164 (S.B. (b) An order under this section is not subject to interlocutory appeal. (a) Except as provided by Subsection (e), a child support lien notice must contain: (1) the name and address of the person to whom the notice is being sent; (2) the style, docket or cause number, and identity of the tribunal of this or another state having continuing jurisdiction of the child support action and, if the case is a Title IV-D case, the case number; (3) the full name, address, and, if known, the birth date, driver's license number, social security number, and any aliases of the obligor; (4) the full name and, if known, social security number of the obligee; (5) the amount of the current or prospective child support obligation, the frequency with which current or prospective child support is ordered to be paid, and the amount of child support arrearages owed by the obligor and the date of the signing of the court order, administrative order, or writ that determined the arrearages or the date and manner in which the arrearages were determined; (6) the rate of interest specified in the court order, administrative order, or writ or, in the absence of a specified interest rate, the rate provided for by law; (7) the name and address of the person or agency asserting the lien; (8) the motor vehicle identification number as shown on the obligor's title if the property is a motor vehicle; (9) a statement that the lien attaches to all nonexempt real and personal property of the obligor that is located or recorded in the state, including any property specifically identified in the notice and any property acquired after the date of filing or delivery of the notice; (10) a statement that any ordered child support not timely paid in the future constitutes a final judgment for the amount due and owing, including interest, and accrues up to an amount that may not exceed the lien amount; and. 17, eff. There are different guidelines for calculating child support when payors have limited resources. 3, eff. 1674), Sec. 1023, Sec. Sec. 157.161. The judge in an IV-D Court can also decide if: A citation is a court-issued command for you to appear before the judge in IV-D Court on a certain date and at a certain time. 157.163. A child support order includes a temporary or final order for child support, medical support, or dental support and arrears and interest with respect to that order. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Do not be afraid to speak to the judge. 1023, Sec. Sec. Once they do, you can meet with them to discuss the legal issue you are in court to resolve. * the child is emancipated through marriage, through the removal of disabilities of minority by court order, or by other operation of law; or. If the property or right to property on which a notice of levy has been filed does not produce money sufficient to satisfy the amount of child support arrearages identified in the notice of levy, the claimant may proceed to levy on other property of the obligor until the total amount of child support due is paid. According to the Office of Child Support Enforcement's 2020 Preliminary Report, which includes its most recent data, just over 10 million people under a court order to pay child support, are behind in their payments, with a cumulative total of over $115 billion owed. (4) a statement that it is a cumulative judgment for the amount of child support owed. 20, Sec. Sept. 1, 2001. (b-1) A cumulative money judgment for the amount of medical support owed includes: (1) unpaid medical support not previously confirmed; (2) the balance owed on previously confirmed medical support arrearages or lump sum or retroactive medical support judgments; (3) interest on the medical support arrearages; and. 972 (S.B. Administrative orders have the same force and effect as the orders issued by the Family [] Administrative Appeal: a written request made by the custodial or non-custodial parent for an administrative hearing on an action taken by DCSS. Sept. 1, 2001. If the obligor requests to execute a bond or to post security pending a hearing by an appellate court on a writ, the bond or security on forfeiture shall be payable to the obligee. 972 (S.B. 157.374. Section 669a(d)(1) and includes a depository institution, depository institution holding company as defined by 12 U.S.C. Wait for an Assistant Attorney General (AAG) or a lawyer from the county DRO to call your name. The Command Center is operational 24 hours per day, seven days a week and is comprised of warrant specialist and the Texas Law Enforcement Telecommunications System. Sept. 1, 2003. Sec. For purposes of this subsection, "temporary order" includes a temporary restraining order, standing order, injunction, and any other temporary order rendered by a court. 