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.