit a bond has been executed or security deposited, the courtmay forfeit all or part of the bond or security deposit on afinding that the person who furnished the bond or security:(1)has violated the court order for possession of and access toa child; or(2)failed to make child support payments.(b)The court shall order the registry to pay the funds from aforfeited bond or security deposit to the obligee or person orentity entitled to receive child support payments in an amountthat does not exceed the child support arrearages or, in the caseof possession of or access to a child, to the person entitled topossession or access.(c)The court may order that all or part of the forfeited amountbe applied to pay attorney's fees and costs incurred by theperson or entity bringing the motion for contempt or motion forforfeiture.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.111.FORFEITURE NOT DEFENSE TO CONTEMPT.Theforfeiture of bond or security is not a defense in a contemptproceeding.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.112.JOINDER OF FORFEITURE AND CONTEMPT PROCEEDINGS.Amotion for enforcement requesting contempt may be joined with aforfeiture proceeding.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.113.APPLICATION OF BOND PENDING WRIT.If the obligorrequests to execute a bond or to post security pending a hearingby an appellate court on a writ, the bond or security onforfeiture shall be payable to the obligee.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.114.FAILURE TO APPEAR.The court may order a capiasto be issued for the arrest of the respondent if:(1)the motion for enforcement requests contempt;(2)the respondent was personally served; and(3)the respondent fails to appear.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.115.DEFAULT JUDGMENT.(a)The court may render adefault order for the relief requested if the respondent:(1)has been personally served, has filed an answer, or hasentered an appearance; and(2)does not appear at the designated time, place, and date torespond to the motion.(b)If the respondent fails to appear, the court may not holdthe respondent in contempt but may order a capias to be issued.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 51, eff.Sept. 1, 1995.SUBCHAPTER D. HEARING AND ENFORCEMENT ORDERSec. 157.161.RECORD.(a)Except as provided by Subsection(b), a record of the hearing in a motion for enforcement shall bemade by a court reporter or as provided by Chapter 201.(b)A record is not required if:(1)the parties agree to an order; or(2)the motion does not request incarceration and the partieswaive the requirement of a record at the time of hearing, eitherin writing or in open court, and the court approves waiver.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.162.PROOF.(a)The movant is not required to provethat the underlying order is enforceable by contempt to obtainother appropriate enforcement remedies.(b)A finding that the respondent is not in contempt does notpreclude the court from ordering any other enforcement remedy,including rendering a money judgment, posting a bond or othersecurity, or withholding income.(c)A copy of the payment record attached to the motion isevidence of the facts asserted in the payment record and isadmissible to show whether payments were made. The respondent mayoffer controverting evidence.(d)The court may not find a respondent in contempt of court forfailure to pay child support if the respondent appears at thehearing with a copy of the payment record or other evidencesatisfactory to the court showing that the respondent is currentin the payment of child support as ordered by the court.(e)Notwithstanding Subsection (d), the court may award thepetitioner costs of court and reasonable attorney's fees in aproceeding described by that subsection if the court finds that:(1)on the date the motion for enforcement was filed, therespondent was not current in the payment of child support asordered by the court; and(2)the respondent made the child support payments described bySubsection (d) after the date the respondent was served notice ofthe motion or otherwise discovered that the motion forenforcement had been filed.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Amended by:Acts 2007, 80th Leg., R.S., Ch.1189, Sec. 1, eff. June 15, 2007.Acts 2009, 81st Leg., R.S., Ch.767, Sec. 15, eff. June 19, 2009.Sec. 157.163.APPOINTMENT OF ATTORNEY.(a)In a motion forenforcement or motion to revoke community service, the court mustfirst determine whether incarceration of the respondent is apossible result of the proceedings.(b)If the court determines that incarceration is a possibleresult of the proceedings, the court shall inform a respondentnot represented by an attorney of the right to be represented byan attorney and, if the respondent is indigent, of the right tothe appointment of an attorney.(c)If the court determines that the respondent will not beincarcerated as a result of the proceedings, the court mayrequire a respondent who is indigent to proceed without anattorney.(d)If the respondent claims indigency and requests theappointment of an attorney, the court shall require therespondent to file an affidavit of indigency. The court may hearevidence to determine the issue of indigency.(e)Except as provided by Subsection (c), the court shallappoint an attorney to represent the respondent if the courtdetermines that the respondent is indigent.(f)If the respondent is not in custody, an appointed attorneyis entitled to not less than 10 days from the date of theattorney's appointment to respond to the movant's pleadings andprepare for the hearing.(g)If the respondent is in custody, an appointed attorney isentitled to not less than five days from the date the respondentwas taken into custody to respond to the movant's pleadings andprepare for the hearing.(h)The court may shorten or extend the time for preparation ifthe respondent and the respondent's attorney sign a waiver of thetime limit.(i)The scope of the court appointment of an attorney torepresent the respondent is limited to the allegation of contemptor of violation of community supervision contained in the motionfor enforcement or motion to revoke community supervision.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.164.PAYMENT OF APPOINTED ATTORNEY.(a)An attorneyappointed to represent an indigent respondent is entitled to areasonable fee for services within the scope of the appointmentin the amount set by the court.(b)The fee shall be paid from the general funds of the countyaccording to the schedule for the compensation of counselappointed to defend criminal defendants as provided in the Codeof Criminal Procedure.(c)For purposes of this section, a proceeding in a court ofappeals or the Supreme Court of Texas is considered theequivalent of a bona fide appeal to the Texas Court of CriminalAppeals.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.165.PROBATION OF CONTEMPT ORDER.The court may placethe respondent on community supervision and suspend commitment ifthe court finds that the respondent is in contempt of court forfailure or refusal to obey an order rendered as provided in thistitle.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.25, eff.Sept. 1, 1999.Sec. 157.166.CONTENTS OF ENFORCEMENT ORDER.(a)Anenforcement order must include:(1)in ordinary and concise language the provisions of the orderfor which enforcement was requested;(2)the acts or omissions that are the subject of the order;(3)the manner of the respondent's noncompliance; and(4)the relief granted by the court.(b)If the order imposes incarceration or a fine for criminalcontempt, an enforcement order must contain findings identifying,setting out, or incorporating by reference the provisions of theorder for which enforcement was requested and the date of eachoccasion when the respondent's failure to comply with the orderwas found to constitute criminal contempt.(c)If the enforcement order imposes incarceration for civilcontempt, the order must state the specific conditions on whichthe respondent may be released from confinement.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 17, eff.Sept. 1, 1999.Sec. 157.167.RESPONDENT TO PAY ATTORNEY'S FEES AND COSTS.(a)If the court finds that the respondent has failed to make childsupport payments, the court shall order the respondent to pay themovant's reasonable attorney's fees and all court costs inaddition to the arrearages.Fees and costs ordered under thissubsection may be enforced by any means available for theenforcement of child support, including contempt.(b)If the court finds that the respondent has failed to complywith the terms of an order providing for the possession of oraccess to a child, the court shall order the respondent to paythe movant's reasonable attorney's fees and all court costs inaddition to any other remedy.If the court finds that theenforcement of the order with which the respondent failed tocomply was necessaryto ensure the child's physical or emotionalhealth or welfare, the fees and costs ordered under thissubsection may be enforced by any means available for theenforcement of child support, including contempt, but notincluding income withholding.(c)Except as provided by Subsection (d), for good cause shown,the court may waive the requirement that the respondent payattorney's fees and costs if the court states the reasonssupporting that finding.(d)If the court finds that the respondent is in contempt ofcourt for failure or refusal to pay child support and that therespondent owes $20,000 or more in child support arrearages, thecourt may not waive the requirement that the respondent payattorney's fees and costs unless the court also finds that therespondent:(1)is involuntarily unemployed or is disabled; and(2)lacks the financial resources to pay the attorney's fees andcosts.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 18, eff.Sept. 1, 1999; Acts 2003, 78th Leg., ch. 477, Sec. 1, eff. Sept.1, 2003; Acts 2003, 78th Leg., ch. 1262, Sec. 1, eff. Sept. 1,2003.Reenacted and amended by Acts 2005, 79th Leg., Ch.253, Sec. 1, eff. September 1, 2005.Sec. 157.168.ADDITIONAL PERIODS OF POSSESSION OR ACCESS.(a)A court may order additional periods of possession of or accessto a child to compensate for the denial of court-orderedpossession or access. The additional periods of possession oraccess:(1)must be of the same type and duration of the possession oraccess that was denied;(2)may include weekend, holiday, and summer possession oraccess; and(3)must occur on or before the second anniversary of the datethe court finds that court-ordered possession or access has beendenied.(b)The person denied possession or access is entitled to decidethe time of the additional possession or access, subject to theprovisions of Subsection (a)(1).Added by Acts 1995, 74th Leg., ch. 751, Sec. 52, eff. Sept. 1,1995. Amended by Acts 1997, 75th Leg., ch. 974, Sec. 1, eff.Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1034, Sec. 1, eff. Sept.1, 1999.SUBCHAPTER E. COMMUNITY SUPERVISIONSec. 157.211.CONDITIONS OF COMMUNITY SUPERVISION.If the courtplaces the respondent on community supervision and suspendscommitment, the terms and conditions of community supervision mayinclude the requirement that the respondent:(1)report to the community supervision officer as directed;(2)permit the community supervision officer to visit therespondent at the respondent's home or elsewhere;(3)obtain counseling on financial planning, budget management,conflict resolution, parenting skills, alcohol or drug abuse, orother matters causing the respondent to fail to obey the order;(4)pay required child support and any child support arrearages;(5)pay court costs and attorney's fees ordered by the court;(6)seek employment assistance services offered by the TexasWorkforce Commission under Section 302.0035, Labor Code, ifappropriate; and(7)participate in mediation or other services to alleviateconditions that prevent the respondent from obeying the court'sorder.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1997, 75th Leg., ch. 702, Sec. 4, eff.Sept. 1, 1997; Acts 1999, 76th Leg., ch. 946, Sec. 2, eff. Sept.1, 1999; Acts 2001, 77th Leg., ch. 311, Sec. 1, eff. Sept. 1,2001.Sec. 157.212.TERM OF COMMUNITY SUPERVISION.The initial periodof community supervision may not exceed 10 years.The court maycontinue the community supervision beyond 10 years until theearlier of:(1)the second anniversary of the date on which the communitysupervision first exceeded 10 years; or(2)the date on which all child support, including arrearagesand interest, has been paid.