1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?

81 local IV-D offices, including 5 metro offices, 33 field offices, 37 storefront offices, and 6 county-operated special offices. (This number does not include regional, state office and special statewide functional offices.)

2. What is the name of your IV-D agency?

Texas Office of the Attorney General Child Support Division

3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.

Texas uses a combination of both. Texas can pursue the establishment and enforcement of support judicially or through the quasi-administrative Child Support Review Process. Certain remedies are only available judicially. For Additional Information - No Link Provided

4. Does your state use the following applications: EDE, CSENET, QUICK?

Yes, Texas participates in EDE, CSENET, and QUICK.

5. Describe special requirements for telephonic or video participation in two-state actions.

For Additional Information - No Link Provided

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).

The age of majority is 18 years of age. Termination of the duty of support is primarily addressed in Texas Family Code Sections 154.006 and 154.127. Court orders for child support extend support beyond 18 years of age for children enrolled and complying with minimum attendance requirements in a program leading toward a high school diploma, or in certain courses for joint high and junior college credit as specified in Texas Family Code Section 154.002. For Additional Information - No Link Provided

2. 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. Termination of the duty of support is primarily addressed in Texas Family Code Sections 154.006 and 154.127. For Additional Information - No Link Provided

3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.

No For Additional Information - No Link Provided

4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.

Yes. A court may extend support beyond the date the child reaches the age of majority as noted in the response to question #1, as well as in the case of mental or physical disability as specified in Texas Family Code Chapter 154, Subchapter F. Texas Family Code chapter 154, subchapter F. For Additional Information - No Link Provided

5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.

Pursuant to Texas Family Code Chapter 154, child support terminates on any of the following: the marriage of the child; removal of disabilities of minority by court order; the death of the child; the child is 18 and is no longer enrolled in an accredited or private secondary school program leading toward a high school diploma, or courses for joint high school and junior college credit, or the child is 18 and although enrolled in such program, is not complying with the minimum attendance requirements; the parent-child relationship is terminated and support was not ordered after the date of the termination; the child enters into military service; or the marriage or remarriage of the obligor and obligee. For Additional Information - No Link Provided

6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?

No.

7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.

Generally, yes. The support order terms normally graduate or step down the support amount when there is more than one child as the duty for support ends for each child. Occasionally orders do not automatically reduce the current support as children emancipate.

8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.

Generally, no. Under Texas Family Code Section 160.602, after the date a child having no presumed, acknowledged, or adjudicated father becomes an adult, a proceeding to adjudicate the parentage of the adult child may only be maintained by the adult child. The Texas IV-D agency may seek modification on cases to modify the duration of the existing support obligation to indefinite based on a child's disability or to modify the amount of current support when there is an existing indefinite support obligation for a disabled child or an adult disabled child payable to a custodial parent, based on material and substantial change in circumstances.

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?

There is a jurisdictional limitation after termination of the current child, medical and dental support obligation. The jurisdictional limitation is ten years for judgments and two years for contempt. Texas Family Code Section 157.005. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.157.htm#157.005

2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.

f 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 to establish parentage for a different father is four years from the date of the child's birth. Texas Family Code Section 160.607. This four-year rule may be rebutted. Texas Family Code Chapter 160, Subchapter G. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.160.htm#G

3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?

Yes. Dormancy rules do not apply to a judgment for child support under the Texas Family Code. Texas Civil Practice and Remedy Code Section 34.001. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.34.htm

4. Can the statute of limitation for enforcement be extended or waived? If yes, under what circumstances and for how long?

4. Support Order Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?

Texas standard guideline calculation uses a fixed percentage of the non-custodial parent's net resources with adjustment for multiple family obligations and low income situations. The court has discretion to vary from the guidelines. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.154.htm#C

2. What is the minimum number of days with each parent that can be considered in your guideline’s formula, and what evidence is required (for example, court-order custody schedule, parenting plan, or verbal testimony)?

For Additional Information - No Link Provided

3. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.

For Additional Information - No Link Provided

4. Does your state’s IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.

5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.

6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?

7. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state’s order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?

7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain.

8. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?

9. Does your state IV-D agency grant the noncustodial parent credit toward child support for Social Security Administration (SSA) auxiliary benefits paid to the custodial parent on behalf of a child when those benefits are based on the noncustodial parent’s SSA benefit?

9.1 If a child’s auxiliary SSA benefit paid to the custodial parent is greater than the current child support obligation, do you credit the excess amount against arrearages, and if so, how?

10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.

For Additional Information - No Link Provided

11. If a child’s family benefit paid directly to the custodial parent is greater than the child support order, how do you credit the excess amount of current support? (That is, is it treated as a gift, paid to arrears accrued at any time, or treated as payment for a future period?)

12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state?

13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits?

