Texas Family Code - Section 157.262. Reduction Of Arrearages; Abeyance Of Enforcement

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§ 157.262. REDUCTION OF ARREARAGES;  ABEYANCE OF 
ENFORCEMENT.  (a) Except as provided by this section, in a contempt 
proceeding or in rendering a money judgment, the court may not 
reduce or modify the amount of child support arrearages.
	(b)  In an enforcement action under this chapter, the court 
may, with the agreement of the Title IV-D agency, hold in abeyance 
the enforcement of any arrearages, including interest, assigned to 
the Title IV-D agency under Section 231.104(a) if, for the period of 
the court's order of abeyance of enforcement, the obligor:
		(1)  timely and fully pays the obligor's current child 
support under a court or administrative order;  and
		(2)  is involved in the life of the child for whom 
support is ordered through the exercise of the obligor's right of 
possession of or access to the child.
	(c)  If the court orders an abeyance of enforcement of 
arrearages under this section, the court may require the obligor to 
obtain counseling on parenting skills, work skills, job placement, 
financial planning, conflict resolution, substance abuse, or other 
matters causing the obligor to fail to obey the child support order.
	(d)  If the court finds in a subsequent hearing that the 
obligor has not met the conditions set by the court's order under 
this section, the court shall terminate the abeyance of enforcement 
of the arrearages.
	(e)  On the expiration of the child support order, the court 
may, with the agreement of the Title IV-D agency, reduce the amount 
of the arrearages assigned to the Title IV-D agency under Section 
231.104(a) if the court finds that the obligor has complied with the 
conditions set by the court under this section.
	(f)  The money judgment for arrearages rendered by the court 
may be subject to a counterclaim or offset as provided by this 
subchapter.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 2001, 77th Leg., ch. 392, § 3, eff. Sept. 1, 
2001;  Acts 2001, 77th Leg., ch. 1023, § 15, eff. Sept. 1, 2001.

Last modified: August 10, 2007