The court may order that child support be paid by: (4) the setting aside of property to be administered for the support of the child as specified in the order; (5) pension, retirement, or other employee benefits in accordance with an enforceable qualified domestic relations order or similar order under Subchapter J, Chapter 157; or. 1, eff.
911, Sec.
(n) The program is not subject to any provision of the Insurance Code or other law that requires coverage or the offer of coverage of a health care service or benefit. ADDITIONAL FACTORS FOR COURT TO CONSIDER.
(j) The Title IV-D agency shall solicit applications for participation in the program from health benefit plan issuers that meet requirements specified by the agency.
A child who is determined to be eligible for coverage under the program continues to be eligible until the termination of the parent's duty to pay child support as specified by Section 154.006. Added by Acts 1995, 74th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. PARTY TO FURNISH INFORMATION. (b) A court that orders support under this section shall designate a parent of the child or another person having physical custody or guardianship of the child under a court order to receive the support for the child. If the director establishes an advisory committee, the director may appoint any of the following persons to the advisory committee: (1) representatives of appropriate public and private entities, including state agencies concerned with health care management; (4) representatives of the insurance industry.
(a) The court shall consider the cost, accessibility, and quality of health insurance coverage available to the parties and shall give priority to health insurance coverage available through the employment of one of the parties if the coverage is available at a reasonable cost to the obligor.
(2) the reduced total amount that the obligor is required to pay each month after the occurrence of an event described by Subdivision (1). Added by Acts 2001, 77th Leg., ch. 767 (S.B. (a) The court may order either or both parents to provide for the support of a child for an indefinite period and may determine the rights and duties of the parents if the court finds that: (1) the child, whether institutionalized or not, requires substantial care and personal supervision because of a mental or physical disability and will not be capable of self-support; and. April 20, 1995. Except as otherwise provided by this subchapter, the substantive and procedural rights and remedies in a suit affecting the parent-child relationship relating to the establishment, modification, or enforcement of a child support order apply to a suit filed and an order rendered under this subchapter.
(d) A local registry shall accept child support payments made by personal check, money order, or cashier's check. Sec. Acts 2015, 84th Leg., R.S., Ch. (a) To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreement containing provisions for support of the child and for modification of the agreement, including variations from the child support guidelines provided by Subchapter C. (b) If the court finds that the agreement is in the child's best interest, the court shall render an order in accordance with the agreement. Amended by Acts 1997, 75th Leg., ch. (a) If a child support agency or local child support registry receives from an obligor who is not in arrears a child support payment in an amount that exceeds the court-ordered amount, the agency or registry, to the extent possible, shall give effect to any expressed intent of the obligor for the application of the amount that exceeds the court-ordered amount. Amended by Acts 1999, 76th Leg., ch. April 20, 1995. (B) the minimum attendance requirements imposed by the school in which the child is enrolled, if the child is enrolled in a private secondary school. In determining the amount of support to be paid after a child's 18th birthday, the specific terms and conditions of that support, and the rights and duties of both parents with respect to the support of the child, the court shall determine and give special consideration to: (1) any existing or future needs of the adult child directly related to the adult child's mental or physical disability and the substantial care and personal supervision directly required by or related to that disability; (2) whether the parent pays for or will pay for the care or supervision of the adult child or provides or will provide substantial care or personal supervision of the adult child; (3) the financial resources available to both parents for the support, care, and supervision of the adult child; and. (a) The court shall order the payment of child support to the state disbursement unit as provided by Chapter 234.
September 1, 2018. Amended by Acts 1997, 75th Leg., ch.