1023, Sec. (a) A child support lien attaches to all real and personal property not exempt under the Texas Constitution or other law, including: (1) an account in a financial institution; (2) a retirement plan, including an individual retirement account; (3) the proceeds of an insurance policy, including the proceeds from a life insurance policy or annuity contract and the proceeds from the sale or assignment of life insurance or annuity benefits, a claim for compensation, or a settlement or award for the claim for compensation, due to or owned by the obligor; (4) property seized and subject to forfeiture under Chapter 59, Code of Criminal Procedure; and. Bringing a lawyer to represent your interests in IV-D Court is a great idea, and your case may be worked on faster. 157.425. Sec. Amended by Acts 1997, 75th Leg., ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. This article answers frequently asked questions about enforcing your child support orders yourself. September 1, 2007. 610, Sec. May 26, 2009. 157.109. 21, eff. If the person ordered to appear at a show cause hearing does not show up, the court may order a variety of enforcement . Sept. 1, 1999. April 20, 1995. Map & Directions. June 15, 2007. Sec. TexasLawHelp.orgis managed by Texas Legal Services Center, a 501(c)(3) nonprofit organization. Sec. JURISDICTION. 4, eff. 228), Sec. 2, eff. This means the child is the one who ultimately suffers when one parent is not paying child support in Texas. This section does not affect the assignment of rights or subrogation of a claim under Title XIX of the federal Social Security Act (42 U.S.C. 157.321. April 20, 1995. How long it takes to sign in will depend on how many people are scheduled to appear in IV-D Court that day and what time you arrive at the court. (b) The court retains jurisdiction to confirm the total amount of child support, medical support, and dental support arrearages and render cumulative money judgments for past-due child support, medical support, and dental support, as provided by Section 157.263, if a motion for enforcement requesting a money judgment is filed not later than the 10th anniversary after the date: (2) on which the child support obligation terminates under the child support order or by operation of law. 1034, Sec. Contact us today at (832) 210-2669 to speak with a child custody attorney in Texas who has the skill, experience, and willingness to go above and beyond for your case. April 20, 1995. Sec. Child support orders can be established, modified, or terminated by the Family Court or by the Child Support Enforcement Agency. DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. April 20, 1995. (c) In a proceeding under this section, the spouse or other person claiming an ownership interest in the property has the burden to prove the extent of that ownership interest. 508 (H.B. 865), Sec. A Child Support Program. (c) If the court determines that the respondent will not be incarcerated as a result of the proceedings, the court may require a respondent who is indigent to proceed without an attorney. Acts 2007, 80th Leg., R.S., Ch. Sec. Sec. 1, eff. Sec. Contempt can include both civil and criminal penalties that range in severity depending on the infraction. 157.376. (b) A person is not entitled to a jury in a proceeding under this subchapter. 7, eff. 847), Sec. 865), Sec. 20, Sec. 157.508. (2) a suit for damages under Chapter 42. 157.315. 18 U.S.C. The judge will inform you of your right to an attorney when you appear in court for the hearing. Amended by Acts 1997, 75th Leg., ch. You will usually be billed by the court for costs and attorneys fees later. 14, eff. The forfeiture of bond or security is not a defense in a contempt proceeding. Added by Acts 1995, 74th Leg., ch. If you are paying child support (known as the obligor) and have been paying for health insurance premiums for the child, bring evidence of that monthly payment to court. Will I be responsible for attorneys' fees or court costs if I've been found to owe back child support in an enforcement hearing? Free. Acts 2007, 80th Leg., R.S., Ch. If you hire a lawyer, talk to a lawyer familiar with child support enforcement cases. 157.164. 18, eff. 3707 Cypress Creek Parkway, Suite 400. 157.312. 20, Sec. Always bring a form of identification. For this reason, child support issues should be reported to state and local law enforcement authorities. (d-1) The court may conduct a hearing on the issue of indigency through the use of teleconferencing, videoconferencing, or other remote electronic means if the court determines that conducting the hearing in that manner will facilitate the hearing. If a respondent who has been personally served with notice to appear at a hearing does not appear at the designated time, place, and date to respond to a motion for enforcement of an existing court order, regardless of whether the motion is joined with other claims or remedies, the court may not hold the respondent in contempt but may, on proper proof, grant a default judgment for the relief sought and issue a capias for the arrest of the respondent. (b) The notice of hearing need not repeat the allegations contained in the motion for enforcement. Sec. Jan. 1, 2000. A party makes a general appearance for all purposes in an enforcement proceeding if: (1) the party appears at the hearing or is present when the case is called; and. Sec. 1, eff. Acts 2007, 80th Leg., R.S., Ch. 1, eff. (a) Except as provided by Subsection (b), a record of the hearing in a motion for enforcement shall be made by a court reporter or as provided by Chapter 201. 157.263. Child support is to be paid until the child reaches the age of maturity (18) or completes high school. Federal Income Taxes for the past 2 years; Proof of health insurance premiums paid for the child; Proof of payment of child support to the obligee (canceled checks, money order receipts, etc. Sept. 1, 1997. (d) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 157.264. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 2003. Amended by Acts 1997, 75th Leg., ch. Sept. 1, 2001. Click here for step-by-step instructions **. Added by Acts 2001, 77th Leg., ch. ENFORCEMENT OF JUDGMENT. An administrative appeal is a formal hearing that allows an appellant the opportunity to contest actions taken by the Division of Child Support Enforcement. Sept. 1, 2001. PERFECTION OF CHILD SUPPORT LIEN. (d) The notice under this section may be delivered to the last known address of the obligor by first class mail, certified mail, or registered mail. Acts 2007, 80th Leg., R.S., Ch. 508 (H.B. The relator is subject to process and jurisdiction in that court only for the purpose of prosecuting the writ. Sec. 27, eff. (b) A cumulative money judgment for the amount of child support owed includes: (1) unpaid child support not previously confirmed; (2) the balance owed on previously confirmed child support arrearages or lump sum or retroactive child support judgments; (3) interest on the child support arrearages; and. Sec. The AAG or the DRO will call out their name so they can meet and discuss the legal issue. Sec. At the time and date specified on the summons and in the courtroom of the judge who will preside over the matter, the parties will appear with their attorneys. (e) Except as provided by Subsection (c), the court shall appoint an attorney to represent the respondent if the court determines that the respondent is indigent. RESPONDENT TO PAY ATTORNEY'S FEES AND COSTS. 20, Sec. 157.002. (b) Although a habeas corpus proceeding is not a suit affecting the parent-child relationship, the court may refer to the provisions of this title for definitions and procedures as appropriate. Added by Acts 1995, 74th Leg., ch. (2) the motion does not request incarceration and the parties waive the requirement of a record at the time of hearing, either in writing or in open court, and the court approves waiver. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1995. 961 (S.B. (b) Each party whose rights may be affected by the petition is entitled to receive notice under Subchapter B. Sec. (b) A motion for enforcement does not constitute an election of remedies that limits or precludes: (1) the use of any other civil or criminal proceeding to enforce a final order; or. April 20, 1995. (b) Fees and costs ordered under this section may be enforced by any means available for the enforcement of child support, including contempt. The law states that child support can be paid as follows: A lump sum. 157.502. Sec. Respondents with lawyers are usually seen first, no matter when they check in with the clerk. (c) A conveyance of real property by the obligor after a lien notice has been recorded in the county where the real property is located is subject to the lien and may not impair the enforceability of the lien against the real property. . Enforce the court order - Similar to #4, counties will likely assist you in this manner. Establish a Child and Medical Support Order; Provide Options to Pay or Receive Support ; Enforce the Support Order; Change or End a Support Order; How to Apply for Child Support Services A child support case may be opened when the CSEA receives: An application for child support services from either parent or caretaker (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. 6.24, eff. Child support is a duty all parent owe to their children. 1, eff. 23, eff. September 1, 2007. If the AAG or the DRO lawyer says no to your continuance request, tell the AAG or the DRO lawyer that you want to speak directly to the judge. 3121), Sec. Federal Rule on Child Support. April 20, 1995. Sept. 1, 2001. 