State Codes and Statutes

Statutes > Texas > Family-code > Title-5-the-parent-child-relationship-and-the-suit-affecting-the-parent-child-relationship > Chapter-202-friend-of-the-court

FAMILY CODE

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

PARENT-CHILD RELATIONSHIP

SUBTITLE C. JUDICIAL RESOURCES AND SERVICES

CHAPTER 202. FRIEND OF THE COURT

Sec. 202.001. APPOINTMENT. (a) After an order for child

support or possession of or access to a child has been rendered,

a court may appoint a friend of the court on:

(1) the request of a person alleging that the order has been

violated; or

(2) its own motion.

(b) A court may appoint a friend of the court in a proceeding

under Part D of Title IV of the federal Social Security Act (42

U.S.C. Section 651 et seq.) only if the Title IV-D agency agrees

in writing to the appointment.

(c) The duration of the appointment of a friend of the court is

as determined by the court.

(d) In the appointment of a friend of the court, the court shall

give preference to:

(1) a local domestic relations office;

(2) a local child support collection office;

(3) the local court official designated to enforce actions as

provided in Chapter 159; or

(4) an attorney in good standing with the State Bar of Texas.

(e) In the execution of a friend of the court's duties under

this subchapter, a friend of the court shall represent the court

to ensure compliance with the court's order.

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

1995.

Sec. 202.002. AUTHORITY AND DUTIES. (a) A friend of the court

may coordinate nonjudicial efforts to improve compliance with a

court order relating to child support or possession of or access

to a child by use of:

(1) telephone communication;

(2) written communication;

(3) one or more volunteer advocates under Chapter 107;

(4) informal pretrial consultation;

(5) one or more of the alternate dispute resolution methods

under Chapter 154, Civil Practice and Remedies Code;

(6) a licensed social worker;

(7) a family mediator; and

(8) employment agencies, retraining programs, and any similar

resources to ensure that both parents can meet their financial

obligations to the child.

(b) A friend of the court, not later than the 15th day of the

month following the reporting month:

(1) shall report to the court or monitor reports made to the

court on:

(A) the amount of child support collected as a percentage of the

amount ordered; and

(B) efforts to ensure compliance with orders relating to

possession of or access to a child; and

(2) may file an action to enforce, clarify, or modify a court

order relating to child support or possession of or access to a

child.

(c) A friend of the court may file a notice of delinquency and a

request for a writ of income withholding under Chapter 158 in

order to enforce a child support order.

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

1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 81, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 702, Sec. 9, eff. Sept.

1, 1997; Acts 2003, 78th Leg., ch. 892, Sec. 21, eff. Sept. 1,

2003.

Sec. 202.003. DUTY OF LOCAL OFFICES AND OFFICIALS TO REPORT. A

local domestic relations office, a local registry, or a court

official designated to receive child support under a court order

shall, if ordered by the court, report to the court or a friend

of the court on a monthly basis:

(1) any delinquency and arrearage in child support payments; and

(2) any violation of an order relating to possession of or

access to a child.

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

1995.

Sec. 202.004. ACCESS TO INFORMATION. A friend of the court may

arrange access to child support payment records by electronic

means if the records are computerized.

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

1995.

Sec. 202.005. COMPENSATION. (a) A friend of the court is

entitled to compensation for services rendered and for expenses

incurred in rendering the services.

(b) The court may assess the amount that the friend of the court

receives in compensation against a party to the suit in the same

manner as the court awards costs under Chapter 106.

(c) A friend of the court or a person who acts as the court's

custodian of child support records, including the clerk of a

court, may apply for and receive funds from the child support and

court management account under Section 21.007, Government Code.

(d) A friend of the court who receives funds under Subsection

(c) shall use the funds to reimburse any compensation the friend

of the court received under Subsection (b).

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

1995.

State Codes and Statutes

Statutes > Texas > Family-code > Title-5-the-parent-child-relationship-and-the-suit-affecting-the-parent-child-relationship > Chapter-202-friend-of-the-court

FAMILY CODE

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

PARENT-CHILD RELATIONSHIP

SUBTITLE C. JUDICIAL RESOURCES AND SERVICES

CHAPTER 202. FRIEND OF THE COURT

Sec. 202.001. APPOINTMENT. (a) After an order for child

support or possession of or access to a child has been rendered,

a court may appoint a friend of the court on:

(1) the request of a person alleging that the order has been

violated; or

(2) its own motion.

(b) A court may appoint a friend of the court in a proceeding

under Part D of Title IV of the federal Social Security Act (42

U.S.C. Section 651 et seq.) only if the Title IV-D agency agrees

in writing to the appointment.

(c) The duration of the appointment of a friend of the court is

as determined by the court.

(d) In the appointment of a friend of the court, the court shall

give preference to:

(1) a local domestic relations office;

(2) a local child support collection office;

(3) the local court official designated to enforce actions as

provided in Chapter 159; or

(4) an attorney in good standing with the State Bar of Texas.

(e) In the execution of a friend of the court's duties under

this subchapter, a friend of the court shall represent the court

to ensure compliance with the court's order.

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

1995.

Sec. 202.002. AUTHORITY AND DUTIES. (a) A friend of the court

may coordinate nonjudicial efforts to improve compliance with a

court order relating to child support or possession of or access

to a child by use of:

(1) telephone communication;

(2) written communication;

(3) one or more volunteer advocates under Chapter 107;

(4) informal pretrial consultation;

(5) one or more of the alternate dispute resolution methods

under Chapter 154, Civil Practice and Remedies Code;

(6) a licensed social worker;

(7) a family mediator; and

(8) employment agencies, retraining programs, and any similar

resources to ensure that both parents can meet their financial

obligations to the child.