14. Does your state child support agency have a debt compromise program?

15. When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, how does your state determine the payment rate on arrears? (For example, is collection enforced at the support amount plus arrears amount?)

16. When there is an existing support order between the parents of a child and the child’s residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.

5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.

Yes, unless parentage is being established under UIFSA. Under Texas Family Code Chapter 153, in an intrastate suit affecting the parent-child relationship, including cases requiring parentage establishment, the resulting order will also address conservatorship and visitation (possession and access). Parentage orders established under Texas Family Code Chapter 159 (UIFSA) do not address conservatorship or visitation (possession and access). For Additional Information - No Link Provided

2. How is genetic testing coordinated within your state when the other party is in another state?

A man is rebuttably identified as the father of a child if the genetic testing complies with Texas Family Code Chapter 160, Subchapter F and the results disclose that the man has at least a 99% probability of paternity, using a prior probability of 0.5, as calculated by using the combined paternity index obtained in the testing, 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

3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

Under Texas Family Code Section 160.305, except as provided by Sections 160.307 and 160.308, a valid acknowledgment of paternity filed with the vital statistics unit is the equivalent of an adjudication of the paternity of a child and confers on the acknowledged father all rights and duties of a parent. Further, except as provided by Sections 160.307 and 160.308, a valid denial of paternity filed with the vital statistics unit in conjunction with a valid acknowledgment of paternity is the equivalent of an adjudication of the nonpaternity of the presumed father and discharges the presumed father from all rights and duties of a parent. For Additional Information - No Link Provided

4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).

A presumption of paternity established under Texas Family Code Section 160.204, which includes presumptions based upon marriage under Subsection (a), may be rebutted only by either an adjudication under Texas Family Code Chapter 160, Subchapter G; or the filing of a valid denial of paternity by a presumed father in conjunction with the filing by another person of a valid acknowledgment of paternity as provided by Texas Family Code Section 160.305. For Additional Information - No Link Provided

5. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.

No, parentage presumptions are addressed under Texas Family Code Section 160.204. In most instances, a father's name will appear on the birth certificate if the father is a presumed, acknowledged, adjudicated or adoptive father. For Additional Information - No Link Provided

6. Does the father’s name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.

Under Texas Family Code Section 160.204, in addition to the marital presumptions, a man is also presumed to be the father of a child if during the first two years of the child's life, he continuously resided in the household in which the child resided and he represented to others that the child was his own. For Additional Information - No Link Provided

7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe.

In Texas the registry of paternity is established in the Texas Vital Statistics Section of the Texas Department of State Health Services

8. What, if any, is the agency name and link for your state’s putative fathers’ registry?

Upon receipt of a limited services request, Texas ICR staff can assist other states' Title IV-D agencies by searching the Vital Statistics records to determine if an Acknowledgment of Paternity exists and to obtain a copy of the record. A fee is not normally required for this limited service request. For Additional Information - No Link Provided

9.What documents regarding paternity can your state’s IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?

Some fees are assessed by the Texas Vital Statistics Section of the Texas Department of State Health Services. These vary by the document or service provided. For example, a reasonable fee is charged to obtain a copy of a birth certificate, to amend a birth certificate, to search the registry of paternity and to furnish a certificate of a search of the paternity registry. However, no fee is charged to file an acknowledgment of paternity, a denial of paternity, a rescission of an acknowledgment of paternity or denial of paternity, or a registration or rescission of a registration with the registry of paternity. Texas Family Code Sections 160.306 and 160.416.

10. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?

In Texas, common-law marriage, codified as marriage without formalities or informal marriage, may be proved by evidence that a declaration of their marriage has been signed as provided in the Texas Family Code, Chapter 2, Subchapter E, or evidence that the parties agreed to be married, that the parties have cohabitated in Texas after the agreement to be married, and there represented to others that they were married. An action to establish an informal marriage must be commenced within two years of the date of separation, otherwise it is rebuttably presumed that the parties did not enter into an agreement to be married. A person may not enter into an informal marriage if that person is already married. A party to an informal marriage may not be under the age of 18. Texas Family Code, Chapter 2, Subchapter E, and Texas Family Code Section 2.401. This statue was last modified, effective September 1, 2005. For Additional Information - No Link Provided

10.1 Describe any circumstances under which these fees may be waived?

11. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.

12. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.

13. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?

Texas uses both judicial and quasi-administrative processes to establish obligations. Intergovernmental responding cases are most frequently handled judicially.

1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.

In most intergovernmental responding establishment cases, a judicial process is used to establish the obligation. In instances when cooperation and participation of the out-of-state party is known, the quasi-administrative process referred to as the Child Support Review Process and codified in Chapter 233 of the Texas Family Code may be utilized. The quasi-administrative process has been determined to be inappropriate for certain kinds of cases and under certain circumstances, such as cases where a party is a minor and cannot waive service, where the child is in foster care, where the child has both an alleged and presumed father, where a needed remedy is not available administratively, where family violence has been alleged, or where a party is not cooperative or cannot effectively participate. For Additional Information - No Link Provided

1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.

