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 C. Failure to Appear; Bond or Security › Section 157.103. Capias Fees

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

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

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

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

Sec. 157.107.  APPEARANCE BOND OR SECURITY OTHER THAN CASH BOND AS SUPPORT.  (a)  If the respondent fails to appear at the hearing as directed, the court shall order that the appearance bond or security be forfeited and that the proceeds of any judgment on the bond or security, not to exceed the amount of child support arrearages determined to exist, be paid to the obligee or to a person designated by the court.
(b)  The obligee may file suit on the bond.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
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 C. Failure to Appear; Bond or Security › Section 157.108. Cash Bond as Property of Respondent

Sec. 157.108.  CASH BOND AS PROPERTY OF RESPONDENT.  A court shall treat a cash bond posted for the benefit of the respondent as the property of the respondent.  A person who posts the cash bond does not have recourse in relation to an order regarding the bond other than against the respondent.
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 C. Failure to Appear; Bond or Security › Section 157.109. Security for Compliance With Order

Sec. 157.109.  SECURITY FOR COMPLIANCE WITH ORDER.  (a)  The court may order the respondent to execute a bond or post security if the court finds that the respondent:
(1)  has on two or more occasions denied possession of or access to a child who is the subject of the order;  or
(2)  is employed by an employer not subject to the jurisdiction of the court or for whom income withholding is unworkable or inappropriate.
(b)  The court shall set the amount of the bond or security and condition the bond or security on compliance with the court order permitting possession or access or the payment of past-due or future child support.
(c)  The court shall order the bond or security payable through the registry of the court:
(1)  to the obligee or other person or entity entitled to receive child support payments designated by the court if enforcement of child support is requested;  or
(2)  to the person who is entitled to possession or access if enforcement of possession or access is requested.
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 C. Failure to Appear; Bond or Security › Section 157.110. Forfeiture of Security for Failure to Comply With Order

Sec. 157.110.  FORFEITURE OF SECURITY FOR FAILURE TO COMPLY WITH ORDER.  (a)  On the motion of a person or entity for whose benefit a bond has been executed or security deposited, the court may forfeit all or part of the bond or security deposit on a finding that the person who furnished the bond or security:
(1)  has violated the court order for possession of and access to a child;  or
(2)  failed to make child support payments.
(b)  The court shall order the registry to pay the funds from a forfeited bond or security deposit to the obligee or person or entity entitled to receive child support payments in an amount that does not exceed the child support arrearages or, in the case of possession of or access to a child, to the person entitled to possession or access.
(c)  The court may order that all or part of the forfeited amount be applied to pay attorney's fees and costs incurred by the person or entity bringing the motion for contempt or motion for forfeiture.
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 C. Failure to Appear; Bond or Security › Section 157.111. Forfeiture Not Defense to Contempt

Sec. 157.111.  FORFEITURE NOT DEFENSE TO CONTEMPT.  The forfeiture of bond or security is not a defense in a contempt 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 C. Failure to Appear; Bond or Security › Section 157.112. Joinder of Forfeiture and Contempt Proceedings

Sec. 157.112.  JOINDER OF FORFEITURE AND CONTEMPT PROCEEDINGS.  A motion for enforcement requesting contempt may be joined with a forfeiture 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 C. Failure to Appear; Bond or Security › Section 157.113. Application of Bond Pending Writ

Sec. 157.113.  APPLICATION OF BOND PENDING WRIT.  If the obligor requests to execute a bond or to post security pending a hearing by an appellate court on a writ, the bond or security on forfeiture shall be payable to the obligee.
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 C. Failure to Appear; Bond or Security › Section 157.114. Failure to Appear

Sec. 157.114.  FAILURE TO APPEAR.  The court may order a capias to be issued for the arrest of the respondent if:
(1)  the motion for enforcement requests contempt;
(2)  the respondent was personally served;  and
(3)  the respondent fails to appear.
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 C. Failure to Appear; Bond or Security › Section 157.115. Default Judgment

Sec. 157.115.  DEFAULT JUDGMENT.  (a)  The court may render a default order for the relief requested if the respondent:
(1)  has been personally served, has filed an answer, or has entered an appearance;  and
(2)  does not appear at the designated time, place, and date to respond to the motion.
(b)  If the respondent fails to appear, the court may not hold the respondent in contempt but may order a capias to be issued.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 51, eff. Sept. 1, 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 D. Hearing and Enforcement Order › Section 157.161. Record

Sec. 157.161.  RECORD.  (a)  Except as provided by Subsection (b), a record of the hearing in a motion for enforcement shall be made by a court reporter or as provided by Chapter 201.
(b)  A record is not required if:
(1)  the parties agree to an order;  or
(2)  the motion does not request incarceration and the parties waive the requirement of a record at the time of hearing, either in writing or in open court, and the court approves waiver.
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 D. Hearing and Enforcement Order › Section 157.162. Proof

Sec. 157.162.  PROOF.  (a)  The movant is not required to prove that the underlying order is enforceable by contempt to obtain other appropriate enforcement remedies.
(b)  A finding that the respondent is not in contempt does not preclude the court from awarding the petitioner court costs and reasonable attorney's fees or ordering any other enforcement remedy, including rendering a money judgment, posting a bond or other security, or withholding income.
(c)  The movant may attach to the motion a copy of a payment record.  The movant may subsequently update that payment record at the hearing.  If a payment record was attached to the motion as authorized by this subsection, the payment record, as updated if applicable, is admissible to prove:
(1)  the dates and in what amounts payments were made;
(2)  the amount of any accrued interest;
(3)  the cumulative arrearage over time; and
(4)  the cumulative arrearage as of the final date of the record.
(c-1)  A respondent may offer evidence controverting the contents of a payment record under Subsection (c).
(d)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 649, Sec. 2, eff. June 14, 2013.
(e)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 649, Sec. 2, eff. June 14, 2013.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1189 (H.B. 779), Sec. 1, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 15, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 4, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 649 (H.B. 847), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 649 (H.B. 847), Sec. 2, eff. June 14, 2013.
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 D. Hearing and Enforcement Order › Section 157.163. Appointment of Attorney

Sec. 157.163.  APPOINTMENT OF ATTORNEY.  (a)  In a motion for enforcement or motion to revoke community service, the court must first determine whether incarceration of the respondent is a possible result of the proceedings.
(b)  If the court determines that incarceration is a possible result of the proceedings, the court shall inform a respondent not represented by an attorney of the right to be represented by an attorney and, if the respondent is indigent, of the right to the appointment of an attorney.
(c)  If the court determines that the respondent will not be incarcerated as a result of the proceedings, the court may require a respondent who is indigent to proceed without an attorney.
(d)  If the respondent claims indigency and requests the appointment of an attorney, the court shall require the respondent to file an affidavit of indigency.  The court may hear evidence to determine the issue of indigency.
(d-1)  The court may conduct a hearing on the issue of indigency through the use of teleconferencing, videoconferencing, or other remote electronic means if the court determines that conducting the hearing in that manner will facilitate the hearing.
(e)  Except as provided by Subsection (c), the court shall appoint an attorney to represent the respondent if the court determines that the respondent is indigent.
(f)  If the respondent is not in custody, an appointed attorney is entitled to not less than 10 days from the date of the attorney's appointment to respond to the movant's pleadings and prepare for the hearing.
(g)  If the respondent is in custody, an appointed attorney is entitled to not less than five days from the date the respondent was taken into custody to respond to the movant's pleadings and prepare for the hearing.
(h)  The court may shorten or extend the time for preparation if the respondent and the respondent's attorney sign a waiver of the time limit.
(i)  The scope of the court appointment of an attorney to represent the respondent is limited to the allegation of contempt or of violation of community supervision contained in the motion for enforcement or motion to revoke community supervision.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 961 (S.B. 1965), Sec. 2, 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 D. Hearing and Enforcement Order › Section 157.164. Payment of Appointed Attorney

Sec. 157.164.  PAYMENT OF APPOINTED ATTORNEY.  (a)  An attorney appointed to represent an indigent respondent is entitled to a reasonable fee for services within the scope of the appointment in the amount set by the court.
(b)  The fee shall be paid from the general funds of the county according to the schedule for the compensation of counsel appointed to defend criminal defendants as provided in the Code of Criminal Procedure.
(c)  For purposes of this section, a proceeding in a court of appeals or the Supreme Court of Texas is considered the equivalent of a bona fide appeal to the Texas Court of Criminal Appeals.
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 D. Hearing and Enforcement Order › Section 157.165. Probation of Contempt Order

Sec. 157.165.  PROBATION OF CONTEMPT ORDER.  The court may place the respondent on community supervision and suspend commitment if the court finds that the respondent is in contempt of court for failure or refusal to obey an order rendered as provided in this title.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.25, eff. Sept. 1, 1999.
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 D. Hearing and Enforcement Order › Section 157.166. Contents of Enforcement Order

