reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter D - FORMS FOR CHILD SUPPORT ENFORCEMENT › Section 55.116 - Notice of Administrative Writ of Withholding and the Income Withholding for Support

Current through Reg. 49, No. 28; July 12, 2024
(a) This form is
				  sent to the obligor by the Title IV-D agency, or a domestic relations office,
				  informing the obligor that withholding has commenced and providing procedures
				  for contesting the withholding. The prescribed form for Notice of
				  Administrative Writ of Withholding (Form 1852) can be obtained from the Texas
				  Attorney General's Child Support Division webpage www.texasattorneygeneral.gov
				  under Child Support, Forms.
(b)
				  This form is issued by the Title IV-D agency or domestic relations office to
				  initiate withholding for the enforcement of an existing order. The prescribed
				  form for Income Withholding for Support (Form OMB 0970-0154) can be obtained
				  from the Texas Attorney General's Child Support Division webpage
				  www.texasattorneygeneral.gov under Child Support, Forms.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter D - FORMS FOR CHILD SUPPORT ENFORCEMENT › Section 55.117 - Request for Issuance of Income Withholding for Support

Current through Reg. 49, No. 28; July 12, 2024
This form is used to request issuance of the Income
					 Withholding for Support. The prescribed form for Request for Issuance of Income
					 Withholding for Support (Form 1853) can be obtained from the Texas Attorney
					 General's Child Support Division webpage www.texasattorneygeneral.gov under
					 Child Support, Forms.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter D - FORMS FOR CHILD SUPPORT ENFORCEMENT › Section 55.118 - Income Withholding for Support

Current through Reg. 49, No. 28; July 12, 2024
This form is federally mandated for use in IV-D and non
					 IV-D cases. It is used as a judicial withholding document, when issuing an
					 original withholding order, amended withholding order, or to terminate
					 withholding. The prescribed form for Income Withholding for Support (Form OMB
					 0970-0154) can be obtained from the Texas Attorney General's Child Support
					 Division webpage www.texasattorneygeneral.gov under Child Support,
					 Forms.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter D - FORMS FOR CHILD SUPPORT ENFORCEMENT › Section 55.119 - Forms for Notice of Lien, for Release of Child Support Lien, and for Partial Release of Child Support Lien

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  following form is to be filed with the county clerk of a county in which real
				  or personal property of the obligor is believed to be located in accordance
				  with the Texas Family Code, Chapter 157, Subchapter G. Notice of the lien may
				  be given to any person known to be in possession of real or personal property
				  of the obligor, and if such notice is given the property may not be paid over,
				  released, sold, transferred, encumbered, or conveyed without incurring the
				  penalties provided by the Texas Family Code, §
										RSA
				  157.324. The prescribed form for Notice of
				  Lien (Form OMB 0970-0153) can be obtained from the Texas Attorney General's
				  Child Support Division webpage www.texasattorneygeneral.gov under Child
				  Support, Forms.
(b) The following
				  form is to be used when the payment in full of all child support, costs, and
				  attorney fees has been made. The prescribed form for Release of Child Support
				  Lien (Form 1854B) can be obtained from the Texas Attorney General's Child
				  Support Division webpage www.texasattorneygeneral.gov under Child Support,
				  Forms.
(c) The following form is to
				  be used when not all child support, costs and attorney fees have been paid but
				  the claimant agrees to release the lien on specific property. The prescribed
				  form for Partial Release of Child Support Lien (Form 1854C) can be obtained
				  from the Texas Attorney General's Child Support Division webpage
				  www.texasattorneygeneral.gov under Child Support, Forms.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter D - FORMS FOR CHILD SUPPORT ENFORCEMENT › Section 55.120 - National Medical Support Notice, Request for Review of National Medical Support Notice, Termination of National Medical Support Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) The National
				  Medical Support Notice is federally mandated for use in IV-D cases and may be
				  used in any other suit in which an obligor is ordered to provide health
				  insurance coverage for a child. The prescribed form for National Medical
				  Support Notice (Form OMB 0970-0222) can be obtained from the Texas Attorney
				  General's Child Support Division webpage www.texasattorneygeneral.gov under
				  Child Support, Forms.
(b) The
				  Request for Review of National Medical Support Notice may be used by an obligor
				  to contest the National Medical Support Notice sent to the employer. The
				  prescribed form for Request for Review of National Medical Support Notice (Form
				  1669) can be obtained from the Texas Attorney General's Child Support Division
				  webpage www.texasattorneygeneral.gov under Child Support, Forms.
(c) The Termination of National Medical
				  Support Notice may be used in any Suit Affecting the Parent Child Relationship
				  order to terminate medical child support. The prescribed form for Termination
				  of National Medical Support Notice (Form 1855) can be obtained from the Texas
				  Attorney General's Child Support Division webpage www.texasattorneygeneral.gov
				  under Child Support, Forms.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter D - FORMS FOR CHILD SUPPORT ENFORCEMENT › Section 55.121 - Record of Support