Sec. 154.128. 154.011. For good cause shown, the court may waive the requirement that the obligee pay attorney's fees and costs if the court states the reasons supporting that finding. 20, Sec. 120, Sec. Amended by Acts 2001, 77th Leg., ch. Elyria, OH 44035-1057 1023, Sec. (c) If the obligor's monthly net resources are less than $1,000, the court shall presumptively apply the following schedule in rendering the child support order: 1 child 15% of Obligor's Net Resources, 2 children 20% of Obligor's Net Resources, 3 children 25% of Obligor's Net Resources, 4 children 30% of Obligor's Net Resources, 5 children 35% of Obligor's Net Resources. Section 101(16); or. (b) In ordering retroactive child support, the court shall apply the child support guidelines provided by this chapter. September 1, 2018. (a) The court may order either or both parents to support a child in the manner specified by the order: (1) until the child is 18 years of age or until graduation from high school, whichever occurs later; (2) until the child is emancipated through marriage, through removal of the disabilities of minority by court order, or by other operation of law; (4) if the child is disabled as defined in this chapter, for an indefinite period. 865), Sec. Acts 2007, 80th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. (b) In determining whether application of the guidelines would be unjust or inappropriate under the circumstances, the court shall consider evidence of all relevant factors, including: (2) the ability of the parents to contribute to the support of the child; (3) any financial resources available for the support of the child; (4) the amount of time of possession of and access to a child; (5) the amount of the obligee's net resources, including the earning potential of the obligee if the actual income of the obligee is significantly less than what the obligee could earn because the obligee is intentionally unemployed or underemployed and including an increase or decrease in the income of the obligee or income that may be attributed to the property and assets of the obligee; (6) child care expenses incurred by either party in order to maintain gainful employment; (7) whether either party has the managing conservatorship or actual physical custody of another child; (8) the amount of alimony or spousal maintenance actually and currently being paid or received by a party; (9) the expenses for a son or daughter for education beyond secondary school; (10) whether the obligor or obligee has an automobile, housing, or other benefits furnished by his or her employer, another person, or a business entity; (11) the amount of other deductions from the wage or salary income and from other compensation for personal services of the parties; (12) provision for health care insurance and payment of uninsured medical expenses; (13) special or extraordinary educational, health care, or other expenses of the parties or of the child; (14) the cost of travel in order to exercise possession of and access to a child; (15) positive or negative cash flow from any real and personal property and assets, including a business and investments; (16) debts or debt service assumed by either party; and. Acts 2015, 84th Leg., R.S., Ch. 2, eff.
Acts 2007, 80th Leg., R.S., Ch. Sec. 508 (H.B. Sec. (a) A child support obligation does not terminate on the death of the obligee but continues as an obligation to the child named in the support order, as required by this section. (2) except for good cause shown or on agreement of the parties, require the parent ordered to provide health care coverage for the child as provided under Section 154.182 to produce evidence to the court's satisfaction that the parent has applied for or secured health insurance or has otherwise taken necessary action to provide for health care coverage for the child, as ordered by the court. 865), Sec. Provide CSEA with supporting documents to complete the emancipation process and end or modify the support order.
Sec. 767 (S.B.
Sec. 3, eff. 154.013 by Acts 2003, 78th Leg., ch. 1404 (S.B. Obligee Responsibilities: (Party Receiving Support), Its your Support Order, Be an Active Participant. 20, Sec. Sept. 1, 2003. 1, eff. 620 (H.B.
1, eff. 22, eff. If the child participates in a government medical assistance program or health plan, the court shall order cash medical support under Subsection (b)(3). (o) Any health information obtained by the program, or by a third-party administrator providing program services, that is subject to the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. September 1, 2013.
Sec. 1, eff. 20, Sec. (b-1) In a proceeding described by Subsection (b) in which the court renders an order modifying an existing order for the support of the child to require that the payments be made to the Department of Family and Protective Services, the court shall provide notice of the order to the office of the attorney general not later than the 10th day after the date the order is rendered. Sec.
Sec.
87 (S.B.
10, eff. (b-1) If the parent ordered to provide health insurance under Subsection (b)(1) or (2) is the obligee, the court shall order the obligor to pay the obligee, as additional child support, an amount equal to the actual cost of health insurance for the child, but not to exceed a reasonable cost to the obligor. (a) In a proceeding in which periodic payments of child support are ordered, modified, or enforced, the court or Title IV-D agency shall order that income be withheld from the disposable earnings of the obligor as provided by Chapter 158. 20, Sec. 751, Sec. (a) The amount of a periodic child support payment established by the child support guidelines in effect in this state at the time of the hearing is presumed to be reasonable, and an order of support conforming to the guidelines is presumed to be in the best interest of the child. 597, Sec.
620 (H.B. September 1, 2018. 77), Sec.
Sec. 154.013.
3, eff.
(a) The court may order periodic child support payments in an amount other than that established by the guidelines if the evidence rebuts the presumption that application of the guidelines is in the best interest of the child and justifies a variance from the guidelines. PAYMENTS OF SUPPORT OBLIGATION BY TRUST.
1726), Sec. Each health benefit plan issuer that participates in the program must hold a certificate of authority issued by the Texas Department of Insurance. The court shall require a party to: (1) furnish information sufficient to accurately identify that party's net resources and ability to pay child support; and. (f) On receipt of the order required under this section, the local registry, state disbursement unit, or Title IV-D agency shall disburse payments as required by the order. Acts 2005, 79th Leg., Ch. Amended by Acts 2001, 77th Leg., ch. 303), Sec. Sec. The Title IV-D agency shall consult with the Texas Department of Insurance and the Health and Human Services Commission in establishing policies and procedures for the administration of the program and in determining appropriate benefits to be provided under the program. Sept. 1, 1999. 8, eff. Sec. Sec. (c) In determining the manner in which dental care coverage for the child is to be ordered, the court shall render its order in accordance with the following priorities, unless a party shows good cause why a particular order is not in the best interest of the child: (1) if dental insurance is available for the child through a parent's employment or membership in a union, trade association, or other organization at reasonable cost, the court shall order that parent to include the child in the parent's dental insurance; or.
