420, Sec. If your ex-spouse does not respond, the court may enter its decision without his input. 19, eff. DURATION AND EFFECT OF CHILD SUPPORT LIEN. 20, Sec. 1, eff. April 20, 1995. The forfeiture of bond or security is not a defense in a contempt proceeding. The court may hear evidence to determine the issue of indigency. INTEREST OF OBLIGOR'S SPOUSE OR ANOTHER PERSON HAVING OWNERSHIP INTEREST. Once the motion is complete and the attachments are assembled, you can file the motion with the court. When children do not receive consistent support, it can affect their quality of life. Amended by Acts 1997, 75th Leg., ch. 1034, Sec. Acts 2015, 84th Leg., R.S., Ch. ADDITIONAL LEVY TO SATISFY ARREARAGES. 972 (S.B. (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. 5, eff. Jan. 1, 2000; Acts 2001, 77th Leg., ch. (b) A claimant may recover costs and reasonable attorney's fees incurred in an action under this section. 21, eff. 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. Sept. 1, 2003. The OAG works with over 60 licensing agencies and can request that these agencies suspend your drivers, professional and hunting and fishing licenses, if you fail to pay your child support. 157.161. 649 (H.B. September 1, 2009. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. 157.106. Frances holds a Bachelor of Arts in social studies education from the University of Wyoming and a Juris Doctor from Baylor University Law School. These can include court action, license suspension, credit reporting, passport denial and more. 157.005. 14, eff. Evidence that the respondent has attempted to evade service of process, has previously been found guilty of contempt, or has accrued arrearages over $1,000 is sufficient to rebut the presumption. 4, eff. Added by Acts 1995, 74th Leg., ch. (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. Sec. September 1, 2007. 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. Amended by Acts 2001, 77th Leg., ch. Amended by Acts 1997, 75th Leg., ch. Added by Acts 1995, 74th Leg., ch. No need to navigate the legal waters alone, Law for Families is here to help! (4) the cumulative arrearage as of the final date of the record. 1023, Sec. (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. CAPIAS FEES. 157.164. (2) lacks the financial resources to pay the attorney's fees and costs. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1, eff. 1, eff. 30, eff. (b) The respondent must prove the affirmative defense by a preponderance of the evidence. FAILURE TO APPEAR. April 20, 1995. The court retains jurisdiction to render a contempt order for failure to comply with the order of possession and access if the motion for enforcement is filed not later than the sixth month after the date: (2) on which the right of possession and access terminates under the order or by operation of law.
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