FAMILY CODE

TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP

SUBTITLE A. GENERAL PROVISIONS

CHAPTER 110. COURT FEES

Sec. 110.001.  GENERAL RULE.  Except as provided by this chapter, fees in a matter covered by this title shall be as in civil cases generally.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Sec. 110.002.  FILING FEES AND DEPOSITS.
(a)  The clerk of the court may collect a filing fee of $80 in a suit for filing:
(1)  a suit or motion for modification;
(2)  a motion for enforcement;
(3)  a notice of application for judicial writ of withholding;
(4)  a petition for license suspension;
(5)  a motion to revoke a stay of license suspension; or
(6)  a motion for contempt.
(b)  No other filing fee may be collected or required for an action described in this section.
(c)  The clerk may collect a deposit as in other cases, in the amount set by the clerk for payment of expected costs and other expenses arising in the proceeding.
(d)  Fees collected under this section are to be remitted and allocated as provided by Chapters 133 and 135, Local Government Code, as applicable.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 8, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 976, Sec. 6, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 268, Sec. 1, eff. Sept. 1, 2003.
Amended by: 
Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 9, eff. January 1, 2024.

Sec. 110.003.  NO SEPARATE OR ADDITIONAL FILING FEE.  The clerk of the court may not require:
(1)  a separate filing fee in a suit joined with a suit for dissolution of marriage under Title 1;  or
(2)  an additional filing fee if more than one form of relief is requested in a suit.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Sec. 110.004.  FEE FOR ISSUING AND DELIVERING WITHHOLDING ORDER OR WRIT.  The clerk of the court may charge a reasonable fee, not to exceed $15, for each order or writ of income withholding issued by the clerk and delivered to an employer.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 9, eff. Sept. 1, 1997.

Sec. 110.005.  TRANSFER FEE.  (a)  The fee for filing a transferred case is $80 payable to the clerk of the court to which the case is transferred.  Fees collected under this section are to be remitted and allocated as provided by Chapters 133 and 135, Local Government Code, as applicable.
(b)  A party may not be assessed any other fee, cost, charge, or expense by the clerk of the court or other public official in connection with filing of the transferred case.
(c)  The fee limitation in this section does not affect a fee payable to the court transferring the case.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by: 
Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 10, eff. January 1, 2024.

Sec. 110.006.  DOMESTIC RELATIONS OFFICE OPERATIONS FEES AND CHILD SUPPORT SERVICE FEES.  (a)  If an administering entity of a domestic relations office adopts an initial operations fee under Section 203.005(a)(1), the clerk of the court shall:
(1)  collect the operations fee at the time the original suit, motion for modification, or motion for enforcement, as applicable, is filed; and
(2)  send the fee to the domestic relations office.
(b)  If an administering entity of a domestic relations office adopts an initial child support service fee under Section 203.005(a)(2), the clerk of the court shall:
(1)  collect the child support service fee at the time the original suit is filed; and
(2)  send the fee to the domestic relations office.
(c)  The fees described by Subsections (a) and (b) are not filing fees for purposes of Section 110.002 or 110.003.
Added by Acts 1997, 75th Leg., ch. 702, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 556, Sec. 5, eff. Sept. 1, 1999.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 3, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1035 (H.B. 4424), Sec. 1, eff. June 19, 2009.