State Codes and Statutes

Statutes > Texas > Family-code > Title-5-the-parent-child-relationship-and-the-suit-affecting-the-parent-child-relationship > Chapter-204-child-support-collection-by-private-entity

FAMILY CODE

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

PARENT-CHILD RELATIONSHIP

SUBTITLE C. JUDICIAL RESOURCES AND SERVICES

CHAPTER 204. CHILD SUPPORT COLLECTION BY PRIVATE ENTITY

Sec. 204.001. APPLICABILITY. This chapter applies only to a

commissioners court or domestic relations office of a county that

did not have the authority to contract with a private entity to

receive, disburse, and record payments or restitution of child

support on January 1, 1997.

Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1,

1997. Redesignated from Human Resources Code Sec. 153.001 and

amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1,

1999.

Amended by:

Acts 2005, 79th Leg., Ch.

740, Sec. 3, eff. June 17, 2005.

Sec. 204.002. AUTHORITY TO CONTRACT. A county, acting through

its commissioners court or domestic relations office, may

contract with a private entity to:

(1) enforce, collect, receive, and disburse:

(A) child support payments;

(B) other amounts due under a court order containing an order to

pay child support; and

(C) fees, including fees provided by this chapter;

(2) maintain appropriate records, including records of child

support and other amounts and fees that are due, past due, paid,

or delinquent;

(3) locate absent parents;

(4) furnish statements to parents accounting for payments that

are due, past due, paid, or delinquent;

(5) send billings and other appropriate notices to parents;

(6) perform any duty or function that a local registry is

authorized to perform;

(7) perform any duty or function in connection with the state

case registry; or

(8) provide another child support or visitation enforcement

service authorized by the commissioners court, including

mediation of disputes related to child support or visitation.

Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1,

1997. Redesignated from Human Resources Code Sec. 153.002 and

amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1,

1999.

Sec. 204.003. TERMS AND CONDITIONS OF CONTRACT. The

commissioners court or domestic relations office shall include

all appropriate terms and conditions in the contract that it

determines are reasonable to secure the services of a private

entity as provided by this chapter, including:

(1) provisions specifying the services to be provided by the

entity;

(2) the method, conditions, and amount of compensation for the

entity;

(3) provisions for the security of funds collected as child

support, fees, or other amounts under the contract or that

otherwise provide reasonable assurance to the county of the

entity's full and faithful performance of the contract;

(4) provisions specifying the records to be kept by the entity,

including any records necessary to fully account for all funds

received and disbursed as child support, fees, or other amounts;

(5) requirements governing the inspection, verification, audit,

or explanation of the entity's accounting or other records;

(6) the county's right to terminate the contract on 30 days'

notice to the private entity if the private entity engages in an

ongoing pattern of child support enforcement that constitutes

wilful and gross misconduct subjecting delinquent obligors to

unconscionable duress, abuse, or harassment;

(7) provisions permitting an obligor and obligee to jointly

waive the monitoring procedure, if not required by law, by

written request approved by order of the court having

jurisdiction of the suit in which the child support order was

issued; and

(8) provisions for the disclosure or nondisclosure of

information or records maintained or known to the entity as a

result of contract performance, including a requirement for the

private entity to:

(A) disclose to any child support obligor that the private

entity is attempting to enforce the obligor's child support

obligation; and

(B) make no disclosure of the information or records other than

in furtherance of the effort to enforce the child support order.

Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1,

1997. Redesignated from Human Resources Code Sec. 153.003 and

amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1,

1999.

Sec. 204.004. FUNDING. (a) To provide or recover the costs of

providing services authorized by this chapter, a commissioners

court, on its behalf or on behalf of the domestic relations

office, may:

(1) provide by order for the assessment and collection of a

reasonable fee at the time a party files a suit affecting the

parent-child relationship;

(2) provide by order for the assessment and collection of a fee

of $3 per month at a time specified for payment of child support;

(3) provide by order for the assessment and collection of a late

payment fee of $4 per month to be imposed if an obligor does not

make a payment of child support in full when due;

(4) accept or receive funds from public grants or private

sources available for providing services authorized by this

chapter; or

(5) use any combination of funding sources specified by this

subsection.

(b) The commissioners court, on its behalf or on behalf of the

domestic relations office, may:

(1) provide by order for reasonable exemptions from the

collection of fees authorized by Subsection (a); and

(2) require payment of a fee authorized by Subsection (a)(2)

annually and in advance.

(c) The commissioners court may not charge a fee under

Subsection (a)(2) if the amount of child support ordered to be

paid is less than the equivalent of $100 per month.

(d) The fees established under Subsection (a) may be collected

by any means provided for the collection of child support. The

commissioners court may provide by order, on its behalf or on

behalf of the domestic relations office, for the manner of

collection of fees and the apportionment of payments received to

meet fee obligations.

Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1,

1997. Redesignated from Human Resources Code Sec. 153.004 and

amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1,

1999.

Sec. 204.005. CUMULATIVE EFFECT OF CHAPTER. A power or duty

conferred on a county, county official, or county instrumentality

by this chapter is cumulative of the powers and duties created or

conferred by other law.

Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1,

1997. Redesignated from Human Resources Code Sec. 153.005 and

amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1,

1999.

State Codes and Statutes

Statutes > Texas > Family-code > Title-5-the-parent-child-relationship-and-the-suit-affecting-the-parent-child-relationship > Chapter-204-child-support-collection-by-private-entity

FAMILY CODE

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

PARENT-CHILD RELATIONSHIP

SUBTITLE C. JUDICIAL RESOURCES AND SERVICES

CHAPTER 204. CHILD SUPPORT COLLECTION BY PRIVATE ENTITY

Sec. 204.001. APPLICABILITY. This chapter applies only to a

commissioners court or domestic relations office of a county that

did not have the authority to contract with a private entity to

receive, disburse, and record payments or restitution of child

support on January 1, 1997.

Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1,

1997. Redesignated from Human Resources Code Sec. 153.001 and

amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1,

1999.

Amended by:

Acts 2005, 79th Leg., Ch.

740, Sec. 3, eff. June 17, 2005.

Sec. 204.002. AUTHORITY TO CONTRACT. A county, acting through

its commissioners court or domestic relations office, may

contract with a private entity to:

(1) enforce, collect, receive, and disburse:

(A) child support payments;

(B) other amounts due under a court order containing an order to

pay child support; and

(C) fees, including fees provided by this chapter;

(2) maintain appropriate records, including records of child

support and other amounts and fees that are due, past due, paid,

or delinquent;

(3) locate absent parents;

(4) furnish statements to parents accounting for payments that

are due, past due, paid, or delinquent;

(5) send billings and other appropriate notices to parents;

(6) perform any duty or function that a local registry is

authorized to perform;

(7) perform any duty or function in connection with the state

case registry; or

(8) provide another child support or visitation enforcement

service authorized by the commissioners court, including

mediation of disputes related to child support or visitation.

Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1,

1997. Redesignated from Human Resources Code Sec. 153.002 and

amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1,

1999.

Sec. 204.003. TERMS AND CONDITIONS OF CONTRACT. The

commissioners court or domestic relations office shall include

all appropriate terms and conditions in the contract that it

determines are reasonable to secure the services of a private

entity as provided by this chapter, including:

(1) provisions specifying the services to be provided by the

entity;

(2) the method, conditions, and amount of compensation for the

entity;

(3) provisions for the security of funds collected as child

support, fees, or other amounts under the contract or that

otherwise provide reasonable assurance to the county of the

entity's full and faithful performance of the contract;

(4) provisions specifying the records to be kept by the entity,

including any records necessary to fully account for all funds

received and disbursed as child support, fees, or other amounts;

