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Texas Family Code - Chapter 157 EnforcementLegal Research Home > Texas Lawyer > Family Code > Texas Family Code - Chapter 157 Enforcement (a) A motion for enforcement as provided in this chapter may be filed to enforce a final order for conservatorship, child support, possession of or ... (a) A motion for enforcement must, in ordinary and concise language: (1) identify the provision of the order allegedly violated and sought to be enforced; ... (a) A party requesting enforcement may join in the same proceeding any claim and remedy provided for in this chapter, other provisions of this title, ... 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 ... (a) The court retains jurisdiction to render a contempt order for failure to comply with the child support order if the motion for enforcement is ... (a) The issue of the existence of an affirmative defense to a motion for enforcement does not arise unless evidence is admitted supporting the defense. ... (a) The respondent may plead as an affirmative defense to contempt for failure to comply with an order for possession or access to a child ... (a) An obligor may plead as an affirmative defense in whole or in part to a motion for enforcement of child support that the obligee ... (a) On filing a motion for enforcement requesting contempt, the court shall set the date, time, and place of the hearing and order the respondent ... (a) The notice of hearing must include the date, time, and place of the hearing. (b) The notice of hearing need not repeat the allegations ... A party makes a general appearance for all purposes in an enforcement proceeding if: (1) the party appears at the hearing or is present when ... (a) If a respondent specially excepts to the motion for enforcement or moves to strike, the court shall rule on the exception or the motion ... (a) If a party has been ordered under Chapter 105 to provide the court and the state case registry with the party's current mailing address, ... If a respondent who has been personally served with notice to appear at a hearing does not appear at the designated time, place, and date ... (a) When the court orders the issuance of a capias as provided in this chapter, the court shall also set an appearance bond or security, ... Law enforcement officials shall treat the capias in the same manner as an arrest warrant for a criminal offense and shall enter the capias in ... (a) The fee for issuing a capias as provided in this chapter is the same as the fee for issuance of a writ of attachment. ... If the respondent is taken into custody and released on bond, the court shall condition the bond on the respondent's promise to appear in court ... (a) If the respondent is taken into custody and not released on bond, the respondent shall be brought before the court that issued the capias ... (a) If the respondent has posted a cash bond and is found to be in arrears in the payment of court-ordered child support, the court ... (a) If the respondent fails to appear at the hearing as directed, the court shall order that the appearance bond or security be forfeited and ... A court shall treat a cash bond posted for the benefit of the respondent as the property of the respondent. A person who posts the ... (a) The court may order the respondent to execute a bond or post security if the court finds that the respondent: (1) has on two ... (a) On the motion of a person or entity for whose benefit a bond has been executed or security deposited, the court may forfeit all ... The forfeiture of bond or security is not a defense in a contempt proceeding. Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. ... A motion for enforcement requesting contempt may be joined with a forfeiture proceeding. Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April ... If the obligor requests to execute a bond or to post security pending a hearing by an appellate court on a writ, the bond or ... 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 ... (a) The court may render a default order for the relief requested if the respondent: (1) has been personally served, has filed an answer, or ... (a) Except as provided by Subsection (b), a record of the hearing in a motion for enforcement shall be made by a court reporter or ... (a) The movant is not required to prove that the underlying order is enforceable by contempt to obtain other appropriate enforcement remedies. (b) A finding ... (a) In a motion for enforcement or motion to revoke community service, the court must first determine whether incarceration of the respondent is a possible ... (a) An attorney appointed to represent an indigent respondent is entitled to a reasonable fee for services within the scope of the appointment in the ... The court may place the respondent on community supervision and suspend commitment if the court finds that the respondent is in contempt of court for ... (a) An enforcement order must include: (1) in ordinary and concise language the provisions of the order for which enforcement was requested; (2) the acts ... (a) If the court finds that the respondent has failed to make child support payments, the court shall order the respondent to pay the movant's ... (a) A court may order additional periods of possession of or access to a child to compensate for the denial of court-ordered possession or access. ... If the court places the respondent on community supervision and suspends commitment, the terms and conditions of community supervision may include the requirement that the ... The community supervision period may not exceed 10 years. Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995. Amended by ... (a) The court may require the respondent to pay a fee to the court in an amount equal to that required of a criminal defendant ... A prosecuting attorney, the Title IV-D agency, a domestic relations office, or a party affected by the order may file a verified motion alleging specifically ... (a) If the motion to revoke community supervision alleges a prima facie case that the respondent has violated a term or condition of community supervision, ... (a) The court shall hold a hearing without a jury on or before the first working day after the date the respondent is arrested under ... (a) When a community supervision period has been satisfactorily completed, the court on its own motion shall discharge the respondent from community supervision. (b) The ... (a) A child support payment not timely made constitutes a final judgment for the amount due and owing, including interest as provided in this chapter. ... (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 ... (a) If a motion for enforcement of child support requests a money judgment for arrearages, the court shall confirm the amount of arrearages and render ... (a) A money judgment rendered as provided in this subchapter may be enforced by any means available for the enforcement of a judgment for debts. ... (a) Interest accrues on the portion of delinquent child support that is greater than the amount of the monthly periodic support obligation at the rate ... (a) A child support payment is delinquent for the purpose of accrual of interest if the payment is not received before the 31st day after ... Accrued interest is part of the child support obligation and may be enforced by any means provided for the collection of child support. Added by ... Child support collected shall be applied in the following order of priority: (1) current child support; (2) non-delinquent child support owed; (3) interest on the ... A court that renders an order providing for the payment of child support arrearages retains jurisdiction until all current support and medical support and child ... In this subchapter: (1) "Account" means: (A) any type of a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (a) A lien is effective until all current support and child support arrearages, including interest and any costs and reasonable attorney's fees, have been paid ... (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 ... (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 ... 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 ... (a) On payment in full of the amount of child support due, together with any costs and reasonable attorney's fees, the child support lien claimant ... (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 ... A person who knowingly disposes of property subject to a child support lien, who, after a foreclosure hearing, fails to surrender on demand nonexempt personal ... (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) A spouse of an obligor or another person having an ownership interest in property that is subject to a child support lien may file ... (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 ... (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 ... 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 ... 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 ... 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 ... (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 ... (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 ... (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 ... 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 ... (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 ... (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 ... (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) The procedure for filing a motion for enforcement of a final order applies to a motion for clarification. (b) A person is not entitled ... (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 ... 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 court may not provide that a clarification order is retroactive for the purpose of enforcement by contempt. Added by Acts 1995, 74th Leg., ch. ... (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 ... Texas Lawyers
Last modified: August 10, 2007 |