reglab/housing_qa huggingface dataset:
TX Fam Code § 157.317 (2021)
2021 Texas Statutes|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 G. Child Support Lien|Section 157.317. Property to Which Lien Attaches

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;(3)  the proceeds of an insurance policy, including the proceeds from a life insurance policy or annuity contract and the proceeds from the sale or assignment of life insurance or annuity benefits, a claim for compensation, or a settlement or award for the claim for compensation, due to or owned by the obligor;(4)  property seized and subject to forfeiture under Chapter 59, Code of Criminal Procedure; and(5)  the proceeds derived from the sale of oil or gas production from an oil or gas well located in this state.(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, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 610, Sec. 8, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 28, eff. September 1, 2007.Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 7, eff. September 1, 2011.Acts 2017, 85th Leg., R.S., Ch. 961 (S.B. 1965), Sec. 3, eff. September 1, 2017.|
TX Fam Code § 157.3171 (2021)
2021 Texas Statutes|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 G. Child Support Lien|Section 157.3171. Release of Lien on Homestead Property

Sec. 157.3171.  RELEASE OF LIEN ON HOMESTEAD PROPERTY.  (a)  An obligor who believes that a child support lien has attached to real property of the obligor that is the obligor's homestead, as defined by Section 41.002, Property Code, may file an affidavit to release the lien against the homestead in the same manner that a judgment debtor may file an affidavit under Section 52.0012, Property Code, to release a judgment lien against a homestead.(b)  Except as provided by Subsection (c), the obligor must comply with all requirements imposed by Section 52.0012, Property Code.  For purposes of complying with that section, the obligor is considered to be a judgment debtor under that section and the claimant under the child support lien is considered to be a judgment creditor under that section.(c)  For purposes of Section 52.0012(d), Property Code, and the requirements of the certificate of mailing prescribed by Section 52.0012(g), Property Code, the obligor is required only to send the letter and affidavit described in Section 52.0012(g) to the claimant under the child support lien at the claimant's last known address.(d)  The claimant under the child support lien may dispute the obligor's affidavit by filing a contradicting affidavit in the manner provided by Section 52.0012(e), Property Code.(e)  Subject to Subsection (f), an affidavit filed by an obligor under this section has the same effect with respect to a child support lien as an affidavit filed under Section 52.0012, Property Code, has with respect to a judgment lien.(f)  If the claimant files a contradicting affidavit as described by Subsection (d), the issue of whether the real property is subject to the lien must be resolved in an action brought for that purpose in the district court of the county in which the real property is located and the lien was filed.|Added by Acts 2009, 81st Leg., R.S., Ch. 164 (S.B. 1661), Sec. 1, eff. May 26, 2009.Amended by: Acts 2021, 87th Leg., R.S., Ch. 893 (H.B. 3115), Sec. 2, eff. September 1, 2021.|
TX Fam Code § 157.318 (2021)
2021 Texas Statutes|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 G. Child Support Lien|Section 157.318. Duration and Effect of Child Support Lien

Sec. 157.318.  DURATION AND EFFECT OF CHILD SUPPORT LIEN.  (a)  Subject to Subsection (d), a lien is effective until all current support and child support arrearages, including interest, any costs and reasonable attorney's fees, and any Title IV-D service fees authorized under Section 231.103 for which the obligor is responsible, have been paid or the lien is otherwise released as provided by this subchapter.(b)  The lien secures payment of all child support arrearages owed by the obligor under the underlying child support order, including arrearages that accrue after the lien notice was filed or delivered as provided by Section 157.314.(c)  The filing of a lien notice or abstract of judgment with the county clerk is a record of the notice and has the same effect as any other lien notice with respect to real property records.(d)  A lien is effective with respect to real property until the 10th anniversary of the date on which the lien notice was filed with the county clerk.  A lien subject to the limitation prescribed by this subsection may be renewed for subsequent 10-year periods by filing a renewed lien notice in the same manner as the original lien notice.  For purposes of establishing priority, a renewed lien notice filed before the applicable 10th anniversary relates back to the date the original lien notice was filed.  A renewed lien notice filed on or after the applicable 10th anniversary has priority over any other lien recorded with respect to the real property only on the basis of the date the renewed lien notice is filed.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 420, Sec. 7, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 911, Sec. 25, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1023, Sec. 26, eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 29, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 164 (S.B. 1661), Sec. 2, eff. May 26, 2009.|
TX Fam Code § 157.319 (2021)
2021 Texas Statutes|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 G. Child Support Lien|Section 157.319. Effect of Lien Notice