Intergovernmental responding establishment cases are generally established judicially under Texas Family Code Chapters 154, 159 and 160. Further the quasi-administrative process has been determined to be inappropriate for certain kinds of cases and under certain circumstances, such as cases where a party is a minor and cannot waive service, where the child is in foster care, where the child has both an alleged and presumed father, where a needed remedy is not available administratively, where family violence has been alleged, or where a party is not cooperative or cannot effectively participate. For Additional Information - No Link Provided

2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?

When using the standard child support guidelines calculation, only the noncustodial parent's income is considered. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.154.htm#154.122

2.1. What documentation is required as proof/evidence of this information?

Admissible evidence of the noncustodial parent's income, which may be in the form of testimony.

3. What criteria for rebutting your presumptive guidelines have been established in your state?

Texas Family Code Section 154.123 includes relevant factors that may demonstrate to the court that the application of the guidelines would be unjust or inappropriate under the circumstances. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.154.htm#154.123

4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).

Yes. The court may order a parent to pay retroactive child support if the parent has not previously been ordered to pay support for the child and was not a party to a suit in which support was ordered. Retroactive support may also be ordered if the prior child support order terminated as a result of marriage or remarriage and the parents subsequently separate. It is presumed that a court order limiting the amount of retroactive child support to an amount that does not exceed the total amount of support that would have been due for the four years preceding the date the petition seeking support was filed is reasonable and in the best interest of the child. Texas Family Code Sections 154.009 and 154.131. For Additional Information - No Link Provided

4.1. What information or documentation does your state require to proceed with establishing support for prior periods?

Standard UIFSA transmittal documents For Additional Information - No Link Provided

4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?

Yes.

4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.

Retroactive support, including presumed limits on periods of retroactive support, was generally addressed in the responses to I4.1 above. Under Texas Family Code Section 154.131 in ordering retroactive child support, the court shall consider the net resources of the obligor during the relevant time period and whether the mother of the child had made any previous attempts to notify the obligor of his paternity or probable paternity, the obligor had knowledge of his paternity or probable paternity, the order of retroactive child support will impose an undue financial hardship on the obligor or the obligor's family, and the obligor has provided actual support or other necessaries before the filing of the action. For Additional Information - No Link Provided

5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?

No. For Additional Information - No Link Provided

5.1. What about when public assistance is not being expended?

The existence of public assistance is not relevant.

6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?

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. For Additional Information - No Link Provided

7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.

Yes, unless Texas has continuing jurisdiction under both UIFSA and UCCJEA. For Additional Information - No Link Provided

7. Income Withholding

1. What are specific sources of income not subject to withholding?

Non-disposable earnings are not subject to withholding. This portion includes earnings of the obligor, other than child support, which the employer is required by law to withhold, union dues, nondiscretionary retirement contributions, and medical, hospitalization, and disability insurance coverage for the obligor and the obligor's children. Texas Family Code Section 101.010 and Texas Family Code Chapter 158. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.158.htm

2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.

Yes. Texas Family Code 158.009 specifies that the maximum amount to be withheld from an obligor's earnings is the amount specified in the IWO, up to a maximum amount of 50% of the obligor's disposable earnings which is within the CCPA limits. For Additional Information - No Link Provided

2.1 Does your state have policy or procedures allowing the agency to use lower limits than the CCPA?

3. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.

4. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?

5. What are your state’s sanctions for employers for not implementing income withholding?

6. What are the penalties to an employer for failure to remit payments withheld?

7. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state’s UI agency? If yes, please explain your process and include any additional required documents.

7.1 If no, what is your state’s process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.

8. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent’s financial institution in your state? If yes, please explain your process and include any additional required documents.

8.1 If no, what is your state’s process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.

9. How does a noncustodial parent contest an income withholding in your state?

10. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.

For Additional Information - No Link Provided

11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold?

8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.

Yes, Texas currently passes through up to the first $75 of the collections during a month to TANF families.

2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.

No.

3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?

PRWORA

4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?

With respect to a collection amount that pays off prior months' unassigned to Texas arrears, the money is applied to arrears claimed by the active state as shown on the Texas child support case management system, then to arrears claimed by the inactive state(s) (oldest to most recent denial date) as shown on the Texas child support case management system until each category is paid in full. With respect to a collection amount that pays off arrears assigned to Texas, the collection amount is retained by Texas.

4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?

With respect to a collection amount that pays off prior months' unassigned to Texas arrears, the money is applied to arrears claimed by the active state as shown on the Texas child support case management system, then to arrears claimed by the inactive state(s) (oldest to most recent denial date) as shown on the Texas child support case management system until each category is paid in full. With respect to a collection amount that pays off arrears not assigned to Texas, if there are no arrears shown on the Texas child support case management system, then the money is sent to the active state (Note: If the interstate indicator is blank, but the case is historically responding, and the system shows an active state, the money is sent to that state.). If there is no active state, the money is sent to the most recent inactive state and if there is no active or inactive state, the money is sent to the custodial parent. For Additional Information - No Link Provided

9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)

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2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?

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3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?

Cases reported to the consumer reporting agencies must meet the following criteria: The case must be obligated. The case is not a UIFSA initiating case. The case has not been deferred due to the NCP filing for bankruptcy. A valid social security number exists for the noncustodial parent. A valid name exists for the noncustodial parent. A complete address exists for the noncustodial parent. The current support payment start date must be more than 45 days old, or if there is no current support payment start date, the case start date must be more than 45 days old. A Notice of Intent to Report was previously sent to the noncustodial parent. For Additional Information - No Link Provided

4. To which credit bureaus does your state report a noncustodial parent's child support information?

Reports are made to Equifax, Transunion, and Experian.

5. Is the method for credit bureau reporting judicial, administrative, or both?

Administrative

6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"

Obligated title IV-D full service cases are reported and if there is no past-due amount, that will be reflected automatically in the report. The noncustodial parent may contact our agency to discuss and address situations when it is believed that the reporting is not accurate. If this contact does not address the concern, an administrative review may be requested.

7. When your state is the responding state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount?

No. Texas does not currently submit a debtor file for the federal administrative offset.

8. When your state is the initiating state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount?

No. Texas does not currently submit a debtor file for the federal administrative offset.

9. When your state is the responding state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount?

Yes. The system criteria include obligated cases with arrears of three times the current support obligation amount or $500, whichever is greater.

10. When your state is the initiating state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount?

Yes. The system criteria include obligated cases with arrears of three times the current support obligation amount or $500, whichever is greater.

11. When your state is the responding state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum required past-due amount?

Yes. Responding cases are submitted for assigned arrears only. For assigned arrears to be submitted, the combined total assigned arrears for all of a noncustodial parent's cases/causes must be $150 or more.

12. When your state is the initiating state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum past-due amount?

Yes. Initiating cases are submitted for assigned and unassigned arrears. For assigned arrears to be submitted, the combined total assigned arrears for all of a noncustodial parent's cases/causes must be $150 or more. For unassigned arrears to be submitted the combined total unassigned arrears for all of a noncustodial parent's cases/causes must be $500 or more and there must be an address for the custodial parent.

13. When your state is the responding state, does it submit past-due cases to OCSS for passport denial?

Yes. Responding cases are only submitted for assigned arrears.

14. Are the financial institution attachment procedures in your state judicial, administrative, or both?

Both, but most are handled administratively.

15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?

Under Texas Family Code Section 157.311, financial institutions subject to the data match agreement include banks, thrifts, federal or state credit unions, any benefit association, insurance companies, safe deposit companies, mutual funds, or similar institutions authorized to do business in the state. Accounts subject to the data match agreement include demand deposit accounts, checking or negotiable order of withdrawal accounts, savings accounts, time deposit accounts, and mutual fund accounts. Liens may apply to other types of financial institution accounts, even though the financial institution is not subject to the statutory data match agreement requirements. Noncustodial parents may challenge a lien of a particular financial institution account by claiming a state or federal exemption from garnishment, such as when the sole source of funds in the account are FEMA payments for underinsured or uninsured damage to real and personal property, for necessary living expenses, and for other needs. For Additional Information - No Link Provided

16. Is the financial institution attachment process in your state centralized and/or automated?

Although the FIDM match process is automated, Texas has a centralized office that helps to facilitate the freeze and seize lien processes associated with these accounts.

17. What are the criteria to attach an account in a financial institution in your state?

For noncustodial parent, obligors, to be considered for the FIDM match process, the associated case(s) must have assigned arrears of $150 or more or unassigned arrears of $500 or more. A claimant may enforce child support by a lien as provided in Texas Family Code Chapter 157, Subchapter G. The statute does not require a minimum arrearage balance. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.157.htm#G

18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.

Texas financial institution accounts are generally subject to child support liens. Interstate liens are enforced in the same manner as intrastate liens and may be initiated directly by other Title IV-D agencies. See Texas Family Code Chapter 157, Subchapter G. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.157.htm#G

19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.

