reglab/statecodes huggingface dataset:
2023 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 157.315. Recording and Indexing Lien

Sec. 157.315.  RECORDING AND INDEXING LIEN.  (a)  On receipt of a child support lien notice, the county clerk shall immediately record the notice in the county judgment records as provided in Chapter 52, Property Code.
(b)  The county clerk may not charge the Title IV-D agency, a domestic relations office, a friend of the court, or any other party a fee for recording the notice of a lien.  To qualify for this exemption, the lien notice must be styled "Notice of Child Support Lien" or be in the form authorized by federal law or regulation.
(c)  The county clerk may not charge the Title IV-D agency, a domestic relations office, or a friend of the court a fee for recording the release of a child support lien.  The lien release must be styled "Release of Child Support Lien."
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 769, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1023, Sec. 23, eff. Sept. 1, 2001.
2023 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 157.316. Perfection of Child Support Lien

Sec. 157.316.  PERFECTION OF CHILD SUPPORT LIEN.  (a)  Except as provided by Subsection (b), a child support lien is perfected when an abstract of judgment for past due child support or a child support lien notice is filed or delivered as provided by Section 157.314.
(b)  If a lien established under this subchapter attaches to a motor vehicle, the lien must be perfected in the manner provided by Chapter 501, Transportation Code, and the court or Title IV-D agency that rendered the order of child support shall include in the order a requirement that the obligor surrender to the court or Title IV-D agency evidence of the legal ownership of the motor vehicle against which the lien may attach.  A lien against a motor vehicle under this subchapter is not perfected until the obligor's title to the vehicle has been surrendered to the court or Title IV-D agency and the Texas Department of Motor Vehicles has issued a subsequent title that discloses on its face the fact that the vehicle is subject to a child support lien 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. 5, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 911, Sec. 23, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1023, Sec. 24, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3C.01, eff. September 1, 2009.
2023 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.
2023 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.
2023 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)  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)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 151 (S.B. 869), Sec. 11, eff. September 1, 2023.
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.
Acts 2023, 88th Leg., R.S., Ch. 151 (S.B. 869), Sec. 9, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 151 (S.B. 869), Sec. 11, eff. September 1, 2023.
2023 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.
2023 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.
2023 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)  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.
(b)  A release of child support lien filed by the Title IV-D agency under this section does not require verification.
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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 5, eff. September 1, 2023.
2023 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.
(c)  A release of child support lien filed by the Title IV-D agency under this section does not require verification.
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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 6, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 157.328. Notice of Levy Sent to Obligor

Sec. 157.328.  NOTICE OF LEVY SENT TO OBLIGOR.  (a)  At the time the notice of levy under Section 157.327 is delivered to a financial institution, the claimant shall serve the obligor with a copy of the notice.
(b)  The notice of levy delivered to the obligor must inform the obligor that:
(1)  the claimant will not proceed with levy if, not later than the 10th day after the date of receipt of the notice, the obligor pays in full the amount of arrearages identified in the notice or otherwise makes arrangements acceptable to the claimant for the payment of the arrearage amounts;  and
(2)  the obligor may contest the levy by filing suit under Section 157.323 not later than the 10th day after the date of receipt of the notice.
(c)  If the claimant is the Title IV-D agency, the obligor receiving a notice of levy may request review by the agency not later than the 10th day after the date of receipt of the notice to resolve any issue in dispute regarding the existence or amount of the arrearages.  The agency shall provide an opportunity for a review, by telephone conference or in person, as appropriate to the circumstances, not later than the fifth business day after the date an oral or written request from the obligor for the review is received.  If the review fails to resolve any issue in dispute, the obligor may file suit under Section 157.323 for a hearing by the court not later than the fifth day after the date of the conclusion of the agency review.  If the obligor fails to timely file suit, the Title IV-D agency may request the financial institution to release and remit the funds subject to levy.
(d)  The notice under this section may be delivered to the last known address of the obligor by first class mail, certified mail, or registered mail.
Added by Acts 2001, 77th Leg., ch. 1023, Sec. 34, eff. Sept. 1, 2001.
2023 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 157.329. No Liability for Compliance With Notice of Levy

