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
  may petition the court for a qualified domestic relations order or
  similar order in an original suit or in an action for enforcement of
  the maintenance order under this chapter.
         (b)  Each party whose rights may be affected by the petition
  is entitled to receive notice.
         Sec. 8.353.  TEMPORARY ORDERS. (a)  While a suit for a
  qualified domestic relations order or similar order is pending or
  during an appeal of an enforcement order, and on the motion of a
  party or on the court's own motion after notice and hearing, the
  court may render an appropriate order, including the granting of a
  temporary restraining order and temporary injunction, for the
  preservation of the pension, retirement plan, or other employee
  benefits and protection of the parties as the court considers
  necessary.
         (b)  An order under this section is not subject to
  interlocutory appeal.
         Sec. 8.354.  DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. If a
  plan administrator or other person acting in an equivalent capacity
  determines that a domestic relations order does not satisfy the
  requirements of a qualified domestic relations order or similar
  order, the court retains continuing jurisdiction over the parties
  to the extent necessary to render a qualified domestic relations
  order.
         Sec. 8.355.  AMENDMENT OF QUALIFIED DOMESTIC RELATIONS
  ORDER. (a) A court that renders a qualified domestic relations
  order or similar order retains continuing jurisdiction:
               (1)  to amend the order to correct the order, clarify
  the terms of the order, or add language to the order to provide for
  the collection of maintenance;
               (2)  to convert the amount or frequency of payments
  under the order to a formula that is in compliance with the terms of
  the pension, retirement plan, or employee benefit plan; or
               (3)  to vacate or terminate the order.
         (b)  An amended domestic relations order or similar order
  under this section must be submitted to the plan administrator or
  other person acting in an equivalent capacity to determine whether
  the amended order satisfies the requirements of a qualified
  domestic relations order or similar order.  Section 8.354 applies
  to an order amended under this section.
         Sec. 8.356.  LIBERAL CONSTRUCTION. The court shall
  liberally construe this subchapter to effect payment of pension,
  retirement plan, or other employee benefits for the satisfaction of
  the obligor's maintenance obligation.
         Sec. 8.357.  ATTORNEY'S FEES AND COSTS. (a) In a proceeding
  under this subchapter, the court may order the obligor to pay
  reasonable attorney's fees incurred by a party to obtain the order,
  all court costs, and all fees charged by a plan administrator for
  the qualified domestic relations order or similar order.
         (b)  Fees and costs ordered under this section may be
  enforced by any means available for the enforcement of a judgment
  for debt.
         Sec. 8.358.  DIRECT PAYMENT.  Payments under a qualified
  domestic relations order under this subchapter may be made by
  direct payment or other method ordered by the court.
         Sec. 8.359.  CONFLICTS WITH OTHER LAW. (a) To the extent of
  a conflict between this subchapter and Chapter 804, Government
  Code, Chapter 804, Government Code, prevails.
         (b)  To the extent of a conflict between this subchapter and
  federal law, the federal law prevails.
         SECTION 4.  Section 154.003, Family Code, is amended to read
  as follows:
         Sec. 154.003.  MANNER OF PAYMENT. The court may order that
  child support be paid by:
               (1)  periodic payments;
               (2)  a lump-sum payment;
               (3)  an annuity purchase;
               (4)  the setting aside of property to be administered
  for the support of the child as specified in the order; [or]
               (5)  pension, retirement, or other employee benefits in
  accordance with an enforceable qualified domestic relations order
  or similar order under Subchapter J, Chapter 157; or
               (6)  any combination of periodic payments, lump-sum
  payments, annuity purchases, or setting aside of property.
         SECTION 5.  Chapter 157, Family Code, is amended by adding
  Subchapter J to read as follows:
  SUBCHAPTER J. CHILD SUPPORT QUALIFIED DOMESTIC RELATIONS ORDER
         Sec. 157.501.  JURISDICTION FOR QUALIFIED DOMESTIC
  RELATIONS ORDER.  (a)  The court that rendered an order for the
  payment of child support, or the court that obtains jurisdiction to
  enforce a child support order under Chapter 159, 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 support amounts due under the child support
  order. A child support order includes a temporary or final order for
  child support, medical support, or dental support 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 support due under the
  child support order, including arrearages and interest, has been
  paid.