As stated in the response to question # 5, statutory criteria apply. Texas financial institution accounts are generally subject to child support liens. Interstate liens are enforced in the same manner as intrastate liens and may be initiated directly by other Title IV-D agencies. See Texas Family Code Chapter 157, Subchapter G. Upon receipt of a Transmittal #1 enforcement request, the Texas IV-D program will assist the initiating state with enforcement of child support obligations, including the pursuit of liens, as appropriate. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.157.htm#G

20. Does your state's income withholding definition include amounts in financial institutions?

No. For Additional Information - No Link Provided

21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?

The state sends 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. The state also sends a copy to the obligor at the same time, giving the obligor 10 days to contest. For Additional Information - No Link Provided

22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?

The notice of lien/levy sent to the financial institution freezes the account and directs the financial institution to make payment 15-21 days later. For Additional Information - No Link Provided

23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.

Yes, the notice of lien/levy sent to the financial institution freezes the account and directs the financial institution to make payment 15-21 days later. During this time, the obligor may file a contest as provided in the notice. The notice gives the obligor 10 days to contest. Financial institution assets are generally secured through the lien process. Texas Family Code Section 157.3145. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.157.htm#157.3145

24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.

All (100 %) of the noncustodial parent's financial assets are eligible for attachment, but to the amount of child support arrears. If the account is a joint account, upon receipt of a Notice of Child Support Lien, a noncustodial parent and any person who has co-ownership interest in the account may request a review of the case to challenge the noncustodial parent's ownership and provide proof of account ownership. Any person who has co-ownership interest in an account must prove ownership. For Additional Information - No Link Provided

25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment?

26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.

For Additional Information - No Link Provided

27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?

28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?

29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?

30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.

31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?

32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?

33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.

34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?

35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?

36. What are the criteria for initiating/filing a lien in your state?

37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.

38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe.

39. Does your state have state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.

40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?

40.1 If yes, is this enforcement judicial, administrative, or both?

41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?

42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)

Every three years for active TANF cases, or upon request of a party. For Additional Information - No Link Provided

2. What is your state's modification procedure? Briefly describe.

Every three years for active TANF cases or upon request of a party, cases are reviewed for modification. if the case meets the criteria for a modification and Texas is the court of continuing jurisdiction, the legal action may be pursued judicially or through the state's Child Support Review quasi-administrative process. Upon learning that a noncustodial parent will be incarcerated for more than 180 days, a notice of right to request a review is sent to the custodial parent and noncustodial parent. For Additional Information - No Link Provided

3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?

Generally, to meet the criteria for a modification, there must be either a material and substantial change in circumstances for a party or the dependents, or if it has been three years since the current order was rendered and support would change by 20% or $100. Other situational modification criteria can be found in the Texas Family Code. For Additional Information - No Link Provided

4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

Not Cost of Living. For Additional Information - No Link Provided

4.1. The earnings of the noncustodial parent have substantially increased or decreased.

Yes.

4.2. The earnings of the custodial parent have substantially increased or decreased.

Yes.

4.3. The needs of a party or the child(ren) have substantially increased or decreased.

Yes. For Additional Information - No Link Provided

4.4. The cost of living has changed.

No.

4.5. The child(ren) has extraordinary medical expenses not covered by insurance.

Yes.

4.6. There has been a substantial change in childcare expenses.

Yes.

4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?

Criteria used to demonstrate a material and substantial change in circumstances to support a child support modification action are found in the Texas Family Code Chapter 156, Subchapter E. For Additional Information - No Link Provided

5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)

No.

6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)

No. Upon learning that a noncustodial parent will be incarcerated for more than 180 days, an automated procedure sends a notice of right to request review to the custodial parent and noncustodial parent. For Additional Information - No Link Provided

7. If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment?

8. Does your procedure require a request from a party to review an order in an IV-D Non-Public Assistance case? If yes, must the party sign the request?

9. Can the IV-D agency initiate a review in an IV-D Non-Public Assistance case without a request from the party (for example, based on data from automated sources that the parent is receiving unemployment or SSI)?

11. Lump Sum Payments

3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?

Texas law requires employers to notify the Texas IV-D agency before making a lump-sum payment to an employee if the employer is in receipt of an income withholding order on a Title IV-D case and the lump sum gross amount is $500 or more. This notification may be made by the employer either completing and submitting the Notice of Intent to Distribute Lump Sum Payments or Lump Sum Notice File Layout form which is found on the OAG Employer Website www.employer.oag.state.tx.us, using the data transfer system available to employers registered on the OAG Employer Website, or using the Texas IV-D lump sum contact information on the OCSE Employer Contact and Program Information page to notify the Texas IV-D agency of a lump sum. The reporting employer must not pay the lump sum to the employee until the earlier of 10 days from the date the employer provided notice of the lump sum to the Texas IV-D agency, or until the employer receives authorization from the Texas IV-D agency to make payment. The employer lump sum is considered earnings subject to income withholding. As earnings of the obligor, state law limits the withholding maximum to the lesser of the amount of the arrears or 50 percent of the obligor disposable earnings. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.158.htm#158.009

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.