Sec. 157.329.  NO LIABILITY FOR COMPLIANCE WITH NOTICE OF LEVY.  A financial institution that possesses or has a right to an obligor's assets for which a notice of levy has been delivered and that surrenders the assets or right to assets to a child support lien claimant is not liable to the obligor or any other person for the property or rights surrendered.
Added by Acts 2001, 77th Leg., ch. 1023, Sec. 34, eff. Sept. 1, 2001.
2023 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 157.330. Failure to Comply With Notice of Levy

Sec. 157.330.  FAILURE TO COMPLY WITH NOTICE OF LEVY.  (a)  A person who possesses or has a right to property that is the subject of a notice of levy delivered to the person and who refuses to surrender the property or right to property to the claimant on demand is liable to the claimant in an amount equal to the value of the property or right to property not surrendered but that does not exceed the amount of the child support arrearages for which the notice of levy has been filed.
(b)  A claimant may recover costs and reasonable attorney's fees incurred in an action under this section.
Added by Acts 2001, 77th Leg., ch. 1023, Sec. 34, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 32, eff. September 1, 2007.
2023 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 157.331. Additional Levy to Satisfy Arrearages

Sec. 157.331.  ADDITIONAL LEVY TO SATISFY ARREARAGES.  If the property or right to property on which a notice of levy has been filed does not produce money sufficient to satisfy the amount of child support arrearages identified in the notice of levy, the claimant may proceed to levy on other property of the obligor until the total amount of child support due is paid.
Added by Acts 2001, 77th Leg., ch. 1023, Sec. 34, eff. Sept. 1, 2001.
2023 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 H. Habeas Corpus › Section 157.371. Jurisdiction

Sec. 157.371.  JURISDICTION.  (a)  The relator may file a petition for a writ of habeas corpus in either the court of continuing, exclusive jurisdiction or in a court with jurisdiction to issue a writ of habeas corpus in the county in which the child is found.
(b)  Although a habeas corpus proceeding is not a suit affecting the parent-child relationship, the court may refer to the provisions of this title for definitions and procedures as appropriate.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 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 H. Habeas Corpus › Section 157.372. Return of Child

Sec. 157.372.  RETURN OF CHILD.  (a)  Subject to Chapter 152 and the Parental Kidnapping Prevention Act (28 U.S.C. Section 1738A), if the right to possession of a child is governed by a court order, the court in a habeas corpus proceeding involving the right to possession of the child shall compel return of the child to the relator only if the court finds that the relator is entitled to possession under the order.
(b)  If the court finds that the previous order was granted by a court that did not give the contestants reasonable notice of the proceeding and an opportunity to be heard, the court may not render an order in the habeas corpus proceeding compelling return of the child on the basis of that order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 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 H. Habeas Corpus › Section 157.373. Relator Relinquished Possession; Temporary Orders

Sec. 157.373.  RELATOR RELINQUISHED POSSESSION;  TEMPORARY ORDERS.  (a)  If the relator has by consent or acquiescence relinquished actual possession and control of the child for not less than 6 months preceding the date of the filing of the petition for the writ, the court may either compel or refuse to order return of the child.
(b)  The court may disregard brief periods of possession and control by the relator during the 6-month period.
(c)  In a suit in which the court does not compel return of the child, the court may issue temporary orders under Chapter 105 if a suit affecting the parent-child relationship is pending and the parties have received notice of a hearing on temporary orders set for the same time as the habeas corpus proceeding.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 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 H. Habeas Corpus › Section 157.374. Welfare of Child

Sec. 157.374.  WELFARE OF CHILD.  Notwithstanding any other provision of this subchapter, the court may render an appropriate temporary order if there is a serious immediate question concerning the welfare of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 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 H. Habeas Corpus › Section 157.375. Immunity to Civil Process

Sec. 157.375.  IMMUNITY TO CIVIL PROCESS.  (a)  While in this state for the sole purpose of compelling the return of a child through a habeas corpus proceeding, the relator is not amenable to civil process and is not subject to the jurisdiction of any civil court except the court in which the writ is pending.  The relator is subject to process and jurisdiction in that court only for the purpose of prosecuting the writ.
(b)  A request by the relator for costs, attorney's fees, and necessary travel and other expenses under Chapter 106 or 152 is not a waiver of immunity to civil process.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 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 H. Habeas Corpus › Section 157.376. No Existing Order

