Texas Family Code Title 5, Chapter 157 - Enforcement

SUBCHAPTER A PLEADINGS AND DEFENSES

• Texas Section 157.001 - Motion For Enforcement
  (a) A motion for enforcement as provided in this chapter may be filed to enforce any provision of a temporary or final order rendered in...
• Texas Section 157.002 - Contents Of Motion
  (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;...
• Texas Section 157.003 - Joinder Of Claims And Remedies; No Election Of Remedies
  (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,...
• Texas Section 157.004 - Time Limitations; Enforcement Of Possession
  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...
• Texas Section 157.005 - Time Limitations; Enforcement Of Child Support
  (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...
• Texas Section 157.006 - Affirmative Defense To Motion For Enforcement
  (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....
• Texas Section 157.007 - Affirmative Defense To Motion For Enforcement Of Possession Or Access
  (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...
• Texas Section 157.008 - Affirmative Defense To Motion For Enforcement Of Child Support
  (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...

SUBCHAPTER B PROCEDURE

• Texas Section 157.009 - Credit For Payment Of Disability Benefits
  In addition to any other credit or offset available to an obligor under this title, if a child for whom the obligor owes child support...
• Texas Section 157.061 - Setting Hearing
  (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...
• Texas Section 157.062 - Notice Of Hearing
  (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...
• Texas Section 157.063 - Appearance
  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...
• Texas Section 157.064 - Special Exception
  (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...
• Texas Section 157.065 - Notice Of Hearing, First Class Mail
  (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,...

SUBCHAPTER C FAILURE TO APPEAR; BOND OR SECURITY

• Texas Section 157.066 - Failure To Appear
  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...
• Texas Section 157.101 - Bond Or Security For Release Of Respondent
  (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,...
• Texas Section 157.102 - Capias Or Warrant; Duty Of Law Enforcement Officials
  Law enforcement officials shall treat a capias or arrest warrant ordered under this chapter in the same manner as an arrest warrant for a criminal...
• Texas Section 157.103 - Capias Fees
  (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....
• Texas Section 157.104 - Conditional Release
  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...
• Texas Section 157.105 - Release Hearing
  (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...
• Texas Section 157.106 - Cash Bond As Support
  (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...
• Texas Section 157.107 - Appearance Bond Or Security Other Than Cash Bond As Support
  (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...
• Texas Section 157.108 - Cash Bond As Property Of Respondent
  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...
• Texas Section 157.109 - Security For Compliance With Order
  (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...
• Texas Section 157.110 - Forfeiture Of Security For Failure To Comply With Order
  (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...
• Texas Section 157.111 - Forfeiture Not Defense To Contempt
  The forfeiture of bond or security is not a defense in a contempt proceeding. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff....
• Texas Section 157.112 - Joinder Of Forfeiture And Contempt Proceedings
  A motion for enforcement requesting contempt may be joined with a forfeiture proceeding. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April...
• Texas Section 157.113 - Application Of Bond Pending Writ
  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...
• Texas Section 157.114 - Failure To Appear
  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...

SUBCHAPTER D HEARING AND ENFORCEMENT ORDER

• Texas Section 157.115 - Default Judgment
  (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...
• Texas Section 157.161 - Record
  (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...
• Texas Section 157.162 - Proof
  (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...
• Texas Section 157.163 - Appointment Of Attorney
  (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...
• Texas Section 157.164 - Payment Of Appointed Attorney
  (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...
• Texas Section 157.165 - Probation Of Contempt Order
  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...
• Texas Section 157.166 - Contents Of Enforcement Order
  (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...
• Texas Section 157.167 - Respondent To Pay Attorney's Fees And Costs
  (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...

SUBCHAPTER E COMMUNITY SUPERVISION

• Texas Section 157.168 - Additional Periods Of Possession Or Access
  (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....
• Texas Section 157.211 - Conditions Of Community Supervision
  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...
• Texas Section 157.212 - Term Of Community Supervision
  The initial period of community supervision may not exceed 10 years. The court may continue the community supervision beyond 10 years until the earlier of:...
• Texas Section 157.213 - Community Supervision Fees
  (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...
• Texas Section 157.214 - Motion To Revoke Community Supervision
  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...
• Texas Section 157.215 - Arrest For Alleged Violation Of Community Supervision
  (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,...
• Texas Section 157.216 - Hearing On Motion To Revoke Community Supervision
  (a) The court shall hold a hearing without a jury not later than the third working day after the date the respondent is arrested under...