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1999, 76th Leg., ch. 1313, Sec. 1, eff.Sept. 1, 1999.Amended by:Acts 2007, 80th Leg., R.S., Ch.972, Sec. 22, eff. September 1, 2007.Sec. 157.213.COMMUNITY SUPERVISION FEES.(a)The court mayrequire the respondent to pay a fee to the court in an amountequal to that required of a criminal defendant subject tocommunity supervision.(b)The court may make payment of the fee a condition ofgranting or continuing community supervision.(c)The court shall deposit the fees received under thissubchapter as follows:(1)if the community supervision officer is employed by acommunity supervision and corrections department, in the specialfund of the county treasury provided by the Code of CriminalProcedure to be used for community supervision; or(2)if the community supervision officer is employed by adomestic relations office, in one of the following funds, asdetermined by the office's administering entity:(A)the general fund for the county in which the domesticrelations office is located; or(B)the office fund established by the administering entity forthe domestic relations office.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 2001, 77th Leg., ch. 311, Sec. 2, eff.Sept. 1, 2001.Sec. 157.214.MOTION TO REVOKE COMMUNITY SUPERVISION.Aprosecuting attorney, the Title IV-D agency, a domestic relationsoffice, or a party affected by the order may file a verifiedmotion alleging specifically that certain conduct of therespondent constitutes a violation of the terms and conditions ofcommunity supervision.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 2001, 77th Leg., ch. 311, Sec. 3, eff.Sept. 1, 2001.Sec. 157.215.ARREST FOR ALLEGED VIOLATION OF COMMUNITYSUPERVISION.(a)If the motion to revoke community supervisionalleges a prima facie case that the respondent has violated aterm or condition of community supervision, the court may orderthe respondent's arrest by warrant.(b)The respondent shall be brought promptly before the courtordering the arrest.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.216.HEARING ON MOTION TO REVOKE COMMUNITY SUPERVISION.(a)The court shall hold a hearing without a jury not laterthan the third working day after the date the respondent isarrested under Section 157.215.If the court is unavailable fora hearing on that date, the hearing shall be held not later thanthe third working day after the date the court becomes available.(b)The hearing under this section may not be held later thanthe seventh working day after the date the respondent isarrested.(c)After the hearing, the court may continue, modify, or revokethe community supervision.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Amended by:Acts 2007, 80th Leg., R.S., Ch.972, Sec. 23, eff. September 1, 2007.Sec. 157.217.DISCHARGE FROM COMMUNITY SUPERVISION.(a)When acommunity supervision period has been satisfactorily completed,the court on its own motion shall discharge the respondent fromcommunity supervision.(b)The court may discharge the respondent from communitysupervision on the motion of the respondent if the court findsthat the respondent:(1)has satisfactorily completed one year of communitysupervision; and(2)has fully complied with the community supervision order.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.SUBCHAPTER F. JUDGMENT AND INTERESTSec. 157.261.UNPAID CHILD SUPPORT AS JUDGMENT.(a)A childsupport payment not timely made constitutes a final judgment forthe amount due and owing, including interest as provided in thischapter.(b)For the purposes of this subchapter, interest begins toaccrue on the date the judge signs the order for the judgmentunless the order contains a statement that the order is renderedon another specific date.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1997, 75th Leg., ch. 702, Sec. 5, eff.Sept. 1, 1997.Sec. 157.262.REDUCTION OF ARREARAGES; ABEYANCE OF ENFORCEMENT.(a)Except as provided by this section, in a contempt proceedingor in rendering a money judgment, the court may not reduce ormodify the amount of child support arrearages.(b)In an enforcement action under this chapter, the court may,with the agreement of the Title IV-D agency, hold in abeyance theenforcement of any arrearages, including interest, assigned tothe Title IV-D agency under Section 231.104(a) if, for the periodof the court's order of abeyance of enforcement, the obligor:(1)timely and fully pays the obligor's current child supportunder a court or administrative order; and(2)is involved in the life of the child for whom support isordered through the exercise of the obligor's right of possessionof or access to the child.(c)If the court orders an abeyance of enforcement of arrearagesunder this section, the court may require the obligor to obtaincounseling on parenting skills, work skills, job placement,financial planning, conflict resolution, substance abuse, orother matters causing the obligor to fail to obey the childsupport order.(d)If the court finds in a subsequent hearing that the obligorhas not met the conditions set by the court's order under thissection, the court shall terminate the abeyance of enforcement ofthe arrearages.(e)On the expiration of the child support order, the court may,with the agreement of the Title IV-D agency, reduce the amount ofthe arrearages assigned to the Title IV-D agency under Section231.104(a) if the court finds that the obligor has complied withthe conditions set by the court under this section.(f)The money judgment for arrearages rendered by the court maybe subject to a counterclaim or offset as provided by this title.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 2001, 77th Leg., ch. 392, Sec. 3, eff.Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1023, Sec. 15, eff.Sept. 1, 2001.Amended by:Acts 2009, 81st Leg., R.S., Ch.538, Sec. 2, eff. June 19, 2009.Acts 2009, 81st Leg., R.S., Ch.767, Sec. 16, eff. June 19, 2009.Sec. 157.263.CONFIRMATION OF ARREARAGES.(a)If a motion forenforcement of child support requests a money judgment forarrearages, the court shall confirm the amount of arrearages andrender one cumulative money judgment.(b)A cumulative money judgment includes:(1)unpaid child support not previously confirmed;(2)the balance owed on previously confirmed arrearages or lumpsum or retroactive support judgments;(3)interest on the arrearages; and(4)a statement that it is a cumulative judgment.(c)If the amount of arrearages confirmed by the court reflectsa credit to the obligor for support arrearages collected from afederal tax refund under 42 U.S.C. Section 664, and,subsequently, the amount of that credit is reduced because therefund was adjusted because of an injured spouse claim by ajointly filing spouse, the tax return was amended, the return wasaudited by the Internal Revenue Service, or for another reasonpermitted by law, the court shall render a new cumulativejudgment to include as arrearages an amount equal to the amountby which the credit was reduced.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 2003, 78th Leg., ch. 610, Sec. 4, eff.Sept. 1, 2003.Amended by:Acts 2007, 80th Leg., R.S., Ch.972, Sec. 24, eff. September 1, 2007.Sec. 157.264.ENFORCEMENT OF JUDGMENT.(a)A money judgmentrendered as provided in this subchapter may be enforced by anymeans available for the enforcement of a judgment for debts.(b)The court shall render an order requiring that the obligormake periodic payments on the judgment, including by incomewithholding under Chapter 158 if the obligor is subject to incomewithholding.(c)An order rendered under Subsection (b) does not preclude orlimit the use of any other means for enforcement of the judgment.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 16, eff.Sept. 1, 2001.Amended by:Acts 2007, 80th Leg., R.S., Ch.972, Sec. 25, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch.767, Sec. 17, eff. June 19, 2009.Sec. 157.265.ACCRUAL OF INTEREST ON CHILD SUPPORT.(a)Interest accrues on the portion of delinquent child support thatis greater than the amount of the monthly periodic supportobligation at the rate of six percent simple interest per yearfrom the date the support is delinquent until the date thesupport is paid or the arrearages are confirmed and reduced tomoney judgment.(b)Interest accrues on child support arrearages that have beenconfirmed and reduced to money judgment as provided in thissubchapter at the rate of six percent simple interest per yearfrom the date the order is rendered until the date the judgmentis paid.(c)Interest accrues on a money judgment for retroactive orlump-sum child support at the annual rate of six percent simpleinterest from the date the order is rendered until the judgmentis paid.(d)Subsection (a) applies to a child support payment thatbecomes due on or after January 1, 2002.(e)Child support arrearages in existence on January 1, 2002,that were not confirmed and reduced to a money judgment on orbefore that date accrue interest as follows:(1)before January 1, 2002, the arrearages are subject to theinterest rate that applied to the arrearages before that date;and(2)on and after January 1, 2002, the cumulative total ofarrearages and interest accumulated on those arrearages describedby Subdivision (1) is subject to Subsection (a).(f)Subsections (b) and (c) apply to a money judgment for childsupport rendered on or after January 1, 2002.A money judgmentfor child support rendered before that date is governed by thelaw in effect on the date the judgment was rendered, and theformer law is continued in effect for that purpose.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 53, eff.Sept. 1, 1995; Acts 1999, 76th Leg., ch. 943, Sec. 1, eff. Jan.1, 2000; Acts 2001, 77th Leg., ch. 1491, Sec. 1, eff. Jan. 1,2002.Amended by:Acts 2005, 79th Leg., Ch.185, Sec. 1, eff. May 27, 2005.Sec. 157.266.DATE OF DELINQUENCY.(a)A child support paymentis delinquent for the purpose of accrual of interest if thepayment is not received before the 31st day after the paymentdate stated in the order by:(1)the local registry, Title IV-D registry, or statedisbursement unit; or(2)the obligee or entity specified in the order, if paymentsare not made through a registry.(b)If a payment date is not stated in the order, a childsupport payment is delinquent if payment is not received by theregistry or the obligee or entity specified in the order on thedate that an amount equal to the support payable for one monthbecomes past due.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1999, 76th Leg., ch. 943, Sec. 2, eff. Jan.1, 2000.Sec. 157.267.INTEREST ENFORCED AS CHILD SUPPORT.Accruedinterest is part of the child support obligation and may beenforced by any means provided for the collection of childsupport.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995.Sec. 157.268.APPLICATION OF CHILD SUPPORT PAYMENT.Childsupport collected shall be applied in the following order ofpriority:(1)current child support;(2)non-delinquent child support owed;(3) the principal amount of child support that has not beenconfirmed and reduced to money judgment;(4)the principal amount of child support that has beenconfirmed and reduced to money judgment;(5)interest on the principal amounts specified in Subdivisions(3) and (4); and(6)the amount of any ordered attorney's fees or costs, or TitleIV-D service fees authorized under Section 231.103 for which theobligor is responsible.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 17, eff.Sept. 1, 2001.Amended by:Acts 2007, 80th Leg., R.S., Ch.972, Sec. 20, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch.767, Sec. 18, eff. January 1, 2010.Sec. 157.269.RETENTION OF JURISDICTION.A court that rendersan order providing for the payment of child support retainscontinuing jurisdiction to enforce the order, including byadjusting the amount of the periodic payments to be made by theobligor or the amount to be withheld from the obligor'sdisposable earnings, until all current support and medicalsupport and child support arrearages, including interest and anyapplicable fees and costs, have been paid.Added by Acts 1995, 74th Leg., ch. 751, Sec. 54, eff. Sept. 1,1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 19, eff.Sept. 1, 1999.Amended by:Acts 2007, 80th Leg., R.S., Ch.972, Sec. 26, eff. September 1, 2007.SUBCHAPTER G. CHILD SUPPORT LIENSec. 