Sec. 157.376.  NO EXISTING ORDER.  (a)  If the right to possession of a child is not governed by an order, the court in a habeas corpus proceeding involving the right of possession of the child:
(1)  shall compel return of the child to the parent if the right of possession is between a parent and a nonparent and a suit affecting the parent-child relationship has not been filed;  or
(2)  may either compel return of the child or issue temporary orders under Chapter 105 if a suit affecting the parent-child relationship is pending and the parties have received notice of a hearing on temporary orders set for the same time as the habeas corpus proceeding.
(b)  The court may not use a habeas corpus proceeding to adjudicate the right of possession of a child between two parents or between two or more nonparents.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 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 I. Clarification of Orders › Section 157.421. Clarifying Nonspecific Order

Sec. 157.421.  CLARIFYING NONSPECIFIC ORDER.  (a)  A court may clarify an order rendered by the court in a proceeding under this title if the court finds, on the motion of a party or on the court's own motion, that the order is not specific enough to be enforced by contempt.
(b)  The court shall clarify the order by rendering an order that is specific enough to be enforced by contempt.
(c)  A clarified order does not affect the finality of the order that it clarifies.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 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 I. Clarification of Orders › Section 157.422. Procedure

Sec. 157.422.  PROCEDURE.  (a)  The procedure for filing a motion for enforcement of a final order applies to a motion for clarification.
(b)  A person is not entitled to a jury in a proceeding under this subchapter.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 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 I. Clarification of Orders › Section 157.423. Substantive Change Not Enforceable

Sec. 157.423.  SUBSTANTIVE CHANGE NOT ENFORCEABLE.  (a)  A court may not change the substantive provisions of an order to be clarified under this subchapter.
(b)  A substantive change made by a clarification order is not enforceable.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 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 I. Clarification of Orders › Section 157.424. Relation to Motion for Contempt

Sec. 157.424.  RELATION TO MOTION FOR CONTEMPT.  The court may render a clarification order before a motion for contempt is made or heard, in conjunction with a motion for contempt, or after the denial of a motion for contempt.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 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 I. Clarification of Orders › Section 157.425. Order Not Retroactive

Sec. 157.425.  ORDER NOT RETROACTIVE.  The court may not provide that a clarification order is retroactive for the purpose of enforcement by contempt.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 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 I. Clarification of Orders › Section 157.426. Time Allowed to Comply

Sec. 157.426.  TIME ALLOWED TO COMPLY.  (a)  In a clarification order, the court shall provide a reasonable time for compliance.
(b)  The clarification order may be enforced by contempt after the time for compliance has expired.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 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 J. Child Support Qualified Domestic Relations Order › Section 157.501. Jurisdiction for Qualified Domestic Relations Order

Sec. 157.501.  JURISDICTION FOR QUALIFIED DOMESTIC RELATIONS ORDER.  (a)  The court that rendered an order for the payment of child support, or the court that obtains jurisdiction to enforce a child support order under Chapter 159, has continuing jurisdiction to render enforceable qualified domestic relations orders or similar orders permitting payment of pension, retirement plan, or other employee benefits to an alternate payee or other lawful payee to satisfy support amounts due under the child support order. A child support order includes a temporary or final order for child support, medical support, or dental support and arrears and interest with respect to that order.
(b)  Unless prohibited by federal law, a suit seeking a qualified domestic relations order or similar order under this subchapter applies to a pension, retirement plan, or other employee benefit, regardless of whether the pension, retirement plan, or other employee benefit:
(1)  is private, state, or federal;
(2)  is subject to another qualified domestic relations order or similar order;
(3)  is property that is the subject of a pending proceeding for dissolution of a marriage;
(4)  is property disposed of in a previous decree for dissolution of a marriage; or
(5)  is the subject of an agreement under Chapter 4.
(c)  A court described by Subsection (a) retains jurisdiction to render a qualified domestic relations order or similar order under this subchapter until all support due under the child support order, including arrearages and interest, has been paid.
Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 5, eff. September 1, 2021.
2023 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 J. Child Support Qualified Domestic Relations Order › Section 157.502. Procedure

