1. 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. 

2. 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§

3. 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.

5. 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

6. 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§
OAG records are confidential under federal law.
42 USC§654(26)(a); 45 CFR§303.21

7. 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.

8. 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 § )
3 years – no locate
1 year – no locate, no SSN
6 months – no locate, no SSN, no DOB

9. 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.

10. 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

11. Child Support Review Process
AGREED CSRP
In paternity cases, the OAG can complete DNA testing for the parties. (TFC§ )
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§ )

12. 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§ )
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§ )

13. 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§ (d); )
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§ )

14. 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)

15. 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§ (a)(2))
These cases are potentially CSRP eligible. (TFC§ )
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§ (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§ (a)(1))

16. 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

17. Enforcement – Special Collections Unit
Account Lien
Insurance Lien
Property Lien
Passport Denial
State Debt Set-Off
Obligor’s Only: (866)
Denial of Motor Vehicle Registration Renewal
DMVR Hotline: (866)
ALL OTHER ENFORCEMENT REMEDIES: LOCAL FIELD OFFICE

18. 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§ )
Administrative remedies are pursued until arrears are paid in full or case is closed in accordance with federal regulations. (TFC§ ; see e.g. TFC§ )