Sec. 157.312. GENERAL PROVISIONS. (a) A claimant may enforce child support by a lien as provided in this subchapter.
(b) The remedies provided by this subchapter do not affect the availability of other remedies provided by law.
(c) The lien is in addition to any other lien provided by law.
(d) A child support lien arises by operation of law against real and personal property of an obligor for all amounts of child support due and owing, including any accrued interest, regardless of whether the amounts have been adjudicated or otherwise determined, subject to the requirements of this subchapter for perfection of the lien.
(e) A child support lien arising in another state may be enforced in the same manner and to the same extent as a lien arising in this state.
(f) A foreclosure action under this subchapter is not required as a prerequisite to levy and execution on a judicial or administrative determination of arrearages as provided by Section 157.327.
(g) A child support lien under this subchapter may not be directed to an employer to attach to the disposable earnings of an obligor paid by the employer.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 20, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 19, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 610, Sec. 6, eff. Sept. 1, 2003.
Notes of Decisions
Cited in
13
cases (
1 in the last 5 years), 1999–2021 · leading case:
In the Interest of C.A.T., 316 S.W.3d 202 (Tex. App. 2010).
In the Interest of C.A.T., 316 S.W.3d 202 (Tex. App. 2010).
· cites it 7× “” Tex. Fam. Code Ann. § 157.312 (g). Claiming the OAG had seized 100% of his disposable earnings, Father alleged in his motion he was unable to pay his taxes, suppliers, and other business-related expenses.”
Spates v. Off. of Attorney Gen., 485 S.W.3d 546 (Tex. App. 2016).
“See Tex. Fam.Code § 157.312(b) (“The remedies provided by this subchapter do not affect the availability of other remedies provided by law.”
Herzfeld v. Herzfeld, 285 S.W.3d 122 (Tex. App. 2009).
“Tex. Fam.Code Ann. § 157.312(d) (Vernon 2008) (emphasis supplied).”
In Re Rct, 294 S.W.3d 238 (Tex. App. 2009).
· cites it 4× “TEX. FAM. CODE ANN. § 157.312(b), (c) (Vernon Supp.”
United States v. Brosseau, 446 F. Supp. 2d 659 (N.D. Tex. 2006).
· cites it 2× “Tex. Family Code Ann. § 157.312 (d). The lien is perfected when it is properly filed or delivered.”
In Re Cat, 316 S.W.3d 202 (Tex. App. 2010).
· cites it 7× “TEX. FAM.CODE ANN. § 157.312(d) (providing child-support lien "arises by operation of law"); id.”
in Re Jakesia Sade Celestine (Tex. App. 2014).
“” Nevertheless, the trial court deemed the payment of this award “as child support for collection,” and further granted a “withholding order and a child support lien.” The withholding order is 10 prohibited by statute.”
— Tex. Fam. Code § 157.312(b) — 3 cases
Spates v. Off. of Attorney Gen., 485 S.W.3d 546 (Tex. App. 2016).
“See Tex. Fam.Code § 157.312(b) (“The remedies provided by this subchapter do not affect the availability of other remedies provided by law.”
In Re Rct, 294 S.W.3d 238 (Tex. App. 2009).
“TEX. FAM. CODE ANN. § 157.312(b), (c) (Vernon Supp.”
— Tex. Fam. Code § 157.312(d) — 7 cases
Herzfeld v. Herzfeld, 285 S.W.3d 122 (Tex. App. 2009).
“Tex. Fam.Code Ann. § 157.312(d) (Vernon 2008) (emphasis supplied).”
In Re Rct, 294 S.W.3d 238 (Tex. App. 2009).
“TEX. FAM. CODE ANN. § 157.312(b), (c) (Vernon Supp.”
In the Interest of C.A.T., 316 S.W.3d 202 (Tex. App. 2010).
“” Tex. Fam. Code Ann. § 157.312 (g). Claiming the OAG had seized 100% of his disposable earnings, Father alleged in his motion he was unable to pay his taxes, suppliers, and other business-related expenses.”
— Tex. Fam. Code § 157.312(g) — 2 cases
In the Interest of C.A.T., 316 S.W.3d 202 (Tex. App. 2010).
“” Tex. Fam. Code Ann. § 157.312 (g). Claiming the OAG had seized 100% of his disposable earnings, Father alleged in his motion he was unable to pay his taxes, suppliers, and other business-related expenses.”
In Re Cat, 316 S.W.3d 202 (Tex. App. 2010).
“TEX. FAM.CODE ANN. § 157.312(d) (providing child-support lien "arises by operation of law"); id.”
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