157.311.DEFINITIONS.In this subchapter:(1)"Account" means:(A)any type of a demand deposit account, checking or negotiablewithdrawal order account, savings account, time deposit account,money market mutual fund account, certificate of deposit, or anyother instrument of deposit in which an individual has abeneficial ownership either in its entirety or on a shared ormultiple party basis, including any accrued interest anddividends; and(B)a life insurance policy in which an individual has abeneficial ownership or liability insurance against which anindividual has filed a claim or counterclaim.(2)"Claimant" means:(A)the obligee or a private attorney representing the obligee;(B)the Title IV-D agency providing child support services;(C)a domestic relations office or local registry; or(D)an attorney appointed as a friend of the court.(3)"Court having continuing jurisdiction" is the court ofcontinuing, exclusive jurisdiction in this state or a tribunal ofanother state having jurisdiction under the Uniform InterstateFamily Support Act or a substantially similar act.(4)"Financial institution" has the meaning assigned by 42U.S.C. Section 669a(d)(1) and includes a depository institution,credit union, benefit association, liability or life insurancecompany, money market mutual fund, and any similar entityauthorized to do business in this state.(5)"Lien" means a child support lien issued in this or anotherstate.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 1, eff.Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 19, eff. Sept.1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 18, eff. Sept. 1,2001; Acts 2003, 78th Leg., ch. 610, Sec. 5, eff. Sept. 1, 2003.Sec. 157.312.GENERAL PROVISIONS.(a)A claimant may enforcechild support by a lien as provided in this subchapter.(b)The remedies provided by this subchapter do not affect theavailability of other remedies provided by law.(c)The lien is in addition to any other lien provided by law.(d)A child support lien arises by operation of law against realand personal property of an obligor for all amounts of childsupport due and owing, including any accrued interest, regardlessof whether the amounts have been adjudicated or otherwisedetermined, subject to the requirements of this subchapter forperfection of the lien.(e)A child support lien arising in another state may beenforced in the same manner and to the same extent as a lienarising in this state.(f)A foreclosure action under this subchapter is not requiredas a prerequisite to levy and execution on a judicial oradministrative determination of arrearages as provided by Section157.327.(g)A child support lien under this subchapter may not bedirected to an employer to attach to the disposable earnings ofan obligor paid by the employer.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 2, eff.Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 20, eff. Sept.1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 19, eff. Sept. 1,2001; Acts 2003, 78th Leg., ch. 610, Sec. 6, eff. Sept. 1, 2003.Sec. 157.313.CONTENTS OF CHILD SUPPORT LIEN NOTICE.(a)Except as provided by Subsection (e), a child support lien noticemust contain:(1)the name and address of the person to whom the notice isbeing sent;(2)the style, docket or cause number, and identity of thetribunal of this or another state having continuing jurisdictionof the child support action and, if the case is a Title IV-Dcase, the case number;(3)the full name, address, and, if known, the birth date,driver's license number, social security number, and any aliasesof the obligor;(4)the full name and, if known, social security number of theobligee;(5)the amount of the current or prospective child supportobligation, the frequency with which current or prospective childsupport is ordered to be paid, and the amount of child supportarrearages owed by the obligor and the date of the signing of thecourt order, administrative order, or writ that determined thearrearages or the date and manner in which the arrearages weredetermined;(6)the rate of interest specified in the court order,administrative order, or writ or, in the absence of a specifiedinterest rate, the rate provided for by law;(7)the name and address of the person or agency asserting thelien;(8)the motor vehicle identification number as shown on theobligor's title if the property is a motor vehicle;(9)a statement that the lien attaches to all nonexempt real andpersonal property of the obligor that is located or recorded inthe state, including any property specifically identified in thenotice and any property acquired after the date of filing ordelivery of the notice;(10)a statement that any ordered child support not timely paidin the future constitutes a final judgment for the amount due andowing, including interest, and accrues up to an amount that maynot exceed the lien amount; and(11)a statement that the obligor is being provided a copy ofthe lien notice and that the obligor may dispute the arrearageamount by filing suit under Section 157.323.(b)A claimant may include any other information that theclaimant considers necessary.(c)Except as provided by Subsection (e), the lien notice mustbe verified.(d)A claimant must file a notice for each after-acquired motorvehicle.(e)A notice of a lien for child support under this section maybe in the form authorized by federal law or regulation.Thefederal form of lien notice does not require verification whenused by the Title IV-D agency.(f)The requirement under Subsections (a)(3) and (4) to providea social security number, if known, does not apply to a liennotice for a lien on real property.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 3, eff.Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 21, eff. Sept.1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 20, eff. Sept. 1,2001.Amended by:Acts 2007, 80th Leg., R.S., Ch.972, Sec. 27, eff. September 1, 2007.Sec. 157.314.FILING LIEN NOTICE OR ABSTRACT OF JUDGMENT; NOTICETO OBLIGOR.(a)A child support lien notice or an abstract ofjudgment for past due child support may be filed by the claimantwith the county clerk of:(1)any county in which the obligor is believed to own nonexemptreal or personal property;(2)the county in which the obligor resides; or(3)the county in which the court having continuing jurisdictionhas venue of the suit affecting the parent-child relationship.(b)A child support lien notice may be filed with or deliveredto the following, as appropriate:(1)the clerk of the court in which a claim, counterclaim, orsuit by, or on behalf of, the obligor, including a claim orpotential right to proceeds from an estate as an heir,beneficiary, or creditor, is pending, provided that a copy of thelien is mailed to the attorney of record for the obligor, if any;(2)an attorney who represents the obligor in a claim orcounterclaim that has not been filed with a court;(3)any other individual or organization believed to be inpossession of real or personal property of the obligor; or(4)any governmental unit or agency that issues or recordscertificates, titles, or other indicia of property ownership.(c)Not later than the 21st day after the date of filing ordelivering the child support lien notice, the claimant shallprovide a copy of the notice to the obligor by first class orcertified mail, return receipt requested, addressed to theobligor at the obligor's last known address. If another person isknown to have an ownership interest in the property subject tothe lien, the claimant shall provide a copy of the lien notice tothat person at the time notice is provided to the obligor.(d)If a child support lien notice is delivered to a financialinstitution with respect to an account of the obligor, theinstitution shall immediately:(1)provide the claimant with the last known address of theobligor; and(2)notify any other person having an ownership interest in theaccount that the account has been frozen in an amount not toexceed the amount of the child support arrearage identified inthe notice.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 4, eff.Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 22, eff. Sept.1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 21, eff. Sept. 1,2001.Sec. 157.3145.SERVICE ON FINANCIAL INSTITUTION.(a)Serviceof a child support lien notice on a financial institutionrelating to property held by the institution in the name of, orin behalf of, an obligor is governed by Section 59.008, FinanceCode, if the institution is subject to that law, or may bedelivered to the registered agent, the institution's mainbusiness office in this state, or another address provided by theinstitution under Section 231.307.(b)A financial institution doing business in this state shallcomply with the notice of lien and levy under this sectionregardless of whether the institution's corporate headquarters islocated in this state.Added by Acts 2001, 77th Leg., ch. 1023, Sec. 22, eff. Sept. 1,2001. Amended by Acts 2003, 78th Leg., ch. 610, Sec. 7, eff.Sept. 1, 2003.Sec. 157.315.RECORDING AND INDEXING LIEN.(a)On receipt of achild support lien notice, the county clerk shall immediatelyrecord the notice in the county judgment records as provided inChapter 52, Property Code.(b)The county clerk may not charge the Title IV-D agency, adomestic relations office, a friend of the court, or any otherparty a fee for recording the notice of a lien. To qualify forthis exemption, the lien notice must be styled "Notice of ChildSupport Lien" or be in the form authorized by federal law orregulation.(c)The county clerk may not charge the Title IV-D agency, adomestic relations office, or a friend of the court a fee forrecording the release of a child support lien. The lien releasemust be styled "Release of Child Support Lien."Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1999, 76th Leg., ch. 595, Sec. 1, eff.Sept. 1, 1999; Acts 1999, 76th Leg., ch. 769, Sec. 1, eff. Sept.1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 23, eff. Sept. 1,2001.Sec. 157.316.PERFECTION OF CHILD SUPPORT LIEN.(a)Except asprovided by Subsection (b), a child support lien is perfectedwhen an abstract of judgment for past due child support or achild support lien notice is filed or delivered as provided bySection 157.314.(b)If a lien established under this subchapter attaches to amotor vehicle, the lien must be perfected in the manner providedby Chapter 501, Transportation Code, and the court or Title IV-Dagency that rendered the order of child support shall include inthe order a requirement that the obligor surrender to the courtor Title IV-D agency evidence of the legal ownership of the motorvehicle against which the lien may attach.A lien against amotor vehicle under this subchapter is not perfected until theobligor's title to the vehicle has been surrendered to the courtor Title IV-D agency and the Texas Department of Motor Vehicleshas issued a subsequent title that discloses on its face the factthat the vehicle is subject to a child support lien under thissubchapter.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 5, eff.Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 23, eff. Sept.1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 24, eff. Sept. 1,2001.Amended by:Acts 2009, 81st Leg., R.S., Ch.933, Sec. 3C.01, eff. September 1, 2009.Sec. 157.317.PROPERTY TO WHICH LIEN ATTACHES.(a)A childsupport lien attaches to all real and personal property notexempt under the Texas Constitution or other law, including:(1)an account in a financial institution;(2)a retirement plan, including an individual retirementaccount; and(3)the proceeds of a life insurance policy, a claim fornegligence or personal injury, or an insurance settlement oraward for the claim, due to or owned by the obligor.(a-1)A lien attaches to all property owned or acquired on orafter the date the lien notice or abstract of judgment is filedwith the county clerk of the county in which the property islocated, with the court clerk as to property or claims inlitigation, or, as to property of the obligor in the possessionor control of a third party, from the date the lien notice isdelivered to that party.(b)A lien attaches to all nonhomestead real property of theobligor but does not attach to a homestead exempt under the TexasConstitution or the Property Code.Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 6, eff.Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 24, eff. Sept.1, 1997; Acts 1999, 76th Leg., ch. 344, Sec. 7.007, eff. Sept. 1,1999; Acts 1999, 76th Leg., ch. 556, Sec. 20, eff. Sept. 1, 1999;Acts 2001, 77th Leg., ch. 1023, Sec. 25,
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  • FAMILY CODE

    TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE

    PARENT-CHILD RELATIONSHIP

    SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP

    CHAPTER 157. ENFORCEMENT

    SUBCHAPTER A. PLEADINGS AND DEFENSES

    Sec. 157.001. MOTION FOR ENFORCEMENT. (a) A motion for

    enforcement as provided in this chapter may be filed to enforce a

    final order for conservatorship, child support, possession of or

    access to a child, or other provisions of a final order.

    (b) The court may enforce by contempt a final order for

    possession of and access to a child as provided in this chapter.

    (c) The court may enforce a final order for child support as

    provided in this chapter or Chapter 158.

    (d) A motion for enforcement shall be filed in the court of

    continuing, exclusive jurisdiction.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.002. CONTENTS OF MOTION. (a) A motion for enforcement

    must, in ordinary and concise language:

    (1) identify the provision of the order allegedly violated and

    sought to be enforced;

    (2) state the manner of the respondent's alleged noncompliance;

    (3) state the relief requested by the movant; and

    (4) contain the signature of the movant or the movant's

    attorney.

    (b) A motion for enforcement of child support:

    (1) must include the amount owed as provided in the order, the

    amount paid, and the amount of arrearages;

    (2) if contempt is requested, must include the portion of the

    order allegedly violated and, for each date of alleged contempt,

    the amount due and the amount paid, if any;

    (3) may include as an attachment a copy of a record of child

    support payments maintained by the Title IV-D registry or a local

    registry; and

    (4) if the obligor owes arrearages for a child receiving

    assistance under Part A of Title IV of the federal Social

    Security Act (42 U.S.C. Section 601 et seq.), may include a

    request that:

    (A) the obligor pay the arrearages in accordance with a plan

    approved by the court; or

    (B) if the obligor is already subject to a plan and is not

    incapacitated, the obligor participate in work activities, as

    defined under 42 U.S.C. Section 607(d), that the court determines

    appropriate.

    (c) A motion for enforcement of the terms and conditions of

    conservatorship or possession of or access to a child must

    include the date, place, and, if applicable, the time of each

    occasion of the respondent's failure to comply with the order.

    (d) The movant is not required to plead that the underlying

    order is enforceable by contempt to obtain other appropriate

    enforcement remedies.

    (e) The movant may allege repeated past violations of the order

    and that future violations of a similar nature may occur before

    the date of the hearing.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 17, eff.

    Sept. 1, 1997.

    Sec. 157.003. JOINDER OF CLAIMS AND REMEDIES; NO ELECTION OF

    REMEDIES. (a) A party requesting enforcement may join in the

    same proceeding any claim and remedy provided for in this

    chapter, other provisions of this title, or other rules of law.

    (b) A motion for enforcement does not constitute an election of

    remedies that limits or precludes:

    (1) the use of any other civil or criminal proceeding to enforce

    a final order; or

    (2) a suit for damages under Chapter 42.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.24, eff.

    Sept. 1, 1999.

    Sec. 157.004. TIME LIMITATIONS; ENFORCEMENT OF POSSESSION. The

    court retains jurisdiction to render a contempt order for failure

    to comply with the order of possession and access if the motion

    for enforcement is filed not later than the sixth month after the

    date:

    (1) the child becomes an adult; or

    (2) on which the right of possession and access terminates under

    the order or by operation of law.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.005. TIME LIMITATIONS; ENFORCEMENT OF CHILD SUPPORT.

    (a) The court retains jurisdiction to render a contempt order

    for failure to comply with the child support order if the motion

    for enforcement is filed not later than the second anniversary of

    the date:

    (1) the child becomes an adult; or

    (2) on which the child support obligation terminates under the

    order or by operation of law.

    (b) The court retains jurisdiction to confirm the total amount

    of child support arrearages and render a cumulative money

    judgment for past-due child support, as provided by Section

    157.263, if a motion for enforcement requesting a cumulative

    money judgment is filed not later than the 10th anniversary after

    the date:

    (1) the child becomes an adult; or

    (2) on which the child support obligation terminates under the

    child support order or by operation of law.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 15, eff.

    Sept. 1, 1999.

    Amended by:

    Acts 2005, 79th Leg., Ch.

    916, Sec. 21, eff. June 18, 2005.

    Acts 2007, 80th Leg., R.S., Ch.

    972, Sec. 17, eff. September 1, 2007.

    Acts 2009, 81st Leg., R.S., Ch.

    767, Sec. 13, eff. June 19, 2009.

    Sec. 157.006. AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT.

    (a) The issue of the existence of an affirmative defense to a

    motion for enforcement does not arise unless evidence is admitted

    supporting the defense.

    (b) The respondent must prove the affirmative defense by a

    preponderance of the evidence.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.007. AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT OF

    POSSESSION OR ACCESS. (a) The respondent may plead as an

    affirmative defense to contempt for failure to comply with an

    order for possession or access to a child that the movant

    voluntarily relinquished actual possession and control of the

    child.

    (b) The voluntary relinquishment must have been for the time

    encompassed by the court-ordered periods during which the

    respondent is alleged to have interfered.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.008. AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT OF

    CHILD SUPPORT. (a) An obligor may plead as an affirmative

    defense in whole or in part to a motion for enforcement of child

    support that the obligee voluntarily relinquished to the obligor

    actual possession and control of a child.

    (b) The voluntary relinquishment must have been for a time

    period in excess of any court-ordered periods of possession of

    and access to the child and actual support must have been

    supplied by the obligor.

    (c) An obligor may plead as an affirmative defense to an

    allegation of contempt or of the violation of a condition of

    community service requiring payment of child support that the

    obligor:

    (1) lacked the ability to provide support in the amount ordered;

    (2) lacked property that could be sold, mortgaged, or otherwise

    pledged to raise the funds needed;

    (3) attempted unsuccessfully to borrow the funds needed; and

    (4) knew of no source from which the money could have been

    borrowed or legally obtained.

    (d) An obligor who has provided actual support to the child

    during a time subject to an affirmative defense under this

    section may request reimbursement for that support as a

    counterclaim or offset against the claim of the obligee.

    (e) An action against the obligee for support supplied to a

    child is limited to the amount of periodic payments previously

    ordered by the court.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.009. CREDIT FOR PAYMENT OF DISABILITY BENEFITS. In

    addition to any other credit or offset available to an obligor

    under this title, if a child for whom the obligor owes child

    support receives a lump-sum payment as a result of the obligor's

    disability and that payment is made to the obligee as the

    representative payee of the child, the obligor is entitled to a

    credit. The credit under this section is equal to the amount of

    the lump-sum payment and shall be applied to any child support

    arrearage and interest owed by the obligor on behalf of that

    child at the time the payment is made.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    538, Sec. 1, eff. June 19, 2009.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    767, Sec. 14, eff. June 19, 2009.

    SUBCHAPTER B. PROCEDURE

    Sec. 157.061. SETTING HEARING. (a) On filing a motion for

    enforcement requesting contempt, the court shall set the date,

    time, and place of the hearing and order the respondent to

    personally appear and respond to the motion.

    (b) If the motion for enforcement does not request contempt, the

    court shall set the motion for hearing on the request of a party.

    (c) The court shall give preference to a motion for enforcement

    of child support in setting a hearing date and may not delay the

    hearing because a suit for modification of the order requested to

    be enforced has been or may be filed.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.062. NOTICE OF HEARING. (a) The notice of hearing

    must include the date, time, and place of the hearing.

    (b) The notice of hearing need not repeat the allegations

    contained in the motion for enforcement.

    (c) Notice of hearing on a motion for enforcement of an existing

    order providing for child support or possession of or access to a

    child shall be given to the respondent by personal service of a

    copy of the motion and notice not later than the 10th day before

    the date of the hearing.

    (d) If a motion for enforcement is joined with another claim:

    (1) the hearing may not be held before 10 a.m. on the first

    Monday after the 20th day after the date of service; and

    (2) the provisions of the Texas Rules of Civil Procedure

    applicable to the filing of an original lawsuit apply.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 49, eff.

    Sept. 1, 1995.

    Sec. 157.063. APPEARANCE. A party makes a general appearance

    for all purposes in an enforcement proceeding if:

    (1) the party appears at the hearing or is present when the case

    is called; and

    (2) the party does not object to the court's jurisdiction or the

    form or manner of the notice of hearing.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.064. SPECIAL EXCEPTION. (a) If a respondent specially

    excepts to the motion for enforcement or moves to strike, the

    court shall rule on the exception or the motion to strike before

    it hears the motion for enforcement.