Generally, no. The mandatory annual fee and actual court costs are examples of costs that may be assessed.

1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)

The mandatory annual fee is collected from the support collected as described in question #3. The court may order the noncustodial parent to pay court cost associated with a legal action on a case-by-case.

2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.

Yes. Court costs, including genetic testing costs, incurred during a legal action within the state of Texas may be recovered from the obligor. These fees are not recovered from the initiating state agency.

3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.

Custodial parents who receive full service monitoring and enforcement services and have never received public assistance will pay a $35 annual service fee for each year they receive more than $550 in child support collections. The fee will be deducted from the child support payment. This fee is not assessed on responding interstate cases.

3.1. Is it retained by the state from support collected?

Yes.

3.2. Is it paid by the individual applying for child support services?

It is collected from the support that would have been distributed to the custodial parent. See the response to question 3.

3.3. Is it recovered from the noncustodial parent?

No.

3.4. Is it paid by the state out of its state funds?

No.

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)

Yes. The Texas Title IV-D agency operates a program under which insurers shall cooperate with the Title IV-D agency in identifying obligors who owe child support arrearages and are subject to liens for child support arrearages to intercept certain insurance settlements or awards for claims in satisfaction of the arrearage amounts. The Texas Administrative Code sets out two methods for compliance: participate in an automated data matching process (through OCSE or the authorized industry service provider), or utilize the individual lookup process. For Additional Information - http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.231.htm#231.015

2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program?

The case selection criteria includes all open full service eligible cases that have assigned arrears of $150 or more, or unassigned arrears of $500 or more.

3. What process does your state use to intercept insurance payments?

Texas uses the child support lien process to intercept insurance payments. For Additional Information - No Link Provided

4. How does another state initiate and intercept collections from your state’s workers’ compensation agency?

Income withholding orders and child support liens can be submitted to the Worker's Compensation carriers directly by another state IV-D agency without initiating a UIFSA action to the Texas IV-D agency. If a UIFSA enforcement action has been initiated to the Texas IV-D agency and Texas is serving as the responding state, the Texas IV-D agency will initiate the appropriate income withholding order or child support lien. For Additional Information - No Link Provided

5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?

Yes.

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)

Yes, using another MSC message.

2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)

3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)

Yes, using another MSC message.

4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)

Yes, using another MSC message.

5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)

Yes, using another MSC message.

6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

Yes, using another MSC message.

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?

There is no cost if the request is sent to the IV-D agency as a request for information on an existing responding interstate case (Transmittal #2) or as a limited service request (Transmittal #3). If the request is made directly to a Texas court, the clerk may charge a fee which varies by the order, generally based upon the fee charged in that county per page. For Additional Information - No Link Provided

2. What are the procedures and associated costs for obtaining a certified payment record?

There is no cost if the request is sent to the IV-D agency as a request for information on an existing responding interstate case (Transmittal #2) or as a limited service request (Transmittal #3). For Additional Information - No Link Provided

17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?

Texas Family Code Chapter 159. For Additional Information - No Link Provided

2. How does your state define the tribunal (See UIFSA 103)?

STATE TRIBUNAL AND SUPPORT ENFORCEMENT AGENCY (a) The court is the tribunal of this state. (b) The office of the attorney general is the support enforcement agency of this state. See Texas Family Code Section 159.103. For Additional Information - No Link Provided

3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?

Only one original set of documents is required. Copies can be made as needed.

4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?

One-sided documents are preferred for intergovernmental forms packets.

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)

N/A

2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)

No.

3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?

Yes.

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)

Although an abstract is permissible under the law, the complete text is preferred as it avoids delays if there is a sustain optional completeness type objection, which would require a reset to obtain the complete text or could result in an adverse ruling by the court. For Additional Information - No Link Provided

2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.

Yes. While these are normally received by mail, documents may be exchanged electronically, such as by secure, encrypted email.

3. What methods of personal service does your state use?

The type of legal action will determine the kind of service required, and if service of process may be waived. The initial notice requirement to a party in a judicial action may be fulfilled in one of the following ways: the party signing a waiver of service; the execution of personal service of process on the party; or the party making a general appearance.

4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)

In Texas under Texas Family Code Section 154.0655 and 154.067, a court has the ability to impute or deem income associated with the obligor under certain circumstances. For Additional Information - No Link Provided

5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.

Yes. The Child Support Review Process, codified in Chapter 233 of the Texas Family Code, provides a quasi-administrative process to resolve many establish, modification, and arrears issues in Title IV-D cases.

