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This Court Has Jurisdiction to Determine Arrearages when Lien, Levy or Writ is Contested – A Single Cumulative Judgment Jurisdiction Not Required.

When a child support lien, levy or a judicial or administrative writ of income withholding is timely contested, the Legislature gave the court jurisdiction and empowered the court to make a determination of arrearages for the benefit of the party contesting the arrearages, which is the obligor.  The only judgment the obligee needs to issue liens and writs of income withholding is the divorce judgment.

When a timely contest to the amount of arrearages stated in a child support lien occurs, the Legislature gave the court jurisdiction and empowered the court to make a determination of arrearages. Tex. Fam. Code §§157.323(c), 157.318. Texas Family Code §157.323 states “[i]n addition to any other remedy provided by law,” in an action to “dispute the amount of arrearages stated in the child support lien”, “the court shall (1) render judgment against the obligor for the amount due, plus costs and reasonable attorney’s fees.” Tex. Fam. Code §§157.323(a), (c)(1). This determination of arrearages is not dependent on, pursuant to or limited in any way by §157.005(b).

Additionally, §157.323 provides that the obligee can file a foreclosure action on a child support lien, which will result in a levy on any property subject to a child support lien. Tex. Fam. Code §157.323(c)(2).

When a timely contest to the amount of arrearages stated in a Notice of Application for Judicial Writ of Withholding occurs, the Legislature gave the court jurisdiction and empowered the court to make a determination of arrearages. Tex. Fam. Code §158.309(c). Section 158.309 of the Family Code requires that, upon a hearing, the trial “court shall: (1) render an order for income withholding that includes a determination of the amount of the child support arrearages . . . ” Tex. Fam. Code §158.309(c)(1). This determination of arrearages is not dependent on, pursuant to or limited in any way by §157.005(b). A.D., 73 S.W.3d at 246; In Re Cannon, 993 S.W.2d at 356.

When an obligor timely contests the amount of arrearages stated in an administrative writ of withholding (issued by the Title IV-D agency) under §158.506, the Legislature gave the court jurisdiction and empowered the court to make a determination of arrearages. Tex. Fam. Code §158.506. This determination of arrearages is not dependent on, pursuant to or limited in any way by §157.005(b). The arrearages in A.D. were determined to be $41,000 even though there was no jurisdiction to determine arrearages pursuant to a cumulative judgment  A.D., 73 S.W.3d at 247.

Section 157.005(b) specifically applies and is specifically limited to “a single cumulative judgment” and no other remedy. A.D., 73 S.W.3d at 246; S.C.S., 48 S.W.3d at 834; Cannon, 993 S.W.2d at 356; Digges, 981 S.W.2d at 446. Section 157.005(b) does not limit the court’s jurisdiction on child support liens, levies or writs of income withholding. Child Support 2 Collect

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