87(R) HB 867 - Enrolled version - Bill Text

	H.B.  No.  867

	AN ACT
	relating to the issuance of a qualified domestic relations order
	for the payment of spousal maintenance and child support
	obligations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Sections 8.057(a), (b), and (c), Family Code,
	are amended to read as follows:
	(a)    The amount of maintenance specified in a court order or
	the portion of a decree that provides for the maintenance [support]
	of a former spouse may be modified [reduced] by the filing of a
	motion in the court that originally rendered the order. A party
	affected by the order or the portion of the decree to be modified
	may file the motion.
	(b)    Notice of a motion to modify maintenance or to establish
	or modify a maintenance qualified domestic relations order under
	Subchapter H and the response to the motion, if any, are governed by
	the Texas Rules of Civil Procedure applicable to the filing of an
	original lawsuit.  Notice must be given by service of citation, and
	a response must be in the form of an answer due on or before 10 a.m.
	of the first Monday after 20 days after the date of service.  A court
	shall set a hearing on the motion in the manner provided by Rule
	245, Texas Rules of Civil Procedure.
	(c)    After a hearing, the court may modify an original or
	modified order or portion of a decree providing for maintenance or a
	maintenance qualified domestic relations order under Subchapter H
	on a proper showing of a material and substantial change in
	circumstances that occurred after the date of the order or decree,
	including circumstances reflected in the factors specified in
	Section 8.052, relating to either party or to a child of the
	marriage described by Section 8.051(2)(C)[, if applicable]. The
	court:
	(1)    shall apply the modification only to payment
	accruing after the filing of the motion to modify; and
	(2)    may not increase maintenance to an amount or
	duration that exceeds the amount or remaining duration of the
	original maintenance order.
	SECTION  2.    Section 8.059(b), Family Code, is amended to
	read as follows:
	(b)    On the suit to enforce by an obligee, the court may
	render judgment against a defaulting party for the amount of
	arrearages after notice by service of citation, answer, if any, and
	a hearing finding that the defaulting party has failed or refused to
	comply with the terms of the order.  The judgment may be enforced by
	any means available for the enforcement of judgment for debts,
	including by an order or writ of withholding and a maintenance
	qualified domestic relations order under Subchapter H.
	SECTION  3.    Chapter 8, Family Code, is amended by adding
	Subchapter H to read as follows:
	SUBCHAPTER H.  MAINTENANCE QUALIFIED DOMESTIC RELATIONS ORDER
	Sec.  8.351.    JURISDICTION FOR QUALIFIED DOMESTIC RELATIONS
	ORDER.  (a)  The court that rendered an order for the payment of
	maintenance, or the court that obtains jurisdiction to enforce a
	maintenance order, has continuing jurisdiction to render
	enforceable qualified domestic relations orders or similar orders
	permitting payment of pension, retirement plan, or other employee
	benefits to an alternate payee or other lawful payee to satisfy
	amounts due under the maintenance order. A maintenance order
	includes a temporary or final order for maintenance and arrears and
	interest with respect to that order.
	(b)    Unless prohibited by federal law, a suit seeking a
	qualified domestic relations order or similar order under this
	subchapter applies to a pension, retirement plan, or other employee
	benefit, regardless of whether the pension, retirement plan, or
	other employee benefit:
	(1)    is private, state, or federal;
	(2)    is subject to another qualified domestic relations
	order or similar order;
	(3)    is property that is the subject of a pending
	proceeding for dissolution of a marriage;
	(4)    is property disposed of in a previous decree for
	dissolution of a marriage; or
	(5)    is the subject of an agreement under Chapter 4.
	(c)    A court described by Subsection (a) retains
	jurisdiction to render a qualified domestic relations order or
	similar order under this subchapter until all maintenance due under
	the maintenance order, including arrearages and interest, has been
	paid.
	Sec.  8.352.    PROCEDURE.    (a)  A party to a maintenance order