CHAPTER 233. CHILD SUPPORT REVIEW PROCESS TO ESTABLISH OR ENFORCE SUPPORT OBLIGATIONS

State Codes and Statutes

Statutes > Texas > Family-code > Title-5-the-parent-child-relationship-and-the-suit-affecting-the-parent-child-relationship > Chapter-233-child-support-review-process-to-establish-or-enforce-support-obligations

FAMILY CODE

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

PARENT-CHILD RELATIONSHIP

SUBTITLE D. ADMINISTRATIVE SERVICES

CHAPTER 233. CHILD SUPPORT REVIEW PROCESS TO ESTABLISH OR ENFORCE

SUPPORT OBLIGATIONS

Sec. 233.001. PURPOSE. (a) The purpose of the procedures

specified in the child support review process authorized by this

chapter is to enable the Title IV-D agency to take expedited

administrative actions to establish, modify, and enforce child

support and medical support obligations, to determine parentage,

or to take any other action authorized or required under Part D,

Title IV, of the federal Social Security Act (42 U.S.C. Section

651 et seq.), and Chapter 231.

(b) A child support review order issued under this chapter and

confirmed by a court constitutes an order of the court and is

enforceable by any means available for the enforcement of child

support obligations under this code, including withholding

income, filing a child support lien, and suspending a license

under Chapter 232.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.401 and

amended by Acts 1997, 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997.

Sec. 233.002. AGREEMENTS ENCOURAGED. To the extent permitted by

this chapter, the Title IV-D agency shall encourage agreement of

the parties.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.402 and

amended by Acts 1997, 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997.

Sec. 233.003. BILINGUAL FORMS REQUIRED. A notice or other form

used to implement administrative procedures under this chapter

shall be printed in both Spanish and English.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.403 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997.

Sec. 233.004. INTERPRETER REQUIRED. If a party participating in

an administrative proceeding under this chapter does not speak

English or is hearing impaired, the Title IV-D agency shall

provide for interpreter services at no charge to the party.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.404 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997.

Sec. 233.005. INITIATING ADMINISTRATIVE ACTIONS. An

administrative action under this chapter may be initiated by

issuing a notice of child support review under Section 233.006 or

a notice of proposed child support review order under Section

233.009 or 233.0095 to each party entitled to notice.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.405 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 63, eff.

Sept. 1, 1999.

Sec. 233.006. CONTENTS OF NOTICE OF CHILD SUPPORT REVIEW. (a)

The notice of child support review issued by the Title IV-D

agency must:

(1) describe the procedure for a child support review, including

the procedures for requesting a negotiation conference;

(2) inform the recipient that the recipient may be represented

by legal counsel during the review process or at a court hearing;

and

(3) inform the recipient that the recipient may refuse to

participate or cease participation in the child support review

process, but that the refusal by the recipient to participate

will not prevent the completion of the process or the filing of a

child support review order.

(b) In addition to the information required by Subsection (a),

the notice of child support review may inform the recipient that:

(1) an affidavit of financial resources included with the notice

must be executed by the recipient and returned to the Title IV-D

agency not later than the 15th day after the date the notice is

received or delivered; and

(2) if the requested affidavit of financial resources is not

returned as required, the agency may:

(A) proceed with the review using the information that is

available to the agency; and

(B) file a legal action without further notice to the recipient,

except as otherwise required by law.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.406 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 64, eff.

Sept. 1, 2001.

Sec. 233.007. SERVICE OF NOTICE. (a) A notice required in an

administrative action under this chapter may be delivered by

personal service or first class mail on each party entitled to

citation or notice as provided by Chapter 102.

(b) This section does not apply to notice required on filing of

a child support review order or to later judicial actions.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.407 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997.

Sec. 233.008. ADMINISTRATIVE SUBPOENA IN CHILD SUPPORT REVIEW.

In a child support review under this chapter, the Title IV-D

agency may issue an administrative subpoena authorized under

Chapter 231 to any individual or organization believed to have

financial or other information needed to establish, modify, or

enforce a support order.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.408 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997.

Sec. 233.009. NOTICE OF PROPOSED CHILD SUPPORT REVIEW ORDER;

NEGOTIATION CONFERENCE. (a) After an investigation and

assessment of financial resources, the Title IV-D agency may

serve on the parties a notice of proposed child support review

order in enforcing or modifying an existing order.