20, Sec. (a) If the motion to revoke community supervision alleges a prima facie case that the respondent has violated a term or condition of community supervision, the court may order the respondent's arrest by warrant. Sec. 25, eff. (a) A motion for enforcement must, in ordinary and concise language: (1) identify the provision of the order allegedly violated and sought to be enforced; (2) state the manner of the respondent's alleged noncompliance; (3) state the relief requested by the movant; and. Sept. 1, 2001. I am the child's parent (SAPCR). Sept. 1, 1997; Acts 1997, 75th Leg., ch. 7031 Koll Center Pkwy, Pleasanton, CA 94566. For custodial parents seeking to enforce child support obligations against non-paying parents, Pennsylvania offers several resources. Added by Acts 1995, 74th Leg., ch. 946, Sec. (b-3) In rendering a money judgment under this section, the court may not reduce or modify the amount of child support, medical support, or dental support arrearages but, in confirming the amount of arrearages, may allow a counterclaim or offset as provided by this title. Usually not more than six months. (2) has fully complied with the community supervision order. 157.105. 911, Sec. 1, eff. (b) The court shall order the registry to pay the funds from a forfeited bond or security deposit to the obligee or person or entity entitled to receive child support payments in an amount that does not exceed the child support arrearages or, in the case of possession of or access to a child, to the person entitled to possession or access. Sept. 1, 1999. 19, eff. Acts 2011, 82nd Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 1, eff. April 20, 1995. SETTING HEARING. 420, Sec. 420, Sec. Remember:The Office of the Attorney General (OAG) and the Domestic Relations Office (DRO) dont represent either parent. (a) When the court orders the issuance of a capias as provided in this chapter, the court shall also set an appearance bond or security, payable to the obligee or to a person designated by the court, in a reasonable amount. 911, Sec. Sept. 1, 1999; Acts 1999, 76th Leg., ch. NOTICE OF HEARING, FIRST CLASS MAIL. If you are represented by a lawyer, they will check in for you upon arrival. ReadChild Support, Medical Support, & Dental Supportfor more information on these obligations. Digital strategy, design, and development byFour Kitchens. Amended by Acts 1997, 75th Leg., ch. 157.503. If you want to speak with a private attorney, most IV-D judges understand the respondents need for an attorney. Sept. 1, 2001. 943, Sec. Acts 2015, 84th Leg., R.S., Ch. (a) On receipt of a child support lien notice, the county clerk shall immediately record the notice in the county judgment records as provided in Chapter 52, Property Code. Added by Acts 1995, 74th Leg., ch. RETURN OF CHILD. It also: provides services to children and families in their own homes; contracts with other agencies to provide clients with specialized services; places children in foster care; provides services to help youth in foster care make the transition to adulthood; and places children in adoptive homes. A possession and access order, with holidays and vacations included, needs to be established. If your income has recently changed, you must show evidence of that change. 1, eff. (d) An obligor who has provided actual support to the child during a time subject to an affirmative defense under this section may request reimbursement for that support as a counterclaim or offset against the claim of the obligee. (2) the date on which all child support, including arrearages and interest, has been paid. 1, eff. 6, eff. Section 601 et seq. SERVICE ON FINANCIAL INSTITUTION. 20, Sec. (b) An amended domestic relations order or similar order under this section must be submitted to the plan administrator or other person acting in an equivalent capacity to determine whether the amended order satisfies the requirements of a qualified domestic relations order or similar order. September 1, 2007. 767 (S.B. 1, eff. The judge can explain the law, but they will not give you advice or tell you what you should do. 1023, Sec. Section 607(d), that the court determines appropriate. Sec. (d) The claimant under the child support lien may dispute the obligor's affidavit by filing a contradicting affidavit in the manner provided by Section 52.0012(e), Property Code. (b) A child support lien notice may be filed with or delivered to the following, as appropriate: (1) the clerk of the court in which a claim, counterclaim, or suit by, or on behalf of, the obligor, including a claim or potential right to proceeds from an estate as an heir, beneficiary, or creditor, is pending, provided that a copy of the lien is mailed to the attorney of record for the obligor, if any; (2) an attorney who represents the obligor in a claim or counterclaim that has not been filed with a court; (3) any other individual or organization believed to be in possession of real or personal property of the obligor; or. They are not for sale. 2, eff. According to Texas Family Code Section 154.013, child support obligations "do not terminate on the death of the obligee but continue as an obligation to the child named in the support order.". 20, Sec. A child support court hearing can be triggered when one parent requests a child support order, or wants to change an existing order. McCarthyism is the practice of making accusations of subversion and treason, especially when related to anarchism, communism, and socialism, and especially when done in a public and attention-grabbing manner. (a) Except as provided by Subsection (b), a child support lien is perfected when an abstract of judgment for past due child support or a child support lien notice is filed or delivered as provided by Section 157.314. **You will need to create a new User ID and User Number for CAF and 1-888-LAHELP-U. 1491, Sec. A person who knowingly disposes of property subject to a child support lien or who, after a foreclosure hearing, fails to surrender on demand nonexempt personal property as directed by a court under this subchapter is liable to the claimant in an amount equal to the value of the property disposed of or not surrendered, not to exceed the amount of the child support arrearages for which the lien or foreclosure judgment was issued. Acts 2017, 85th Leg., R.S., Ch. Yes, most likely. Acts 2007, 80th Leg., R.S., Ch. (a) A child support payment not timely made constitutes a final judgment for the amount due and owing, including interest as provided in this chapter. Revoking the delinquent parent's driver's and/or professional license; and/or. 477, Sec. June 14, 2013. If you are the parent who is owed back child support (obligee), you are not entitled to a lawyer. APPEARANCE. 157.372. (c) Except as provided by Subsection (d), for good cause shown, the court may waive the requirement that the respondent pay attorney's fees and costs if the court states the reasons supporting that finding. 911, Sec. (2) lacks the financial resources to pay the attorney's fees and costs. 157.112. Amended by Acts 1997, 75th Leg., ch. (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. LIABILITY FOR FAILURE TO COMPLY WITH ORDER OR LIEN. 1023, Sec. 157.3171. Typically it is best to secure the court order early on in the process so that child support payments can begin. The agency shall provide an opportunity for a review, by telephone conference or in person, as appropriate to the circumstances, not later than the fifth business day after the date an oral or written request from the obligor for the review is received. ); Proof the children have been living with you and not the obligee; Proof that you and the obligee have been living together with the childrena lease, an electric bill, etc. Amended by Acts 1999, 76th Leg., ch. Checking in may take some time, so show up to court early. The movant may subsequently update that payment record at the hearing. 21, eff. The court may render a clarification order before a motion for contempt is made or heard, in conjunction with a motion for contempt, or after the denial of a motion for contempt. For case information, you may also call 1-888-524-3578. Section 157.504 applies to an order amended under this section. Sec. PO Box 12017, MC 038M. September 1, 2021. I need a custody order. Added by Acts 1995, 74th Leg., ch. September 1, 2011. 157.426. (c-1) A respondent may offer evidence controverting the contents of a payment record under Subsection (c). During a child support hearing, you will need to answer questions about more serious payments (i.e., medical emergencies, extra responsibilities, caring for your other children from another person, etc.). (a) While a suit for a qualified domestic relations order or similar order is pending or during an appeal of an enforcement order, and on the motion of a party or on the court's own motion after notice and hearing, the court may render an appropriate order, including the granting of a temporary restraining order and temporary injunction, for the preservation of the pension, retirement plan, or other employee benefits and protection of the parties as the court considers necessary. Typically, the purpose is to set up a payment plan to catch up the arrears. (b) An appearance bond or security in the amount of $1,000 or a cash bond in the amount of $250 is presumed to be reasonable. Sec. September 1, 2017. I need to change a custody, visitation, or support order (Modification). 943, Sec. 1674), Sec. 20, Sec. (a) If the relator has by consent or acquiescence relinquished actual possession and control of the child for not less than 6 months preceding the date of the filing of the petition for the writ, the court may either compel or refuse to order return of the child. June 19, 2009. Sept. 1, 1997; Acts 1997, 75th Leg., ch. RELATOR RELINQUISHED POSSESSION; TEMPORARY ORDERS. (b) The court shall clarify the order by rendering an order that is specific enough to be enforced by contempt. Sec. 1023, Sec. Learn what to expect if you are ordered to appear in a IV-D Court (also known as child support court). (f) If the claimant files a contradicting affidavit as described by Subsection (d), the issue of whether the real property is subject to the lien must be resolved in an action brought for that purpose in the district court of the county in which the real property is located and the lien was filed. April 20, 1995. 