(5) requirements governing the inspection, verification, audit,

or explanation of the entity's accounting or other records;

(6) the county's right to terminate the contract on 30 days'

notice to the private entity if the private entity engages in an

ongoing pattern of child support enforcement that constitutes

wilful and gross misconduct subjecting delinquent obligors to

unconscionable duress, abuse, or harassment;

(7) provisions permitting an obligor and obligee to jointly

waive the monitoring procedure, if not required by law, by

written request approved by order of the court having

jurisdiction of the suit in which the child support order was

issued; and

(8) provisions for the disclosure or nondisclosure of

information or records maintained or known to the entity as a

result of contract performance, including a requirement for the

private entity to:

(A) disclose to any child support obligor that the private

entity is attempting to enforce the obligor's child support

obligation; and

(B) make no disclosure of the information or records other than

in furtherance of the effort to enforce the child support order.

Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1,

1997. Redesignated from Human Resources Code Sec. 153.003 and

amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1,

1999.

Sec. 204.004. FUNDING. (a) To provide or recover the costs of

providing services authorized by this chapter, a commissioners

court, on its behalf or on behalf of the domestic relations

office, may:

(1) provide by order for the assessment and collection of a

reasonable fee at the time a party files a suit affecting the

parent-child relationship;

(2) provide by order for the assessment and collection of a fee

of $3 per month at a time specified for payment of child support;

(3) provide by order for the assessment and collection of a late

payment fee of $4 per month to be imposed if an obligor does not

make a payment of child support in full when due;

(4) accept or receive funds from public grants or private

sources available for providing services authorized by this

chapter; or

(5) use any combination of funding sources specified by this

subsection.

(b) The commissioners court, on its behalf or on behalf of the

domestic relations office, may:

(1) provide by order for reasonable exemptions from the

collection of fees authorized by Subsection (a); and

(2) require payment of a fee authorized by Subsection (a)(2)

annually and in advance.

(c) The commissioners court may not charge a fee under

Subsection (a)(2) if the amount of child support ordered to be

paid is less than the equivalent of $100 per month.

(d) The fees established under Subsection (a) may be collected

by any means provided for the collection of child support. The

commissioners court may provide by order, on its behalf or on

behalf of the domestic relations office, for the manner of

collection of fees and the apportionment of payments received to

meet fee obligations.

Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1,

1997. Redesignated from Human Resources Code Sec. 153.004 and

amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1,

1999.

Sec. 204.005. CUMULATIVE EFFECT OF CHAPTER. A power or duty

conferred on a county, county official, or county instrumentality

by this chapter is cumulative of the powers and duties created or

conferred by other law.

Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1,

1997. Redesignated from Human Resources Code Sec. 153.005 and

amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1,

1999.


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-204-child-support-collection-by-private-entity

FAMILY CODE

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

PARENT-CHILD RELATIONSHIP

SUBTITLE C. JUDICIAL RESOURCES AND SERVICES

CHAPTER 204. CHILD SUPPORT COLLECTION BY PRIVATE ENTITY

Sec. 204.001. APPLICABILITY. This chapter applies only to a

commissioners court or domestic relations office of a county that

did not have the authority to contract with a private entity to

receive, disburse, and record payments or restitution of child

support on January 1, 1997.

Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1,

1997. Redesignated from Human Resources Code Sec. 153.001 and

amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1,

1999.

Amended by:

Acts 2005, 79th Leg., Ch.

740, Sec. 3, eff. June 17, 2005.

Sec. 204.002. AUTHORITY TO CONTRACT. A county, acting through

its commissioners court or domestic relations office, may

contract with a private entity to:

(1) enforce, collect, receive, and disburse:

(A) child support payments;

(B) other amounts due under a court order containing an order to

pay child support; and

(C) fees, including fees provided by this chapter;

(2) maintain appropriate records, including records of child

support and other amounts and fees that are due, past due, paid,

or delinquent;

(3) locate absent parents;

(4) furnish statements to parents accounting for payments that

are due, past due, paid, or delinquent;

(5) send billings and other appropriate notices to parents;

(6) perform any duty or function that a local registry is

authorized to perform;

(7) perform any duty or function in connection with the state

case registry; or

(8) provide another child support or visitation enforcement

service authorized by the commissioners court, including

mediation of disputes related to child support or visitation.

Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1,

1997. Redesignated from Human Resources Code Sec. 153.002 and

amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1,

1999.

Sec. 204.003. TERMS AND CONDITIONS OF CONTRACT. The

commissioners court or domestic relations office shall include

all appropriate terms and conditions in the contract that it

determines are reasonable to secure the services of a private

entity as provided by this chapter, including:

(1) provisions specifying the services to be provided by the

entity;

(2) the method, conditions, and amount of compensation for the

entity;

(3) provisions for the security of funds collected as child

support, fees, or other amounts under the contract or that

otherwise provide reasonable assurance to the county of the

entity's full and faithful performance of the contract;

(4) provisions specifying the records to be kept by the entity,

including any records necessary to fully account for all funds

received and disbursed as child support, fees, or other amounts;

(5) requirements governing the inspection, verification, audit,

or explanation of the entity's accounting or other records;

(6) the county's right to terminate the contract on 30 days'

notice to the private entity if the private entity engages in an

ongoing pattern of child support enforcement that constitutes

wilful and gross misconduct subjecting delinquent obligors to

unconscionable duress, abuse, or harassment;

(7) provisions permitting an obligor and obligee to jointly

waive the monitoring procedure, if not required by law, by

written request approved by order of the court having

jurisdiction of the suit in which the child support order was

issued; and

(8) provisions for the disclosure or nondisclosure of

information or records maintained or known to the entity as a

result of contract performance, including a requirement for the

private entity to:

(A) disclose to any child support obligor that the private

entity is attempting to enforce the obligor's child support

obligation; and

(B) make no disclosure of the information or records other than

in furtherance of the effort to enforce the child support order.

Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1,

1997. Redesignated from Human Resources Code Sec. 153.003 and

amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1,

1999.

Sec. 204.004. FUNDING. (a) To provide or recover the costs of

providing services authorized by this chapter, a commissioners

court, on its behalf or on behalf of the domestic relations

office, may:

(1) provide by order for the assessment and collection of a

reasonable fee at the time a party files a suit affecting the

parent-child relationship;

(2) provide by order for the assessment and collection of a fee

of $3 per month at a time specified for payment of child support;

(3) provide by order for the assessment and collection of a late

payment fee of $4 per month to be imposed if an obligor does not

make a payment of child support in full when due;

(4) accept or receive funds from public grants or private

sources available for providing services authorized by this

chapter; or

(5) use any combination of funding sources specified by this

subsection.

(b) The commissioners court, on its behalf or on behalf of the

domestic relations office, may:

(1) provide by order for reasonable exemptions from the

collection of fees authorized by Subsection (a); and

(2) require payment of a fee authorized by Subsection (a)(2)

annually and in advance.

(c) The commissioners court may not charge a fee under

Subsection (a)(2) if the amount of child support ordered to be

paid is less than the equivalent of $100 per month.

(d) The fees established under Subsection (a) may be collected

by any means provided for the collection of child support. The

commissioners court may provide by order, on its behalf or on

behalf of the domestic relations office, for the manner of

collection of fees and the apportionment of payments received to

meet fee obligations.

Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1,

1997. Redesignated from Human Resources Code Sec. 153.004 and

amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1,

1999.

Sec. 204.005. CUMULATIVE EFFECT OF CHAPTER. A power or duty

conferred on a county, county official, or county instrumentality

by this chapter is cumulative of the powers and duties created or

conferred by other law.

Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1,

1997. Redesignated from Human Resources Code Sec. 153.005 and

amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1,

1999.


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