The Lifecycle of an OAG Child Support Case Matthew Block Assistant Deputy Director for Field Legal Practice Views expressed are those of the presenters, do not constitute legal advice, and are not official opinions of the Office of the Texas Attorney General. 

Title IV-D Child Support Services As the Title IV-D Program in the State of Texas, the OAG provides the following service on active child support cases: Parent Locator Services Paternity Determination Establishment of Child, Medical, and Dental Support Orders Modification of Support Orders Enforcement of Child, Medical, and Dental Support Orders Collection and Distribution of Support Payments See generally TFC§231.101

Caseload at a Glance TOTAL CASELOAD: The OAG child support caseload exceeds 1.5 million active cases. Approximately 1 in 4 Texas children are served by the OAG. CHILD SUPPORT DISBURSEMENTS: FY17 – Exceeded $4.2 billion FY18 – Exceeded $4.3 billion LEGAL FATHERHOOD AND FIRST-TIME OBLIGATIONS: The OAG established legal fatherhood for more that 30,000 children in both FY17 and FY18. The OAG established first-time court ordered obligations for more than 60,000 cases in both FY17 and FY18.

Application and Referral How does a case become an OAG case? DIRECT APPLICATION Custodial Party (Parent, Relative Caretaker, Non-Relative Caretaker) Non-Custodial Parent HEALTH AND HUMAN SERVICES REFERRAL Child-only Medicaid Benefits Child and Custodial Party Medicaid Benefits Temporary Assistance for Needy Families (TANF) Recipient DEPARTMENT OF FAMILY & PROTECTIVE SERVICES (DFPS) REFERRAL Establish Paternity Collect and distribute court ordered support owed to DFPS

Application and Referral: Confidentiality The OAG cannot reveal the basis for a case opening to another party or the court. OAG records are confidential under Texas state law. TFC§231.108 OAG records are confidential under federal law. 42 USC§654(26)(a); 45 CFR§303.21

Locate OAG LOCATE SOURCES Parties Data Matches (Auto-locate) Child Support Officer (Manual-locate) Regional Field Investigators REMINDER: CONFIDENTIALITY The OAG is bound by strict state and federal confidentiality statutes. There is a heightened-standard applied when possible family violence issues exist. In some instances, parent locator services may be available.

No Locate Information If the OAG is unable to verify locate, then the OAG is unable to pursue legal action. Auto-locate efforts continue if there is available demographic information for system data matches. Case deferral can occur if there is not enough demographic information. Case closure can occur if the OAG is unable to verify locate with certain timeframes. (45 CFR § 303.11) 3 years – no locate 1 year – no locate, no SSN 6 months – no locate, no SSN, no DOB

Locate Verified If the OAG verifies locate, then the OAG pursues legal action. CHILD SUPPORT REVIEW PROCESS A negotiation conference is held and a proposed order is obtained through an administrative process. Parties are able to obtain resolution to legal issues in an expedited manner. JUDICIAL PROCESS Hearings and resulting orders are obtained through the traditional court process. Parties will be subject to the timeframes, potential delays and costs inherent in the judicial process.

Child Support Review Process GOVERNED BY TFC§233 ADMINISTRATIVE PROCESS A negotiation conference is conducted by a Child Support Review Officer (CSRO). OAG considers all establishment cases for CSRP. Telephonic conferences may be available when necessary for a party’s attendance. Some cases are excluded from CSRP: Allegations of family violence/safety concerns Foster care cases Cases with history of non-cooperation by parties Cases with minors

Child Support Review Process AGREED CSRP In paternity cases, the OAG can complete DNA testing for the parties. (TFC§233.028) A proposed agreed order shall be signed by the court and if not, the order is confirmed by operation of law three days after filing. (TFC§233.024)

Child Support Review Process NON-AGREED CSRP Either party can disagree with the proposed order at the negotiation conference. Either party may request a hearing and the parties are entitled to an expedited hearing. (TFC§233.026) If a party fails to appear, a proposed order is drafted and served upon the other party. Once served with the petition to confirm the non-agreed order, the party can request a hearing. The request for hearing must be filed within 20 days of service. If a party fails to file a timely hearing request, the proposed order shall be signed by the court. (TFC§233.0271)

Judicial Filing If a CSRP is unsuccessful or ineligible, then the OAG can pursue a judicial remedy. A petition is filed and a hearing scheduled on a IV-D docket. The cases are primarily set before the IV-D associate judge. (TFC§201.101(d); 201.104) Service is issued on parties unwilling or unable to complete waivers of service. 75% of cases must be served within 120 days. Title IV-D cases are expedited judicial actions. 75% of cases must be resolved within 6 months of service on the parties. 90% of cases must be resolved within 12 months of service on parties. (TFC§201.110)

Order Entry/System Update The OAG updates the new order on the OAG case processing system within 7 days of receipt of the order. However, order entry can be delayed due to the following common issues: OAG not provided a copy of the order Court of Continuing Exclusive Jurisdiction Uncertain obligations (number and words conflict, “to be determined”) Obligation start dates (missing start date or prior to judgment dates) Missing medical support obligations Injunction/Mandate to OAG OAG assignment released No service/notice to OAG Distribution of Payment Issues (judgment “as of” dates; combined judgments)

Modification OAG notifies parties every three years of their right to a modification review. Review and adjustment packet should be completed by either party. 20% or $100 difference, or a material/substantial change of circumstances is required. (TFC§156.401(a)(2)) These cases are potentially CSRP eligible. (TFC§233.013) Exception to the three year review: If parties previously deviated from child support guidelines, their case will not be eligible for a three year review. (TFC§156.401(a-1)) Party may request a review and modification from the OAG at any time. Review and adjustment packet can be requested and returned to the field office. Material and substantial change of circumstances needed for OAG to pursue a modification. (TFC§156.401(a)(1))

Enforcement ADMINISTRATIVE REMEDIES Delinquency Letters/Lump Sum Letters Collection Calls Lottery Intercept Administrative Income Withholding Social Security Disability National Medical Support Notice State Debt Set-Off Unemployment Benefits Worker’s Compensation Federal Income Tax Intercept Passport Denial Financial Institution Data Match (FIDM) Credit Bureau Reporting License Suspension and Denial of License Renewal Denial of Motor Vehicle Registration Lien/Levy Insurance Intercept

Enforcement – Special Collections Unit Account Lien Insurance Lien Property Lien Passport Denial State Debt Set-Off Obligor’s Only: (866) 445-4556 Denial of Motor Vehicle Registration Renewal DMVR Hotline: (866) 646-5611 ALL OTHER ENFORCEMENT REMEDIES: LOCAL FIELD OFFICE https://www.texasattorneygeneral.gov/cs/information-for-attorneys https://sbotfam.org/the-family-law-section/aag-contact-list/

Enforcement JUDICIAL REMEDIES Contempt Community Supervision/Probation NCP Choices Judgment Revocation License Suspension Property Lien Some judicial remedies must be pursued within specific time periods. (TFC§157.005) Administrative remedies are pursued until arrears are paid in full or case is closed in accordance with federal regulations. (TFC§157.264; see e.g. TFC§158.102)