Home Page   Services   About Us   Testimonials   Contact Us  Free Services   State Law   Support Info   Helpful Links   FAQ   The Law Office of Ronn Bisbee Child Support Laws By State Texas State Profile A. General/State-At-A-Glance B. UIFSA C. Reciprocity D. Age of Majority E. Statute of Limitations F. Support Details G. Income Withholding H. Paternity I. Support Order Establishment J. Support Enforcement K. Modification and Review/Adjustment L. Lump Sum Payments M. Insurance Match A. General/State-At-A-Glance A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? State administered and State operated A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? 68 offices A3. With what types of agencies do you have cooperative agreements? Cooperative agreements reached with limited number of county offices; these agreements do not affect incoming interstate cases. A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? Yes. A4.1. If yes, what is the statutory citation? Texas Family Code section 231.109. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.231.htm#231.009 A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? No A4.3. If yes, please explain.   B. UIFSA B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 06/18/1993               B2. What is the effective date of your State's UIFSA? 09/01/1993     B3. What is the statutory citation for your State's Act? Texas Family Code chapter 159. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.159.htm B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? Effective 9/1/03, Texas has adopted the revisions and additions to UIFSA approved in 2001 by the National Council of Commissioners of Uniform State Laws. B4.1. If your state has implemented the 2001 version, when was it implemented? 9/1/2003 B5. Optional comments regarding your State's UIFSA.   C. Reciprocity C1. With what foreign countries does your State reciprocate? In addition to the federally declared reciprocating countries, Texas has formal reciprocity with Germany and the Mexican states of Coahuila, Nuevo Leon and Tamaulipas. C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries? No C1.2. If yes, please explain. C2. Has your State established reciprocity with any Tribal courts? No C2.1. If yes, list the Tribes and identify services provided, if less than full services.   D. Age of Majority D1. What is the age of majority in your State? 18 years of age. D2. What is the statutory citation for the age of majority? Texas Family Code section 101.003. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.101.htm#101.003 D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. 18 years of age. But note that virtually all but extremely old orders have child support continuing until age 18 or when the child graduates from high school, whichever occurs later. D4. Does the date of the order impact what law is applied? No    D4.1. If yes, please explain.   D5. Does child support end if the child leaves the household but does not emancipate? No D5.1. Optional comments regarding emancipation. D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? Yes D6.1. If yes, please explain. Court may extend support for high school, as noted above, or in the case of mental or physical disability. Texas Family Code chapter 154, subchapter F. D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? Yes D7.1. If yes, please describe the procedure. Orders involving multiple children should state at the time they are issued the amount of support based upon the guidelines for that number of children, i.e., a "step-down" as emancipation occurs. E. Statute of Limitations E1. What is your State's statute of limitations for collection of past due support? There is a jurisdictional limitation after termination of the obligation of ten years for judgments and two years for contempt. Texas Family Code section 157.005. E2. What is your State's statute of limitations for paternity establishment? If a child has no presumed, acknowledged or adjudicated father, there is no time limitation. Texas Family Code section 160.606. It should be noted, however, that only the child, and not the IV-D agency, has standing to pursue a paternity action once the child reaches the age of 18. Texas Family Code section 160.602. If a child has a presumed father, the statute of limitations is four years from the date of the child's birth. Texas Family Code section 160.607. This latter four-year rule may be rebutted if the presumed father did not live with the mother, did not have sexual relations with the mother during the probable period of conception, and never held the child out as his own. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.160.htm#G E3. Is dormancy revival/renewal possible? Yes E3.1. Please explain the circumstances when possible, and the length of time possible. Judgment must be renewed every 10 years; renewed by proof of attempted execution. However, dormancy rules do not apply to the state in IV-D actions. F. Support Details F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? Fixed percentage of obligor's net resources with adjustment for multiple family obligations. Variances from guidelines within courts discretion. Texas Family Code chapter 154, subchapter C. For Additional Information - No Link Provided F2. Does your State charge interest on missed arrears? 12% simple. F2.1. If yes, please indicate the amount of interest charged and any related conditions. Interest accrues on the delinquent child support at the rate of 6% simple interest per year from the date support is delinquent (payment considered delinquent if not received before the 31st day after payment due date). Texas Family Code section 157.265. F3. Does your State charge interest on retroactive support? Yes F3.1. If yes, please indicate the amount of interest charged and any related conditions. NOTE TO F3: Interest is charged for post-judgment retroactive support. NOTE TO F3.1: Interest accrues from the date the Texas order is rendered at the rate of 6% simple interest per year. F4. Does your State charge interest on adjudicated arrears? Yes F4.1. If yes, please indicate the amount of interest charged and any related conditions. 