CHAPTER 203. DOMESTIC RELATIONS OFFICES

State Codes and Statutes

Statutes > Texas > Family-code > Title-5-the-parent-child-relationship-and-the-suit-affecting-the-parent-child-relationship > Chapter-203-domestic-relations-offices

FAMILY CODE

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

PARENT-CHILD RELATIONSHIP

SUBTITLE C. JUDICIAL RESOURCES AND SERVICES

CHAPTER 203. DOMESTIC RELATIONS OFFICES

Sec. 203.001. DEFINITIONS. In this chapter:

(1) "Administering entity" means a commissioners court, juvenile

board, or other entity responsible for administering a domestic

relations office under this chapter.

(2) "Domestic relations office" means a county office that

serves families, county departments, and courts to ensure

effective implementation of this title.

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

1995. Amended by Acts 1995, 74th Leg., ch. 475, Sec. 1, eff.

Sept. 1, 1995.

Sec. 203.002. ESTABLISHMENT OF DOMESTIC RELATIONS OFFICE. A

commissioners court may establish a domestic relations office.

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

1995. Renumbered from Family Code Sec. 203.003 and amended by

Acts 1995, 74th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1995.

Sec. 203.003. ADMINISTRATION. (a) A domestic relations office

shall be administered:

(1) as provided by the commissioners court; or

(2) if the commissioners court does not otherwise provide for

the administration of the office, by the juvenile board that

serves the county in which the domestic relations office is

located.

(b) The administering entity shall appoint and assign the duties

of a director who shall be responsible for the day-to-day

administration of the office. A director serves at the pleasure

of the administering entity.

needed to operate the office.

(d) A commissioners court that establishes a domestic relations

office under this chapter may execute a bond for the office. A

bond under this subsection must be:

(1) executed with a solvent surety company authorized to do

business in the state; and

(2) conditioned on the faithful performance of the duties of the

office.

(e) The administering entity shall establish procedures for the

acceptance and use of a grant or donation to the office.

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

1995. Renumbered from Family Code Sec. 203.004 and amended by

Acts 1995, 74th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1995.

Sec. 203.004. POWERS AND DUTIES. (a) A domestic relations

office may:

(1) collect and disburse child support payments that are ordered

by a court to be paid through a domestic relations registry;

(2) maintain records of payments and disbursements made under

Subdivision (1);

(3) file a suit, including a suit to:

(A) establish paternity;

(B) enforce a court order for child support or for possession of

and access to a child; and

(4) provide an informal forum in which alternative dispute

resolution is used to resolve disputes under this code;

(5) prepare a court-ordered social study under Chapter 107;

(6) represent a child as an amicus attorney, an attorney ad

litem, or a guardian ad litem in a suit in which:

(A) termination of the parent-child relationship is sought; or

(B) conservatorship of or access to a child is contested;

(7) serve as a friend of the court;

(8) provide predivorce counseling ordered by a court;

(9) provide community supervision services under Chapter 157;

(10) provide information to assist a party in understanding,

complying with, or enforcing the party's duties and obligations

under Subdivision (3);

(11) provide, directly or through a contract, visitation

services, including supervision of court-ordered visitation,

visitation exchange, or other similar services;

(12) issue an administrative writ of withholding under

Subchapter F, Chapter 158; and

(13) provide parenting coordinator services under Chapter 153.

(b) A court having jurisdiction in a proceeding under this

title, Title 3, or Section 25.05, Penal Code, may order that

child support payments be made through a domestic relations

office.

(1) hire or contract for the services of attorneys to assist the

office in providing services under this chapter; and

(2) employ community supervision officers or court monitors.

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

1995. Renumbered from Family Code Sec. 203.005 and amended by

Acts 1995, 74th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 702, Sec. 10, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 859, Sec. 3, eff. Sept. 1, 1999;

Acts 1999, 76th Leg., ch. 1191, Sec. 1, eff. June 18, 1999; Acts

2001, 77th Leg., ch. 1023, Sec. 50, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

172, Sec. 20, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

199, Sec. 5, eff. September 1, 2005.

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

832, Sec. 7, eff. September 1, 2007.

Sec. 203.005. FEES AND CHARGES. (a) The administering entity

may authorize a domestic relations office to assess and collect:

(1) an initial operations fee not to exceed $15 to be paid to

the domestic relations office on each filing of an original suit,

motion for modification, or motion for enforcement;

(2) in a county that has a child support enforcement cooperative

agreement with the Title IV-D agency, an initial child support

service fee not to exceed $36 to be paid to the domestic

relations office on the filing of an original suit;

(3) a reasonable application fee to be paid by an applicant

requesting services from the office;

(4) a reasonable attorney's fee and court costs incurred or

ordered by the court;

(5) a monthly service fee not to exceed $3 to be paid annually

in advance by a managing conservator and possessory conservator

for whom the domestic relations office provides child support

services;

(6) community supervision fees as provided by Chapter 157 if

community supervision officers are employed by the domestic

relations office;

(7) a reasonable fee for preparation of a court-ordered social

study;

(8) in a county that provides visitation services under Sections

153.014 and 203.004 a reasonable fee to be paid to the domestic

relations office at the time the visitation services are

provided;

(9) a fee to reimburse the domestic relations office for a fee

required to be paid under Section 158.503(d) for filing an

administrative writ of withholding;

(10) a reasonable fee for parenting coordinator services; and

(11) a reasonable fee for alternative dispute resolution

services.