         Sec. 157.502.  PROCEDURE.  (a)  A party to a child support
  order, or the Title IV-D agency in a Title IV-D case, may petition
  the court for a qualified domestic relations order or similar order
  in an original suit or in an action for child support enforcement
  under this chapter.
         (b)  Each party whose rights may be affected by the petition
  is entitled to receive notice under Subchapter B.
         Sec. 157.503.  TEMPORARY ORDERS. (a)  While a suit for a
  qualified domestic relations order or similar order is pending or
  during an appeal of an enforcement order, and on the motion of a
  party or on the court's own motion after notice and hearing, the
  court may render an appropriate order, including the granting of a
  temporary restraining order and temporary injunction, for the
  preservation of the pension, retirement plan, or other employee
  benefits and protection of the parties as the court considers
  necessary.
         (b)  An order under this section is not subject to
  interlocutory appeal.
         Sec. 157.504.  DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. If
  a plan administrator or other person acting in an equivalent
  capacity determines that a domestic relations order does not
  satisfy the requirements of a qualified domestic relations order or
  similar order, the court retains continuing jurisdiction over the
  parties to the extent necessary to render a qualified domestic
  relations order.
         Sec. 157.505.  AMENDMENT OF QUALIFIED DOMESTIC RELATIONS
  ORDER. (a) A court that renders a qualified domestic relations
  order or similar order retains continuing jurisdiction:
               (1)  to amend the order to correct the order, clarify
  the terms of the order, or add language to the order to provide for
  the collection of child support;
               (2)  to convert the amount or frequency of payments
  under the order to a formula that is in compliance with the terms of
  the pension, retirement plan, or employee benefit plan; or
               (3)  to vacate or terminate the order.
         (b)  An amended domestic relations order or similar order
  under this section must be submitted to the plan administrator or
  other person acting in an equivalent capacity to determine whether
  the amended order satisfies the requirements of a qualified
  domestic relations order or similar order. Section 157.504 applies
  to an order amended under this section.
         Sec. 157.506.  LIBERAL CONSTRUCTION. The court shall
  liberally construe this subchapter to effect payment of pension,
  retirement plan, or other employee benefits for the satisfaction of
  the obligor's child support obligation.
         Sec. 157.507.  ATTORNEY'S FEES AND COSTS. (a) In a
  proceeding under this subchapter, the court may order the obligor
  to pay reasonable attorney's fees incurred by a party to obtain the
  order, all court costs, and all fees charged by a plan administrator
  for the qualified domestic relations order or similar order.
         (b)  Fees and costs ordered under this section may be
  enforced by any means available for the enforcement of child
  support, including contempt.
         Sec. 157.508.  CONFLICTS WITH OTHER LAW. (a) To the extent
  of a conflict between this subchapter and Chapter 804, Government
  Code, Chapter 804, Government Code, prevails.
         (b)  To the extent of a conflict between this subchapter and
  federal law, the federal law prevails.
         SECTION 6.  (a) The changes in law made by this Act to
  Chapters 8, 154, and 157, Family Code, apply to an order for
  maintenance under Chapter 8, Family Code, or for child support
  under Chapter 154, Family Code, as applicable, regardless of
  whether the order was rendered before, on, or after the effective
  date of this Act.
         (b)  The enactment of this Act does not constitute a material
  and substantial change of circumstances sufficient to warrant
  modification of a court order or portion of a decree that provides
  for maintenance or child support rendered before the effective date
  of this Act.
         SECTION 7.  This Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 867 was passed by the House on March
  25, 2021, by the following vote:  Yeas 145, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 867 was passed by the Senate on May 6,
  2021, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor