Title FA, Family Code

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 provid…

Sec. 157.313. CONTENTS OF CHILD SUPPORT LIEN NOTICE. (a) Except as provided by Subsection (e), a child support lien notice must contain: (1) the name and address of the person to whom the notice is being sent; (2) the style, docket or cause number, and identity of the tribunal of…

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 nonexem…

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 subje…

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 dom…

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 e…

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…

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…

Sec. 157.318. DURATION AND EFFECT OF CHILD SUPPORT LIEN. (a) A lien is effective until all current support and child support arrearages, including reasonable and necessary attorney's fees, court costs, expenses, postjudgment interest, and any Title IV-D service fees authorized un…

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 releas…

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 prope…

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 relea…

Sec. 157.322. MANDATORY RELEASE OF LIEN. (a) On payment in full of the amount of child support due, together with any reasonable and necessary attorney's fees, court costs, and expenses, the child support lien claimant shall execute and deliver to the obligor or the obligor's att…

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…

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…

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 t…

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 an…

Sec. 157.327. EXECUTION AND LEVY ON FINANCIAL ASSETS OF OBLIGOR. (a) Notwithstanding any other provision of law, if a judgment or administrative determination of arrearages has been rendered, a claimant may deliver a notice of levy to any financial institution possessing or contr…

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 whi…

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 …

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 liab…

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 cla…

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 lev…

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 …

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 chi…

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 eithe…

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, …

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…

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…

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…

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.

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…

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. Ap…

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.

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. Apr…

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 q…

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)…

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 appropria…

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 retain…

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…

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. 157.507. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES. (a) In a proceeding under this subchapter, the court may order the obligor to pay reasonable and necessary attorney's fees, court costs, and expenses incurred by a party to obtain the order and all fees charged by a plan a…

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 Ac…

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, 88t…