reglab/housing_qa huggingface dataset:
TX Fam Code § 157.002 (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 A. Pleadings and Defenses|Section 157.002. Contents of Motion

Sec. 157.002.  CONTENTS OF MOTION.  (a)  A motion for enforcement must, in ordinary and concise language:(1)  identify the provision of the order allegedly violated and sought to be enforced;(2)  state the manner of the respondent's alleged noncompliance;(3)  state the relief requested by the movant;  and(4)  contain the signature of the movant or the movant's attorney.(b)  A motion for enforcement of child support:(1)  must include the amount owed as provided in the order, the amount paid, and the amount of arrearages;(2)  if contempt is requested, must include the portion of the order allegedly violated and, for each date of alleged contempt, the amount due and the amount paid, if any;  (3)  may include as an attachment a copy of a record of child support payments maintained by the Title IV-D registry or a local registry;  and(4)  if the obligor owes arrearages for a child receiving assistance under Part A of Title IV of the federal Social Security Act (42 U.S.C. Section 601 et seq.), may include a request that:(A)  the obligor pay the arrearages in accordance with a plan approved by the court;  or(B)  if the obligor is already subject to a plan and is not incapacitated, the obligor participate in work activities, as defined under 42 U.S.C. Section 607(d), that the court determines appropriate.(c)  A motion for enforcement of the terms and conditions of conservatorship or possession of or access to a child must include the date, place, and, if applicable, the time of each occasion of the respondent's failure to comply with the order.(d)  The movant is not required to plead that the underlying order is enforceable by contempt to obtain other appropriate enforcement remedies.(e)  The movant may allege repeated past violations of the order and that future violations of a similar nature may occur before the date of the hearing.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 17, eff. Sept. 1, 1997.|
TX Fam Code § 157.003 (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 A. Pleadings and Defenses|Section 157.003. Joinder of Claims and Remedies; No Election of Remedies

Sec. 157.003.  JOINDER OF CLAIMS AND REMEDIES;  NO ELECTION OF REMEDIES.  (a)  A party requesting enforcement may join in the same proceeding any claim and remedy provided for in this chapter, other provisions of this title, or other rules of law.(b)  A motion for enforcement does not constitute an election of remedies that limits or precludes:(1)  the use of any other civil or criminal proceeding to enforce a final order;  or(2)  a suit for damages under Chapter 42.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.24, eff. Sept. 1, 1999.|
TX Fam Code § 157.004 (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 A. Pleadings and Defenses|Section 157.004. Time Limitations; Enforcement of Possession

Sec. 157.004.  TIME LIMITATIONS;  ENFORCEMENT OF POSSESSION.  The court retains jurisdiction to render a contempt order for failure to comply with the order of possession and access if the motion for enforcement is filed not later than the sixth month after the date:(1)  the child becomes an adult;  or(2)  on which the right of possession and access terminates under the order or by operation of law.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.|
TX Fam Code § 157.005 (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 A. Pleadings and Defenses|Section 157.005. Time Limitations; Enforcement of Child Support

Sec. 157.005.  TIME LIMITATIONS;  ENFORCEMENT OF CHILD SUPPORT.  (a)  The court retains jurisdiction to render a contempt order for failure to comply with the child support order if the motion for enforcement is filed not later than the second anniversary of the date:(1)  the child becomes an adult; or(2)  on which the child support obligation terminates under the order or by operation of law.(b)  The court retains jurisdiction to confirm the total amount of child support, medical support, and dental support arrearages and render cumulative money judgments for past-due child support, medical support, and dental support, as provided by Section 157.263, if a motion for enforcement requesting a money judgment is filed not later than the 10th anniversary after the date:(1)  the child becomes an adult; or(2)  on which the child support obligation terminates under the child support order or by operation of law.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 556, Sec. 15, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 916 (H.B. 260), Sec. 21, eff. June 18, 2005.Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 17, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 13, eff. June 19, 2009.Acts 2021, 87th Leg., R.S., Ch. 552 (S.B. 286), Sec. 7, eff. September 1, 2021.|
TX Fam Code § 157.006 (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 A. Pleadings and Defenses|Section 157.006. Affirmative Defense to Motion for Enforcement