1, eff. 154.070. 1, eff. CHILD SUPPORT RECEIVED BY OBLIGOR. (b) Possession of or access to an adult disabled child is enforceable in the manner provided by Chapter 157. 556, Sec. (a-1) The court may order each person who is financially able and whose parental rights have been terminated with respect to a child in substitute care for whom the department has been appointed managing conservator, a child for a reason described by Section 161.001(b)(1)(T)(iv) or (b)(1)(U), or a child who was conceived as a direct result of conduct that constitutes an offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code, to support the child in the manner specified by the order: (B) the child's 18th birthday or graduation from high school, whichever occurs later; (C) removal of the child's disabilities of minority by court order, marriage, or other operation of law; or. REMEDY NOT EXCLUSIVE. September 1, 2018. 7, eff. September 1, 2007. Jan. 1, 2002. April 20, 1995. Sept. 1, 1997.
5, eff.
Acts 2007, 80th Leg., R.S., Ch. 1491, Sec. 585), Sec. 550), Sec. (a) The obligee, obligor, or a child support agency of this state or another state may send to the employer a copy of the order requiring an employee to provide health insurance coverage or dental insurance coverage for a child or may include notice of the medical support order or dental support order in an order or writ of withholding sent to the employer in accordance with Chapter 158. Amended by Acts 2001, 77th Leg., ch. 1150 (S.B. 1969), Sec. 154.241. AGREEMENT CONCERNING SUPPORT.
PROVISION FOR MEDICAL SUPPORT AND DENTAL SUPPORT. (d) If the parent ordered to provide dental insurance under Subsection (c)(1) or (2) is the obligee, the court shall order the obligor to pay the obligee, as additional child support, an amount equal to the actual cost of dental insurance for the child, but not to exceed a reasonable cost to the obligor. 154.243. 1150 (S.B. (b) In consultation with the Texas Department of Insurance, the Health and Human Services Commission, and representatives of the insurance industry in this state, the Title IV-D agency shall develop and implement a statewide program to address the health care needs of children in Title IV-D cases for whom health insurance is not available to either parent at reasonable cost under Section 154.182(b)(1) or under Section 154.182(b)(2) from a source other than the program. April 20, 1995. 11, eff. Contact the CSEA to report any problems or issues arising on your support case (Arrears paid in full, spousal support obligation to end). Amended by Acts 1995, 74th Leg., ch. 865), Sec.
550), Sec. 1237), Sec. September 1, 2013. (5) all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits other than supplemental security income, United States Department of Veterans Affairs disability benefits other than non-service-connected disability pension benefits, as defined by 38 U.S.C. (d) If the employee ceases employment or if the health insurance coverage or dental insurance coverage lapses, the employer shall provide to the sender, not later than the 15th day after the date of the termination of employment or the lapse of the coverage, notice of the termination or lapse and of the availability of any conversion privileges. 2, eff. September 1, 2021.
Amended by Acts 2001, 77th Leg., ch.
September 1, 2007. (b) A local registry may not require an obligor, obligee, or other party or entity to furnish a certified copy of a court order as a condition of processing child support payments and shall accept as sufficient authority to process the payments a photocopy, facsimile copy, or conformed copy of the court's order. 392, Sec. (d) The principal objective of the program is to provide basic health care services, including office visits with health care providers, hospitalization, and diagnostic and emergency services, to eligible children in Title IV-D cases at reasonable cost to the parents obligated by court order to provide medical support for the children. June 5, 2001; Acts 2003, 78th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Section 101(17), unemployment benefits, disability and workers' compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, and alimony. 8, eff. Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 1999, 76th Leg., ch. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 154.127. Amended by Acts 1995, 74th Leg., ch. (b) Before a hearing on temporary orders or a final order, if no hearing on temporary orders is held, the court shall require the parties to the proceedings to disclose in a pleading or other statement: (1) if private health insurance is in effect for the child, the identity of the insurance company providing the coverage, the policy number, which parent is responsible for payment of any insurance premium for the coverage, whether the coverage is provided through a parent's employment, and the cost of the premium; or. Acts 2021, 87th Leg., R.S., Ch. September 1, 2007. 3, eff. September 1, 2018. Any personally identifiable financial information or supporting documentation of a parent whose child is enrolled in the program that is obtained by the program, or by a third-party administrator providing program services, is confidential and not open to public inspection. Sec. (b) The court may order either or both parents to make periodic payments for the support of a child in a proceeding in which the Department of Family and Protective Services is named temporary managing conservator. Sept. 1, 1995; Acts 1997, 75th Leg., ch.