Sec. 157.502.  PROCEDURE.  (a)  A party to a child support order, or the Title IV-D agency in a Title IV-D case, may petition the court for a qualified domestic relations order or similar order in an original suit or in an action for child support enforcement under this chapter.
(b)  Each party whose rights may be affected by the petition is entitled to receive notice under Subchapter B.
Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 5, eff. September 1, 2021.
2023 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 J. Child Support Qualified Domestic Relations Order › Section 157.503. Temporary Orders

Sec. 157.503.  TEMPORARY ORDERS.  (a)  While a suit for a qualified domestic relations order or similar order is pending or during an appeal of an enforcement order, and on the motion of a party or on the court's own motion after notice and hearing, the court may render an appropriate order, including the granting of a temporary restraining order and temporary injunction, for the preservation of the pension, retirement plan, or other employee benefits and protection of the parties as the court considers necessary.
(b)  An order under this section is not subject to interlocutory appeal.
Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 5, eff. September 1, 2021.
2023 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 J. Child Support Qualified Domestic Relations Order › Section 157.504. Defective Prior Domestic Relations Order

Sec. 157.504.  DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER.  If a plan administrator or other person acting in an equivalent capacity determines that a domestic relations order does not satisfy the requirements of a qualified domestic relations order or similar order, the court retains continuing jurisdiction over the parties to the extent necessary to render a qualified domestic relations order.
Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 5, eff. September 1, 2021.
2023 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 J. Child Support Qualified Domestic Relations Order › Section 157.505. Amendment of Qualified Domestic Relations Order

Sec. 157.505.  AMENDMENT OF QUALIFIED DOMESTIC RELATIONS ORDER.  (a)  A court that renders a qualified domestic relations order or similar order retains continuing jurisdiction:
(1)  to amend the order to correct the order, clarify the terms of the order, or add language to the order to provide for the collection of child support;
(2)  to convert the amount or frequency of payments under the order to a formula that is in compliance with the terms of the pension, retirement plan, or employee benefit plan; or
(3)  to vacate or terminate the order.
(b)  An amended domestic relations order or similar order under this section must be submitted to the plan administrator or other person acting in an equivalent capacity to determine whether the amended order satisfies the requirements of a qualified domestic relations order or similar order. Section 157.504 applies to an order amended under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 5, eff. September 1, 2021.
2023 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 J. Child Support Qualified Domestic Relations Order › Section 157.506. Liberal Construction

Sec. 157.506.  LIBERAL CONSTRUCTION.  The court shall liberally construe this subchapter to effect payment of pension, retirement plan, or other employee benefits for the satisfaction of the obligor's child support obligation.
Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 5, eff. September 1, 2021.
2023 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 J. Child Support Qualified Domestic Relations Order › Section 157.507. Attorney's Fees and Costs

Sec. 157.507.  ATTORNEY'S FEES AND COSTS.  (a)  In a proceeding under this subchapter, the court may order the obligor to pay reasonable attorney's fees incurred by a party to obtain the order, all court costs, and all fees charged by a plan administrator for the qualified domestic relations order or similar order.
(b)  Fees and costs ordered under this section may be enforced by any means available for the enforcement of child support, including contempt.
Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 5, eff. September 1, 2021.
2023 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 J. Child Support Qualified Domestic Relations Order › Section 157.508. Conflicts With Other Law

Sec. 157.508.  CONFLICTS WITH OTHER LAW.  (a)  To the extent of a conflict between this subchapter and Chapter 804, Government Code, Chapter 804, Government Code, prevails.
(b)  To the extent of a conflict between this subchapter and federal law, the federal law prevails.
Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 5, eff. September 1, 2021.
2023 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 K. Local Regulation and Enforcement › Section 157.551. Civil Penalty for Interference With Child Custody Order

Sec. 157.551.  CIVIL PENALTY FOR INTERFERENCE WITH CHILD CUSTODY ORDER.  A municipality or county in this state may adopt an ordinance or order that imposes a civil penalty of not more than $500 for engaging in conduct described by Section 25.03, Penal Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 810 (H.B. 969), Sec. 1, eff. September 1, 2023.