6% simple. For Additional Information - No Link Provided F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? Yes F5.1. If yes, under what circumstances? Unreimbursed medical expenses may be enforced for whatever percentage that is stated in the order, or 100% if a party was ordered to obtain coverage and did not. The bills must also have been paid. F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? Yes F6.1. If yes, what costs are recovered from/fees charged to the obligee? None F6.2. What costs are recovered from/fees charged to the obligor? Attorney's fees should be assessed in contempt cases where the obligor's arrears equal or exceed $20,000. The court may waive the fee if the obligor is involuntarily unemployed or lacks financial resources. Attorney's fees are optional in enforcement actions with arrears less than $20,000. F7. Does your State recover costs on behalf of the initiating State? Yes   F7.1. Optional comments regarding recovering of initiating State's fees. Genetic testing and court costs are recovered from the obligor.   F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. Jurisdiction is established in the initial order, and need not be asserted again in subsequent enforcement actions. The long-arm statutes for establishing an obligation may be found in Texas Family Code sections 102.011 and 159.201. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.102.htm#102.011 F9. Does your State establish, enforce, or modify spousal maintenance orders? Yes   F9.1. If yes, under what circumstances? Texas law allows the establishment of spousal support orders in very limited situations. Spousal support may only be collected by IV-D agency in conjunction with child support. Texas can only modify Texas spousal support orders. IV-D agency does not establish or modify spousal support orders. F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? No F10.1. Optional comments regarding required information on spouse or partner.   F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? No fee is assessed against the individual; required fees are paid out of state funds. F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? No F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? No 11.3. Does your State collect the fee from the absent parent? No F11.4. Does your State pay the fee out of its own funds? Yes F12. When will your State implement the required DRA limited-assignment provision? October 1, 2009 F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? Effective October 2008, Texas is passing through $75 to current TANF families. F13.1. If yes, provide the date. 10/2008   F14. Will your State participate in the pass through in Former Assistance cases? No. F14.1. If yes, provide the date. F15. Will your State discontinue eligible assignments under the DRA of 2005? No F15.1. If yes, list the eligible assignments your State would discontinue. N/A F15.2. When will your State discontinue each type of assignment? N/A F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? PRWORA F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?   F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee?   F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?   F17.3. How does your State collect the $25.00 annual fee on never-TANF cases?   G. Income Withholding G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? Income withholding. G2. What specific source of income is not subject to withholding? Those things which are not considered disposable earnings. However, other income may be subject to other remedies such as liens or intercepts. Texas Family Code section 101.010. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.158.htm G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? Yes G3.1. If yes, what are those limits? Up to 50% of the obligor's disposable income may be withheld. G4. What is the allowable fee per pay period for processing income withholding payments? Up to $10.00 per month; this fee is optional and is deducted from the employee's remaining disposable income. For Additional Information - No Link Provided G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? Not later than the first pay period following the date on which the order or writ was delivered to the employer. G6. What is the date by which an employer must remit amounts withheld from an employee's pay? Each pay date. G7. What are your State's procedures for sanctioning employers for not implementing income withholding? A pleading may be filed in court to seek compliance and/or a penalty (including contempt, if appropriate) for employer non-compliance. The employer is liable to the obligee for the total amount of child support and medical insurance not paid. In addition, the employer may be fined $200.00 for each occurrence in which the employer fails to withhold. G8. What is the penalty to an employer for failure to remit payments withheld? The employer is liable to the obligee for the total amount of child support and medical insurance not paid. In addition, the employer may be fined $200.00 for each occurrence in which the employer fails to withhold. G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? No G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. Texas SESA requires that the request to withhold come through the IV-D agency via an automated interface. G9.2. Optional comments regarding direct withholding of UI benefits across state lines.   G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? Yes G10.1. Optional comments regarding direct withholding of WC benefits across State lines. G11. How does an obligor contest income withholding in your State? Texas establishment order: Issue resolved at time of entry of initial wage withholding order. Judicial Notice of Withholding: Obligor must file an answer or motion to stay within 10 days of receipt of notice. Administrative Notice of Withholding: Contact IV-D agency and right to judicial contest. UIFSA registration: Obligor must file answer not later than 20 days from the date notice is mailed or served. G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). For an obligor with multiple family obligations, Texas Family Code section 158.207 provides that the employer withhold an equal amount of current support on each order up to the full amount of each order until all current support amounts are paid, and thereafter equal amounts for any ordered arrearage payments until all orders have been satisfied or the maximum amount of allowed withholding is reached. G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? Yes G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. Texas Family Code section 158.207. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.158.htm#158.207 G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? Yes. G14. When does your state require the employer to send notice of an employee's termination? No later than the seventh day after termination. Texas Family Code section 158.211 For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.158.htm#158.211 G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? No statutory requirement. G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? No. G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? No. For Additional Information - No Link Provided G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? Employers, Workers Compensation carrier, and other entities meeting the statutory definition of an "employer". Texas Family Code section 101.012. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.101.htm#101.012 G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. Cash medical is considered current support and covered in Texas Family Code section 158.207. State withholding limits apply to disposable income, and disposable income is determined after payments for health insurance premiums have been withheld. Texas Family Code sections 101.010 and 158.009. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.158.htm#158.009 H. Paternity H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? Yes H1.1. If yes, please explain. On intrastate cases only. A presumption of joint managing conservatorship is considered to be in the child's best interest. A "standard" visitation schedule is followed. H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? Test results disclose a 99% probability of paternity and a combined paternity index of 100 to 1. Texas Family Code section 160.505 For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.160.htm#160.505 H3. Optional comments regarding paternity acknowledgment conclusive legislation. For Additional Information - No Link Provided H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? 09/01/1999  H4.1. Were acknowledgments prior to that effective date rebuttable? Yes H4.2. Optional comments regarding paternity acknowledgments prior to that date. For Additional Information - No Link Provided H5. Does marriage constitute a rebuttable presumption of paternity? Yes H5.1. If yes, how is the presumption rebutted? By an adjudication which must be done before the child's fourth birthday; except, where it can be shown the presumed father and mother did not live together or engage in sexual intercourse with each other during the probable period of conception, and the presumed father never held the child out as his own, there is no limitation. Texas Family Code section 160.607. For Additional Information - No Link Provided H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? No   H6.1. If no, briefly explain. A man is only presumed to be the father if he was voluntarily named as the child's father on the child's birth certificate and he married the mother of the child after the birth of the child in apparent compliance with law. After 9/1/99, the name of the father should appear on a birth certificate only if there has been an acknowledgment of paternity. Texas Family Code section 160.204. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.160.htm#160.204 H7. Does your State have any other paternity-related presumptions? Yes H7.1. If yes, briefly explain. A man is presumed to be the biological father of a child if: (1) he and the child's biological mother are or have been married to each other and the child is born during the marriage or not more than 300 days after the date the marriage terminated by death, annulment, or divorce or by having been declared void; (2) before the child's birth, he and the child's biological mother attempted to marry each other by a marriage in apparent compliance with law, although the attempted marriage is or could be declared void, and the child is born during the attempted marriage or not more than 300 days after the date the attempted marriage terminated by death, annulment, or divorce or by having been declared void; (3) after the child's birth, he and the child's biological mother have married or attempted to marry each other in apparent compliance with law, although the attempted marriage is or could be declared void or voided by annulment, and: (A) he has filed a written acknowledgment of his paternity of the child; (B) he voluntarily is named the child's father on the birth certificate; or (C) he is obligated to support the child under a written voluntary promise; (4) during the first two years of the child's life, he continuously resided with the child and represented to others that the child was his own. Texas Family Code section 160.204. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.160.htm#160.204 H8. Does your State have a putative fathers' registry? Yes H8.1. If yes, what is the name of that entity? Paternity Registry, Vital Statistics Unit. H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? Yes H9.1. If yes, please describe any circumstances under which these fees may be waived. None. For Additional Information - No Link Provided H10. Is common law marriage recognized in your State? Yes H10.1. If yes, briefly describe the standard that defines common law marriage. Common law marriage in Texas must have all 3 of the following conditions: 1) the parties must have agreed to be married, 2) cohabitate after the agreement to be married, and 3) represent themselves to others as being married. A declaration and registration of informal marriage is available. An action to establish an informal marriage must be commenced within two years of the date of separation. A person may not enter into a common law marriage if that person is already married. A party to common law marriage may not be under the age of 18. Texas Family Code section 2.401. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.2.htm#2.401 H10.2. When did your current common law standard go into effect?   H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? 