(b) A friend of the court, not later than the 15th day of the

month following the reporting month:

(1) shall report to the court or monitor reports made to the

court on:

(A) the amount of child support collected as a percentage of the

amount ordered; and

(B) efforts to ensure compliance with orders relating to

possession of or access to a child; and

(2) may file an action to enforce, clarify, or modify a court

order relating to child support or possession of or access to a

child.

(c) A friend of the court may file a notice of delinquency and a

request for a writ of income withholding under Chapter 158 in

order to enforce a child support order.

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

1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 81, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 702, Sec. 9, eff. Sept.

1, 1997; Acts 2003, 78th Leg., ch. 892, Sec. 21, eff. Sept. 1,

2003.

Sec. 202.003. DUTY OF LOCAL OFFICES AND OFFICIALS TO REPORT. A

local domestic relations office, a local registry, or a court

official designated to receive child support under a court order

shall, if ordered by the court, report to the court or a friend

of the court on a monthly basis:

(1) any delinquency and arrearage in child support payments; and

(2) any violation of an order relating to possession of or

access to a child.

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

1995.

Sec. 202.004. ACCESS TO INFORMATION. A friend of the court may

arrange access to child support payment records by electronic

means if the records are computerized.

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

1995.

Sec. 202.005. COMPENSATION. (a) A friend of the court is

entitled to compensation for services rendered and for expenses

incurred in rendering the services.

(b) The court may assess the amount that the friend of the court

receives in compensation against a party to the suit in the same

manner as the court awards costs under Chapter 106.

(c) A friend of the court or a person who acts as the court's

custodian of child support records, including the clerk of a

court, may apply for and receive funds from the child support and

court management account under Section 21.007, Government Code.

(d) A friend of the court who receives funds under Subsection

(c) shall use the funds to reimburse any compensation the friend

of the court received under Subsection (b).

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

1995.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Family-code > Title-5-the-parent-child-relationship-and-the-suit-affecting-the-parent-child-relationship > Chapter-202-friend-of-the-court

FAMILY CODE

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

PARENT-CHILD RELATIONSHIP

SUBTITLE C. JUDICIAL RESOURCES AND SERVICES

CHAPTER 202. FRIEND OF THE COURT

Sec. 202.001. APPOINTMENT. (a) After an order for child

support or possession of or access to a child has been rendered,

a court may appoint a friend of the court on:

(1) the request of a person alleging that the order has been

violated; or

(2) its own motion.

(b) A court may appoint a friend of the court in a proceeding

under Part D of Title IV of the federal Social Security Act (42

U.S.C. Section 651 et seq.) only if the Title IV-D agency agrees

in writing to the appointment.

(c) The duration of the appointment of a friend of the court is

as determined by the court.

(d) In the appointment of a friend of the court, the court shall

give preference to:

(1) a local domestic relations office;

(2) a local child support collection office;

(3) the local court official designated to enforce actions as

provided in Chapter 159; or

(4) an attorney in good standing with the State Bar of Texas.

(e) In the execution of a friend of the court's duties under

this subchapter, a friend of the court shall represent the court

to ensure compliance with the court's order.

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

1995.

Sec. 202.002. AUTHORITY AND DUTIES. (a) A friend of the court

may coordinate nonjudicial efforts to improve compliance with a

court order relating to child support or possession of or access

to a child by use of:

(1) telephone communication;

(2) written communication;

(3) one or more volunteer advocates under Chapter 107;

(4) informal pretrial consultation;

(5) one or more of the alternate dispute resolution methods

under Chapter 154, Civil Practice and Remedies Code;

(6) a licensed social worker;

(7) a family mediator; and

(8) employment agencies, retraining programs, and any similar

resources to ensure that both parents can meet their financial

obligations to the child.

(b) A friend of the court, not later than the 15th day of the

month following the reporting month:

(1) shall report to the court or monitor reports made to the

court on:

(A) the amount of child support collected as a percentage of the

amount ordered; and

(B) efforts to ensure compliance with orders relating to

possession of or access to a child; and

(2) may file an action to enforce, clarify, or modify a court

order relating to child support or possession of or access to a

child.

(c) A friend of the court may file a notice of delinquency and a

request for a writ of income withholding under Chapter 158 in

order to enforce a child support order.

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

1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 81, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 702, Sec. 9, eff. Sept.

1, 1997; Acts 2003, 78th Leg., ch. 892, Sec. 21, eff. Sept. 1,

2003.

Sec. 202.003. DUTY OF LOCAL OFFICES AND OFFICIALS TO REPORT. A

local domestic relations office, a local registry, or a court

official designated to receive child support under a court order

shall, if ordered by the court, report to the court or a friend

of the court on a monthly basis:

(1) any delinquency and arrearage in child support payments; and

(2) any violation of an order relating to possession of or

access to a child.

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

1995.

Sec. 202.004. ACCESS TO INFORMATION. A friend of the court may

arrange access to child support payment records by electronic

means if the records are computerized.

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

1995.

Sec. 202.005. COMPENSATION. (a) A friend of the court is

entitled to compensation for services rendered and for expenses

incurred in rendering the services.

(b) The court may assess the amount that the friend of the court

receives in compensation against a party to the suit in the same

manner as the court awards costs under Chapter 106.

(c) A friend of the court or a person who acts as the court's

custodian of child support records, including the clerk of a

court, may apply for and receive funds from the child support and

court management account under Section 21.007, Government Code.

(d) A friend of the court who receives funds under Subsection

(c) shall use the funds to reimburse any compensation the friend

of the court received under Subsection (b).

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

1995.


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