Sec. 157.006.  AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT.  (a)  The issue of the existence of an affirmative defense to a motion for enforcement does not arise unless evidence is admitted supporting the defense.(b)  The respondent must prove the affirmative defense by a preponderance of the evidence.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.|
TX Fam Code § 157.007 (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 A. Pleadings and Defenses|Section 157.007. Affirmative Defense to Motion for Enforcement of Possession or Access

Sec. 157.007.  AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT OF POSSESSION OR ACCESS.  (a)  The respondent may plead as an affirmative defense to contempt for failure to comply with an order for possession or access to a child that the movant voluntarily relinquished actual possession and control of the child.(b)  The voluntary relinquishment must have been for the time encompassed by the court-ordered periods during which the respondent is alleged to have interfered.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.|
TX Fam Code § 157.008 (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 A. Pleadings and Defenses|Section 157.008. Affirmative Defense to Motion for Enforcement of Child Support

Sec. 157.008.  AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT OF CHILD SUPPORT.  (a)  An obligor may plead as an affirmative defense in whole or in part to a motion for enforcement of child support that the obligee voluntarily relinquished to the obligor actual possession and control of a child.(b)  The voluntary relinquishment must have been for a time period in excess of any court-ordered periods of possession of and access to the child and actual support must have been supplied by the obligor.(c)  An obligor may plead as an affirmative defense to an allegation of contempt or of the violation of a condition of community service requiring payment of child support that the obligor:(1)  lacked the ability to provide support in the amount ordered;(2)  lacked property that could be sold, mortgaged, or otherwise pledged to raise the funds needed;(3)  attempted unsuccessfully to borrow the funds needed;  and(4)  knew of no source from which the money could have been borrowed or legally obtained.(d)  An obligor who has provided actual support to the child during a time subject to an affirmative defense under this section may request reimbursement for that support as a counterclaim or offset against the claim of the obligee.(e)  An action against the obligee for support supplied to a child is limited to the amount of periodic payments previously ordered by the court.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.|
TX Fam Code § 157.009 (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 A. Pleadings and Defenses|Section 157.009. Credit for Payment of Disability Benefits

Sec. 157.009.  CREDIT FOR PAYMENT OF DISABILITY BENEFITS.  In addition to any other credit or offset available to an obligor under this title, if a child for whom the obligor owes child support receives a lump-sum payment as a result of the obligor's disability and that payment is made to the obligee as the representative payee of the child, the obligor is entitled to a credit.  The credit under this section is equal to the amount of the lump-sum payment and shall be applied to any child support arrearage and interest owed by the obligor on behalf of that child at the time the payment is made.|Added by Acts 2009, 81st Leg., R.S., Ch. 538 (S.B. 1514), Sec. 1, eff. June 19, 2009.Added by Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 14, eff. June 19, 2009.|
TX Fam Code § 157.061 (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 B. Procedure|Section 157.061. Setting Hearing

Sec. 157.061.  SETTING HEARING.  (a)  On filing a motion for enforcement requesting contempt, the court shall set the date, time, and place of the hearing and order the respondent to personally appear and respond to the motion.(b)  If the motion for enforcement does not request contempt, the court shall set the motion for hearing on the request of a party.(c)  The court shall give preference to a motion for enforcement of child support in setting a hearing date and may not delay the hearing because a suit for modification of the order requested to be enforced has been or may be filed.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.|
TX Fam Code § 157.062 (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 B. Procedure|Section 157.062. Notice of Hearing

Sec. 157.062.  NOTICE OF HEARING.  (a)  The notice of hearing must include the date, time, and place of the hearing.(b)  The notice of hearing need not repeat the allegations contained in the motion for enforcement.(c)  Notice of hearing on a motion for enforcement of a final order providing for child support or possession of or access to a child, any provision of a final order rendered against a party who has already appeared in a suit under this title, or any provision of a temporary order shall be given to the respondent by personal service of a copy of the motion and notice not later than the 10th day before the date of the hearing.  For purposes of this subsection, "temporary order" includes a temporary restraining order, standing order, injunction, and any other temporary order rendered by a court.(d)  If a motion for enforcement of a final order, other than a final order rendered against a party who has already appeared in a suit under this title, is joined with another claim:(1)  the hearing may not be held before 10 a.m. on the first Monday after the 20th day after the date of service; and(2)  the provisions of the Texas Rules of Civil Procedure applicable to the filing of an original lawsuit apply.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 49, eff. Sept. 1, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1105 (H.B. 3121), Sec. 2, eff. September 1, 2015.|
TX Fam Code § 157.063 (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 B. Procedure|Section 157.063. Appearance

Sec. 157.063.  APPEARANCE.  A party makes a general appearance for all purposes in an enforcement proceeding if:(1)  the party appears at the hearing or is present when the case is called;  and(2)  the party does not object to the court's jurisdiction or the form or manner of the notice of hearing.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.|
TX Fam Code § 157.064 (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 B. Procedure|Section 157.064. Special Exception

Sec. 157.064.  SPECIAL EXCEPTION.  (a)  If a respondent specially excepts to the motion for enforcement or moves to strike, the court shall rule on the exception or the motion to strike before it hears the motion for enforcement.(b)  If an exception is sustained, the court shall give the movant an opportunity to replead and continue the hearing to a designated date and time without the requirement of additional service.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.|
TX Fam Code § 157.065 (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 B. Procedure|Section 157.065. Notice of Hearing, First Class Mail

Sec. 157.065.  NOTICE OF HEARING, FIRST CLASS MAIL.  (a)  If a party has been ordered under Chapter 105 to provide the court and the state case registry with the party's current mailing address, notice of a hearing on a motion for enforcement of a final order or on a request for a court order implementing a postjudgment remedy for the collection of child support may be served by mailing a copy of the notice to the respondent, together with a copy of the motion or request, by first class mail to the last mailing address of the respondent on file with the court and the registry.(b)  The notice may be sent by the clerk of the court, the attorney for the movant or party requesting a court order, or any person entitled to the address information as provided in Chapter 105.(c)  A person who sends the notice shall file of record a certificate of service showing the date of mailing and the name of the person who sent the notice.(d)  Repealed by Acts 1997, 75th Leg., ch. 911, Sec. 97(a), eff. Sept. 1, 1997.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 18, 97(a), eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 18, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 859 (S.B. 1726), Sec. 5, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 1105 (H.B. 3121), Sec. 3, eff. September 1, 2015.|
TX Fam Code § 157.066 (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 B. Procedure|Section 157.066. Failure to Appear

Sec. 157.066.  FAILURE TO APPEAR.  If a respondent who has been personally served with notice to appear at a hearing does not appear at the designated time, place, and date to respond to a motion for enforcement of an existing court order, regardless of whether the motion is joined with other claims or remedies, the court may not hold the respondent in contempt but may, on proper proof, grant a default judgment for the relief sought and issue a capias for the arrest of the respondent.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 50, eff. Sept. 1, 1995.|
TX Fam Code § 157.101 (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 C. Failure to Appear; Bond or Security|Section 157.101. Bond or Security for Release of Respondent

Sec. 157.101.  BOND OR SECURITY FOR RELEASE OF RESPONDENT.  (a)  When the court orders the issuance of a capias as provided in this chapter, the court shall also set an appearance bond or security, payable to the obligee or to a person designated by the court, in a reasonable amount.(b)  An appearance bond or security in the amount of $1,000 or a cash bond in the amount of $250 is presumed to be reasonable.  Evidence that the respondent has attempted to evade service of process, has previously been found guilty of contempt, or has accrued arrearages over $1,000 is sufficient to rebut the presumption.  If the presumption is rebutted, the court shall set a reasonable bond.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.|
TX Fam Code § 157.102 (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 C. Failure to Appear; Bond or Security|Section 157.102. Capias or Warrant; Duty of Law Enforcement Officials

