| 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
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| 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.
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| 3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe. |
No
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| 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
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| 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
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| 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? |
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No.
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| 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. |
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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.
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| 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. |
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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.
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| 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.
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| 2. 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. |
Yes. Interest accrues on the delinquent child support at the rate of 6% simple interest per year from the date support is delinquent until the date the support is paid or the arrearages are confirmed and reduced to money judgment. Texas Family Code Chapter 157, Subchapter F. A child support judgment is subject to the interest rate in effect at the time the judgment was rendered. Texas Family Code section 157.265.
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| 3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
Yes. See Texas Family Code Chapter 157, Subchapter F. A child support judgment is subject to the interest rate in effect at the time the judgment was rendered. Currently, interest will accrue on a new judgment at the rate of 6% simple interest per year until paid or until the confirmation of a new cumulative money judgment. Texas Family Code section 157.265(b).
For Additional Information -
http://www.statutes.legis.state.tx.us/Docs/FA/html/FA.157.htm#F
For Additional Information - No Link Provided
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| 4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
Under Texas Family Code Section 157.265(c), interest accrues on a money judgment for retroactive child support at the annual rate of 6% simple interest from the date the order is rendered until the judgment is paid. A child support judgment is subject to the interest rate in effect at the time the judgment was rendered.
For Additional Information -
http://www.statutes.legis.state.tx.us/Docs/FA/html/FA.157.htm#F
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| 5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
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Yes. Unreimbursed medical expenses may be enforced pursuant to the terms of the order. Additional criteria may apply.
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| 6. 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? |
In Texas the order must be modified to change the person or entity entitled to receive support as well as to change the support obligation amounts.
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| 6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain. |
No.
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| 7. 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? |
Yes. To enforce a support obligation under the circumstances described above, the court must have entered an order naming the new non-parent custodial party as the child support payee. This party is normally also named as conservator, but in some instances the court may only modify the order to redirect the child support payments. Under most court orders, if the court only orders payment redirection, then the conservator with the right to designate the child's residence has the right to remove the child from the possession fo the non-parent custodial party.
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| 8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit? |
Yes. Under Texas Family Code Section 154.133, in applying the child support guidelines for an obligor who is receiving social security old age benefits and who is required to pay support for a child who receives benefits as a result of the obligor's receipt of social security old age benefits, the court shall apply the guidelines by determining the amount of child support that would be ordered under the child support guidelines and subtracting from that total the amount of benefits or the value of the benefits paid t or for the child as a result of the obligor's receipt of social security old age benefits.
Further under Texas Family Code Section 157.009, in addition to any other credit or offset available to an obligor under this title, if a child for whom the obligor owes child support receives a lump-sum payment as a result of the obligor's disability and that payment is made to the oblige as the representative payee of the child, the obligor is entitled to a credit. The credit under this section is equal to the amount of the lump-sum payment and shall be applied to any child support arrearage and interest owed by the obligor on behalf of that child at the time the payment is made.
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| 9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
Yes. The court has the ability to enter an order that either sets support at $0 or abates the obligor's current support obligations. Normally support is not abated though as a result of the receipt of Social Security Disability benefits. In some cases, the resulting current child support calculations described in the response to Question 8 will be a $0 current child support order.
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| 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).
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| 2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
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
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| 3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
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.
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| 4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
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.
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| 5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
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.
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| 6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
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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.
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| 7. What, if any, is the agency name and link for your state's putative fathers' registry? |
In Texas the registry of paternity is established in the Texas Vital Statistics Section of the Texas Department of State Health Services
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| 8. 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? |
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
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| 9. 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? |
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.
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| 9.1. Describe any circumstances under which these fees may be waived? |
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.
Fees are incurred for requests sent directly to the Texas Vital Statistics Section of the Texas Department of State Health Services as stated on the agency's website. 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.
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| 10. 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. |
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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.
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| 11. 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. |
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A Texas statute recognizing informal marriage was enacted ty the 61st Legislative Session and became effective January 1, 1970. Prior to that time, Texas case law recognized the institution of informal marriage. in 1997, informal marriage was codified within the Texas Family Code Section 2.401. The statute was amended in 2005 adding subsection (d):
"A person may not be a party to an informal marriage or execute a declaration of an informal marriage if the person is presently married to a person who is not the other party to the informal marriage or declaration of an informal marriage, as applicable."
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| 12. 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? |
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Only one intergovernmental packet is needed, including a separate Declaration in Support of Establishing Parentage form for each child.
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| 1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
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Texas uses both judicial and quasi-administrative processes to establish obligations. Intergovernmental responding cases are most frequently handled judicially.
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| 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.
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| 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.
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| 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.
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| 2.1. What documentation is required as proof/evidence of this information? |
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Admissible evidence of the noncustodial parent's income, which may be in the form of testimony.
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| 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.
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| 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.
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| 4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
Standard UIFSA transmittal documents
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| 4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
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Yes.
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| 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.
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| 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.
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| 5.1. What about when public assistance is not being expended? |
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The existence of public assistance is not relevant.
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| 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
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| 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.
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| 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.
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| 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
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| 2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA? |
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.