2005 - possible polygamy aspect added; 1997 - added prohibition concerning minors; 1995 - added limitation that the common law marriage must be proven within two years of separation. H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) For instate parties, personal appearance may be necessary to avoid adverse interferences. Participation via telephone is permitted in the quasi-administrative Child Support Review Process. In interstate (longarm and two state) situations, UIFSA is utilized (primarily forms and telephonic) to avoid personal appearance. H12. Please give the statutory citation for your State's long arm statute and list any special provisions. Texas Family Code sections 102.011 and 159.201. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.102.htm#102.011 H13. Does your State recover genetic testing costs for other States? Yes     H13.1. If so, please explain. If a man is found to be the father of a child, he is ordered to pay genetic testing fees. H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? Yes, the Vital Statistics Unit's form VS-166. H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity?   H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? One set of documents, with a paternity affidavit for each child. I. Support Order Establishment I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? While Texas does do some establishment actions judicially, a quasi-administrative process is normally used to establish obligations. Interstate responding cases are most frequently handled judicially. I1.1. If your State can establish under both, under what circumstances would the administrative process be used? In most circumstances, unless one of the exclusions in I1.2 is applicable or unless the custodial parent does not cooperate. I1.2. Under what circumstances would the judicial process be used? A party is presently incarcerated, history of family violence, foster care, minor party, custodial party is not the mother or father, a presumed father needs to be excluded, contempt is sought. I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. Texas Family Code chapter 233. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.233.htm I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) None. For Additional Information - No Link Provided I3. What criteria for rebutting your presumptive guidelines have been established in your State? That the application of the guidelines would be unjust or inappropriate as determined by several factors listed in the statute. Texas Family Code section 154.123. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.154.htm#154.123 I4. Will your State establish support orders for prior periods? Yes I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? It is presumed that a court will limit the retroactive amount to four years preceding the date of the petition. I4.2. What information or documentation does your State require to proceed? No additional documentation is required. For Additional Information - No Link Provided I4.3. Will your State allow a petition for support when the only issue is retroactive support? Yes I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. NOTE TO I4.3: If the child is not emancipated, current support will generally be sought in addition to retroactive support. The retroactive support period will be the entire 4 year period unless the obligee has waived the claim for support during a specified non-public assistance period. In ordering retroactive child support, the court shall consider the net resources of the obligor during the relevant time period and whether: (1) the mother of the child had made any previous attempts to notify the biological father of his paternity or probable paternity; (2) the biological father had knowledge of his paternity or probable paternity; (3) the order of retroactive child support will impose an undue financial hardship on the obligor or the obligor's family; and (4) the obligor has provided actual support or other necessaries before the filing of the action. I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? Genetic testing, establishing parentage, establishing support, modifying support and non-contempt enforcement of prior orders. For Additional Information - No Link Provided I6. What is your State's statutory authority for the administrative process? Texas Family Code chapter 233. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.233.htm I7. Is there a local State law that allows an interstate administrative subpoena? Texas Family Code section 231.303. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.231.htm#231.303 I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? No. For Additional Information - No Link Provided I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? No I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? No I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? Generally, the other state should request establishment, unless the previous order specifically set current child support at $0. In that case, the other state should request modification. J. Support Enforcement J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? J1.1. Are your State income tax refund procedures judicial, administrative, or both? There is no state income tax in Texas. J2. Is the lien process in your State judicial, administrative or both? Both. J2.1. What are the trigger criteria for filing a lien? Any arrearage balance. No statutory criteria. For Additional Information - No Link Provided J2.2. Where are your State liens filed? In the real property records of the county where real property is located, otherwise with the asset holder. J2.3. Does your State charge a fee for filing a lien? No   J2.4. If yes, please indicate the amount.   J.3. Does your State enforce property seizure and sale? Yes J3.1. Are the property seizure and sale procedures judicial, administrative, or both? Judicial J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both?. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? Both, but usually administrative. J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? There is no requirement that a non-custodial parent (NCP) receive notice that a Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support prior to the action being commenced. However, IV-D orders have verbiage alerting the obligor that various other means of collection can be used. J4.2. Does your State's income withholding definition includes amounts in financial institutions? No   For Additional Information - No Link Provided J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? No  J4.3.1 If yes, who notifies the NCP, the State or financial institution? NOTE TO J4.3: Not necessarily a new notice, but a notice is sent for a Freeze and Seize. A Notice of Lien only encumbers the account, whereas a Notice of Levy warns that the assets are about to be seized. NOTE TO J4.3.1: The claimant is responsible for giving the NCP both a notice of lien and a notice of levy. J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? A notice of lien/levy sent to the financial institution freezes the account and directs the financial institution to make payment 15-21 days later. A copy is sent to the obligor at the same time, giving the obligor 10 days to contest. J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? There must be past due support. J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? There is no statutory minimum. The IV-D agency uses an arrears threshold. The threshold is subject to a periodic review. For Additional Information - No Link Provided J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? No. J5.3. 1. If yes, please provide the time frame.   J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? No J5.4.1. If yes, please provide the percentage.   J5.4.2. Is the percentage different for joint accounts? No J5.4.3. If yes, please define. J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. No statutory minimum. J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution?   J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? No statutory time period to contest a FIDM lien (freeze). 10 days for an obligor to contest a levy (seize). Texas Family Code section 157.328(c). For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.157.htm#157.328 J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? If the agency review does not resolve the matter, a second contest may be filed in court not later than the fifth day after the agency notice of contest resolution. Texas Family Code section 157.328(c) – see Additional Information in J5.7 J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? No account holder owes support or the amount of arrears is incorrect. The account is entirely funds not subject to a lien which can include the account being funds of a co-owner who owes no support. There is no specific statute setting out the basis for a contest. For Additional Information - No Link Provided J5.10. Is your State's complaint review process judicial, administrative or both? A freeze and seize initiated by the Texas IV-D agency provides for an administrative complaint process. All freeze and seize actions are subject to a judicial complaint process. J5.11. What are your State's penalties for incorrect seizures? None. J5.12. Is the second challenge administrative, judicial or both? All challenges are ultimately able to be resolved judicially. J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? 30 days. The IV-D agency must release the lien if there is an absence of arrears or if the lien was filed based on mistaken identity. Recourse for current spouse only. J5.14. Is the Freeze and Seize operation in your state centralized or automated? Centralized and partially automated. System will identify cases and track timeframes. Workers will verify assets, send documents and initiate seizure actions. J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? If an account contains property owned by the community estate, the law gives the court discretion as to the amount of community property that may be garnished to satisfy child support arrears. J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? No J5.16.1. If yes, what is the amount? J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? Yes J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. Judicial foreclosure of liens is authorized under Texas Family Code section 157.323. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.157.htm#157.323 J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? Yes. Texas Family Code section 157.327. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.157.htm#157.327 J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? Not earlier than the 15th day after receiving the notice, nor later than the 21st day. Texas Family Code section 157.327. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.157.htm#157.327 J6. Does your State withhold State funds or benefits? Yes J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? Administrative. J7. Please describe any other administrative enforcement procedures your State may have. License suspension; unclaimed property intercept. J8. Please describe any other judicial enforcement procedures your State may have.   J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? Interstate liens are enforced in the same manner as intrastate liens. Texas Family Code Chapter 157, subchapter G For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.157.htm#G J10. Which of our State's enforcement remedies are available without registration? Income Withholding, Credit Bureau Reporting, State Debt Set Off, Unemployment Benefits Intercept, and Lottery Intercept. J11. Describe your State's registration and enforcement procedures. Registration under UIFSA. Enforcement action can be filed simultaneously with the registration request. J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. No required procedure but any enforcement action may be filed simultaneously with registration. J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? Yes J13.1. If yes, please provide the statutory citation. Texas Civil Practice and Remedies Code, section 35.001. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.35.htm J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? No. While nothing precludes another state from attempting a Freeze and Seize in a Texas financial institution, the claimant must be prepared to follow Texas law. Assistance from the Texas IV-D agency is strongly suggested. J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). Do a limited services request. J15. Does your State use credit bureau reporting as an enforcement method? J15. Does your State use credit bureau reporting as an enforcement method? Yes J16. Provide which credit bureaus your State report an obligor's child support information?   