Sec. 157.102.  CAPIAS OR WARRANT; DUTY OF LAW ENFORCEMENT OFFICIALS.  Law enforcement officials shall treat a capias or arrest warrant ordered under this chapter in the same manner as an arrest warrant for a criminal offense and shall enter the capias or warrant in the computer records for outstanding warrants maintained by the local police, sheriff, and Department of Public Safety.  The capias or warrant shall be forwarded to and disseminated by the Texas Crime Information Center and the National Crime Information Center.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 702, Sec. 3, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 556, Sec. 16, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 19, eff. September 1, 2007.|
TX Fam Code § 157.103 (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 C. Failure to Appear; Bond or Security|Section 157.103. Capias Fees

Sec. 157.103.  CAPIAS FEES.  (a)  The fee for issuing a capias as provided in this chapter is the same as the fee for issuance of a writ of attachment.(b)  The fee for serving a capias is the same as the fee for service of a writ in civil cases generally.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.|
TX Fam Code § 157.104 (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 C. Failure to Appear; Bond or Security|Section 157.104. Conditional Release

Sec. 157.104.  CONDITIONAL RELEASE.  If the respondent is taken into custody and released on bond, the court shall condition the bond on the respondent's promise to appear in court for a hearing as required by the court without the necessity of further personal service of notice on the respondent.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.|
TX Fam Code § 157.105 (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 C. Failure to Appear; Bond or Security|Section 157.105. Release Hearing

Sec. 157.105.  RELEASE HEARING.  (a)  If the respondent is taken into custody and not released on bond, the respondent shall be brought before the court that issued the capias on or before the third working day after the arrest.  The court shall determine whether the respondent's appearance in court at a designated time and place can be assured by a method other than by posting the bond or security previously established.(a-1)  The court may conduct the release hearing under Subsection (a) through the use of teleconferencing, videoconferencing, or other remote electronic means if the court determines that the method of appearance will facilitate the hearing.(b)  If the respondent is released without posting bond or security, the court shall set a hearing on the alleged contempt at a designated date, time, and place and give the respondent notice of hearing in open court.  No other notice to the respondent is required.(c)  If the court is not satisfied that the respondent's appearance in court can be assured and the respondent remains in custody, a hearing on the alleged contempt shall be held as soon as practicable, but not later than the seventh day after the date that the respondent was taken into custody, unless the respondent and the respondent's attorney waive the accelerated hearing.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 21, eff. September 1, 2007.Acts 2017, 85th Leg., R.S., Ch. 961 (S.B. 1965), Sec. 1, eff. September 1, 2017.|
TX Fam Code § 157.106 (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 C. Failure to Appear; Bond or Security|Section 157.106. Cash Bond as Support

Sec. 157.106.  CASH BOND AS SUPPORT.  (a)  If the respondent has posted a cash bond and is found to be in arrears in the payment of court-ordered child support, the court shall order that the proceeds of the cash bond be paid to the child support obligee or to a person designated by the court, not to exceed the amount of child support arrearages determined to exist.(b)  This section applies without regard to whether the respondent appears at the hearing.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.|
TX Fam Code § 157.107 (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 C. Failure to Appear; Bond or Security|Section 157.107. Appearance Bond or Security Other Than Cash Bond as Support

Sec. 157.107.  APPEARANCE BOND OR SECURITY OTHER THAN CASH BOND AS SUPPORT.  (a)  If the respondent fails to appear at the hearing as directed, the court shall order that the appearance bond or security be forfeited and that the proceeds of any judgment on the bond or security, not to exceed the amount of child support arrearages determined to exist, be paid to the obligee or to a person designated by the court.(b)  The obligee may file suit on the bond.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.|