Sec. 157.323. FORECLOSURE OR SUIT TO DETERMINE ARREARAGES. (a) In addition to any other remedy provided by law, an action to foreclose a child support lien, to dispute the amount of arrearages stated in the lien, or to resolve issues of ownership interest with respect to property subject to a child support lien may be brought in:
(1) the court in which the lien notice was filed under Section 157.314(b)(1);
(2) the district court of the county in which the property is or was located and the lien was filed; or
(3) the court of continuing jurisdiction.
(b) The procedures provided by Subchapter B apply to a foreclosure action under this section, except that a person or organization in possession of the property of the obligor or known to have an ownership interest in property that is subject to the lien may be joined as an additional respondent.
(c) If arrearages are owed by the obligor, the court shall:
(1) render judgment against the obligor for the amount due, plus reasonable and necessary attorney's fees, court costs, and expenses;
(2) order any official authorized to levy execution to satisfy reasonable and necessary attorney's fees, court costs, expenses, and the lien by selling any property on which a lien is established under this subchapter; or
(3) order an individual or organization in possession of nonexempt personal property or cash owned by the obligor to dispose of the property as the court may direct.
(d) For execution and sale under this section, publication of notice is necessary only for three consecutive weeks in a newspaper published in the county where the property is located or, if there is no newspaper in that county, in the most convenient newspaper in circulation in the county.
(e) The court may order the fees, costs, expenses, and any postjudgment interest under Subsection (c)(1) or (2) to be paid directly to the attorney, who may enforce the order in the attorney's own name by any means available for the enforcement of a judgment for debt.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 11, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 30, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 30, eff. Sept. 1, 2001.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 35, eff. September 1, 2025.
Notes of Decisions
Cited in
17
cases (
2 in the last 5 years), 1999–2025 · leading case:
Isaacs v. Isaacs, 338 S.W.3d 184 (Tex. App.—Houston [14th Dist.] 2011).
Isaacs v. Isaacs, 338 S.W.3d 184 (Tex. App.—Houston [14th Dist.] 2011).
· cites it 2× “See Tex. Fam.Code Ann. §§ 157.323, 158.309. In enforcing Parton’s child-support liens the trial court had jurisdiction to *188 (1) render judgment against the obligor for the amount due, plus costs and reasonable attorney’s fees; (2) order any official authorized to levy…”
in the Interest of C.D.E., a Child, 533 S.W.3d 367 (Tex. App.—Houston [14th Dist.] 2015).
· cites it 2× “Tex. Fam. Code § 157.323(c). The statute does not provide an option authorizing the trial court to vacate or terminate a lien when arrearages are due and owing.”
Granado v. Meza, 360 S.W.3d 613 (Tex. App.—San Antonio 2011).
“See Tex. Fam.Code Ann. § 157.323 (West 2008) (noting obligor may dispute the amount of arrearages stated in the lien and providing that procedures generally applicable to motions for enforcement apply); id.”
in the Interest of R.G., a Minor Child, 362 S.W.3d 118 (Tex. App.—San Antonio 2011).
“See Tex. Fam.Code Ann. § 157.323 (West 2008) (noting obligor may dispute the amount of arrear-ages stated in the lien and providing that procedures generally applicable to motions for enforcement apply); Tex.”
in the Interest of A.W., No. 02-20-00296-CV (Tex. App.—Fort Worth Apr. 14, 2022).
· cites it 2× “Daughter then filed an “Amended Original Answer to [Father’s] Original Answer and Request for Affirmative Relief,” in which she “[p]lead[ed] in the alternative” for a determination of the arrears under Texas Family Code Section 157.323 “and/or” Section 158.”
In re RG, 362 S.W.3d 118 (Tex. App.—San Antonio 2011).
“See TEX. FAM. CODE ANN. § 157.323 (West 2008) (noting obligor may dispute the amount of arrearages stated in the lien and providing that procedures generally applicable to motions for enforcement apply); TEX.”
in the Interest of M.C. & A.C., Minor Child., No. 02-15-00044-CV (Tex. App.—Fort Worth May 12, 2016).
“, Tex. Fam. Code Ann. § 157.323 (West 2014) (setting out automatic remedies in foreclosure of child support liens or suit to determine arrearages); In re C.”
Rose Turner v. Linda Williams, No. 01-17-00494-CV, 2019 WL 922057 (Tex. App.—Houston [1st Dist.] Feb. 26, 2019).
“The notices informed Rose Turner that she could dispute the arrearage and the levy by filing suit under Texas Family Code § 157.323 within ten days of receipt of the notices.”
Tex. Fam. Code § 157.323(a): 2 cases
Isaacs v. Isaacs, 338 S.W.3d 184 (Tex. App.—Houston [14th Dist.] 2011).
“See Tex. Fam.Code Ann. §§ 157.323, 158.309. In enforcing Parton’s child-support liens the trial court had jurisdiction to *188 (1) render judgment against the obligor for the amount due, plus costs and reasonable attorney’s fees; (2) order any official authorized to levy…”
Tex. Fam. Code § 157.323(b): 1 case
Tex. Fam. Code § 157.323(c): 2 cases
in the Interest of C.D.E., a Child, 533 S.W.3d 367 (Tex. App.—Houston [14th Dist.] 2015).
“Tex. Fam. Code § 157.323(c). The statute does not provide an option authorizing the trial court to vacate or terminate a lien when arrearages are due and owing.”
Tex. Fam. Code § 157.323(c)(1): 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.