(b) The notice of proposed child support review order shall

state:

(1) the amount of periodic payment of child support due, the

amount of any overdue support that is owed as an arrearage as of

the date of the notice, and the amounts that are to be paid by

the obligor for current support due and in payment on the

arrearage owed;

(2) that the person identified in the notice as the party

responsible for payment of the support amounts may contest the

notice order on the grounds that:

(A) the respondent is not the responsible party;

(B) the dependent child is no longer entitled to child support;

stated; and

(3) that, if the person identified in the notice as the party

responsible for payment of the support amounts does not contest

the notice in writing or request a negotiation conference to

discuss the notice not later than the 15th day after the date the

notice was delivered, the Title IV-D agency may file a child

support review order for child support and for medical support

for the child as provided by Chapter 154 according to the

information available to the agency.

without a request from a party.

(d) The Title IV-D agency shall schedule a negotiation

conference on the timely request of a party.

(e) The agency may conduct a negotiation conference, or any part

of a negotiation conference, by telephone conference call, by

video conference, as well as in person and may adjourn the

conference for a reasonable time to permit mediation of issues

that cannot be resolved by the parties and the agency.

(f) Notwithstanding any other provision of this chapter, if the

parties have agreed to the terms of a proposed child support

review order and each party has signed the order, including a

waiver of the right to service of process as provided by Section

233.018, the Title IV-D agency may immediately present the order

and waiver to the court for confirmation without conducting a

negotiation conference or requiring the production of financial

information.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.409 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 1023, Sec. 65, eff. Sept. 1,

2001.

Sec. 233.0095. NOTICE OF PROPOSED CHILD SUPPORT REVIEW ORDER IN

CASES OF ACKNOWLEDGED PATERNITY. (a) If an individual has

signed the acknowledgment of paternity as the father of the child

or executed a statement of paternity, the Title IV-D agency may

serve on the parties a notice of proposed child support review

order.

(b) The notice of proposed child support review order shall

state:

(1) the amount of periodic payment of child support due;

(2) that the person identified in the notice as the party

responsible for payment of the support amounts may only contest

the amount of monthly support; and

(3) that, if the person identified in the notice as the party

responsible for payment of the support amounts does not contest

the notice in writing or request a negotiation conference to

discuss the notice not later than the 15th day after the date the

notice was delivered, the Title IV-D agency may file the child

support order for child support and for medical support for the

child as provided by Chapter 154 according to the information

available to the agency.

without a request from a party.

(d) The Title IV-D agency shall schedule a negotiation

conference on the timely request of a party.

(e) The Title IV-D agency may conduct a negotiation conference,

or any part of a negotiation conference, by telephone conference

call, by video conference, or in person and may adjourn the

conference for a reasonable time to permit mediation of issues

that cannot be resolved by the parties and the agency.

(f) Notwithstanding any other provision of this chapter, if

paternity has been acknowledged, the parties have agreed to the

terms of a proposed child support review order, and each party

has signed the order, including a waiver of the right to service

of process as provided by Section 233.018, the Title IV-D agency

may immediately present the order and waiver to the court for

confirmation without conducting a negotiation conference or

requiring the production of financial information.

Added by Acts 1999, 76th Leg., ch. 556, Sec. 64, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 66, eff.

Sept. 1, 2001.

Sec. 233.010. NOTICE OF NEGOTIATION CONFERENCE; FAILURE TO

ATTEND CONFERENCE. (a) The Title IV-D agency shall notify all

parties entitled to notice of the negotiation conference of the

date, time, and place of the conference not later than the 10th

day before the date of the conference.

(b) If a party fails to attend the scheduled conference, the

agency may proceed with the review and file a child support

review order according to the information available to the

agency.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.410 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997.

Sec. 233.011. RESCHEDULING NEGOTIATION CONFERENCE; NOTICE

REQUIRED. (a) The Title IV-D agency may reschedule or adjourn a

negotiation conference on the request of any party.

(b) The Title IV-D agency shall give all parties notice of a

rescheduled conference not later than the third day before the

date of the rescheduled conference.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.411 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997.

