HBA-CBW H.B. 336 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 336
By: West, George "Buddy"
Juvenile Justice & Family Issues
4/1/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, the court does not require that an oblige (custodial
parent) establish a separate child support account to receive payments from
the obligor (noncustodial parent).  In some cases,  the money is given to
the custodial parent  from the noncustodial parent with the sole intent of
supporting the child, but often the money is spent on things other than the
child. House Bill 336 requires that the court order the custodial parent to
open a separate child support account with a financial institution solely
for the purpose of receiving and using child support payments and gives the
custodial and noncustodial parent access to the account records and
statements. 

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. 

ANALYSIS

House Bill 336 amends the Family Code to require the court to order the
obligee to open a separate child support account with a financial
institution solely for the receipt and use of child support payments if the
amount of the monthly payments are equal to or greater than $600.  The bill
requires the court to provide in the order that the account is established
in compliance with these provisions.  If the court orders the child support
payment to the office of the attorney general, a local registry, or the
state disbursement unit, the bill requires the corresponding entity to
electronically transfer the child support payments to the financial
institution for placement in the separate child support account.  The bill
requires the obligee to notify the obligor and the office of the attorney
general, local registry, or state disbursement unit on or before the date
the first payment is due that the obligee has opened a separate child
support account. The bill requires the obligee to furnish the obligor and
the office of the attorney general, local registry, or state disbursement
unit with the name of the financial institution and the account number. The
bill provides that the obligor is responsible for the costs of the separate
child support account, and that the obligee and obligor each have access to
the account records and statements. Finally, the bill establishes that such
records and statements are subject to subpoena. 

EFFECTIVE DATE

September 1, 2001.