Sec. 157.166.  CONTENTS OF ENFORCEMENT ORDER.  (a)  An enforcement order must include:
(1)  in ordinary and concise language the provisions of the order for which enforcement was requested;
(2)  the acts or omissions that are the subject of the order;
(3)  the manner of the respondent's noncompliance;  and
(4)  the relief granted by the court.
(b)  If the order imposes incarceration or a fine for criminal contempt, an enforcement order must contain findings identifying, setting out, or incorporating by reference the provisions of the order for which enforcement was requested and the date of each occasion when the respondent's failure to comply with the order was found to constitute criminal contempt.
(c)  If the enforcement order imposes incarceration for civil contempt, the order must state the specific conditions on which the respondent may be released from confinement.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 556, Sec. 17, eff. Sept. 1, 1999.
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 D. Hearing and Enforcement Order › Section 157.167. Respondent to Pay Attorney's Fees and Costs

Sec. 157.167.  RESPONDENT TO PAY ATTORNEY'S FEES AND COSTS.  (a)  If the court finds that the respondent has failed to make child support payments, the court shall order the respondent to pay the movant's reasonable attorney's fees and all court costs in addition to the arrearages.  Fees and costs ordered under this subsection may be enforced by any means available for the enforcement of child support, including contempt.
(b)  If the court finds that the respondent has failed to comply with the terms of an order providing for the possession of or access to a child, the court shall order the respondent to pay the movant's reasonable attorney's fees and all court costs in addition to any other remedy.  If the court finds that the enforcement of the order with which the respondent failed to comply was necessary  to ensure the child's physical or emotional health or welfare, the fees and costs ordered under this subsection may be enforced by any means available for the enforcement of child support, including contempt, but not including income withholding.
(c)  Except as provided by Subsection (d), for good cause shown, the court may waive the requirement that the respondent pay attorney's fees and costs if the court states the reasons supporting that finding.
(d)  If the court finds that the respondent is in contempt of court for failure or refusal to pay child support and that the respondent owes $20,000 or more in child support arrearages, the court may not waive the requirement that the respondent pay attorney's fees and costs unless the court also finds that the respondent:
(1)  is involuntarily unemployed or is disabled; and
(2)  lacks the financial resources to pay the attorney's fees and costs.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 556, Sec. 18, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 477, Sec. 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1262, Sec. 1, eff. Sept. 1, 2003.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 253 (H.B. 1174), Sec. 1, eff. September 1, 2005.
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 D. Hearing and Enforcement Order › Section 157.168. Additional Periods of Possession or Access

Sec. 157.168.  ADDITIONAL PERIODS OF POSSESSION OR ACCESS.  (a) Except as provided in Subsection (a-1), a court may order additional periods of possession of or access to a child to compensate for the denial of court-ordered possession or access.
(a-1)  Unless a party shows good cause why the order should not be rendered, a court shall order additional periods of possession of or access to a child to compensate for a denial of court-ordered possession or access that resulted from an investigation by the Department of Family and Protective Services that did not result in a finding of abuse or neglect.
(a-2)  The additional periods of possession or access:
(1)  must be of the same type and duration of the possession or access that was denied;
(2)  may include weekend, holiday, and summer possession or access; and
(3)  must occur on or before the second anniversary of the date the court finds that court-ordered possession or access has been denied.
(b)  The person denied possession or access is entitled to decide the time of the additional possession or access, subject to the provisions of Subsection (a-2)(1).
(c)  Subsection (a-1) does not:
(1)  create a cause of action against the Department of Family and Protective Services; or
(2)  waive sovereign immunity to suit or liability.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 52, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 974, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1034, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1139 (S.B. 718), Sec. 1, 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 E. Community Supervision › Section 157.211. Conditions of Community Supervision

Sec. 157.211.  CONDITIONS OF COMMUNITY SUPERVISION.  If the court places the respondent on community supervision and suspends commitment, the terms and conditions of community supervision may include the requirement that the respondent:
(1)  report to the community supervision officer as directed;
(2)  permit the community supervision officer to visit the respondent at the respondent's home or elsewhere;
(3)  obtain counseling on financial planning, budget management, conflict resolution, parenting skills, alcohol or drug abuse, or other matters causing the respondent to fail to obey the order;
(4)  pay required child support and any child support arrearages;
(5)  pay court costs and attorney's fees ordered by the court;
(6)  seek employment assistance services offered by the Texas Workforce Commission under Section 302.0035, Labor Code, if appropriate;  and
(7)  participate in mediation or other services to alleviate conditions that prevent the respondent from obeying the court's order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 702, Sec. 4, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 946, Sec. 2, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 311, Sec. 1, 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 E. Community Supervision › Section 157.212. Term of Community Supervision

Sec. 157.212.  TERM OF COMMUNITY SUPERVISION.  The initial period of community supervision may not exceed 10 years.  The court may continue the community supervision beyond 10 years until the earlier of:
(1)  the second anniversary of the date on which the community supervision first exceeded 10 years; or
(2)  the date on which all child support, including arrearages and interest, has been paid.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 1313, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 22, 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 E. Community Supervision › Section 157.213. Community Supervision Fees

Sec. 157.213.  COMMUNITY SUPERVISION FEES.  (a)  The court may require the respondent to pay a fee to the court in an amount equal to that required of a criminal defendant subject to community supervision.
(b)  The court may make payment of the fee a condition of granting or continuing community supervision.
(c)  The court shall deposit the fees received under this subchapter as follows:
(1)  if the community supervision officer is employed by a community supervision and corrections department, in the special fund of the county treasury provided by the Code of Criminal Procedure to be used for community supervision;  or
(2)  if the community supervision officer is employed by a domestic relations office, in one of the following funds, as determined by the office's administering entity:
(A)  the general fund for the county in which the domestic relations office is located;  or
(B)  the office fund established by the administering entity for the domestic relations office.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 311, Sec. 2, 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 E. Community Supervision › Section 157.214. Motion to Revoke Community Supervision

Sec. 157.214.  MOTION TO REVOKE COMMUNITY SUPERVISION.  A prosecuting attorney, the Title IV-D agency, a domestic relations office, or a party affected by the order may file a verified motion alleging specifically that certain conduct of the respondent constitutes a violation of the terms and conditions of community supervision.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 311, Sec. 3, 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 E. Community Supervision › Section 157.215. Arrest for Alleged Violation of Community Supervision

Sec. 157.215.  ARREST FOR ALLEGED VIOLATION OF COMMUNITY SUPERVISION.  (a)  If the motion to revoke community supervision alleges a prima facie case that the respondent has violated a term or condition of community supervision, the court may order the respondent's arrest by warrant.
(b)  The respondent shall be brought promptly before the court ordering the arrest.
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 E. Community Supervision › Section 157.216. Hearing on Motion to Revoke Community Supervision

Sec. 157.216.  HEARING ON MOTION TO REVOKE COMMUNITY SUPERVISION.  (a)  The court shall hold a hearing without a jury not later than the third working day after the date the respondent is arrested under Section 157.215.  If the court is unavailable for a hearing on that date, the hearing shall be held not later than the third working day after the date the court becomes available.
(b)  The hearing under this section may not be held later than the seventh working day after the date the respondent is arrested.
(c)  After the hearing, the court may continue, modify, or revoke the community supervision.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 23, 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 E. Community Supervision › Section 157.217. Discharge From Community Supervision

Sec. 157.217.  DISCHARGE FROM COMMUNITY SUPERVISION.  (a)  When a community supervision period has been satisfactorily completed, the court on its own motion shall discharge the respondent from community supervision.
(b)  The court may discharge the respondent from community supervision on the motion of the respondent if the court finds that the respondent:
(1)  has satisfactorily completed one year of community supervision;  and
(2)  has fully complied with the community supervision 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 F. Judgment and Interest › Section 157.261. Unpaid Child Support as Judgment

Sec. 157.261.  UNPAID CHILD SUPPORT AS JUDGMENT.  (a)  A child support payment not timely made constitutes a final judgment for the amount due and owing, including interest as provided in this chapter.
(b)  For the purposes of this subchapter, interest begins to accrue on the date the judge signs the order for the judgment unless the order contains a statement that the order is rendered on another specific date.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 702, Sec. 5, 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 F. Judgment and Interest › Section 157.264. Enforcement of Judgment

Sec. 157.264.  ENFORCEMENT OF JUDGMENT.  (a)  A money judgment rendered as provided in this subchapter or a judgment for retroactive child support rendered under Chapter 154 may be enforced by any means available for the enforcement of a judgment for debts or the collection of child support.
(b)  The court shall render an order requiring that the obligor make periodic payments on the judgment, including by income withholding under Chapter 158 if the obligor is subject to income withholding.
(c)  An order rendered under Subsection (b) does not preclude or limit the use of any other means for enforcement of the judgment.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 16, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 25, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 17, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 859 (S.B. 1726), Sec. 6, eff. September 1, 2015.
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 F. Judgment and Interest › Section 157.265. Accrual of Interest on Child Support