20, Sec. 1, eff. What if I don't want to go before a IV-D judge alone? Sept. 1, 1997. 6, eff. Sec. April 20, 1995. 20, Sec. 1, eff. 1, eff. April 20, 1995. Child support courts cannot handle these issues. 1674), Sec. 157.327. 420, Sec. (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. Sept. 1, 1999. 1, eff. The basic rules for a Motion for Contempt are: 1. 911, Sec. Added by Acts 2009, 81st Leg., R.S., Ch. Who do I check in with to let the IV-D Court know I am here? 972 (S.B. April 20, 1995. (b) If the order imposes incarceration or a fine for criminal contempt, an enforcement order must contain findings identifying, setting out, or incorporating by reference the provisions of the order for which enforcement was requested and the date of each occasion when the respondent's failure to comply with the order was found to constitute criminal contempt. Amended by Acts 2001, 77th Leg., ch. September 1, 2015. 865), Sec. April 20, 1995. 649, Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 228), Sec. September 1, 2017. April 20, 1995. How to get a divorce when you and your spouse have children younger than 18 (or still in high school). (d) If the respondent claims indigency and requests the appointment of an attorney, the court shall require the respondent to file an affidavit of indigency. Sec. Sept. 1, 1999. 610, Sec. 157.111. Acts 2009, 81st Leg., R.S., Ch. (2) may either compel return of the child or issue temporary orders under Chapter 105 if a suit affecting the parent-child relationship is pending and the parties have received notice of a hearing on temporary orders set for the same time as the habeas corpus proceeding. June 14, 2013. 157.268. CONFLICTS WITH OTHER LAW. (2) the court of continuing jurisdiction. MOTION FOR ENFORCEMENT. Sec. 28, eff. 21, eff. (a) A court that renders a qualified domestic relations order or similar order retains continuing jurisdiction: (1) to amend the order to correct the order, clarify the terms of the order, or add language to the order to provide for the collection of child support; (2) to convert the amount or frequency of payments under the order to a formula that is in compliance with the terms of the pension, retirement plan, or employee benefit plan; or. CLARIFYING NONSPECIFIC ORDER. 420, Sec. Every case is different, so each experience will be as well. I have received a citation to appear in IV-D Court. 17, eff. Sept. 1, 2001. 1105 (H.B. Be ready to remove your shoes, belts, chunky jewelry, watches, etc., so you can walk through a metal detector without the detector buzzing. This includes the work of the OAG, the DRO, for the lawyer appointed to represent you (if applicable), and for court costs (filing fees, etc.). Sept. 1, 1997; Acts 2001, 77th Leg., ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (f) The requirement under Subsections (a)(3) and (4) to provide a social security number, if known, does not apply to a lien notice for a lien on real property. (b) Interest accrues on child support arrearages that have been confirmed and reduced to money judgment as provided in this subchapter at the rate of six percent simple interest per year from the date the order is rendered until the date the judgment is paid. 2. What to Expect in Child Support (IV-D) Court. (a) The court shall hold a hearing without a jury not later than the third working day after the date the respondent is arrested under Section 157.215. (4) "Financial institution" has the meaning assigned by 42 U.S.C. 228- Failure to pay legal child support obligations. What do I do when I arrive at the courthouse? This article discusses child support in Texas, including how to get or change a child support order. SUBSTANTIVE CHANGE NOT ENFORCEABLE. Your hearing will take place on the date provided in your notice unless the Hearings Unit approves your request to postpone the hearing. The lien release must be styled "Release of Child Support Lien.". (3) the property is owned in part by another person, other than the obligor's spouse, the court shall render an order partitioning the property and directing that the obligor's share of the property be applied to the child support arrearages. September 1, 2015. (b) The voluntary relinquishment must have been for a time period in excess of any court-ordered periods of possession of and access to the child and actual support must have been supplied by the obligor.
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