J16. Provide which credit bureaus your State report an obligor's child support information? J17. Is the method for credit bureau reporting judicial, administrative or both? Administrative. J17. Is the method for credit bureau reporting judicial, administrative or both?   J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? Initiating state J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? Obligated case; not a UIFSA responding case; no bankruptcy referral; SSN for non-custodial parent (NCP); valid name for NCP; generally current support start date is 45 days old; notice of intent to report sent to NCP. K. Modification and Review/Adjustment K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? Every three years for active TANF cases, otherwise upon request of a party. K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? Every three years for active TANF cases, otherwise upon request of a party. K3. Briefly describe your State's modification procedure. Generally a material and substantial change in circumstances is required for a modification. K4. What are your criteria for modification (e.g., $50 or 20% from present order)? General modification standard that is there requires a change in the circumstances of the child or a person affected by the order that is material and substantial and has occurred since the date of the order. Review/Adjust criteria, in addition, the monthly amount of child support awarded under the order differs by either 20% or $100.00 from the amount that would be awarded in accordance with the child support guidelines. K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? K5.1. The earnings of the obligor have substantially increased or decreased. Yes K5.2. The earnings of the obligee have substantially increased or decreased. No K5.3. The needs of a party or the child(ren) have substantially increased or decreased. Yes K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. No K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. Yes K5.6. There has been a substantial change in child care expenses. Yes K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? K6. Does your State have cost of living adjustments (COLAs)? No   K6.1. If so, what index does your State use? K7. How does your State credit SSA disability to current and past due support? Payments received by or for the child because of the obligor's disability may be credited when establishing current support. K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. No K8.1. If yes, please explain the situation? K8.2. What is the statutory citation for your abatement law? Not applicable For Additional Information - No Link Provided K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. A limited service request may be submitted to the Texas Interstate Central Registry to obtain information on pay records, Texas TANF, copies of court orders, etc. The Texas ICR can also be reached by email at txcenreg@cs.oag.state.tx.us or by fax to 512-460-6599. K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. Acknowledgment of Paternity Form: A State IV-D agency may request a copy of a Texas Acknowledgment of Paternity by faxing the request to the Office of the Attorney General at 512-460-6643. Please fax the request on agency letterhead and include the following information: (1) that the request is from an IV-D agency; (2) the purpose of the request; (3) the name and date of birth of each child; (4) the names of the parents of each child. Birth Records/Certificates: State IV-D programs requesting a birth certificate for a child in an existing Texas interstate case may contact the Texas Central Registry for assistance. Please include the mailing address for the requesting office in the request. The Central Registry will e-mail the request to the Bureau of Vital Statistics, including the other state's return address to enable the direct mailing of the birth certificate to the requesting state. If an active interstate case does not exist, requests are sent to: Texas Vital Statistics, P.O. Box 12040, Austin, TX 78711-2040. Note: Non IV-D agency requests for paternity acknowledgments or birth certificates must also be sent to the Texas Vital Statistics address. K9. What information is required to register an out-of-State order for enforcement/modification? The following documents are necessary for the registration and enforcement or, if possible, modification, of an out-of-state order: (1) Child Support Enforcement Transmittal #1 - Initial Request; (2) Uniform Support Petition; (3) General Testimony; (4) Registration Statement; (5) Certified Copy of the Order; (6) Arrearage Affidavit; (7) Registration Statement. If the request is for modification of a Texas order, the request should include: (1) Child Support Enforcement Transmittal #1 - Initial Request; (2) General Testimony. L. Lump Sum Payments L1. Does your State define a lump sum payment? Yes L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? "Lump-sum payment" is defined as income in the form of a bonus or an amount paid in lieu of vacation or other leave time. The term does not include an employee's usual earnings or an amount paid as severance pay. Texas Family Code §158.215(a) L1.2 Provide the statutory citation. Texas Family Code §158.215(a) For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.158.htm#158.215 L2. Does your State law require employers to report lump sum payments? Yes L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. Texas Family Code §158.215(b) & (c) For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.158.htm#158.215 L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? Yes L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? $500. Employers are required to report obligors who are under a withholding order for child support even if the order does not provide for an amount to be withheld on arrears. L4. How are employers instructed to report a pending lump sum? Employers are provided several options including two Internet applications and a FAX option. L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. 10 days L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? 