6. What circumstances will cause your state to end child support before the normal duration?

Under Texas Family code Section 154.006 (a) Unless otherwise agreed in writing or expressly provided in the order or as provided by Subsection (b), the child support order terminates on: 1. the marriage of the child; 2. the removal of the child's disabilities for general purposes; 3. the death of the child; 4. a finding by a court that the child is (A) is 18 years of age or older; (B) has failed to comply with the enrollment or attendance requirements described by Section 154.002(a); 5. the issuance under Section 161.005(h) of an order terminating the parent-child relationship between the obligor as the child's genetic father; or 6. if the child enlists in the armed forces of the United States, the date on which the child begins active service as defined by 10 USC Section 101. (b) Unless a nonparent or agency has been appointed conservator of the child under Chapter 153, the order for current child support, and any provision relating to the conservatorship, possession, or access terminates on the marriage or remarriage of the obligor and oblige to each other. For Additional Information - No Link Provided

20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?

Payments may be disbursed by check, electronic funds transfer to a bank account based in the United States, or to a debit card. Currently do not have SWIFT(Society for Worldwide Interbank Financial Telecommunications) system.

2. What actions does your state take to reduce the costs and fees associated with international payment processing?

Texas takes no special actions regarding the fees and costs associated with outbound international payment processing. To reduce costs and fees associated with received payments, Texas submits foreign items for exchange rate prior to processing. In the event there is a non-sufficient funds (NSF) fee, the fee is assessed against the noncustodial parent.

3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.

No.

4. Does your state send international payments to participating foreign authorities via OCSS’ Central Authority Payment Service? If yes, please list which foreign authorities.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?

No.

1.1. If yes, list the tribes and identify services provided, if less than full services.

For Additional Information - No Link Provided

2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?

No.

22. Employer Services

1. Does your state require electronic payments? If yes, provide your state statutory citation.

Yes, employers in Texas with 50 or more employees must remit child support payments electronically within two business days after pay date.

2. What is your state's SDU bank name?

The SDU banks are Bank of America (paper checks) and JPMorganChase (electronic payments).

3. What is your state's SDU vendor name?

Systems and Methods, Inc manages the Texas State Disbursement Unit.

4. What is your state's web-based payment service for employers?

Web-based payment service: Smart E-Pay (free to employers and noncustodial parents) Phone: 855-853-8286 Website: https://tx.smartchildsupport.com Payments using e-wallet accounts such as Apple Pay, Google Pay, PayPal and Venmo are now accepted with a linked credit/debit card (employers and noncustodial parents)

5. What is your state's web-based payment service for noncustodial parents?

Web-based payment service: Smart E-Pay (free to employers and noncustodial parents) Phone: 855-853-8286 Website: https://tx.smartchildsupport.com Payments using e-wallet accounts such as Apple Pay, Google Pay, PayPal and Venmo are now accepted with a linked credit/debit card (employers and noncustodial parents)

6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from?

Credit Card Payments: Phone: 855-853-8286 Website: https://tx.smartchildsupport.com (credit card payments by noncustodial parents) Credit card payments accepted from noncustodial parents. Visa, Mastercard, Discover and American Express (The fee is 2.55%).

7. How does your state accept card payments?

Credit Card Payments: Phone: 855-853-8286 Website: https://tx.smartchildsupport.com (credit card payments by noncustodial parents) Credit card payments accepted from noncustodial parents. Visa, Mastercard, Discover, American Express, JCB, and Maestro (The fee is 2.55%).

8. Are there fees associated with the credit card payments?

The fee is 2.55%

9. Does your state have other payment options?

10. How many days following the first pay period after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?

1st pay period after receipt

11. When must an employer remit amounts withheld from an employee's pay?

Payday; for EFT/EDI payments, no later than 2nd business day after payday

12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?

To arrive at "Texas Family Code disposable earnings," calculate CCPA disposable earnings and then subtract union dues and medical, hospital and disability insurance for employee and dependents.

13. What is your state's priority for withholdings?

The cost of medical support for coverage provided through the employer is considered a deduction from income before reaching the disposable income available for support under the garnishment limits and therefore are not subject to maximum available income limits; any other medical support order is considered additional child support and no distinction made for the purpose of withholding priority. That priority is current support, interest, arrears, costs and fees.

14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation.

Texas Family Code garnishment cap is 50% of Texas Family Code disposable earnings, plus the garnishment amount for health insurance; if the CCPA garnishment limit is lower, the CCPA limit applies.

15. What are the withholding limits for non-employees?

50%

16. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally, or prorated among the cases? (See 45 CFR 303.100(a)(5).)

Divide equally

17. When does your state require employers to send notice of an employee's termination?

7 days after termination

18. How long should an employer retain the order after the employee's termination?

No law or policy

19. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii))

$10 per month

20. Provide your state's statutory citation.

Tex. Fam. Code §§158.009, 158.202, 158.203, 158.204 158.207, 158.211

21. Does your state have a definition of a lump sum or bonus? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer-related lump sums.)

Yes, Texas Family Code §158.215(a) states, "In this section, "lump-sum payment" means 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 on termination of employment."

22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.

Yes, Texas Family Code §158.215(c) states, "An employer to whom this section applies may not make a lump-sum payment to the obligor in the amount of $500 or more without first notifying the Title IV-D agency to determine whether all or a portion of the payment should be applied to child support arrearages owed by the obligor."

23. Does your state have a threshold amount for a lump sum to be reported?

$500 Texas Family Code §158.215(c)

24. Does your state citation or rule provide how long the employer must hold the lump sum?

10 days Texas Family Code §158.215(d)(1)

25. Is the Income Withholding Order (IWO) used for lump sums?

No

26. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved IWO for employer- issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?

Order/Notice to Withhold Income for Child Support Administrative Writ of Withholding

27. If the lump sum is earnings as defined by the CCPA, does your state limit the withholding to a greater degree than the CCPA limitation?

Yes, Texas limits withholding to 50% of obligor's disposable income. TEXAS FAMILY CODE sections 158.009, 158.215(a)

28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment?

No, if the lump sum is not earnings subject to the CCPA limits, the entire amount of the lump sum is subject to withholding for unpaid support.

29. What is your state's Medical Support Statute?

The Texas medical support statutes relating to orders in suits affecting the parent-child relationship are found in: Texas Family Code, Chapter 154,Subchapter D, MEDICAL SUPPORT AND DENTAL SUPPORT FOR CHILD (Sections 154.181 -154.193). Website: http://www.statutes.legis.state.tx.us/SOTWDocs/FA/htm/FA.154.htm#D

30. What is your state's Reasonable Cost Definition?

Under Texas Family Code Section 154.181(e), "reasonable cost" means the cost of health insurance coverage for a child that does not exceed nine percent of the responsible parent's annual resources, as described by Section 154.062(b). Website: http://www.statutes.legis.state.tx.us/SOTWDocs/FA/htm/FA.154.htm#154.181

31. What is the Health Coverage Expense?

The primary child support statutes addressing health coverage expenses for a child are found at: -Texas Family Code Section 154.182, HEALTH CARE COVERAGE FOR CHILD and -Texas Family Code Section 154.183, MEDICAL AND DENTAL SUPPORT ADDITIONAL SUPPORT DUTY OF OBLIGOR. Website: https://statutes.capitol.texas.gov/SOTWDocs/FA/htm/FA.154.htm#154.182 https://statutes.capitol.texas.gov/SOTWDocs/FA/htm/FA.154.htm#154.183

32. What is the Income Withholding Limits for Support?

Under Texas Family Code Section 158.009, MAXIMUM AMOUNT WITHHELD FROM EARNINGS, an order or writ of withholding shall direct that any employer of the obligor withhold from the obligor's disposable earnings the amount specified up to a maximum amount of 50 percent of the obligor's disposable earnings. Website: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.158.htm#158.009

33. What is the Priority of Withholding?

Priority of Withholding Under Texas Family Code Section 158.008, PRIORITY OF WITHHOLDING, an order or writ of withholding has priority over any garnishment, attachment, execution, or other assignment or order affecting disposable earnings. Website: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.158.htm#158.008

34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage?

Withholding prioritization and withholding maximums relate to the noncustodial parent's disposable earnings. Health coverage is deducted from those earnings in calculating the parent's disposable earnings. Disposable earnings are defined in Texas Family Code Section 101.010, DISPOSABLE EARNINGS. Website: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.101.htm#101.010

35. According to 45 CFR §303.32(a), what are your state options?

The Texas IV-D agency issues the National Medical Support Notice to the employer of the parent, noncustodial parent or custodial parent, required to provide health care coverage through an employment-related group health plan pursuant to the child support order.

36. What does your state do if an employee contests 45 CFR §303.32(c)(5)?

The statute and rule addressing employee National Medical Support Notice contests are found at: -Texas Family Code Section 154.186, NOTICE TO EMPLOYER CONCERNING MEDICAL SUPPORT OR DENTAL SUPPORT and - Texas Administrative Code Section 55.120, National Medical Support Notice, Request for Review of National Medical Support Notice, Termination of National Medical Support Notice Website: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.154.htm#154.186

37. What is the reporting timeframe (non-magnetic media only)?

Employers must report new hires and rehires within 20 calendar days from the date in which the employee starts earning wages.

38. What are the required data elements?

New Hire Information: Company name, Company mailing address (if different from payroll address, provide payroll address), Company Federal employer Identification Number (FEIN), Employee Name, Employee Address, Employee SSN, Date of Hire;

39. What are the methods of transmission?

Online (state portal/FTP), Mail, Fax

40. Does your state require independent contractor reporting?

Yes