Current through Reg. 49, No. 28; July 12, 2024
The prescribed form for the Record of Support (Form 1828)
					 for the state case registry can be obtained from the Texas Attorney General's
					 Child Support Division webpage www.texasattorneygeneral.gov under Child
					 Support, Forms. The clerk of the court may provide the state case registry with
					 a record of a court order for child support by either completing this form or
					 providing the information on the Attorney General Child Support Web
					 Portal.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter F - COLLECTIONS AND DISTRIBUTIONS › Section 55.140 - Recoupment of Collections Reversed after Distribution

Current through Reg. 49, No. 28; July 12, 2024
(a) By receiving and negotiating a child
				  support payment through a state warrant, the Texas Debit card, or direct
				  deposit into a bank account from the State of Texas, all custodial parents or
				  other persons entitled to receive child support consent to the Office of the
				  Attorney General's policy for recovering payments which have been reversed
				  after they have been disbursed.
(b)
				  Any person receiving Child Support Payment Processing services from the Office
				  of the Attorney General, who receives and negotiates a child support payment,
				  must repay the amount of that payment if the Office of the Attorney General
				  subsequently notifies them that the collection has been reversed. Full payment
				  must be received within 30 days of the Office of the Attorney General sending
				  notice of the reversal. Failure to make timely payment will result in all
				  future child support collections being withheld and applied to the debt until
				  it is fully satisfied.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter F - COLLECTIONS AND DISTRIBUTIONS › Section 55.141 - Contesting Distribution of Collections on Child Support Obligations

Current through Reg. 49, No. 28; July 12, 2024
(a) A custodial
				  parent or other person entitled to receive child support:
(1) may contest the amounts withheld from
				  collections on child support obligations and retained by the State to be
				  applied to unreimbursed public assistance provided to the family under Texas
				  Human Resources Code, Chapter 31; or
(2) may contest the amounts retained from
				  collections on child support obligations and recouped by the State to offset
				  payments improperly disbursed to a custodial parent or other person entitled to
				  receive child support.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter F - COLLECTIONS AND DISTRIBUTIONS › Section 55.142 - Unclaimed Property

Current through Reg. 49, No. 28; July 12, 2024
(a) Child support
				  payments being held for disbursement by the state disbursement unit or a local
				  registry may be reported as unclaimed property as outlined in the Texas
				  Property Code. If the location of the person to whom the money is owed is
				  unknown, the Title IV-D agency will conduct periodic locate attempts to locate
				  the owner of the payments. If, after three years from the date the child
				  support payments have been held, there has been no contact by the property
				  owner and attempts to locate the owner have failed, the child support payments
				  may be reported as unclaimed property. If locate information is present at the
				  end of a reporting period, the reporting of the unclaimed payments may be
				  deferred to the next reporting period.
(b) If the person to whom the child support
				  payments are owed is deceased, and if after three years from the date of the
				  death there has been no claim to the payments by a caretaker, emancipated
				  child, or executor of the owner's estate, the child support payments may be
				  reported as unclaimed property.
(c)
				  If reporting has been deferred pending location of the person to whom the money
				  is owed, child support payments being held for disbursement by the state
				  disbursement unit will be reported as unclaimed property at the end of the
				  second deferral year.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter F - COLLECTIONS AND DISTRIBUTIONS › Section 55.143 - Arrears Payment Incentive Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Arrears Payment Incentive Program is a voluntary program administered by
				  the Office of the Attorney General (OAG), a Title IV-D agency, to promote
				  payment by obligors who are delinquent in satisfying child support arrearages
				  assigned to the Title IV-D agency under Texas Family Code §
										RSA
				  231.104(a). The program is
				  established pursuant to Texas Family Code §
										RSA
				  231.124. The program provides a credit for
				  every dollar amount paid by the obligor on interest and arrearage balances
				  during each month of the obligor's voluntary enrollment in the program.
				  Participation by an obligor in the program does not prohibit the OAG from
				  pursuing any other collection method authorized by law.
(b) The following criteria must be met for an
				  obligor to be eligible to participate in the program:
(1) There must be a final Texas child support
				  order in the obligor's case;
(2)
				  The obligor must have and maintain a current address on record with the
				  OAG;
(3) There must be at least
				  $500 in both state-owned arrears (the child support obligation assigned to the
				  state under Texas Family Code §
											RSA
				  231.104(a) that accrued
				  during any month the obligee received TANF/AFDC public assistance benefits),
				  and unrecovered assistance (the amount of money paid in the form of public
				  assistance under the Title IV-A program that has not yet been recovered from
				  collections applied to state-owned arrears for the case);
(4) the child support obligation must not be
				  payable to the Department of Family and Protective Services;
(5) the obligor must not have a pending
				  bankruptcy case;
(6) the obligor's
				  case must not be one in which the OAG is providing intergovernmental services
				  under Texas Family Code Chapter 159; and
(7) the obligor must not be currently
				  incarcerated.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter G - AUTHORIZED COSTS AND FEES IN IV-D CASES › Section 55.151 - Authorized Costs and Fees in IV-D Cases