10 days L7. Does your State use the income withholding order to attach the lump sum payment? Yes L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? Sent specifically to cover the lump sum. The income withholding order is used only if specifically requested by the employer. The return of the information by the agency to the employer regarding the amount of arrears is the response that is needed for the withholding. L8. Does your State use the lien/levy process to attach the lump sum payment? No L8.1 If yes, what is the name of the document your State uses to attach lump sum payment?   L9. What other documents does your State use to attach lump sum payments? Order/Notice to withhold Income for Child Support- Administrative Writ of Withholding. L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? Yes L10.1 If yes, what are those limits? State CCPA-50 percent of the obligor's disposable earnings. See Texas Family Code section 158.009. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.158.htm#158.009 L10.2 If no, what percentage is the employer required to withhold? L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? Yes L11.1 If yes, would the employer only withhold for that period's obligation? If it is possible to segregate, different withholding limits might apply to the wages and lump sum if it can be shown they were for different periods of time. M. Insurance Match M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf M1.1. Additional information on the CCPA. For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? Yes M2.1. If yes, provide the statutory citation Pilot Program made mandatory by Section 27 of Senate Bill 865, effective June 19, 2009. Texas Family Code § 231.015. (changes should be verified and incorporated at the link provided below by January 2010) For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.231.htm#231.015 M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. If the insurer is utilizing the data matching process, the information is to be provided is what is asked for and required by ISO. If the insurer is utilizing the look-up approach, the data needed is: Claimant’s Name Claimant’s SSN Claimant’s Date of Birth Claim Number –optional, but assists in assuring the match and relating the lien to the specific claim. For Additional Information - No Link Provided M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. No specific time requirement if data is provided for matching prior to payment. Must look-up no later than 30 days prior to payment if not otherwise reported. M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? Claims to be reported are claims arising from personal injury, workers compensation, and wrongful or accidental death, as well as claims by life insurance beneficiaries. Claims involving only property damage need not be reported. All insurers doing business in Texas, including, but not limited to domestic, foreign, and alien companies, self-insurers, and surplus line insurers, are subject to the reporting requirements and shall report all claims regardless of the State where the claim arises or is filed. M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. No M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). The Texas Administrative Code sets out two methods for compliance: • participate in a matching process (OCSE or authorizing ISO to provide information to the agency vendor) • perform an individual look-up process. M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). Additional information and details can be obtained in the Texas Administrative Code, specifically Title 1, Part 3, Chapter 55, subchapter M, Rules 55.603 and Rule 55.604 http://www.sos.state.tx.us/tac/index.shtml M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. Not at this time for failure to provide or look-up. Texas Family Code § 157.324 provides that failure to honor the lien can result in liability in an amount up to the amount of the settlement but not to exceed the amount of the arrearage stated in the document. For Additional Information - No Link Provided M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? Yes. Texas Family Code § 231.015(b) specifically states an insurer is not liable for providing information or responding to these actions. M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? N/A For Additional Information - No Link Provided M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? N/A. M3.1. Please provide the statutory citation. N/A For Additional Information - No Link Provided M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). OCSE Notice of Lien; IWO, if applicable. M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? The child support enforcement agency. M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. Same for all liens – Texas Family Code section 157.314 For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.157.htm#157.314 M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. No statutory provision for the number of days an NCP has to appeal a Notice of Lien. For Additional Information - No Link Provided M6. Are there attorney fees associated with the insurance intercept activity? If judicial action is needed, the claimant may be awarded attorney fees. M7. How does another State initiate and intercept collections from your State Workers Compensation agency? No submission to a state agency. Liens and Income Withholding Orders can be submitted to the Worker’s Compensation carriers directly. M7.1. What is the process, the points of contact, and what forms must be completed? To intercept periodic payments, the OCSE Notice of Income Withholding form should be sent to the carrier. To assert a claim on any lump sum, the OCSE Notice of Lien should be sent to the insurance carrier, the obligor/claimant, the obligor’s/claimant’s attorney (if known) and filed in any suit that might be pending regarding the claim. Most cases are resolved by agreement. Absent an agreement, the funds can be interpleaded into an appropriate court and request the court make an appropriate distribution. Per statute, the child support lien is subordinate to the lien of a health care provider and a lien for attorney fees. Texas Family Code section 157.319. Dedicated To Enforcing Your Support Order.
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