Texas § FA.157.327 - EXECUTION AND LEVY ON FINANCIAL ASSETS OF OBLIGOR

§ FA.157.327. EXECUTION AND LEVY ON FINANCIAL ASSETS OF OBLIGOR

EXECUTION AND LEVY ON FINANCIAL ASSETS OF OBLIGOR. (a) Notwithstanding any other provision of law, if a judgment or administrative determination of arrearages has been rendered, a claimant may deliver a notice of levy to any financial institution possessing or controlling assets or funds owned by, or owed to, an obligor and subject to a child support lien, including a lien for child support arising in another state. (b) The notice under this section must: (1) identify the amount of child support arrearages owing at the time the amount of arrearages was determined or, if the amount is less, the amount of arrearages owing at the time the notice is prepared and delivered to the financial institution; and (2) direct the financial institution to pay to the claimant, not earlier than the 15th day or later than the 21st day after the date of delivery of the notice, an amount from the assets of the obligor or from funds due to the obligor that are held or controlled by the institution, not to exceed the amount of the child support arrearages identified in the notice, unless: (A) the institution is notified by the claimant that the obligor has paid the arrearages or made arrangements satisfactory to the claimant for the payment of the arrearages; (B) the obligor or another person files a suit under Section 157.323 requesting a hearing by the court; or (C) if the claimant is the Title IV-D agency, the obligor has requested an agency review under Section 157.328 . (c) A financial institution that receives a notice of levy under this section may not close an account in which the obligor has an ownership interest, permit a withdrawal from any account the obligor owns, in whole or in part, or pay funds to the obligor so that any amount remaining in the account is less than the amount of the arrearages identified in the notice, plus any fees due to the institution and any costs of the levy identified by the claimant. (d) A financial institution that receives a notice of levy under this section shall notify any other person having an ownership interest in an account in which the obligor has an ownership interest that the account has been levied on in an amount not to exceed the amount of the child support arrearages identified in the notice of levy. (e) The notice of levy may be delivered to a financial institution as provided by Section 59.008 , Finance Code, if the institution is subject to that law or may be delivered to the registered agent, the institution's main business office in this state, or another address provided by the institution under Section 231.307 . (f) A financial institution may deduct the fees and costs identified in Subsection (c) from the obligor's assets before paying the appropriate amount to the claimant. Added by Acts 2001, 77th Leg., ch. 1023, Sec. 34, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228 ), Sec. 31, eff. September 1, 2007.