Sec. 157.265.  ACCRUAL OF INTEREST ON CHILD SUPPORT.  (a)  Interest accrues on the portion of delinquent child support that is greater than the amount of the monthly periodic support obligation at the rate of six percent simple interest per year from the date the support is delinquent until the date the support is paid or the arrearages are confirmed and reduced to money judgment.
(b)  Interest accrues on child support arrearages that have been confirmed and reduced to money judgment as provided in this subchapter at the rate of six percent simple interest per year from the date the order is rendered until the date the judgment is paid.
(c)  Interest accrues on a money judgment for retroactive or lump-sum child support at the annual rate of six percent simple interest from the date the order is rendered until the judgment is paid.
(d)  Subsection (a) applies to a child support payment that becomes due on or after January 1, 2002.
(e)  Child support arrearages in existence on January 1, 2002, that were not confirmed and reduced to a money judgment on or before that date accrue interest as follows:
(1)  before January 1, 2002, the arrearages are subject to the interest rate that applied to the arrearages before that date; and
(2)  on and after January 1, 2002, the cumulative total of arrearages and interest accumulated on those arrearages described by Subdivision (1) is subject to Subsection (a).
(f)  Subsections (b) and (c) apply to a money judgment for child support rendered on or after January 1, 2002.  A money judgment for child support rendered before that date is governed by the law in effect on the date the judgment was rendered, and the former law is continued in effect for that purpose.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 53, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 943, Sec. 1, eff. Jan. 1, 2000;  Acts 2001, 77th Leg., ch. 1491, Sec. 1, eff. Jan. 1, 2002.
Amended by:
Acts 2005, 79th Leg., Ch. 185 (H.B. 678), Sec. 1, eff. May 27, 2005.
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 F. Judgment and Interest › Section 157.266. Date of Delinquency

Sec. 157.266.  DATE OF DELINQUENCY.  (a)  A child support payment is delinquent for the purpose of accrual of interest if the payment is not received before the 31st day after the payment date stated in the order by:
(1)  the local registry, Title IV-D registry, or state disbursement unit;  or
(2)  the obligee or entity specified in the order, if payments are not made through a registry.
(b)  If a payment date is not stated in the order, a child support payment is delinquent if payment is not received by the registry or the obligee or entity specified in the order on the date that an amount equal to the support payable for one month becomes past due.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 943, Sec. 2, eff. Jan. 1, 2000.
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 F. Judgment and Interest › Section 157.267. Interest Enforced as Child Support

Sec. 157.267.  INTEREST ENFORCED AS CHILD SUPPORT.  Accrued interest is part of the child support obligation and may be enforced by any means provided for the collection of child support.
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 F. Judgment and Interest › Section 157.268. Application of Child Support Payment

Sec. 157.268.  APPLICATION OF CHILD SUPPORT PAYMENT.  Child support collected shall be applied in the following order of priority:
(1)  current child support;
(2)  non-delinquent child support owed;
(3)   the principal amount of child support that has not been confirmed and reduced to money judgment;
(4)  the principal amount of child support that has been confirmed and reduced to money judgment;
(5)  interest on the principal amounts specified in Subdivisions (3) and (4); and
(6)  the amount of any ordered attorney's fees or costs, or Title IV-D service fees authorized under Section 231.103 for which the obligor is responsible.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 17, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 20, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 18, eff. January 1, 2010.
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 F. Judgment and Interest › Section 157.269. Retention of Jurisdiction

Sec. 157.269.  RETENTION OF JURISDICTION.  A court that renders an order providing for the payment of child support retains continuing jurisdiction to enforce the order, including by adjusting the amount of the periodic payments to be made by the obligor or the amount to be withheld from the obligor's disposable earnings, until all current support, medical support, dental support, and child support arrearages, including interest and any applicable fees and costs, have been paid.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 54, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 556, Sec. 19, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 26, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 30, eff. September 1, 2018.
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 157.311. Definitions