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| 2.2. What are the withholding limits for non-employees? |
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. This would apply to non-employee situations, such as where the obligor is receiving unemployment benefits.
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| 3. 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). |
An employer may deduct an administrative fee of not more than $10.00 each month from the non-custodial parent's disposable earnings in addition to the amount to be withheld as child support. Texas Family Code Section 158.204
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| 4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
No.
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| 5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
Not later than the first pay period following the date on which the order or writ was delivered to the employer.
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| 5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
On the pay date, not later than the first pay period following the date on which the order or writ was delivered to the employer.
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| 6. When must an employer remit amounts withheld from an employee's pay? |
The employer must remit on each pay date.
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| 7. What are your state's sanctions for 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. Prior to seeking judicial action, employer follow-up and outreach is conducted seeking voluntary compliance by the employer.
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| 7.1. What are the penalties to an employer for failure to remit payments withheld? |
he employer may be liable to the obligee for the amount not paid in compliance with the order or writ of withholding. In addition to the civil remedies provided by this subchapter, other applicable penalties may apply. Texas Family Code Sections 158.203, 158.206 and 158.210.
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| 8. 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. |
No.
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| 8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
A request to withhold unemployment insurance benefits for child support must be initiated through the Texas agency via an automated interface. Another state agency may initiate an intergovernmental request to Texas to request garnishment of unemployment insurance benefits. The required documents include a Transmittal #1, payment history and certified copy of the support order.
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| 9. 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. |
No.
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| 9.1. 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. |
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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
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| 10. How does a noncustodial parent contest an income withholding in your state? |
The obligor may seek to stay issuance of a judicial writ of withholding by filing a verified motion to stay with the clerk of court not later than the 10th day after the date the notice of application for judicial writ of withholding was received. The obligor may dispute an administrative writ of withholding through requesting a review by the Title IV-D agency.
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| 11. 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).) |
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An employer receiving two or more orders or writs for one obligor shall comply with each order or writ to the extent possible. If the total amount due under the orders or writs exceeds the maximum amount allowed to be withheld, the employer shall pay an equal amount towards the current support in each order or writ until the employer has complied fully with each current support obligation and, thereafter, equal amounts on the arrearages until the employer has complied with each order or writ, or until the maximum total amount of allowed withholding is reached, whichever occurs first. An employer who receives more than one order or writ of withholding that combines withholding for child support and spousal maintenance withholds income and pays the amount withheld in accordance with Texas Family Code Section 8.207. Texas Family Code Sections 8.101, 8.207, 158.009, and 158.208.
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| 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? |
Under Texas Family Code Sections 101.010 and 158.001, disposable earnings means the part of the earnings remaining after the deduction of any amount required by law to be withheld, union dues, nondiscretionary retirement contributions, and medical, hospitalization, and disability insurance coverage for the obligor and the obligor's children.
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| 13. When does your state require the employer to send notice of an employee's termination? |
The employer is required to provide notice of an employee termination no later than the seventh day after the date employment is terminated.
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| 14. 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. |
The distribution of child support receipts is governed by each of the following: federal law 42 USC section 657; regulations 45 CFR sections 302.32, 302.51; federal action transmittals OCSE AT 97-17 and 98-24; and State law TFC 157.268. Under Texas Family Code Section 157.268, child support collected shall be applied in the following order of priority:
1. current child support;
2. non-delinquent child support owed;
3. the principal amount of child support that has not been confirmed and reduced to money judgment;
4. the principal amount of child support that has been confirmed and reduced to money judgment;
5. interest on the principal amounts specified in Subdivisions (3) and (4); and (6) the amount of any ordered attorney's fees or costs, or Title IV-D service fees authorized under Section 231.103 for which the obligor is responsible.
Cash medical and dental support is considered "child support". Current spousal maintenance (spousal support) is applied after current child support, and a spousal maintenance arrearage payment is applied after child support arrears.
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| 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.
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| 4. To which credit bureaus does your state report a noncustodial parent's child support information? |
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Reports are made to Equifax, Transunion, and Experian.
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| 5. Is the method for credit bureau reporting judicial, administrative, or both? |
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Administrative
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| 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?" |
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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.
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| 7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
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No. Texas does not currently submit a debtor file for the federal administrative offset.
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| 8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
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No. Texas does not currently submit a debtor file for the federal administrative offset.
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| 9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
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Yes. The system criteria include obligated cases with arrears of three times the current support obligation amount or $500, whichever is greater.
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| 10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
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Yes. The system criteria include obligated cases with arrears of three times the current support obligation amount or $500, whichever is greater.
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| 11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount? |
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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.
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| 12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount? |
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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.
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| 13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial? |
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Yes. Responding cases are only submitted for assigned arrears.
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| 14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
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Both, but most are handled administratively.
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| 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
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| 16. Is the financial institution attachment process in your state centralized and/or automated? |
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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.
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| 17. What are the criteria to attach an account in a financial institution in your state? |
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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
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| 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 -
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| 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. |
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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
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| 20. Does your state's income withholding definition include amounts in financial institutions? |
No.