(b) The first payment of a fee under Subsection (a)(4) is due on

the date that the person required to pay support is ordered to

begin child support, alimony, or separate maintenance payments.

Subsequent payments of the fee are due annually and in advance.

collect all fees in an efficient manner.

(d) The administering entity may provide for an exemption from

the payment of a fee authorized under this section if payment of

the fee is not practical or in the interest of justice. Fees that

may be exempted under this subsection include fees related to:

(1) spousal and child support payments made under an interstate

pact;

(2) a suit brought by the Texas Department of Human Services;

(3) activities performed by the Department of Protective and

Regulatory Services or another governmental agency, a private

adoption agency, or a charitable organization; and

(4) services for a person who has applied for or who receives

public assistance under the laws of this state.

(e) A fee authorized by this section for providing child support

services is part of the child support obligation and may be

enforced against both an obligor and obligee by any method

available for the enforcement of child support, including

contempt.

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

1995. Renumbered from Family Code Sec. 203.009 and amended by

Acts 1995, 74th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 556, Sec. 48, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 1023, Sec. 51, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 707, Sec. 1, eff. Sept. 1, 2003;

Acts 2003, 78th Leg., ch. 1076, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

199, Sec. 6, eff. September 1, 2005.

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

832, Sec. 8, eff. September 1, 2007.

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

767, Sec. 26, eff. June 19, 2009.

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

1035, Sec. 2, eff. June 19, 2009.

Sec. 203.006. FUND. (a) As determined by the administering

entity, fees collected or received by a domestic relations office

shall be deposited in:

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

relations office is located; or

(2) the office fund established for the domestic relations

office.

(b) The administering entity shall use the domestic relations

office fund to provide money for services authorized by this

chapter.

necessary from the county's general fund or from other money

available from the county.

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

1995. Renumbered from Family Code Sec. 203.010 and amended by

Acts 1995, 74th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 702, Sec. 11, eff. Sept. 1,

1997.

Sec. 203.007. ACCESS TO RECORDS; OFFENSE. (a) A domestic

relations office may obtain the records described by Subsections

(b), (c), (d), and (e) that relate to a person who has:

(1) been ordered to pay child support;

(2) been designated as a conservator of a child;

(3) been designated to be the father of a child;

(4) executed an acknowledgment of paternity;

(5) court-ordered possession of a child; or

(6) filed suit to adopt a child.

(b) A domestic relations office is entitled to obtain from the

Department of Public Safety records that relate to:

(1) a person's date of birth;

(2) a person's most recent address;

(3) a person's current driver's license status;

(4) motor vehicle accidents involving a person;

(5) reported traffic-law violations of which a person has been

convicted; and

(6) a person's criminal history record information.

Texas Workforce Commission records that relate to:

(1) a person's address;

(2) a person's employment status and earnings;

(3) the name and address of a person's current or former

employer; and

(4) unemployment compensation benefits received by a person.

(d) To the extent permitted by federal law, a domestic relations

office is entitled to obtain from the national directory of new

hires established under 42 U.S.C. Section 653(i), as amended,

records that relate to a person described by Subsection (a),

including records that relate to:

(1) the name, telephone number, and address of the person's

employer;

(2) information provided by the person on a W-4 form; and

(3) information provided by the person's employer on a Title

IV-D form.

(e) To the extent permitted by federal law, a domestic relations

office is entitled to obtain from the state case registry records

that relate to a person described by Subsection (a), including

records that relate to:

(1) the street and mailing address and the social security

number of the person;

(2) the name, telephone number, and address of the person's

employer;

(3) the location and value of real and personal property owned

by the person; and

(4) the name and address of each financial institution in which

the person maintains an account and the account number for each

account.

(f) An agency required to provide records under this section may

charge a domestic relations office a fee for providing the

records in an amount that does not exceed the amount paid for

those records by the agency responsible for Title IV-D cases.

(g) The Department of Public Safety, the Texas Workforce

Commission, or the office of the secretary of state may charge a

domestic relations office a fee not to exceed the charge paid by

the Title IV-D agency for furnishing records under this section.

(h) Information obtained by a domestic relations office under

this section that is confidential under a constitution, statute,

judicial decision, or rule is privileged and may be used only by

that office.

(i) A person commits an offense if the person releases or

discloses confidential information obtained under this section

without the consent of the person to whom the information

relates. An offense under this subsection is a Class C

misdemeanor.

(j) A domestic relations office is entitled to obtain from the

office of the secretary of state the following information about

a registered voter to the extent that the information is

available:

(1) complete name;

(2) current and former street and mailing address;

(3) sex;

(4) date of birth;

(5) social security number; and

(6) telephone number.

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

1995. Renumbered from Family Code Sec. 203.012 and amended by

Acts 1995, 74th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1995, 74th Leg., ch. 803, Sec. 1, eff. Sept. 1,

1995; Acts 1997, 75th Leg., ch. 165, Sec. 7.18, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 556, Sec. 49, eff. Sept. 1, 1999;

Acts 1999, 76th Leg., ch. 859, Sec. 4, eff. Sept. 1, 1999; Acts

1999, 76th Leg., ch. 1191, Sec. 2, eff. June 18, 1999.

Amended by:

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

832, Sec. 9, eff. September 1, 2007.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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