HBA-JRA H.B. 832 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 832
By: Bosse
Juvenile Justice & Family Issues
3/2/1999
Introduced


BACKGROUND AND PURPOSE 

Currently, the Texas Family Code requires a managing conservator to notify
the paying conservator 60 days before a change of mailing address is made.
However, if notice is not given, the paying conservator is still
responsible for payment of child support.  Under this system, a managing
conservator may be able to manipulate the system in certain situations and
a paying conservator may not be able to serve the managing conservator for
a change in payment if the whereabouts of the managing conservator are not
known.  H.B. 832 suspends the requirement to pay child support, if a
managing conservator does not notify the paying conservator within the
prescribed time, until 30 days after proper notification is made. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 105.006(e), Family Code, to add to the notice
that must be included in a suit ordering child support or possession of or
access to a child the provision that failure by a party entitled to receive
child support to provide the party required to pay child support with a
change in the obligee's mailing address may result in suspension of the
obligor's obligation to pay child support. 

SECTION 2.  Amends Chapter 157, Family Code,  by adding Subchapter J, as
follows: 

SUBCHAPTER J.  FAILURE TO NOTIFY

Sec. 157.471.  SUSPENSION OF CHILD SUPPORT.  (a)  Suspends the requirement
that an obligor pay child support from the date the obligor discovers the
failure of the obligee to notify the obligor of a change of mailing address
to the date the obligor is notified of the obligee's mailing address, if
the period exceeds the time allowed for notification prescribed by Section
105.007 (Compliance with Order Requiring Notice of Change of Required
Information), notwithstanding Subchapter F (Judgment and Interest). 

(b)  Provides that the obligor remains liable for and is required to pay
any child support that becomes due during the above period within 30 days
of receiving notice of a change in the obligee's mailing address.  Provides
that interest begins to accrue on any child support payment on the 31st day
after the obligor receives notice. 

(c)  Provides that this section does not apply to an order providing child
support requiring payments to be made through the Title IV-D agency or any
other entity that provides child support services, or waiving the
requirement to provide notice of a change of mailing address. 

SECTION 3.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 4.  Emergency clause.