For Additional Information - No Link Provided
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| 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
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| 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
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| 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 -
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| 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
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| 25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment? |
Valid contests generally include that the noncustodial parent is not the owner of all or part of the financial institution asset/account, the noncustodial parent's child support has been paid in part or in full, or there is other justification for a release of lien as to the financial institution asset/account.
For Additional Information - No Link Provided
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| 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. |
Yes. Judicial foreclosure of liens is authorized under Texas Family Code section 157.323.
For Additional Information -
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| 27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
A judicial or administrative action to suspend the noncustodial parent's driver's license under Texas Family Code Chapter 232 is appropriate when the noncustodial parent owes overdue child support in an amount equal to or greater than the total support due for three months under a support order; has been provided and opportunity to make payments toward overdue child support under a court ordered or agreed repayment schedule; and has failed to comply with the repayment schedule.
For Additional Information - No Link Provided
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| 28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
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Depending on the mechanism for suspending the license, the court or Title IV-D agency may vacate or stay an order suspending the NCP's license if the NCP has paid all delinquent child support or has established a satisfactory payment record; complied with the requirements of a reissued subpoena; or complied with the terms of any court order providing for the possession of or access to a child; or the court or Title IV-D agency determines that good cause exists for vacating or staying the order.
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| 29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
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No.
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| 30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
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A judicial or administrative action to suspend the noncustodial parent's professional license under Texas Family Code Chapter 232 is appropriate when the noncustodial parent owes overdue child support in an amount equal to or greater than the total support due for three months under a support order; has been provided and opportunity to make payments toward overdue child support under a court ordered or agreed repayment schedule; and has failed to comply with the repayment schedule. To be subject to the license suspension process, the license must be issued by the State of Texas or a political subdivision of the State of Texas (for example, a county commission is a political subdivision, but a municipality is not), current and valid to be subject to suspension and issued to the individual obligor, not to a partnership or corporation.
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| 31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
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Depending on the mechanism for suspending the license, the court or Title IV-D agency may vacate or stay an order suspending the NCP's license if the NCP has paid all delinquent child support or has established a satisfactory payment record; complied with the requirements of a reissued subpoena; or complied with the terms of any court order providing for the possession of or access to a child; or the court or Title IV-D agency determines that good cause exists for vacating or staying the order.
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| 32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
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No.
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| 33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
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A judicial or administrative action to suspend the noncustodial parent's hunting, fishing or other recreational activity license under Texas Family Code Chapter 232 is appropriate when the noncustodial parent owes overdue child support in an amount equal to or greater than the total support due for three months under a support order; has been provided and opportunity to make payments toward overdue child support under a court ordered or agreed repayment schedule; and has failed to comply with the repayment schedule. To be subject to the license suspension process, the license must be issued by the State of Texas or a political subdivision of the State of Texas (for example, a county commission is a political subdivision, but a municipality is not), current and valid to be subject to suspension and issued to the individual obligor, not to a partnership or corporation.
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| 34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
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Depending on the mechanism for suspending the license, the court or Title IV-D agency may vacate or stay an order suspending the NCP's license if the NCP has paid all delinquent child support or has established a satisfactory payment record; complied with the requirements of a reissued subpoena; or complied with the terms of any court order providing for the possession of or access to a child; or the court or Title IV-D agency determines that good cause exists for vacating or staying the order.
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| 35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
No.
For Additional Information - No Link Provided
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| 36. What are the criteria for initiating/filing a lien in your state? |
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 -
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| 37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
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Both. The lien is filed in the county where the asset is located, the county of jurisdiction or with the asset holder. A financial institution asset or insurance lien is usually processed administratively. Real property and other non-liquid asset seizure and sale proceedings are usually processed judicially.
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| 38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe. |
Yes. When determined appropriate, real property and other non-liquid asset seizure and sale proceedings are usually processed judicially.
For Additional Information - No Link Provided
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| 39. Does your state have a 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. |
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No. Texas does not have a state income tax for Texas residents.
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| 40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
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As provided by Texas Government Code Section 403.055, the Texas State Debt Set-Off (SDSO) is a child support collection tool in which state warrants otherwise payable to a person, including state lottery winnings, are held by the TCPA to collect past due child support. State law prohibits the TCPA from issuing a warrant to a noncustodial parent who owes a debt to the State. To be eligible for state lottery intercept, the sum of the total support arrears from all the noncustodial parent's eligible cases/causes must be greater than $100. The state lottery intercept threshold is less than other SDSO sources.
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| 40.1. If yes, is this enforcement judicial, administrative, or both? |
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Administrative
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| 41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
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As provided by Texas Government Code Section 403.055, the Texas State Debt Set-Off (SDSO) is a child support collection tool in which state warrants otherwise payable to a person are held by the TCPA to collect past due child support. State law prohibits the TCPA from issuing a warrant to a noncustodial parent (NCP) who owes a debt to the State. To be eligible for SDSO, other than lottery intercept, an NCP's active full-service case(s) will be included when the total support arrears from all the NCP's eligible case/causes is greater than $500 and the total support arrears on at last one eligible case/cause total is greater than three times the monthly obligations.
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| 42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
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Child support enforcement is addressed in Texas Family Code Chapter 157.
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