    (b) If an exception is sustained, the court shall give the

    movant an opportunity to replead and continue the hearing to a

    designated date and time without the requirement of additional

    service.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.065. NOTICE OF HEARING, FIRST CLASS MAIL. (a) If a

    party has been ordered under Chapter 105 to provide the court and

    the state case registry with the party's current mailing address,

    notice of a hearing on a motion for enforcement may be served by

    mailing a copy of the notice to the respondent, together with a

    copy of the motion, by first class mail to the last mailing

    address of the respondent on file with the court and the

    registry.

    (b) The notice may be sent by the clerk of the court, the

    movant's attorney, or any person entitled to the address

    information as provided in Chapter 105.

    (c) A person who sends the notice shall file of record a

    certificate of service showing the date of mailing and the name

    of the person who sent the notice.

    (d) Repealed by Acts 1997, 75th Leg., ch. 911, Sec. 97(a), eff.

    Sept. 1, 1997.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 18, 97(a),

    eff. Sept. 1, 1997.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    972, Sec. 18, eff. September 1, 2007.

    Sec. 157.066. FAILURE TO APPEAR. If a respondent who has been

    personally served with notice to appear at a hearing does not

    appear at the designated time, place, and date to respond to a

    motion for enforcement of an existing court order, regardless of

    whether the motion is joined with other claims or remedies, the

    court may not hold the respondent in contempt but may, on proper

    proof, grant a default judgment for the relief sought and issue a

    capias for the arrest of the respondent.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 50, eff.

    Sept. 1, 1995.

    SUBCHAPTER C. FAILURE TO APPEAR; BOND OR SECURITY

    Sec. 157.101. BOND OR SECURITY FOR RELEASE OF RESPONDENT. (a)

    When the court orders the issuance of a capias as provided in

    this chapter, the court shall also set an appearance bond or

    security, payable to the obligee or to a person designated by the

    court, in a reasonable amount.

    (b) An appearance bond or security in the amount of $1,000 or a

    cash bond in the amount of $250 is presumed to be reasonable.

    Evidence that the respondent has attempted to evade service of

    process, has previously been found guilty of contempt, or has

    accrued arrearages over $1,000 is sufficient to rebut the

    presumption. If the presumption is rebutted, the court shall set

    a reasonable bond.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.102. CAPIAS OR WARRANT; DUTY OF LAW ENFORCEMENT

    OFFICIALS. Law enforcement officials shall treat a capias or

    arrest warrant ordered under this chapter in the same manner as

    an arrest warrant for a criminal offense and shall enter the

    capias or warrant in the computer records for outstanding

    warrants maintained by the local police, sheriff, and Department

    of Public Safety. The capias or warrant shall be forwarded to

    and disseminated by the Texas Crime Information Center and the

    National Crime Information Center.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1997, 75th Leg., ch. 702, Sec. 3, eff.

    Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 16, eff. Sept.

    1, 1999.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    972, Sec. 19, eff. September 1, 2007.

    Sec. 157.103. CAPIAS FEES. (a) The fee for issuing a capias as

    provided in this chapter is the same as the fee for issuance of a

    writ of attachment.

    (b) The fee for serving a capias is the same as the fee for

    service of a writ in civil cases generally.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.104. CONDITIONAL RELEASE. If the respondent is taken

    into custody and released on bond, the court shall condition the

    bond on the respondent's promise to appear in court for a hearing

    as required by the court without the necessity of further

    personal service of notice on the respondent.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.105. RELEASE HEARING. (a) If the respondent is taken

    into custody and not released on bond, the respondent shall be

    brought before the court that issued the capias on or before the

    third working day after the arrest. The court shall determine

    whether the respondent's appearance in court at a designated time

    and place can be assured by a method other than by posting the

    bond or security previously established.

    (b) If the respondent is released without posting bond or

    security, the court shall set a hearing on the alleged contempt

    at a designated date, time, and place and give the respondent

    notice of hearing in open court. No other notice to the

    respondent is required.

    (c) If the court is not satisfied that the respondent's

    appearance in court can be assured and the respondent remains in

    custody, a hearing on the alleged contempt shall be held as soon

    as practicable, but not later than the seventh day after the date

    that the respondent was taken into custody, unless the respondent

    and the respondent's attorney waive the accelerated hearing.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    972, Sec. 21, eff. September 1, 2007.

    Sec. 157.106. CASH BOND AS SUPPORT. (a) If the respondent has

    posted a cash bond and is found to be in arrears in the payment

    of court-ordered child support, the court shall order that the

    proceeds of the cash bond be paid to the child support obligee or

    to a person designated by the court, not to exceed the amount of

    child support arrearages determined to exist.

    (b) This section applies without regard to whether the

    respondent appears at the hearing.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.107. APPEARANCE BOND OR SECURITY OTHER THAN CASH BOND

    AS SUPPORT. (a) If the respondent fails to appear at the

    hearing as directed, the court shall order that the appearance

    bond or security be forfeited and that the proceeds of any

    judgment on the bond or security, not to exceed the amount of

    child support arrearages determined to exist, be paid to the

    obligee or to a person designated by the court.

    (b) The obligee may file suit on the bond.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.108. CASH BOND AS PROPERTY OF RESPONDENT. A court

    shall treat a cash bond posted for the benefit of the respondent

    as the property of the respondent. A person who posts the cash

    bond does not have recourse in relation to an order regarding the

    bond other than against the respondent.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.109. SECURITY FOR COMPLIANCE WITH ORDER. (a) The

    court may order the respondent to execute a bond or post security

    if the court finds that the respondent:

    (1) has on two or more occasions denied possession of or access

    to a child who is the subject of the order; or

    (2) is employed by an employer not subject to the jurisdiction

    of the court or for whom income withholding is unworkable or

    inappropriate.

    (b) The court shall set the amount of the bond or security and

    condition the bond or security on compliance with the court order

    permitting possession or access or the payment of past-due or

    future child support.

    (c) The court shall order the bond or security payable through

    the registry of the court:

    (1) to the obligee or other person or entity entitled to receive

    child support payments designated by the court if enforcement of

    child support is requested; or

    (2) to the person who is entitled to possession or access if

    enforcement of possession or access is requested.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.110. FORFEITURE OF SECURITY FOR FAILURE TO COMPLY WITH

    ORDER. (a) On the motion of a person or entity for whose

    benefit a bond has been executed or security deposited, the court

    may forfeit all or part of the bond or security deposit on a

    finding that the person who furnished the bond or security:

    (1) has violated the court order for possession of and access to

    a child; or

    (2) failed to make child support payments.

    (b) The court shall order the registry to pay the funds from a

    forfeited bond or security deposit to the obligee or person or

    entity entitled to receive child support payments in an amount

    that does not exceed the child support arrearages or, in the case

    of possession of or access to a child, to the person entitled to

    possession or access.

    (c) The court may order that all or part of the forfeited amount

    be applied to pay attorney's fees and costs incurred by the

    person or entity bringing the motion for contempt or motion for

    forfeiture.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.111. FORFEITURE NOT DEFENSE TO CONTEMPT. The

    forfeiture of bond or security is not a defense in a contempt

    proceeding.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.112. JOINDER OF FORFEITURE AND CONTEMPT PROCEEDINGS. A

    motion for enforcement requesting contempt may be joined with a

    forfeiture proceeding.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.113. APPLICATION OF BOND PENDING WRIT. If the obligor

    requests to execute a bond or to post security pending a hearing

    by an appellate court on a writ, the bond or security on

    forfeiture shall be payable to the obligee.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.114. FAILURE TO APPEAR. The court may order a capias

    to be issued for the arrest of the respondent if:

    (1) the motion for enforcement requests contempt;

    (2) the respondent was personally served; and

    (3) the respondent fails to appear.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.115. DEFAULT JUDGMENT. (a) The court may render a

    default order for the relief requested if the respondent:

    (1) has been personally served, has filed an answer, or has

    entered an appearance; and

    (2) does not appear at the designated time, place, and date to

    respond to the motion.

    (b) If the respondent fails to appear, the court may not hold

    the respondent in contempt but may order a capias to be issued.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 51, eff.

    Sept. 1, 1995.

    SUBCHAPTER D. HEARING AND ENFORCEMENT ORDER

    Sec. 157.161. RECORD. (a) Except as provided by Subsection

    (b), a record of the hearing in a motion for enforcement shall be

    made by a court reporter or as provided by Chapter 201.

    (b) A record is not required if:

    (1) the parties agree to an order; or

    (2) the motion does not request incarceration and the parties

    waive the requirement of a record at the time of hearing, either

    in writing or in open court, and the court approves waiver.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.162. PROOF. (a) The movant is not required to prove

    that the underlying order is enforceable by contempt to obtain

    other appropriate enforcement remedies.

    (b) A finding that the respondent is not in contempt does not

    preclude the court from ordering any other enforcement remedy,

    including rendering a money judgment, posting a bond or other

    security, or withholding income.

    (c) A copy of the payment record attached to the motion is

    evidence of the facts asserted in the payment record and is

    admissible to show whether payments were made. The respondent may

    offer controverting evidence.

    (d) The court may not find a respondent in contempt of court for

    failure to pay child support if the respondent appears at the

    hearing with a copy of the payment record or other evidence

    satisfactory to the court showing that the respondent is current

    in the payment of child support as ordered by the court.

    (e) Notwithstanding Subsection (d), the court may award the

    petitioner costs of court and reasonable attorney's fees in a

    proceeding described by that subsection if the court finds that:

    (1) on the date the motion for enforcement was filed, the

    respondent was not current in the payment of child support as

    ordered by the court; and

    (2) the respondent made the child support payments described by

    Subsection (d) after the date the respondent was served notice of

    the motion or otherwise discovered that the motion for

    enforcement had been filed.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    1189, Sec. 1, eff. June 15, 2007.

