Texas § FA.157.323 - FORECLOSURE OR SUIT TO DETERMINE ARREARAGES

§ FA.157.323. FORECLOSURE OR SUIT TO DETERMINE ARREARAGES

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.