reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 232 - Suspension of License › Section 232.008. Order Suspending License for Failure to Pay Child Support

Sec. 232.008.  ORDER SUSPENDING LICENSE FOR FAILURE TO PAY CHILD SUPPORT.  (a)  On making the findings required by Section 232.003, the court or Title IV-D agency shall render an order suspending the license unless the individual:
(1)  proves that all arrearages and the current month's support have been paid;
(2)  shows good cause for failure to comply with the subpoena or the terms of the court order providing for the possession of or access to a child;  or
(3)  establishes an affirmative defense as provided by Section 157.008(c).
(b)  Subject to Subsection (b-1), the court or Title IV-D agency may stay an order suspending a license conditioned on the individual's compliance with:
(1)  a reasonable repayment schedule that is incorporated in the order;
(2)  the requirements of a reissued and delivered subpoena; or
(3)  the requirements of any court order pertaining to the possession of or access to a child.
(b-1)  The court or Title IV-D agency may not stay an order under Subsection (b)(1) unless the individual makes an immediate partial payment in an amount specified by the court or Title IV-D agency.  The amount specified may not be less than $200.
(c)  An order suspending a license with a stay of the suspension may not be served on the licensing authority unless the stay is revoked as provided by this chapter.
(d)  A final order suspending license rendered by a court or the Title IV-D agency shall be forwarded to the appropriate licensing authority by the clerk of the court or Title IV-D agency.  The clerk shall collect from an obligor a fee of $5 for each order mailed.
(e)  If the court or Title IV-D agency renders an order suspending license, the individual may also be ordered not to engage in the licensed activity.
(f)  If the court or Title IV-D agency finds that the petition for suspension should be denied, the petition shall be dismissed without prejudice, and an order suspending license may not be rendered.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 88, eff;  Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 976, Sec. 8, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 556, Sec. 61, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 724, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 674 (H.B. 1846), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 232 - Suspension of License › Section 232.009. Default Order

Sec. 232.009.  DEFAULT ORDER.  The court or Title IV-D agency shall consider the allegations of the petition for suspension to be admitted and shall render an order suspending the license of an obligor without the requirement of a hearing if the court or Title IV-D agency determines that the individual failed to respond to a notice issued under Section 232.006 by:
(1)  requesting a hearing;  or
(2)  appearing at a scheduled hearing.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 420, Sec. 25, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 911, Sec. 89, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1023, Sec. 61, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 232 - Suspension of License › Section 232.010. Review of Final Administrative Order

Sec. 232.010.  REVIEW OF FINAL ADMINISTRATIVE ORDER.  An order issued by a Title IV-D agency under this chapter is a final agency decision and is subject to review under the substantial evidence rule as provided by Chapter 2001, Government Code.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 232 - Suspension of License › Section 232.011. Action by Licensing Authority

Sec. 232.011.  ACTION BY LICENSING AUTHORITY.  (a)  On receipt of a final order suspending license, the licensing authority shall immediately determine if the authority has issued a license to the individual named on the order and, if a license has been issued:
(1)  record the suspension of the license in the licensing authority's records;
(2)  report the suspension as appropriate;  and
(3)  demand surrender of the suspended license if required by law for other cases in which a license is suspended.
(b)  A licensing authority shall implement the terms of a final order suspending license without additional review or hearing.  The authority may provide notice as appropriate to the license holder or to others concerned with the license.
(c)  A licensing authority may not modify, remand, reverse, vacate, or stay an order suspending license issued under this chapter and may not review, vacate, or reconsider the terms of a final order suspending license.
(d)  An individual who is the subject of a final order suspending license is not entitled to a refund for any fee or deposit paid to the licensing authority.
(e)  An individual who continues to engage in the business, occupation, profession, or other licensed activity after the implementation of the order suspending license by the licensing authority is liable for the same civil and criminal penalties provided for engaging in the licensed activity without a license or while a license is suspended that apply to any other license holder of that licensing authority.
(f)  A licensing authority is exempt from liability to a license holder for any act authorized under this chapter performed by the authority.
(g)  Except as provided by this chapter, an order suspending license or dismissing a petition for the suspension of a license does not affect the power of a licensing authority to grant, deny, suspend, revoke, terminate, or renew a license.
(h)  The denial or suspension of a driver's license under this chapter is governed by this chapter and not by the general licensing provisions of Chapter 521, Transportation Code.
(i)  An order issued under this chapter to suspend a license applies to each license issued by the licensing authority subject to the order for which the obligor is eligible.  The licensing authority may not issue or renew any other license for the obligor until the court or the Title IV-D agency renders an order vacating or staying an order suspending license.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.184, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 911, Sec. 90, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1023, Sec. 62, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 232 - Suspension of License › Section 232.012. Motion to Revoke Stay

