Tex. Family Code § 231.1016 — TX Code / Code fa / Chapter 231 / Section 231.1016
§ 231.1016. REVIEW OF ADMINISTRATIVE ADJUSTMENT OF SUPPORT OBLIGATIONS.
Status: in_force

(a) Not later than the 30th day after receiving notice of an administrative adjustment of a support obligation under Section 231.1015, a party to the support order may contest the administrative adjustment by requesting that the Title IV-D agency review the agency's decision to grant the administrative adjustment.

(b) If a party to the support order does not request the Title IV-D agency to review the administrative adjustment within the time prescribed by Subsection (a), the Title IV-D agency shall file an administrative adjustment order with the court of continuing, exclusive jurisdiction. The order must contain a signed statement from the Title IV-D agency that neither party to the order requested an administrative review within the time required by Subsection (a) and state the amount of the obligor's adjusted support obligation during incarceration and the effective date of the administrative adjustment. The court shall sign the order not later than the seventh day after the date the order is filed. On expiration of the seventh day after the date the order is filed, the order is considered confirmed by the court by operation of law, regardless of whether the court has signed the order.

(c) On request by a party under Subsection (a), the Title IV-D agency shall:

(1) review the administrative adjustment of the support obligation to determine whether:

(A) the exceptions under Section 231.1015(b) apply; and

(B) the administrative adjustment accurately reflects the obligor's net resources during incarceration; and

(2) provide an opportunity for review with the contesting party in person, by telephone, or by remote communication including teleconferencing, videoconferencing, or other similar technology, as determined appropriate by the Title IV-D agency.

(d) After conducting a review under Subsection (c), the Title IV-D agency shall:

(1) affirm the administrative adjustment of the support obligation by issuing a notice of determination to the parties regarding the agency's decision to affirm the administrative adjustment; or

(2) withdraw the administrative adjustment of the support obligation by filing a notice with the court of continuing, exclusive jurisdiction withdrawing the administrative adjustment and issuing a notice of determination to the parties regarding the agency's decision to withdraw the administrative adjustment.

(e) Not later than the 30th day after a party receives notice under Subsection (d)(1), the party may file a motion requesting a hearing with the court of continuing, exclusive jurisdiction to contest the Title IV-D agency's administrative adjustment of the support obligation. A timely filed request for a hearing under this subsection stays the administrative adjustment of the support obligation pending the hearing. The court shall hold the hearing not later than the 30th day after the date the request is filed. At the hearing, the court shall review only the Title IV-D agency's determinations described by Section 231.1015(b) in a trial de novo.

(f) If a party to a support order does not file a motion requesting a hearing with the court of continuing, exclusive jurisdiction within the time prescribed by Subsection (e), the Title IV-D agency shall file an administrative adjustment order with the court of continuing, exclusive jurisdiction and shall attach to the order a copy of the notice of determination issued under Subsection (d)(1). The order must state the amount of the obligor's adjusted support obligation during incarceration and the effective date of the administrative adjustment. The court shall sign the order not later than the seventh day after the date the order is filed. On expiration of the seventh day after the date the order is filed, the order is considered confirmed by the court by operation of law, regardless of whether the court has signed the order.

(f-1) The Title IV-D agency may file together with an administrative adjustment order under this section an investigation report that includes any factual findings supporting the administrative adjustment order, including findings supporting the Title IV-D agency's compliance with Section 231.1015(d)(3). The investigation report must be in the form prescribed by the Title IV-D agency and signed by an agent of the Title IV-D agency. Unless a party contests the findings of the investigation report under Subsection (e), the investigation report conclusively establishes the findings.

(f-2) An administrative adjustment order filed under this section must be in the form prescribed by the Title IV-D agency.

(f-3) Notwithstanding Section 105.006, an administrative adjustment order filed under this section may not include the social security number, driver's license number, residence address, mailing address, home telephone number, name of employer, address of employment, or work telephone number of a party if:

(1) the court has previously made a finding and ordered nondisclosure under Section 105.006(c) relating to the parties and the order has not been superseded; or

(2) the Title IV-D agency indicates in an investigation report filed under Subsection (f-1) that the Title IV-D agency excluded the information of a party from the administrative adjustment order based on a family violence indicator that the Title IV-D agency placed on the case and recorded in the agency's unified enforcement system.

(f-4) On the filing of an administrative adjustment order, the clerk of the court may collect the fees authorized in a Title IV-D case by this chapter.

(g) The Title IV-D agency may adopt rules to implement this section.