Sec. 233.012. INFORMATION REQUIRED TO BE PROVIDED AT NEGOTIATION

CONFERENCE. At the beginning of the negotiation conference, the

child support review officer shall review with the parties

participating in the conference information provided in the

notice of child support review and inform the parties that:

(1) the purpose of the negotiation conference is to provide an

opportunity to reach an agreement on a child support order;

(2) if the parties reach an agreement, the review officer will

prepare an agreed review order to be effective immediately on

being confirmed by the court, as provided by Section 233.024;

(3) a party does not have to sign a review order prepared by the

child support review officer but that the Title IV-D agency may

file a review order without the agreement of the parties;

(4) the parties may sign a waiver of the right to service of

process;

(5) a party may request a court hearing on a nonagreed order at

any time before the 20th day after the date a petition for

confirmation of the order is filed; and

(6) a party may file a motion for a new trial at any time before

the 30th day after an order is confirmed by the court.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.412 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997.

Sec. 233.013. DETERMINING SUPPORT AMOUNT; MODIFICATION. (a)

The Title IV-D agency may use any information obtained by the

agency from the parties or any other source and shall apply the

child support guidelines provided by this code to determine the

appropriate amount of child support.

(b) If it has been three years since a child support order was

rendered or last modified and the amount of the child support

award under the order differs by either 20 percent or $100 from

the amount that would be awarded under the child support

guidelines, the Title IV-D agency shall file an appropriate child

support review order, including an order that has the effect of

modifying an existing court or administrative order for child

support without the necessity of filing a motion to modify.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.413 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997.

Sec. 233.014. RECORD OF PROCEEDINGS. (a) For the purposes of

this chapter, documentary evidence relied on by the child support

review officer, including an affidavit of a party, together with

the child support review order is a sufficient record of the

proceedings.

(b) The Title IV-D agency is not required to make any other

record or transcript of the negotiation conference.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.414 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997.

Sec. 233.015. ISSUANCE OF CHILD SUPPORT REVIEW ORDER OR FINDING

THAT NO ORDER SHOULD BE ISSUED; EFFECT. (a) If a negotiation

conference does not result in agreement by all parties to the

child support review order, the Title IV-D agency shall render a

final decision in the form of a child support review order or a

determination that the agency should not issue a child support

review order not later than the fifth day after the date of the

negotiation conference.

(b) If the Title IV-D agency determines that the agency should

not issue a child support order, the agency shall immediately

provide each party with notice of the determination by personal

delivery or by first class mail.

issued must include a statement of the reasons that an order is

not being issued and a statement that the agency's determination

does not affect the right of the Title IV-D agency or a party to

request any other remedy provided by law.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.415 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997.

Sec. 233.016. VACATING CHILD SUPPORT REVIEW ORDER. (a) The

Title IV-D agency may vacate a child support review order at any

time before the order is filed with the court.

(b) A new negotiation conference, with notice to all parties,

may be scheduled or the Title IV-D agency may make a

determination that a child support review order should not be

issued and give notice of that determination as provided by this

chapter.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.416 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997.

Sec. 233.017. CONTENTS OF CHILD SUPPORT REVIEW ORDER. (a) An

order issued under this chapter must be reviewed and signed by an

attorney of the Title IV-D agency and must contain all provisions

that are appropriate for an order under this title, including

current child support, medical support, a determination of any

arrearages or retroactive support, and, if not otherwise ordered,

income withholding.

(b) A child support review order providing for the enforcement

of an order may not contain a provision that imposes

incarceration or a fine or contains a finding of contempt.

amount of previously ordered support must include the findings

required by Section 154.130.

(d) A child support review order that is not agreed to by all

the parties may specify and reserve for the court at the

confirmation hearing unresolved issues relating to

conservatorship or possession of a child.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.417 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997.

Sec. 233.018. ADDITIONAL CONTENTS OF AGREED CHILD SUPPORT REVIEW

ORDER. (a) If a negotiation conference results in an agreement

of the parties, each party must sign the child support review

order and the order must contain as to each party:

(1) a waiver by the party of the right to service of process and

a court hearing;

(2) the mailing address of the party; and

(3) the following statement printed on the order in boldfaced

type, in capital letters, or underlined:

"I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS CHILD SUPPORT

REVIEW ORDER. I UNDERSTAND THAT IF I SIGN THIS ORDER, IT WILL BE

CONFIRMED BY THE COURT WITHOUT FURTHER NOTICE TO ME. I KNOW THAT

I HAVE A RIGHT TO REQUEST THAT A COURT RECONSIDER THE ORDER BY

FILING A MOTION FOR A NEW TRIAL AT ANY TIME BEFORE THE 30TH DAY

AFTER THE DATE OF THE CONFIRMATION OF THE ORDER BY THE COURT. I

KNOW THAT IF I DO NOT OBEY THE TERMS OF THIS ORDER I MAY BE HELD

IN CONTEMPT OF COURT."

