Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter D - LOTTERY GAME RULES › Section 401.318 - Withholding of Delinquent Child-Support Payments from Lump-Sum and Periodic Installment Payments of Lottery Winnings in Excess of Six Hundred Dollars

Current through Reg. 49, No. 28; July 12, 2024
(a) In the event of
				  a single cash value lottery prize payment, the executive director shall deduct
				  from the lottery prize payment the amount of delinquent child support owed by
				  the prize winner if the executive director has been provided with a certified
				  copy of a court order, or a writ of withholding issued under Chapter 158,
				  Family Code, or a notice of child support lien created under Subchapter G,
				  Chapter 157, Family Code.
(b) A
				  person, who is entitled to receive the delinquent child support payments, may
				  file a certified copy of a court order, writ of withholding, or notice of child
				  support lien for delinquent child support with the Office of the Controller,
				  Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6630. If these
				  are on file for at least ten business days before the payment date, the
				  delinquent amount will be withheld and will be forwarded to the person entitled
				  to receive the delinquent child support payments, if the recipient is not
				  otherwise prohibited from receiving the funds. If for any reason the person who
				  is entitled to the delinquent child support payment cannot be located, the
				  payment will be transferred to the clerk of the court that issued the order for
				  placement in the registry of the court. The Commission will maintain the
				  certified court order, notice of a child support lien, or writ of withholding
				  for a total of twenty-four months from the date of receipt and in accordance
				  with time limits of Government Code, §
										RSA
				  466.408 for filing a claim for a lottery
				  prize. It is the responsibility of the person to whom delinquent child support
				  is owed to re-submit the certified court order, notice of child support lien,
				  or writ of withholding in accordance with Commission procedures.
(c) If a person's winnings exceed the amount
				  deducted under subsection (b) of this section and any other laws of the State
				  of Texas requiring a deduction from the winnings of a lottery winner, the
				  executive director shall pay the balance to the person entitled to the prize
				  winnings.
(d) This withholding
				  authorization only applies to delinquent child support payments.
(e) If any conflicting claim exists or arises
				  as to funds subject to a child support withholding request, the funds to which
				  a conflict exists may be interpleaded into a court of competent jurisdiction
				  for determination of right to the funds.
(f) If prize winnings are interpleaded into a
				  court, that amount of the funds required to be submitted to the United States
				  Internal Revenue Service (IRS) will be withheld by the Commission until a
				  determination is made as to who is entitled to the prize payments. When such
				  determination is made, the withheld funds will be submitted to the IRS, to the
				  account of the person determined to be entitled to the payments.