Texas Family Code - Section 157.327. Execution And Levy On Financial Assets Of Obligor

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§ 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 controlling assets or funds owned by, or 
owed to, an obligor and subject to a child support lien, including a 
lien for child support arising in another state.
	(b)  The notice under this section must:                                       
		(1)  identify the amount of child support arrearages 
owing at the time the amount of arrearages was determined;  and
		(2)  direct the financial institution to pay to the 
claimant, not earlier than the 15th day or later than the 21st day 
after the date of delivery of the notice, an amount from the assets 
of the obligor or from funds due to the obligor that are held or 
controlled by the institution, not to exceed the amount of the child 
support arrearages identified in the notice, unless:
			(A)  the institution is notified by the claimant 
that the obligor has paid the arrearages or made arrangements 
satisfactory to the claimant for the payment of the arrearages;
			(B)  the obligor or another person files a suit 
under Section 157.323 requesting a hearing by the court;  or
			(C)  if the claimant is the Title IV-D agency, the 
obligor has requested an agency review under Section 157.328.
	(c)  A financial institution that receives a notice of levy 
under this section may not close an account in which the obligor has 
an ownership interest, permit a withdrawal from any account the 
obligor owns, in whole or in part, or pay funds to the obligor so 
that any amount remaining in the account is less than the amount of 
the arrearages identified in the notice, plus any fees due to the 
institution and any costs of the levy identified by the claimant.
	(d)  A financial institution that receives a notice of levy 
under this section shall notify any other person having an 
ownership interest in an account in which the obligor has an 
ownership interest that the account has been levied on in an amount 
not to exceed the amount of the child support arrearages identified 
in the notice of levy.
	(e)  The notice of levy may be delivered to a financial 
institution as provided 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.

Added by Acts 2001, 77th Leg., ch. 1023, § 34, eff. Sept. 1, 
2001.       

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Last modified: August 10, 2007