SUBCHAPTER F JUDGMENT AND INTEREST

• Texas Section 157.217 - Discharge From Community Supervision
  (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...
• Texas Section 157.261 - Unpaid Child Support As Judgment
  (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....
• Texas Section 157.263 - Confirmation Of Arrearages
  (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...
• Texas Section 157.264 - Enforcement Of Judgment
  (a) A money judgment rendered as provided in this subchapter or a judgment for retroactive child support rendered under Chapter 154 may be enforced by...
• Texas Section 157.265 - Accrual Of Interest On Child Support
  (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...
• Texas Section 157.266 - Date Of Delinquency
  (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...
• Texas Section 157.267 - Interest Enforced As Child Support
  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...
• Texas Section 157.268 - Application Of Child Support Payment
  Child support collected shall be applied in the following order of priority: (1) current child support; (2) non-delinquent child support owed; (3) the principal amount...
• Texas Section 157.269 - Retention Of Jurisdiction
  A court that renders an order providing for the payment of child support retains continuing jurisdiction to enforce the order, including by adjusting the amount...

SUBCHAPTER G CHILD SUPPORT LIEN

• Texas Section 157.269 - Retention Of Jurisdiction
  A court that renders an order providing for the payment of child support retains continuing jurisdiction to enforce the order, including by adjusting the amount...
• Texas Section 157.311 - Definitions
  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,...
• Texas Section 157.312 - General Provisions
  (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...
• Texas Section 157.313 - Contents Of Child Support Lien Notice
  (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...
• Texas Section 157.314 - Filing Lien Notice Or Abstract Of Judgment; Notice To Obligor
  (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...
• Texas Section 157.3145 - Service On Financial Institution
  (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...
• Texas Section 157.315 - Recording And Indexing Lien
  (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...
• Texas Section 157.316 - Perfection Of Child Support Lien
  (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...
• Texas Section 157.317 - Property To Which Lien Attaches
  (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...
• Texas Section 157.3171 - Release Of Lien On Homestead Property
  (a) An obligor who believes that a child support lien has attached to real property of the obligor that is the obligor's homestead, as defined...
• Texas Section 157.318 - Duration And Effect Of Child Support Lien
  (a) Subject to Subsection (d), a lien is effective until all current support and child support arrearages, including interest, any costs and reasonable attorney's fees,...
• Texas Section 157.319 - Effect Of Lien Notice
  (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...
• Texas Section 157.320 - Priority Of Lien As To Real Property
  (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...
• Texas Section 157.321 - Discretionary Release Of Lien
  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...
• Texas Section 157.322 - Mandatory Release Of Lien
  (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...
• Texas Section 157.323 - Foreclosure Or Suit To Determine Arrearages
  (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...
• Texas Section 157.324 - Liability For Failure To Comply With Order Or Lien
  A person who knowingly disposes of property subject to a child support lien or who, after a foreclosure hearing, fails to surrender on demand nonexempt...
• Texas Section 157.325 - Release Of Excess Funds To Debtor Or Obligor
  (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...
• Texas Section 157.326 - Interest Of Obligor's Spouse Or Another Person Having Ownership Interest
  (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...
• Texas Section 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...
• Texas Section 157.3271 - Levy On Financial Institution Account Of Deceased Obligor
  (a) Subject to Subsection (b), the Title IV-D agency may, not earlier than the 90th day after the date of death of an obligor in...
• Texas Section 157.328 - Notice Of Levy Sent To Obligor
  (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...
• Texas Section 157.329 - No Liability For Compliance With Notice Of Levy
  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...
• Texas Section 157.330 - Failure To Comply With Notice Of Levy
  (a) A person who possesses or has a right to property that is the subject of a notice of levy delivered to the person and...

SUBCHAPTER H HABEAS CORPUS

• Texas Section 157.331 - Additional Levy To Satisfy Arrearages
  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...
• Texas Section 157.371 - Jurisdiction
  (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...
• Texas Section 157.372 - Return Of Child
  (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...
• Texas Section 157.373 - Relator Relinquished Possession; Temporary Orders
  (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...
• Texas Section 157.374 - Welfare Of Child
  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...
• Texas Section 157.375 - Immunity To Civil Process
  (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...

SUBCHAPTER I CLARIFICATION OF ORDERS

• Texas Section 157.376 - No Existing Order
  (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...
• Texas Section 157.421 - Clarifying Nonspecific Order
  (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...
• Texas Section 157.422 - Procedure
  (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...
• Texas Section 157.423 - Substantive Change Not Enforceable
  (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...
• Texas Section 157.424 - Relation To Motion For Contempt
  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...
• Texas Section 157.425 - Order Not Retroactive
  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....
• Texas Section 157.426 - Time Allowed To Comply
  (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...

Last modified: September 28, 2016