Sec. 157.319.  EFFECT OF LIEN NOTICE.  (a)  If a person having actual notice of the lien possesses nonexempt personal property of the obligor that may be subject to the lien, the property may not be paid over, released, sold, transferred, encumbered, or conveyed unless:(1)  a release of lien signed by the claimant is delivered to the person in possession;  or(2)  a court, after notice to the claimant and hearing, has ordered the release of the lien because arrearages do not exist.(b)  A person having notice of a child support lien who violates this section may be joined as a party to a foreclosure action under this chapter and is subject to the penalties  provided by this subchapter.(c)  This section does not affect the validity or priority of a lien of a health care provider, a lien for attorney's fees, or a lien of a holder of a security interest.  This section does not affect the assignment of rights or subrogation of a claim under Title XIX of the federal Social Security Act (42 U.S.C. Section 1396 et seq.), as amended.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 420, Sec. 8, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 911, Sec. 26, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1023, Sec. 27, eff. Sept. 1, 2001.|
TX Fam Code § 157.320 (2021)
2021 Texas Statutes|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 G. Child Support Lien|Section 157.320. Priority of Lien as to Real Property

Sec. 157.320.  PRIORITY OF LIEN AS TO REAL PROPERTY.  (a)  A lien created under this subchapter does not have priority over a lien or conveyance of an interest in the nonexempt real property recorded before the child support lien notice is recorded in the county where the real property is located.(b)  A lien created under this subchapter has priority over any lien or conveyance of an interest in the nonexempt real property recorded after the child support lien notice is recorded in the county clerk's office in the county where the property of the obligor is located.(c)  A conveyance of real property by the obligor after a lien notice has been recorded in the county where the real property is located is subject to the lien and may not impair the enforceability of the lien against the real property.(d)  A lien created under this subchapter is subordinate to a vendor's lien retained in a conveyance to the obligor.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 27, eff. Sept. 1, 1997.|
TX Fam Code § 157.321 (2021)
2021 Texas Statutes|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 G. Child Support Lien|Section 157.321. Discretionary Release of Lien

Sec. 157.321.  DISCRETIONARY RELEASE OF LIEN.  A child support lien claimant may at any time release a lien on all or part of the property of the obligor or return seized property, without liability, if assurance of payment is considered adequate by the claimant or if the release or return will facilitate the collection of the arrearages.  The release or return may not operate to prevent future action to collect from the same or other property owned by the obligor.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 420, Sec. 9, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 911, Sec. 28, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1023, Sec. 28, eff. Sept. 1, 2001.|
TX Fam Code § 157.322 (2021)
2021 Texas Statutes|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 G. Child Support Lien|Section 157.322. Mandatory Release of Lien

Sec. 157.322.  MANDATORY RELEASE OF LIEN.  (a)  On payment in full of the amount of child support due, together with any costs and reasonable attorney's fees, the child support lien claimant shall execute and deliver to the obligor or the obligor's attorney a release of the child support lien.(b)  The release of the child support lien is effective when:(1)  filed with the county clerk with whom the lien notice or abstract of judgment was filed;  or(2)  delivered to any other individual or organization that may have been served with a lien notice 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. 10, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 911, Sec. 29, 97(a), eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1023, Sec. 29, eff. Sept. 1, 2001.|
TX Fam Code § 157.323 (2021)
2021 Texas Statutes|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 G. Child Support Lien|Section 157.323. Foreclosure or Suit to Determine Arrearages

Sec. 157.323.  FORECLOSURE OR SUIT TO DETERMINE ARREARAGES.  (a)  In addition to any other remedy provided by law, an action to foreclose a child support lien, to dispute the amount of arrearages stated in the lien, or to resolve issues of ownership interest with respect to property subject to a child support lien may be brought in:(1)  the court in which the lien notice was filed under Section 157.314(b)(1);(2)  the district court of the county in which the property is or was located and the lien was filed;  or(3)  the court of continuing jurisdiction.(b)  The procedures provided by Subchapter B  apply to a foreclosure action under this section, except that a person or organization in possession of the property of the obligor or known to have an ownership interest in property that is subject to the lien may be joined as an additional respondent.(c)  If arrearages are owed by the obligor, the court shall:(1)  render judgment against the obligor for the amount due, plus costs and reasonable attorney's fees;  (2)  order any official authorized to levy execution to satisfy the lien, costs, and attorney's fees by selling any property on which a lien is established under this subchapter;  or(3)  order an individual or organization in possession of nonexempt personal property or cash owned by the obligor to dispose of the property as the court may direct.(d)  For execution and sale under this section, publication of notice is necessary only for three consecutive weeks in a newspaper published in the county where the property is located or, if there is no newspaper in that county, in the most convenient newspaper in circulation in the county.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 420, Sec. 11, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 911, Sec. 30, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1023, Sec. 30, eff. Sept. 1, 2001.|
TX Fam Code § 157.324 (2021)
2021 Texas Statutes|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 G. Child Support Lien|Section 157.324. Liability for Failure to Comply With Order or Lien

Sec. 157.324.  LIABILITY FOR FAILURE TO COMPLY WITH ORDER OR LIEN.  A person who knowingly disposes of property subject to a child support lien or who, after a foreclosure hearing, fails to surrender on demand nonexempt personal property as directed by a court under this subchapter is liable to the claimant in an amount equal to the value of the property disposed of or not surrendered, not to exceed the amount of the child support arrearages for which the lien or foreclosure judgment was issued.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 420, Sec. 12, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 911, Sec. 31, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1023, Sec. 31, eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 30, eff. September 1, 2007.|
TX Fam Code § 157.325 (2021)
2021 Texas Statutes|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 G. Child Support Lien|Section 157.325. Release of Excess Funds to Debtor or Obligor