    Acts 2009, 81st Leg., R.S., Ch.

    767, Sec. 15, eff. June 19, 2009.

    Sec. 157.163. APPOINTMENT OF ATTORNEY. (a) In a motion for

    enforcement or motion to revoke community service, the court must

    first determine whether incarceration of the respondent is a

    possible result of the proceedings.

    (b) If the court determines that incarceration is a possible

    result of the proceedings, the court shall inform a respondent

    not represented by an attorney of the right to be represented by

    an attorney and, if the respondent is indigent, of the right to

    the appointment of an attorney.

    (c) If the court determines that the respondent will not be

    incarcerated as a result of the proceedings, the court may

    require a respondent who is indigent to proceed without an

    attorney.

    (d) If the respondent claims indigency and requests the

    appointment of an attorney, the court shall require the

    respondent to file an affidavit of indigency. The court may hear

    evidence to determine the issue of indigency.

    (e) Except as provided by Subsection (c), the court shall

    appoint an attorney to represent the respondent if the court

    determines that the respondent is indigent.

    (f) If the respondent is not in custody, an appointed attorney

    is entitled to not less than 10 days from the date of the

    attorney's appointment to respond to the movant's pleadings and

    prepare for the hearing.

    (g) If the respondent is in custody, an appointed attorney is

    entitled to not less than five days from the date the respondent

    was taken into custody to respond to the movant's pleadings and

    prepare for the hearing.

    (h) The court may shorten or extend the time for preparation if

    the respondent and the respondent's attorney sign a waiver of the

    time limit.

    (i) The scope of the court appointment of an attorney to

    represent the respondent is limited to the allegation of contempt

    or of violation of community supervision contained in the motion

    for enforcement or motion to revoke community supervision.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.164. PAYMENT OF APPOINTED ATTORNEY. (a) An attorney

    appointed to represent an indigent respondent is entitled to a

    reasonable fee for services within the scope of the appointment

    in the amount set by the court.

    (b) The fee shall be paid from the general funds of the county

    according to the schedule for the compensation of counsel

    appointed to defend criminal defendants as provided in the Code

    of Criminal Procedure.

    (c) For purposes of this section, a proceeding in a court of

    appeals or the Supreme Court of Texas is considered the

    equivalent of a bona fide appeal to the Texas Court of Criminal

    Appeals.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.165. PROBATION OF CONTEMPT ORDER. The court may place

    the respondent on community supervision and suspend commitment if

    the court finds that the respondent is in contempt of court for

    failure or refusal to obey an order rendered as provided in this

    title.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.25, eff.

    Sept. 1, 1999.

    Sec. 157.166. CONTENTS OF ENFORCEMENT ORDER. (a) An

    enforcement order must include:

    (1) in ordinary and concise language the provisions of the order

    for which enforcement was requested;

    (2) the acts or omissions that are the subject of the order;

    (3) the manner of the respondent's noncompliance; and

    (4) the relief granted by the court.

    (b) If the order imposes incarceration or a fine for criminal

    contempt, an enforcement order must contain findings identifying,

    setting out, or incorporating by reference the provisions of the

    order for which enforcement was requested and the date of each

    occasion when the respondent's failure to comply with the order

    was found to constitute criminal contempt.

    (c) If the enforcement order imposes incarceration for civil

    contempt, the order must state the specific conditions on which

    the respondent may be released from confinement.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 17, eff.

    Sept. 1, 1999.

    Sec. 157.167. RESPONDENT TO PAY ATTORNEY'S FEES AND COSTS. (a)

    If the court finds that the respondent has failed to make child

    support payments, the court shall order the respondent to pay the

    movant's reasonable attorney's fees and all court costs in

    addition to the arrearages. Fees and costs ordered under this

    subsection may be enforced by any means available for the

    enforcement of child support, including contempt.

    (b) If the court finds that the respondent has failed to comply

    with the terms of an order providing for the possession of or

    access to a child, the court shall order the respondent to pay

    the movant's reasonable attorney's fees and all court costs in

    addition to any other remedy. If the court finds that the

    enforcement of the order with which the respondent failed to

    comply was necessary to ensure the child's physical or emotional

    health or welfare, the fees and costs ordered under this

    subsection may be enforced by any means available for the

    enforcement of child support, including contempt, but not

    including income withholding.

    (c) Except as provided by Subsection (d), for good cause shown,

    the court may waive the requirement that the respondent pay

    attorney's fees and costs if the court states the reasons

    supporting that finding.

    (d) If the court finds that the respondent is in contempt of

    court for failure or refusal to pay child support and that the

    respondent owes $20,000 or more in child support arrearages, the

    court may not waive the requirement that the respondent pay

    attorney's fees and costs unless the court also finds that the

    respondent:

    (1) is involuntarily unemployed or is disabled; and

    (2) lacks the financial resources to pay the attorney's fees and

    costs.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 18, eff.

    Sept. 1, 1999; Acts 2003, 78th Leg., ch. 477, Sec. 1, eff. Sept.

    1, 2003; Acts 2003, 78th Leg., ch. 1262, Sec. 1, eff. Sept. 1,

    2003.

    Reenacted and amended by Acts 2005, 79th Leg., Ch.

    253, Sec. 1, eff. September 1, 2005.

    Sec. 157.168. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. (a)

    A court may order additional periods of possession of or access

    to a child to compensate for the denial of court-ordered

    possession or access. The additional periods of possession or

    access:

    (1) must be of the same type and duration of the possession or

    access that was denied;

    (2) may include weekend, holiday, and summer possession or

    access; and

    (3) must occur on or before the second anniversary of the date

    the court finds that court-ordered possession or access has been

    denied.

    (b) The person denied possession or access is entitled to decide

    the time of the additional possession or access, subject to the

    provisions of Subsection (a)(1).

    Added by Acts 1995, 74th Leg., ch. 751, Sec. 52, eff. Sept. 1,

    1995. Amended by Acts 1997, 75th Leg., ch. 974, Sec. 1, eff.

    Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1034, Sec. 1, eff. Sept.

    1, 1999.

    SUBCHAPTER E. COMMUNITY SUPERVISION

    Sec. 157.211. CONDITIONS OF COMMUNITY SUPERVISION. If the court

    places the respondent on community supervision and suspends

    commitment, the terms and conditions of community supervision may

    include the requirement that the respondent:

    (1) report to the community supervision officer as directed;

    (2) permit the community supervision officer to visit the

    respondent at the respondent's home or elsewhere;

    (3) obtain counseling on financial planning, budget management,

    conflict resolution, parenting skills, alcohol or drug abuse, or

    other matters causing the respondent to fail to obey the order;

    (4) pay required child support and any child support arrearages;

    (5) pay court costs and attorney's fees ordered by the court;

    (6) seek employment assistance services offered by the Texas

    Workforce Commission under Section 302.0035, Labor Code, if

    appropriate; and

    (7) participate in mediation or other services to alleviate

    conditions that prevent the respondent from obeying the court's

    order.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1997, 75th Leg., ch. 702, Sec. 4, eff.

    Sept. 1, 1997; Acts 1999, 76th Leg., ch. 946, Sec. 2, eff. Sept.

    1, 1999; Acts 2001, 77th Leg., ch. 311, Sec. 1, eff. Sept. 1,

    2001.

    Sec. 157.212. TERM OF COMMUNITY SUPERVISION. The initial period

    of community supervision may not exceed 10 years. The court may

    continue the community supervision beyond 10 years until the

    earlier of:

    (1) the second anniversary of the date on which the community

    supervision first exceeded 10 years; or

    (2) the date on which all child support, including arrearages

    and interest, has been paid.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1999, 76th Leg., ch. 1313, Sec. 1, eff.

    Sept. 1, 1999.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    972, Sec. 22, eff. September 1, 2007.

    Sec. 157.213. COMMUNITY SUPERVISION FEES. (a) The court may

    require the respondent to pay a fee to the court in an amount

    equal to that required of a criminal defendant subject to

    community supervision.

    (b) The court may make payment of the fee a condition of

    granting or continuing community supervision.

    (c) The court shall deposit the fees received under this

    subchapter as follows:

    (1) if the community supervision officer is employed by a

    community supervision and corrections department, in the special

    fund of the county treasury provided by the Code of Criminal

    Procedure to be used for community supervision; or

    (2) if the community supervision officer is employed by a

    domestic relations office, in one of the following funds, as

    determined by the office's administering entity:

    (A) the general fund for the county in which the domestic

    relations office is located; or

    (B) the office fund established by the administering entity for

    the domestic relations office.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 2001, 77th Leg., ch. 311, Sec. 2, eff.

    Sept. 1, 2001.

    Sec. 157.214. MOTION TO REVOKE COMMUNITY SUPERVISION. A

    prosecuting attorney, the Title IV-D agency, a domestic relations

    office, or a party affected by the order may file a verified

    motion alleging specifically that certain conduct of the

    respondent constitutes a violation of the terms and conditions of

    community supervision.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 2001, 77th Leg., ch. 311, Sec. 3, eff.

    Sept. 1, 2001.

    Sec. 157.215. ARREST FOR ALLEGED VIOLATION OF COMMUNITY

    SUPERVISION. (a) If the motion to revoke community supervision

    alleges a prima facie case that the respondent has violated a

    term or condition of community supervision, the court may order

    the respondent's arrest by warrant.

    (b) The respondent shall be brought promptly before the court

    ordering the arrest.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.216. HEARING ON MOTION TO REVOKE COMMUNITY SUPERVISION.

    (a) The court shall hold a hearing without a jury not later

    than the third working day after the date the respondent is

    arrested under Section 157.215. If the court is unavailable for

    a hearing on that date, the hearing shall be held not later than

    the third working day after the date the court becomes available.

    (b) The hearing under this section may not be held later than

    the seventh working day after the date the respondent is

    arrested.

    (c) After the hearing, the court may continue, modify, or revoke

    the community supervision.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    972, Sec. 23, eff. September 1, 2007.