The Title IV-D agency shall compute the adjusted amount, to take effect beginning September 1 of the year of the adjustment, based on the percentage change in the consumer price index during the 72-month period preceding March 1 of the year of the adjustment, as rounded to the nearest $50 increment. PROVISION OF SUPPORT IN EVENT OF DEATH OF PARENT. 286), Sec. 154.187. If dependent coverage is not available to the employee or member through the employer's health insurance plan or dental insurance plan or enrollment cannot be made permanent or if the employer is not responsible or otherwise liable for providing such coverage, the employer shall provide notice to the sender in accordance with Subsection (c). PLACE OF PAYMENT. Sept. 1, 1999. 1, eff. September 1, 2017. Sept. 1, 1995. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (c) The employer or plan administrator is not a necessary party to a proceeding under this section. 767 (S.B. September 1, 2018.
(b) If additional premiums are incurred as a result of adding the child to the health insurance plan or the dental insurance plan, the employer shall deduct the health insurance premium or the dental insurance premium from the earnings of the employee in accordance with Chapter 158 and apply the amount withheld to payment of the insurance premium. (b) The procedure for filing a motion for enforcement of a final order applies to a motion under this section. 6, eff. 550), Sec. Sec.
8, eff. 610, Sec. April 20, 1995. Added by Acts 2015, 84th Leg., R.S., Ch. Cash/Food/Medical Call Center: 1-844-640-6446 (b) If the court finds and states in the child support order that the obligee will maintain health insurance coverage, dental insurance coverage, or both, for the child at the obligee's expense, the court shall increase the amount of child support to be paid by the obligor in an amount not exceeding the actual cost to the obligee for maintaining the coverage, as provided under Sections 154.182(b-1) and 154.1825(d). Acts 2005, 79th Leg., Ch. September 1, 2017. A parent ordered to provide health insurance or dental insurance or to pay the other parent additional child support for the cost of health insurance or dental insurance who fails to do so is liable for: (1) necessary medical expenses or dental expenses of the child, without regard to whether the expenses would have been paid if health insurance or dental insurance had been provided; and. (6) any combination of periodic payments, lump-sum payments, annuity purchases, or setting aside of property. 154.242. 859 (S.B. (b) In determining whether an obligor is intentionally unemployed or underemployed, the court may consider evidence that the obligor is a veteran, as defined by 38 U.S.C. (2) as an independent cause of action or joined with any other claim or remedy provided by this code. ), as amended. April 20, 1995. (2) if dental insurance is not available for the child under Subdivision (1) but is available to a parent from another source and at a reasonable cost, the court may order that parent to provide dental insurance for the child. Sec. 2, eff. Acts 2017, 85th Leg., R.S., Ch. 238 (H.B. July 1, 2003. 10, eff. 1275, Sec. 20, Sec. (A) whether the employer is self-insured or has dental insurance available; (B) proof that dental insurance has been provided for the child; (C) if the employer has dental insurance available, the name of the dental insurance carrier, the number of the policy, a copy of the policy and schedule of benefits, a dental insurance membership card, claim forms, and any other information necessary to submit a claim; and.
154.003. 2668), Sec. 154.133. 1150 (S.B. 154.132. Amended by Acts 1997, 75th Leg., ch. Sept. 1, 2003. (4) any other financial resources or other resources or programs available for the support, care, and supervision of the adult child. 1150 (S.B. (6) if the child enlists in the armed forces of the United States, the date on which the child begins active service as defined by 10 U.S.C. Sept. 1, 2003. If the court finds that the child support obligation is not satisfied, the court shall render a judgment in favor of the obligee, for the benefit of the child, in the amount of the unpaid child support obligation determined under Subsection (c). Added by Acts 1995, 74th Leg., ch. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 550), Sec. If dental insurance coverage is not in effect for the child or if the insurance in effect is not available at a reasonable cost to the obligor, the court shall, except for good cause shown, order dental insurance coverage for the child as provided by Section 154.1825. Added by Acts 1999, 76th Leg., ch. 1, eff. 1404 (S.B. This can include a copy of a high school diploma or withdrawal letter from school when the child reaches age 18; proof of enlistment in the armed forces; proof of the childs marriage, court orders showing a change in legal custody or adoption of the child. 154.184.