(b) If a negotiation conference results in an agreement on some

but not all issues in the case, the parties may sign a waiver of

service along with an agreement to appear in court at a specified

date and time for a determination by the court of all unresolved

issues. Notice of the hearing is not required.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.418 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 65, eff.

Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 67, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 610, Sec. 17, eff. Sept.

1, 2003.

Sec. 233.019. FILING OF AGREED REVIEW ORDER. (a) The Title

IV-D agency shall file an agreed child support review order and a

waiver of service signed by the parties with the clerk of the

court having continuing jurisdiction of the child who is the

subject of the order.

(b) If there is not a court of continuing jurisdiction, the

Title IV-D agency shall file the agreed review order with the

clerk of a court having jurisdiction under this title.

report of a parentage testing expert and any documentary evidence

relied upon by the agency shall be filed with the agreed review

order as an exhibit to the order.

(d) A child support order issued by a tribunal of another state

and filed with an agreed review order as an exhibit to the agreed

review order shall be treated as a confirmed order without the

necessity of registration under Subchapter G, Chapter 159.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.419 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 66, eff.

Sept. 1, 1999.

Amended by:

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

972, Sec. 57, eff. September 1, 2007.

Sec. 233.020. CONTENTS OF PETITION FOR CONFIRMATION OF NONAGREED

ORDER. (a) A petition for confirmation of a child support

review order not agreed to by the parties:

(1) must include the final review order as an attachment to the

petition; and

(2) may include a waiver of service executed under Section

233.018(b) and an agreement to appear in court for a hearing.

(b) Documentary evidence relied on by the Title IV-D agency,

including, if applicable, an acknowledgment of paternity or a

written report of a parentage testing expert, shall be filed with

the clerk as exhibits to the petition, but are not required to be

served on the parties. The petition must identify the exhibits

that are filed with the clerk.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.420 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 67, eff.

Sept. 1, 1999.

Sec. 233.021. DUTIES OF CLERK OF COURT. (a) On the filing of

an agreed child support review order or of a petition for

confirmation of a nonagreed order issued by the Title IV-D

agency, the clerk of court shall endorse on the order or petition

the date and time the order or petition is filed.

(b) In an original action, the clerk shall endorse the

appropriate court and cause number on the agreed review order or

on the petition for confirmation of a nonagreed order.

petition for confirmation of a nonagreed review order and a copy

of the order, to each party entitled to service who has not

waived service.

(d) A clerk of a district court is entitled to collect in a

child support review case the fees authorized in a Title IV-D

case by Chapter 231.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.421 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997.

Sec. 233.022. FORM TO REQUEST A COURT HEARING ON NONAGREED

ORDER. (a) A court shall consider any responsive pleading that

is intended as an objection to confirmation of a child support

review order not agreed to by the parties, including a general

denial, as a request for a court hearing.

(b) The Title IV-D agency shall:

(1) make available to each clerk of court copies of the form to

request a court hearing on a nonagreed review order; and

(2) provide the form to request a court hearing to a party to

the child support review proceeding on request of the party.

support review proceeding on the request of the party.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.422 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997.

Sec. 233.023. TIME TO REQUEST A COURT HEARING. A party may file

a request for a court hearing not later than the 20th day after

the date the petition for confirmation of a nonagreed child

support review order is delivered to the party.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.423 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997.

Sec. 233.024. CONFIRMATION OF AGREED ORDER. (a) On the filing

of an agreed child support review order signed by all parties,

together with waiver of service, the court shall sign the order

not later than the third day after the filing of the order. The

court may sign the order before filing the order, but the signed

order shall immediately be filed.

(b) On confirmation by the court, the Title IV-D agency shall

immediately deliver to each party a copy of the signed agreed

review order.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.424 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 1023, Sec. 68, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 610, Sec. 18, eff. Sept. 1, 2003.

Sec. 233.025. EFFECT OF REQUEST FOR HEARING ON NONAGREED ORDER;

PLEADING. (a) A request for hearing or an order setting a

hearing on confirmation of a nonagreed child support review order

stays confirmation of the order pending the hearing.

(b) At a hearing on confirmation, any issues in dispute shall be

heard in a trial de novo.

order constitute a sufficient pleading by the Title IV-D agency

for relief on any issue addressed in the petition and order.