    Sec. 157.217. DISCHARGE FROM COMMUNITY SUPERVISION. (a) When a

    community supervision period has been satisfactorily completed,

    the court on its own motion shall discharge the respondent from

    community supervision.

    (b) The court may discharge the respondent from community

    supervision on the motion of the respondent if the court finds

    that the respondent:

    (1) has satisfactorily completed one year of community

    supervision; and

    (2) has fully complied with the community supervision order.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    SUBCHAPTER F. JUDGMENT AND INTEREST

    Sec. 157.261. UNPAID CHILD SUPPORT AS JUDGMENT. (a) A child

    support payment not timely made constitutes a final judgment for

    the amount due and owing, including interest as provided in this

    chapter.

    (b) For the purposes of this subchapter, interest begins to

    accrue on the date the judge signs the order for the judgment

    unless the order contains a statement that the order is rendered

    on another specific date.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1997, 75th Leg., ch. 702, Sec. 5, eff.

    Sept. 1, 1997.

    Sec. 157.262. REDUCTION OF ARREARAGES; ABEYANCE OF ENFORCEMENT.

    (a) Except as provided by this section, in a contempt proceeding

    or in rendering a money judgment, the court may not reduce or

    modify the amount of child support arrearages.

    (b) In an enforcement action under this chapter, the court may,

    with the agreement of the Title IV-D agency, hold in abeyance the

    enforcement of any arrearages, including interest, assigned to

    the Title IV-D agency under Section 231.104(a) if, for the period

    of the court's order of abeyance of enforcement, the obligor:

    (1) timely and fully pays the obligor's current child support

    under a court or administrative order; and

    (2) is involved in the life of the child for whom support is

    ordered through the exercise of the obligor's right of possession

    of or access to the child.

    (c) If the court orders an abeyance of enforcement of arrearages

    under this section, the court may require the obligor to obtain

    counseling on parenting skills, work skills, job placement,

    financial planning, conflict resolution, substance abuse, or

    other matters causing the obligor to fail to obey the child

    support order.

    (d) If the court finds in a subsequent hearing that the obligor

    has not met the conditions set by the court's order under this

    section, the court shall terminate the abeyance of enforcement of

    the arrearages.

    (e) On the expiration of the child support order, the court may,

    with the agreement of the Title IV-D agency, reduce the amount of

    the arrearages assigned to the Title IV-D agency under Section

    231.104(a) if the court finds that the obligor has complied with

    the conditions set by the court under this section.

    (f) The money judgment for arrearages rendered by the court may

    be subject to a counterclaim or offset as provided by this title.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 2001, 77th Leg., ch. 392, Sec. 3, eff.

    Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1023, Sec. 15, eff.

    Sept. 1, 2001.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    538, Sec. 2, eff. June 19, 2009.

    Acts 2009, 81st Leg., R.S., Ch.

    767, Sec. 16, eff. June 19, 2009.

    Sec. 157.263. CONFIRMATION OF ARREARAGES. (a) If a motion for

    enforcement of child support requests a money judgment for

    arrearages, the court shall confirm the amount of arrearages and

    render one cumulative money judgment.

    (b) A cumulative money judgment includes:

    (1) unpaid child support not previously confirmed;

    (2) the balance owed on previously confirmed arrearages or lump

    sum or retroactive support judgments;

    (3) interest on the arrearages; and

    (4) a statement that it is a cumulative judgment.

    (c) If the amount of arrearages confirmed by the court reflects

    a credit to the obligor for support arrearages collected from a

    federal tax refund under 42 U.S.C. Section 664, and,

    subsequently, the amount of that credit is reduced because the

    refund was adjusted because of an injured spouse claim by a

    jointly filing spouse, the tax return was amended, the return was

    audited by the Internal Revenue Service, or for another reason

    permitted by law, the court shall render a new cumulative

    judgment to include as arrearages an amount equal to the amount

    by which the credit was reduced.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 2003, 78th Leg., ch. 610, Sec. 4, eff.

    Sept. 1, 2003.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    972, Sec. 24, eff. September 1, 2007.

    Sec. 157.264. ENFORCEMENT OF JUDGMENT. (a) A money judgment

    rendered as provided in this subchapter may be enforced by any

    means available for the enforcement of a judgment for debts.

    (b) The court shall render an order requiring that the obligor

    make periodic payments on the judgment, including by income

    withholding under Chapter 158 if the obligor is subject to income

    withholding.

    (c) An order rendered under Subsection (b) does not preclude or

    limit the use of any other means for enforcement of the judgment.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 16, eff.

    Sept. 1, 2001.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    972, Sec. 25, eff. September 1, 2007.

    Acts 2009, 81st Leg., R.S., Ch.

    767, Sec. 17, eff. June 19, 2009.

    Sec. 157.265. ACCRUAL OF INTEREST ON CHILD SUPPORT. (a)

    Interest accrues on the portion of delinquent child support that

    is greater than the amount of the monthly periodic support

    obligation at the rate of six percent simple interest per year

    from the date the support is delinquent until the date the

    support is paid or the arrearages are confirmed and reduced to

    money judgment.

    (b) Interest accrues on child support arrearages that have been

    confirmed and reduced to money judgment as provided in this

    subchapter at the rate of six percent simple interest per year

    from the date the order is rendered until the date the judgment

    is paid.

    (c) Interest accrues on a money judgment for retroactive or

    lump-sum child support at the annual rate of six percent simple

    interest from the date the order is rendered until the judgment

    is paid.

    (d) Subsection (a) applies to a child support payment that

    becomes due on or after January 1, 2002.

    (e) Child support arrearages in existence on January 1, 2002,

    that were not confirmed and reduced to a money judgment on or

    before that date accrue interest as follows:

    (1) before January 1, 2002, the arrearages are subject to the

    interest rate that applied to the arrearages before that date;

    and

    (2) on and after January 1, 2002, the cumulative total of

    arrearages and interest accumulated on those arrearages described

    by Subdivision (1) is subject to Subsection (a).

    (f) Subsections (b) and (c) apply to a money judgment for child

    support rendered on or after January 1, 2002. A money judgment

    for child support rendered before that date is governed by the

    law in effect on the date the judgment was rendered, and the

    former law is continued in effect for that purpose.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 53, eff.

    Sept. 1, 1995; Acts 1999, 76th Leg., ch. 943, Sec. 1, eff. Jan.

    1, 2000; Acts 2001, 77th Leg., ch. 1491, Sec. 1, eff. Jan. 1,

    2002.

    Amended by:

    Acts 2005, 79th Leg., Ch.

    185, Sec. 1, eff. May 27, 2005.

    Sec. 157.266. DATE OF DELINQUENCY. (a) A child support payment

    is delinquent for the purpose of accrual of interest if the

    payment is not received before the 31st day after the payment

    date stated in the order by:

    (1) the local registry, Title IV-D registry, or state

    disbursement unit; or

    (2) the obligee or entity specified in the order, if payments

    are not made through a registry.

    (b) If a payment date is not stated in the order, a child

    support payment is delinquent if payment is not received by the

    registry or the obligee or entity specified in the order on the

    date that an amount equal to the support payable for one month

    becomes past due.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1999, 76th Leg., ch. 943, Sec. 2, eff. Jan.

    1, 2000.

    Sec. 157.267. INTEREST ENFORCED AS CHILD SUPPORT. Accrued

    interest is part of the child support obligation and may be

    enforced by any means provided for the collection of child

    support.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995.

    Sec. 157.268. APPLICATION OF CHILD SUPPORT PAYMENT. Child

    support collected shall be applied in the following order of

    priority:

    (1) current child support;

    (2) non-delinquent child support owed;

    (3) the principal amount of child support that has not been

    confirmed and reduced to money judgment;

    (4) the principal amount of child support that has been

    confirmed and reduced to money judgment;

    (5) interest on the principal amounts specified in Subdivisions

    (3) and (4); and

    (6) the amount of any ordered attorney's fees or costs, or Title

    IV-D service fees authorized under Section 231.103 for which the

    obligor is responsible.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 17, eff.

    Sept. 1, 2001.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    972, Sec. 20, eff. September 1, 2007.

    Acts 2009, 81st Leg., R.S., Ch.

    767, Sec. 18, eff. January 1, 2010.

    Sec. 157.269. RETENTION OF JURISDICTION. A court that renders

    an order providing for the payment of child support retains

    continuing jurisdiction to enforce the order, including by

    adjusting the amount of the periodic payments to be made by the

    obligor or the amount to be withheld from the obligor's

    disposable earnings, until all current support and medical

    support and child support arrearages, including interest and any

    applicable fees and costs, have been paid.

    Added by Acts 1995, 74th Leg., ch. 751, Sec. 54, eff. Sept. 1,

    1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 19, eff.

    Sept. 1, 1999.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    972, Sec. 26, eff. September 1, 2007.

    SUBCHAPTER G. CHILD SUPPORT LIEN

    Sec. 157.311. DEFINITIONS. In this subchapter:

    (1) "Account" means:

    (A) any type of a demand deposit account, checking or negotiable

    withdrawal order account, savings account, time deposit account,

    money market mutual fund account, certificate of deposit, or any

    other instrument of deposit in which an individual has a

    beneficial ownership either in its entirety or on a shared or

    multiple party basis, including any accrued interest and

    dividends; and

    (B) a life insurance policy in which an individual has a

    beneficial ownership or liability insurance against which an

    individual has filed a claim or counterclaim.

    (2) "Claimant" means:

    (A) the obligee or a private attorney representing the obligee;

    (B) the Title IV-D agency providing child support services;

    (C) a domestic relations office or local registry; or

    (D) an attorney appointed as a friend of the court.

    (3) "Court having continuing jurisdiction" is the court of

    continuing, exclusive jurisdiction in this state or a tribunal of

    another state having jurisdiction under the Uniform Interstate

    Family Support Act or a substantially similar act.