1969), Sec. 4, eff. Sept. 1, 2003. SUBCHAPTER E. LOCAL CHILD SUPPORT REGISTRY. 449, Sec. (a) An obligor ordered to provide health insurance coverage or dental insurance coverage for a child must notify the obligee and any child support agency enforcing a support obligation against the obligor of the: (1) termination or lapse of health insurance coverage or dental insurance coverage for the child not later than the 15th day after the date of a termination or lapse; and.
154.125.
1, eff. 5, eff.
91 (S.B. Sec. April 20, 1995.
Acts 2007, 80th Leg., R.S., Ch. Jan. 1, 1998; Acts 1997, 75th Leg., ch. April 20, 1995. By law, the obligee is required to provide information needed to process the case and manage the order. Sec. Sec. 154.065. Acts 2007, 80th Leg., R.S., Ch. 1, eff. (c) An employer who has received an order or notice under this subchapter shall provide to the sender, not later than the 40th day after the date the employer receives the order or notice, a statement that the child: (1) has been enrolled in the employer's health insurance plan or dental insurance plan, or is already enrolled in another health insurance plan or dental insurance plan in accordance with a previous child support, medical support, or dental support order to which the employee is subject; or. (e) The order under Subsection (d) must contain: (1) a statement that the obligee is deceased and that child support amounts otherwise payable to the obligee shall be paid for the benefit of a surviving child named in the support order as provided by Subsection (c); (2) the name and age of each child named in the support order; and. September 1, 2009. Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. Sept. 1, 1997. 550), Sec. (2) the child is enrolled in comparable insurance coverage or will be enrolled in comparable coverage that will take effect not later than the effective date of the cancellation or elimination of the employer's coverage. (b) If the child support obligor dies before the child support obligation terminates, the remaining unpaid balance of the child support obligation becomes payable on the date the obligor dies. 556, Sec. (b) The presumption required by Subsection (a) does not apply if the court finds that the party is subject to an order of confinement that exceeds 90 days and is incarcerated in a local, state, or federal jail or prison at the time the court makes the determination regarding the party's income. IMPUTATION OF INCOME. MEDICAL SUPPORT ORDER OR DENTAL SUPPORT ORDER NOT QUALIFIED. 154.122.
3, eff.
(b) The parent, the child, if the child is 18 years of age or older, or other person may not transfer or assign the cause of action to any person, including a governmental or private entity or agency, except for an assignment made to the Title IV-D agency under Section 231.104 or in the provision of child support enforcement services under Section 159.307. The notification must specify a date beginning on which children may be enrolled in the program.
865), Sec.
154.126. 1, eff. (d) On presentation of the obligee's death certificate, the court shall render an order directing payment of child support paid but not disbursed to be made as provided by Subsection (c).
550), Sec. (6) if the obligor does not pay social security taxes, nondiscretionary retirement plan contributions. PAYMENTS IN EXCESS OF COURT-ORDERED AMOUNT. SUBCHAPTER D. MEDICAL SUPPORT AND DENTAL SUPPORT FOR CHILD. NET RESOURCES. (d) If the order was rendered or last modified before January 1, 1987, the order is presumed to contain a provision for income withholding procedures to take effect in the event a delinquency occurs without further amendment to the order or future action by the court. 26, eff. Acts 2007, 80th Leg., R.S., Ch. (2) "Health care provider" means a physician or other person who is licensed, certified, or otherwise authorized to provide a health care service in this state. 911, Sec. 834 (S.B.
120, Sec. 1751), Sec. 20, Sec. (e) On request, the employer shall release to the sender information concerning the available health insurance coverage or dental insurance coverage, including the name of the health insurance carrier or dental insurance carrier, the policy number, a copy of the policy and schedule of benefits, a health insurance or dental insurance membership card, and claim forms. CHILD SUPPORT THROUGH HIGH SCHOOL GRADUATION. Amended by Acts 1995, 74th Leg., ch. PARENT TO FURNISH INFORMATION. (2) except for good cause shown or on agreement of the parties, require the parent ordered to provide dental insurance coverage for the child as provided by Section 154.1825 to produce evidence to the court's satisfaction that the parent has applied for or secured dental insurance or has otherwise taken necessary action to provide for dental insurance coverage for the child, as ordered by the court. SUPPORT OF CHILD. (b) For the purpose of determining a child support credit, the total number of an obligor's children includes the children before the court for the establishment or modification of a support order and any other children, including children residing with the obligor, whom the obligor has the legal duty of support. (3) the name and mailing address of, as appropriate: (C) the managing conservator or guardian of the child, if one has been appointed.