Sec. 157.325.  RELEASE OF EXCESS FUNDS TO DEBTOR OR OBLIGOR.  (a)  If a person has in the person's possession earnings, deposits, accounts, balances, or other funds or assets of the obligor, including the proceeds of a judgment or other settlement of a claim or counterclaim due to the obligor that are in excess of the amount of arrearages specified in the child support lien, the holder of the nonexempt personal property or the obligor may request that the claimant release any excess amount from the lien.  The claimant shall grant the request and discharge any lien on the excess amount unless the security for the arrearages would be impaired.(b)  If the claimant refuses the request, the holder of the personal property or the obligor may file suit under this subchapter for an order determining the amount of arrearages and discharging excess personal property or money from the lien.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 420, Sec. 13, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 911, Sec. 32, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1023, Sec. 32, eff. Sept. 1, 2001.|
TX Fam Code § 157.326 (2021)
2021 Texas Statutes|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 G. Child Support Lien|Section 157.326. Interest of Obligor's Spouse or Another Person Having Ownership Interest

Sec. 157.326.  INTEREST OF OBLIGOR'S SPOUSE OR ANOTHER PERSON HAVING OWNERSHIP INTEREST.  (a)  A spouse of an obligor or another person having an ownership interest in property that is subject to a child support lien may file suit under Section 157.323 to determine the extent, if any, of the spouse's or other person's interest in real or personal property that is subject to:(1)  a lien perfected under this subchapter;  or(2)  an action to foreclose under this subchapter.(b)  After notice to the obligor, the obligor's spouse, any other person alleging an ownership interest, the claimant, and the obligee, the court shall conduct a hearing and determine the extent, if any, of the ownership interest in the property held by the obligor's spouse or other person.  If the court finds that:(1)  the property is the separate property of the obligor's spouse or the other person, the court shall order that the lien against the property be released and that any action to foreclose on the property be dismissed;(2)  the property is jointly owned by the obligor and the obligor's spouse, the court shall determine whether the sale of the obligor's interest in the property would result in an unreasonable hardship on the obligor's spouse or family and:(A)  if so, the court shall render an order that the obligor's interest in the property not be sold and that the lien against the property should be released;  or(B)  if not, the court shall render an order partitioning the property and directing that the property be sold and the proceeds applied to the child support arrearages;  or(3)  the property is owned in part by another person, other than the obligor's spouse, the court shall render an order partitioning the property and directing that the obligor's share of the property be applied to the child support arrearages.(c)  In a proceeding under this section, the spouse or other person claiming an ownership interest in the property has the burden to prove the extent of that ownership interest.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 420, Sec. 14, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 911, Sec. 33, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1023, Sec. 33, eff. Sept. 1, 2001.|
TX Fam Code § 157.3271 (2021)
2021 Texas Statutes|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 G. Child Support Lien|Section 157.3271. Levy on Financial Institution Account of Deceased Obligor

Sec. 157.3271.  LEVY ON FINANCIAL INSTITUTION ACCOUNT OF DECEASED OBLIGOR.  (a)  Subject to Subsection (b), the Title IV-D agency may, not earlier than the 90th day after the date of death of an obligor in a Title IV-D case, deliver a notice of levy to a financial institution in which the obligor was the sole owner of an account, regardless of whether the Title IV-D agency has issued a child support lien notice regarding the account.(b)  The Title IV-D agency may not deliver a notice of levy under this section if probate proceedings relating to the obligor's estate have commenced.(c)  The notice of levy must:(1)  identify the amount of child support arrearages determined by the Title IV-D agency to be owing and unpaid by the obligor on the date of the obligor's death; and(2)  direct the financial institution to pay to the Title IV-D agency, not earlier than the 45th day or later than the 60th day after the date of delivery of the notice, an amount from the assets of the obligor or from funds due to the obligor that are held or controlled by the institution, not to exceed the amount of the child support arrearages identified in the notice.(d)  Not later than the 35th day after the date of delivery of the notice, the financial institution must notify any other person asserting a claim against the account that:(1)  the account has been levied on for child support arrearages in the amount shown on the notice of levy; and(2)  the person may contest the levy by filing suit and requesting a court hearing in the same manner that a person may challenge a child support lien under Section 157.323.(e)  A person who contests a levy under this section, as authorized by Subsection (d)(2), may bring the suit in:(1)  the district court of the county in which the property is located or in which the obligor resided; or(2)  the court of continuing jurisdiction.(f)  The notice of levy may be delivered to a financial institution as provided 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.(g)  A financial institution may deduct its fees and costs, including any costs for complying with this section, from the deceased obligor's assets before paying the appropriate amount to the Title IV-D agency.|Added by Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 8, eff. September 1, 2011.|