(d) The request for hearing may limit the scope of the de novo

hearing by specifying the issues that are in dispute.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.425 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997.

Sec. 233.026. TIME FOR COURT HEARING. (a) When a timely

request for a court hearing has been filed as provided by Section

233.023, the court shall hold a hearing on the confirmation of a

child support review order that has not been agreed to by the

parties not later than the 30th day after the date the request

was filed.

(b) A court may not hold a hearing on the confirmation of a

nonagreed child support review order if a party does not timely

request a hearing as provided by Section 233.023.

hearing shall be held not later than the 30th day after the date

set for the initial hearing.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.426 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997; Acts 2003, 78th Leg., ch. 610, Sec. 19, eff. Sept. 1, 2003.

Sec. 233.027. ORDER AFTER HEARING; EFFECT OF CONFIRMATION ORDER.

(a) After the hearing on the confirmation of a nonagreed child

support review order, the court shall:

(1) if the court finds that the order should be confirmed,

immediately sign a confirmation order and enter the order as an

order of the court;

(2) if the court finds that the relief granted in the child

support review order is inappropriate, sign an appropriate order

at the conclusion of the hearing or as soon after the conclusion

of the hearing as is practical and enter the order as an order of

the court; or

(3) if the court finds that all relief should be denied, enter

an order that denies relief and includes specific findings

explaining the reasons that relief is denied.

(b) On the signing of a confirmation order by the judge of the

court, the child support review order becomes a final order of

the court.

the hearing, the court shall sign a confirmation order and enter

the order as an order of the court.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.427 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997; Acts 2003, 78th Leg., ch. 610, Sec. 20, eff. Sept. 1, 2003.

Sec. 233.0271. CONFIRMATION OF NONAGREED ORDER WITHOUT HEARING.

(a) If a request for hearing has not been timely received, the

court shall confirm and sign a nonagreed child support review

order not later than the 30th day after the date the petition for

confirmation was delivered to the last party entitled to service.

(b) The Title IV-D agency shall immediately deliver a copy of

the confirmed nonagreed review order to each party, together with

notice of right to file a motion for a new trial not later than

the 30th day after the date the order was confirmed by the court.

Added by Acts 1997, 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997.

Sec. 233.028. SPECIAL CHILD SUPPORT REVIEW PROCEDURES RELATING

TO ESTABLISHMENT OF PARENTAGE. (a) If the parentage of a child

has not been established, the notice of child support review

delivered to the parties must include an allegation that the

recipient is a biological parent of the child. The notice shall

inform the parties that:

(1) not later than the 15th day after the date of delivery of

the notice, the alleged parent of the child shall either sign a

statement of paternity or an acknowledgment of paternity or deny

in writing that the alleged parent is the biological parent of

the child;

(2) either party may request that scientifically accepted

parentage testing be conducted to assist in determining the

identities of the child's parents;

(3) if the alleged parent timely denies parentage of the child,

the Title IV-D agency shall order parentage testing; and

(4) if the alleged parent does not deny parentage of the child,

the Title IV-D agency may conduct a negotiation conference.

(b) If all parties agree to the child's parentage, the agency

may file an agreed child support review order as provided by this

chapter.

order parentage testing and give each party notice of the time

and place of testing. If either party fails or refuses to

participate in administrative parentage testing, the Title IV-D

agency may file a child support review order resolving the

question of parentage against that party. The court shall confirm

the child support review order as a temporary or final order of

the court only after an opportunity for parentage testing has

been provided.

(d) If genetic testing identifies the alleged parent as the

parent of the child and the results of a verified written report

of a genetic testing expert meet the requirements of Chapter 160

for issuing a temporary order, the Title IV-D agency may conduct

a negotiation conference to resolve any issues of support and

file with the court a child support review order.

(e) If the results of parentage testing exclude an alleged

parent from being the biological parent of the child, the Title

IV-D agency shall issue and provide to each party a child support

review order that declares that the excluded person is not a

parent of the child.

(f) Any party may file a petition for confirmation of a child

support review order issued under this section.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.428 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 821, Sec. 2.17, eff. June 14,

2001.

Sec. 233.029. ADMINISTRATIVE PROCEDURE LAW NOT APPLICABLE. The

child support review process under this chapter is not governed

by Chapter 2001, Government Code.

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

1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff.

Sept. 1, 1995. Redesignated from Family Code Sec. 231.429 and

amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1,

1997.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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