    (4) "Financial institution" has the meaning assigned by 42

    U.S.C. Section 669a(d)(1) and includes a depository institution,

    credit union, benefit association, liability or life insurance

    company, money market mutual fund, and any similar entity

    authorized to do business in this state.

    (5) "Lien" means a child support lien issued in this or another

    state.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 1, eff.

    Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 19, eff. Sept.

    1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 18, eff. Sept. 1,

    2001; Acts 2003, 78th Leg., ch. 610, Sec. 5, eff. Sept. 1, 2003.

    Sec. 157.312. GENERAL PROVISIONS. (a) A claimant may enforce

    child support by a lien as provided in this subchapter.

    (b) The remedies provided by this subchapter do not affect the

    availability of other remedies provided by law.

    (c) The lien is in addition to any other lien provided by law.

    (d) A child support lien arises by operation of law against real

    and personal property of an obligor for all amounts of child

    support due and owing, including any accrued interest, regardless

    of whether the amounts have been adjudicated or otherwise

    determined, subject to the requirements of this subchapter for

    perfection of the lien.

    (e) A child support lien arising in another state may be

    enforced in the same manner and to the same extent as a lien

    arising in this state.

    (f) A foreclosure action under this subchapter is not required

    as a prerequisite to levy and execution on a judicial or

    administrative determination of arrearages as provided by Section

    157.327.

    (g) A child support lien under this subchapter may not be

    directed to an employer to attach to the disposable earnings of

    an obligor paid by the employer.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 2, eff.

    Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 20, eff. Sept.

    1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 19, eff. Sept. 1,

    2001; Acts 2003, 78th Leg., ch. 610, Sec. 6, eff. Sept. 1, 2003.

    Sec. 157.313. CONTENTS OF CHILD SUPPORT LIEN NOTICE. (a)

    Except as provided by Subsection (e), a child support lien notice

    must contain:

    (1) the name and address of the person to whom the notice is

    being sent;

    (2) the style, docket or cause number, and identity of the

    tribunal of this or another state having continuing jurisdiction

    of the child support action and, if the case is a Title IV-D

    case, the case number;

    (3) the full name, address, and, if known, the birth date,

    driver's license number, social security number, and any aliases

    of the obligor;

    (4) the full name and, if known, social security number of the

    obligee;

    (5) the amount of the current or prospective child support

    obligation, the frequency with which current or prospective child

    support is ordered to be paid, and the amount of child support

    arrearages owed by the obligor and the date of the signing of the

    court order, administrative order, or writ that determined the

    arrearages or the date and manner in which the arrearages were

    determined;

    (6) the rate of interest specified in the court order,

    administrative order, or writ or, in the absence of a specified

    interest rate, the rate provided for by law;

    (7) the name and address of the person or agency asserting the

    lien;

    (8) the motor vehicle identification number as shown on the

    obligor's title if the property is a motor vehicle;

    (9) a statement that the lien attaches to all nonexempt real and

    personal property of the obligor that is located or recorded in

    the state, including any property specifically identified in the

    notice and any property acquired after the date of filing or

    delivery of the notice;

    (10) a statement that any ordered child support not timely paid

    in the future constitutes a final judgment for the amount due and

    owing, including interest, and accrues up to an amount that may

    not exceed the lien amount; and

    (11) a statement that the obligor is being provided a copy of

    the lien notice and that the obligor may dispute the arrearage

    amount by filing suit under Section 157.323.

    (b) A claimant may include any other information that the

    claimant considers necessary.

    (c) Except as provided by Subsection (e), the lien notice must

    be verified.

    (d) A claimant must file a notice for each after-acquired motor

    vehicle.

    (e) A notice of a lien for child support under this section may

    be in the form authorized by federal law or regulation. The

    federal form of lien notice does not require verification when

    used by the Title IV-D agency.

    (f) The requirement under Subsections (a)(3) and (4) to provide

    a social security number, if known, does not apply to a lien

    notice for a lien on real property.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 3, eff.

    Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 21, eff. Sept.

    1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 20, eff. Sept. 1,

    2001.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    972, Sec. 27, eff. September 1, 2007.

    Sec. 157.314. FILING LIEN NOTICE OR ABSTRACT OF JUDGMENT; NOTICE

    TO OBLIGOR. (a) A child support lien notice or an abstract of

    judgment for past due child support may be filed by the claimant

    with the county clerk of:

    (1) any county in which the obligor is believed to own nonexempt

    real or personal property;

    (2) the county in which the obligor resides; or

    (3) the county in which the court having continuing jurisdiction

    has venue of the suit affecting the parent-child relationship.

    (b) A child support lien notice may be filed with or delivered

    to the following, as appropriate:

    (1) the clerk of the court in which a claim, counterclaim, or

    suit by, or on behalf of, the obligor, including a claim or

    potential right to proceeds from an estate as an heir,

    beneficiary, or creditor, is pending, provided that a copy of the

    lien is mailed to the attorney of record for the obligor, if any;

    (2) an attorney who represents the obligor in a claim or

    counterclaim that has not been filed with a court;

    (3) any other individual or organization believed to be in

    possession of real or personal property of the obligor; or

    (4) any governmental unit or agency that issues or records

    certificates, titles, or other indicia of property ownership.

    (c) Not later than the 21st day after the date of filing or

    delivering the child support lien notice, the claimant shall

    provide a copy of the notice to the obligor by first class or

    certified mail, return receipt requested, addressed to the

    obligor at the obligor's last known address. If another person is

    known to have an ownership interest in the property subject to

    the lien, the claimant shall provide a copy of the lien notice to

    that person at the time notice is provided to the obligor.

    (d) If a child support lien notice is delivered to a financial

    institution with respect to an account of the obligor, the

    institution shall immediately:

    (1) provide the claimant with the last known address of the

    obligor; and

    (2) notify any other person having an ownership interest in the

    account that the account has been frozen in an amount not to

    exceed the amount of the child support arrearage identified in

    the notice.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 4, eff.

    Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 22, eff. Sept.

    1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 21, eff. Sept. 1,

    2001.

    Sec. 157.3145. SERVICE ON FINANCIAL INSTITUTION. (a) Service

    of a child support lien notice on a financial institution

    relating to property held by the institution in the name of, or

    in behalf of, an obligor is governed by Section 59.008, Finance

    Code, if the institution is subject to that law, or may be

    delivered to the registered agent, the institution's main

    business office in this state, or another address provided by the

    institution under Section 231.307.

    (b) A financial institution doing business in this state shall

    comply with the notice of lien and levy under this section

    regardless of whether the institution's corporate headquarters is

    located in this state.

    Added by Acts 2001, 77th Leg., ch. 1023, Sec. 22, eff. Sept. 1,

    2001. Amended by Acts 2003, 78th Leg., ch. 610, Sec. 7, eff.

    Sept. 1, 2003.

    Sec. 157.315. RECORDING AND INDEXING LIEN. (a) On receipt of a

    child support lien notice, the county clerk shall immediately

    record the notice in the county judgment records as provided in

    Chapter 52, Property Code.

    (b) The county clerk may not charge the Title IV-D agency, a

    domestic relations office, a friend of the court, or any other

    party a fee for recording the notice of a lien. To qualify for

    this exemption, the lien notice must be styled "Notice of Child

    Support Lien" or be in the form authorized by federal law or

    regulation.

    (c) The county clerk may not charge the Title IV-D agency, a

    domestic relations office, or a friend of the court a fee for

    recording the release of a child support lien. The lien release

    must be styled "Release of Child Support Lien."

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1999, 76th Leg., ch. 595, Sec. 1, eff.

    Sept. 1, 1999; Acts 1999, 76th Leg., ch. 769, Sec. 1, eff. Sept.

    1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 23, eff. Sept. 1,

    2001.

    Sec. 157.316. PERFECTION OF CHILD SUPPORT LIEN. (a) Except as

    provided by Subsection (b), a child support lien is perfected

    when an abstract of judgment for past due child support or a

    child support lien notice is filed or delivered as provided by

    Section 157.314.

    (b) If a lien established under this subchapter attaches to a

    motor vehicle, the lien must be perfected in the manner provided

    by Chapter 501, Transportation Code, and the court or Title IV-D

    agency that rendered the order of child support shall include in

    the order a requirement that the obligor surrender to the court

    or Title IV-D agency evidence of the legal ownership of the motor

    vehicle against which the lien may attach. A lien against a

    motor vehicle under this subchapter is not perfected until the

    obligor's title to the vehicle has been surrendered to the court

    or Title IV-D agency and the Texas Department of Motor Vehicles

    has issued a subsequent title that discloses on its face the fact

    that the vehicle is subject to a child support lien under this

    subchapter.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 5, eff.

    Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 23, eff. Sept.

    1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 24, eff. Sept. 1,

    2001.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    933, Sec. 3C.01, eff. September 1, 2009.

    Sec. 157.317. PROPERTY TO WHICH LIEN ATTACHES. (a) A child

    support lien attaches to all real and personal property not

    exempt under the Texas Constitution or other law, including:

    (1) an account in a financial institution;

    (2) a retirement plan, including an individual retirement

    account; and

    (3) the proceeds of a life insurance policy, a claim for

    negligence or personal injury, or an insurance settlement or

    award for the claim, due to or owned by the obligor.

    (a-1) A lien attaches to all property owned or acquired on or

    after the date the lien notice or abstract of judgment is filed

    with the county clerk of the county in which the property is

    located, with the court clerk as to property or claims in

    litigation, or, as to property of the obligor in the possession

    or control of a third party, from the date the lien notice is

    delivered to that party.

    (b) A lien attaches to all nonhomestead real property of the

    obligor but does not attach to a homestead exempt under the Texas

    Constitution or the Property Code.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

    1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 6, eff.

    Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 24, eff. Sept.

    1, 1997; Acts 1999, 76th Leg., ch. 344, Sec. 7.007, eff. Sept. 1,

    1999; Acts 1999, 76th Leg., ch. 556, Sec. 20, eff. Sept. 1, 1999;

    Acts 2001, 77th Leg., ch. 1023, Sec. 25,

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