Sec. 232.012.  MOTION TO REVOKE STAY.  (a)  The obligee, support enforcement agency, court, or Title IV-D agency may file a motion to revoke the stay of an order suspending license if the individual who is subject of an order suspending license does not comply with:
(1)  the terms of a reasonable repayment plan entered into by the individual;
(2)  the requirements of a reissued subpoena;  or
(3)  the terms of any court order pertaining to the possession of or access to a child.
(b)  Notice to the individual of a motion to revoke stay under this section may be given by personal service or by mail to the address provided by the individual, if any, in the order suspending license.  The notice must include a notice of hearing.  The notice must be provided to the individual not less than 10 days before the date of the hearing.
(c)  A motion to revoke stay must allege the manner in which the individual failed to comply with the repayment plan, the reissued subpoena, or the court order pertaining to possession of or access to a child.
(d)  If the court or Title IV-D agency finds that the individual is not in compliance with the terms of the repayment plan, reissued subpoena, or court order pertaining to possession of or access to a child, the court or agency shall revoke the stay of the order suspending license and render a final order suspending license.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 91, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 724, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 232 - Suspension of License › Section 232.013. Vacating or Staying Order Suspending License

Sec. 232.013.  VACATING OR STAYING ORDER SUSPENDING LICENSE.  (a)  The court or Title IV-D agency may render an order vacating or staying an order suspending an individual's license if:
(1)  the individual has:
(A)  paid all delinquent child support or has established a satisfactory payment record;
(B)  complied with the requirements of a reissued subpoena;  or
(C)  complied with the terms of any court order providing for the possession of or access to a child;  or
(2)  the court or Title IV-D agency determines that good cause exists for vacating or staying the order.
(b)  The clerk of the court or Title IV-D agency shall promptly deliver an order vacating or staying an order suspending license to the appropriate licensing authority.  The clerk shall collect from an obligor a fee of $5 for each order mailed.
(c)  On receipt of an order vacating or staying an order suspending license, the licensing authority shall promptly issue the affected license to the individual if the individual is otherwise qualified for the license.
(d)  An order rendered under this section does not affect the right of the child support agency or obligee to any other remedy provided by law, including the right to seek relief under this chapter.  An order rendered under this section does not affect the power of a licensing authority to grant, deny, suspend, revoke, terminate, or renew a license as otherwise provided by law.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 92, eff;  Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 976, Sec. 9, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 724, Sec. 6, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 610, Sec. 16, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 232 - Suspension of License › Section 232.014. Fee by Licensing Authority

Sec. 232.014.  FEE BY LICENSING AUTHORITY.  (a)  A licensing authority may charge a fee to an individual who is the subject of an order suspending license or of an action of a child support agency under Section 232.0135 to deny issuance or renewal of license in an amount sufficient to recover the administrative costs incurred by the authority under this chapter.
(b)  A fee collected by the Texas Department of Motor Vehicles shall be deposited to the credit of the Texas Department of Motor Vehicles fund.  A fee collected by the Department of Public Safety shall be deposited to the credit of the state highway fund.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 93, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 56, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3C.03, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 17, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1287 (H.B. 2202), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 232 - Suspension of License › Section 232.015. Cooperation Between Licensing Authorities and Title Iv-D Agency

Sec. 232.015.  COOPERATION BETWEEN LICENSING AUTHORITIES AND TITLE IV-D AGENCY.  (a)  The Title IV-D agency may request from each licensing authority the name, address, social security number, license renewal date, and other identifying information for each individual who holds, applies for, or renews a license issued by the authority.
(b)  A licensing authority shall provide the requested information in the form and manner identified by the Title IV-D agency.
(c)  The Title IV-D agency may enter into a cooperative agreement with a licensing authority to administer this chapter in a cost-effective manner.
(d)  The Title IV-D agency may adopt a reasonable implementation schedule for the requirements of this section.
(e)  The Title IV-D agency, the comptroller, and the Texas Alcoholic Beverage Commission shall by rule specify additional prerequisites for the suspension of licenses relating to state taxes collected under Title 2, Tax Code.  The joint rules must be adopted not later than March 1, 1996.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 63, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 232 - Suspension of License › Section 232.016. Rules, Forms, and Procedures

Sec. 232.016.  RULES, FORMS, AND PROCEDURES.  The Title IV-D agency by rule shall prescribe forms and procedures for the implementation of this chapter.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.
2023 Texas Statutes › 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 › Section 233.001. Purpose

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, medical support, and dental 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 48, eff. September 1, 2018.
2023 Texas Statutes › 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 › Section 233.002. Agreements Encouraged

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.
2023 Texas Statutes › 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 › Section 233.003. Bilingual Forms Required

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.
2023 Texas Statutes › 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 › Section 233.004. Interpreter Required

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.
2023 Texas Statutes › 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 › Section 233.005. Initiating Administrative Actions

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.
2023 Texas Statutes › 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 › Section 233.006. Contents of Notice of Child Support Review

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.
2023 Texas Statutes › 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 › Section 233.007. Service of Notice

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.
2023 Texas Statutes › 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 › Section 233.008. Administrative Subpoena in Child Support Review

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.
2023 Texas Statutes › 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 › Section 233.009. Notice of Proposed Child Support Review Order; Negotiation Conference

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; or
(C)  the amount of monthly support or arrearage is incorrectly 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, medical support, and dental support for the child as provided by Chapter 154 according to the information available to the agency.
(c)  The Title IV-D agency may schedule a negotiation conference 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 49, eff. September 1, 2018.
2023 Texas Statutes › 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 › Section 233.0095. Notice of Proposed Child Support Review Order in Cases of Acknowledged Paternity

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, medical support, and dental support for the child as provided by Chapter 154 according to the information available to the agency.
(c)  The Title IV-D agency may schedule a negotiation conference 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 50, eff. September 1, 2018.
2023 Texas Statutes › 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 › Section 233.010. Notice of Negotiation Conference; Failure to Attend Conference

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.
2023 Texas Statutes › 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 › Section 233.011. Rescheduling Negotiation Conference; Notice Required

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.
2023 Texas Statutes › 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 › Section 233.012. Information Required to Be Provided at Negotiation Conference

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 file a request for a court hearing on a nonagreed order not later than the 20th day after the date a copy of the petition for confirmation of the order is delivered to the party; and
(6)  a party may file a motion for a new trial not later than 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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 18, eff. September 1, 2011.
2023 Texas Statutes › 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 › Section 233.013. Determining Support Amount; Modification

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.  In determining the appropriate amount of child support, the agency may consider evidence of the factors a court is required to consider under Section 154.123(b), and, if the agency deviates from the guidelines in determining the amount of monthly child support, with or without the agreement of the parties, the child support review order must include the findings required to be made by a court under Section 154.130(b).
(b)  If grounds exist for modification of a child support order under Subchapter E, Chapter 156, the Title IV-D agency may 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.
(c)  Notwithstanding Subsection (b), the Title IV-D agency may, at any time and without a showing of material and substantial change in the circumstances of the parties, file a child support review order that has the effect of modifying an existing order for child support to provide medical support or dental support for a child if the existing order does not provide health care coverage for the child as required under Section 154.182 or dental care coverage for the child as required under Section 154.1825.
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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 19, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 742 (S.B. 355), Sec. 12, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 963 (S.B. 1727), Sec. 5, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 51, eff. September 1, 2018.
2023 Texas Statutes › 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 › Section 233.014. Record of Proceedings

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.
2023 Texas Statutes › 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 › Section 233.015. Issuance of Child Support Review Order or Finding That No Order Should Be Issued; Effect

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.
(c)  A determination that a child support order should not be 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.
2023 Texas Statutes › 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 › Section 233.0155. Issuance and Enforcement of Child Support Review Order Containing Determination of Arrearages; Time Limitation Not Applicable

Sec. 233.0155.  ISSUANCE AND ENFORCEMENT OF CHILD SUPPORT REVIEW ORDER CONTAINING DETERMINATION OF ARREARAGES; TIME LIMITATION NOT APPLICABLE.  The Title IV-D agency's authority to issue and enforce a child support review order containing a determination of arrearages is not subject to the time limitation prescribed by Section 157.005(b) on the court's jurisdiction to confirm the amount of and render cumulative money judgments for arrearages.
Added by Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 16, eff. September 1, 2023.
2023 Texas Statutes › 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 › Section 233.016. Vacating Child Support Review Order

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.
2023 Texas Statutes › 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 › Section 233.017. Contents of Child Support Review Order

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, dental 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.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 508, Sec. 25, eff. September 1, 2011.
(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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 25, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 52, eff. September 1, 2018.
2023 Texas Statutes › 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 › Section 233.018. Additional Contents of Agreed Child Support Review Order

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.
(c)  A party may sign a waiver under this section using a digitized signature.
(d)  A waiver under this section must be:
(1)  sworn before a notary public; or
(2)  executed using an unsworn declaration under Section 132.001, Civil Practice and Remedies Code.
(e)  Notwithstanding Subsection (a)(2) or Section 132.001(d), Civil Practice and Remedies Code, the address of a party shall be omitted from the child support review order and any waiver signed under this section if:
(1)  the court has previously made a finding and ordered nondisclosure under Section 105.006(c) relating to the parties and the order has not been superseded; or
(2)  the child support review order contains an agreed finding and order under Section 105.006(c).
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.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 175 (S.B. 285), Sec. 5, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 17, eff. September 1, 2023.
2023 Texas Statutes › 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 › Section 233.019. Filing of Agreed Review Order

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.
(c)  If applicable, an acknowledgment of paternity or a written 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.
(e)  If a party timely files a motion for a new trial for reconsideration of an agreed review order and the court grants the motion, the agreed review order filed with the clerk constitutes a sufficient pleading by the Title IV-D agency for relief on any issue addressed in the 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. 231.419 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 (S.B. 228), Sec. 57, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 742 (S.B. 355), Sec. 13, eff. September 1, 2013.
2023 Texas Statutes › 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 › Section 233.020. Contents of Petition for Confirmation of Nonagreed Order

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 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 18, eff. September 1, 2023.