HBA-CBW H.B. 336 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 336 By: West, George "Buddy" Juvenile Justice & Family Issues 4/1/2001 Introduced BACKGROUND AND PURPOSE Under current law, the court does not require that an oblige (custodial parent) establish a separate child support account to receive payments from the obligor (noncustodial parent). In some cases, the money is given to the custodial parent from the noncustodial parent with the sole intent of supporting the child, but often the money is spent on things other than the child. House Bill 336 requires that the court order the custodial parent to open a separate child support account with a financial institution solely for the purpose of receiving and using child support payments and gives the custodial and noncustodial parent access to the account records and statements. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 336 amends the Family Code to require the court to order the obligee to open a separate child support account with a financial institution solely for the receipt and use of child support payments if the amount of the monthly payments are equal to or greater than $600. The bill requires the court to provide in the order that the account is established in compliance with these provisions. If the court orders the child support payment to the office of the attorney general, a local registry, or the state disbursement unit, the bill requires the corresponding entity to electronically transfer the child support payments to the financial institution for placement in the separate child support account. The bill requires the obligee to notify the obligor and the office of the attorney general, local registry, or state disbursement unit on or before the date the first payment is due that the obligee has opened a separate child support account. The bill requires the obligee to furnish the obligor and the office of the attorney general, local registry, or state disbursement unit with the name of the financial institution and the account number. The bill provides that the obligor is responsible for the costs of the separate child support account, and that the obligee and obligor each have access to the account records and statements. Finally, the bill establishes that such records and statements are subject to subpoena. EFFECTIVE DATE September 1, 2001.