Sec. 157.311.  DEFINITIONS.  In this subchapter:
(1)  "Account" means:
(A)  any type of a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, mutual fund account, certificate of deposit, or any other instrument of deposit in which an individual has a beneficial ownership either in its entirety or on a shared or multiple party basis, including any accrued interest and dividends; and
(B)  an insurance policy, including a life insurance policy or annuity contract, in which an individual has a beneficial ownership or against which an individual may file a claim or counterclaim.
(2)  "Claimant" means:
(A)  the obligee or a private attorney representing the obligee;
(B)  the Title IV-D agency providing child support services;
(C)  a domestic relations office or local registry;  or
(D)  an attorney appointed as a friend of the court.
(3)  "Court having continuing jurisdiction" is the court of continuing, exclusive jurisdiction in this state or a tribunal of another state having jurisdiction under the Uniform Interstate Family Support Act or a substantially similar act.
(4)  "Financial institution" has the meaning assigned by 42 U.S.C. Section 669a(d)(1) and includes a depository institution, depository institution holding company as defined by 12 U.S.C. Section 1813(w), credit union, benefit association, insurance company, mutual fund, and any similar entity authorized to do business in this state.
(5)  "Lien" means a child support lien issued in this or another state.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 420, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 911, Sec. 19, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1023, Sec. 18, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 610, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 6, 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 157.312. General Provisions

Sec. 157.312.  GENERAL PROVISIONS.  (a)  A claimant may enforce child support by a lien as provided in this subchapter.
(b)  The remedies provided by this subchapter do not affect the availability of other remedies provided by law.
(c)  The lien is in addition to any other lien provided by law.
(d)  A child support lien arises by operation of law against real and personal property of an obligor for all amounts of child support due and owing, including any accrued interest, regardless of whether the amounts have been adjudicated or otherwise determined, subject to the requirements of this subchapter for perfection of the lien.
(e)  A child support lien arising in another state may be enforced in the same manner and to the same extent as a lien arising in this state.
(f)  A foreclosure action under this subchapter is not required as a prerequisite to levy and execution on a judicial or administrative determination of arrearages as provided by Section 157.327.
(g)  A child support lien under this subchapter may not be directed to an employer to attach to the disposable earnings of an obligor paid by the employer.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 420, Sec. 2, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 911, Sec. 20, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1023, Sec. 19, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 610, Sec. 6, eff. Sept. 1, 2003.
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 157.314. Filing Lien Notice or Abstract of Judgment; Notice to Obligor

Sec. 157.314.  FILING LIEN NOTICE OR ABSTRACT OF JUDGMENT;  NOTICE TO OBLIGOR.  (a)  A child support lien notice or an abstract of judgment for past due child support may be filed by the claimant with the county clerk of:
(1)  any county in which the obligor is believed to own nonexempt real or personal property;
(2)  the county in which the obligor resides;  or
(3)  the county in which the court having continuing jurisdiction has venue of the suit affecting the parent-child relationship.
(b)  A child support lien notice may be filed with or delivered to the following, as appropriate:
(1)  the clerk of the court in which a claim, counterclaim, or suit by, or on behalf of, the obligor, including a claim or potential right to proceeds from an estate as an heir, beneficiary, or creditor, is pending, provided that a copy of the lien is mailed to the attorney of record for the obligor, if any;
(2)  an attorney who represents the obligor in a claim or counterclaim that has not been filed with a court;
(3)  any other individual or organization believed to be in possession of real or personal property of the obligor;  or
(4)  any governmental unit or agency that issues or records certificates, titles, or other indicia of property ownership.
(c)  Not later than the 21st day after the date of filing or delivering the child support lien notice, the claimant shall provide a copy of the notice to the obligor by first class or certified mail, return receipt requested, addressed to the obligor at the obligor's last known address.  If another person is known to have an ownership interest in the property subject to the lien, the claimant shall provide a copy of the lien notice to that person at the time notice is provided to the obligor.
(d)  If a child support lien notice is delivered to a financial institution with respect to an account of the obligor, the institution shall immediately:
(1)  provide the claimant with the last known address of the obligor;  and
(2)  notify any other person having an ownership interest in the account that the account has been frozen in an amount not to exceed the amount of the child support arrearage identified in the notice.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 420, Sec. 4, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 911, Sec. 22, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1023, Sec. 21, 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 157.3145. Service on Financial Institution

Sec. 157.3145.  SERVICE ON FINANCIAL INSTITUTION.  (a)  Service of a child support lien notice on a financial institution relating to property held by the institution in the name of, or in behalf of, an obligor is governed 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.
(b)  A financial institution doing business in this state shall comply with the notice of lien and levy under this section regardless of whether the institution's corporate headquarters is located in this state.
Added by Acts 2001, 77th Leg., ch. 1023, Sec. 22, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 610, Sec. 7, eff. Sept. 1, 2003.