Current through Reg. 49, No. 28; July 12, 2024
(a) The clerk of the court may charge the
				  Office of the Attorney General costs and fees in Title IV-D cases, including a
				  case filed under Chapter 159 of the Texas Family Code. The Title IV-D Agency
				  shall pay only the following costs and fees:
(1) filing fees and fees for issuance and
				  service of process as provided by Chapter 110 of the Texas Family Code and by
				  Sections 51.317(b)(1), (2), and (3) and (b-1), 51.318(b)(2) and 51.319(2),
				  Texas Government Code;
(2) fees for
				  transfer as provided by Chapter 110 of the Texas Family Code;
(3) fees for the issuance and delivery of
				  orders and writs of income withholding in the amounts provided by Chapter 110
				  of the Texas Family Code;
(4) a
				  reasonable fee not to exceed $15 for filing an original administrative writ of
				  withholding. A fee cannot be charged for duplicate copies of an administrative
				  writ of withholding;
(5) the fee
				  for issuance of a subpoena as provided by §
											RSA
				  51.318(b)(1), Texas
				  Government Code; and
(6) a fee
				  authorized under a local rule for electronic filing of documents with a
				  clerk.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter G - AUTHORIZED COSTS AND FEES IN IV-D CASES › Section 55.152 - Billing for Costs and Fees in IV-D Cases

Current through Reg. 49, No. 28; July 12, 2024
Each county may bill the Office of the Attorney General
					 monthly for fees and costs not previously billed. The county must credit the
					 Office of the Attorney General each month for amounts reimbursed to the county
					 by the parties during the proceeding thirty (30) days. Monthly reimbursement
					 requests should be submitted electronically or mailed using the IV-D Filing and
					 Service Fees Reimbursement Form provided by the Office of the Attorney
					 General.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter G - AUTHORIZED COSTS AND FEES IN IV-D CASES › Section 55.153 - Monitoring and Auditing for Costs and Fees in IV-D Cases

Current through Reg. 49, No. 28; July 12, 2024
The Office of the Attorney General may monitor and conduct,
					 at reasonable times, fiscal and/or program audits of county performance in
					 assessing and billing for costs and fees in IV-D cases. A county must grant the
					 Office of the Attorney General access, without prior notice, to all books and
					 records of the county pertinent to the audit. County records relating to costs
					 and fees in IV-D cases may be inspected, monitored, evaluated, audited or
					 copied by the Office of the Attorney General.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter G - AUTHORIZED COSTS AND FEES IN IV-D CASES › Section 55.154 - Reasonable Attorney's Fees in IV-D Cases

Current through Reg. 49, No. 28; July 12, 2024
(a) The usual and customary attorney's fees
				  for attorneys representing the state under Section
				  RSA
				  231.109 of the Texas Family Code is $150 per
				  hour.
(b) The reasonable attorney's
				  fees for attorneys representing the state under Section
				  RSA
				  231.109 of the Texas Family Code is $150 per
				  hour.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter G - AUTHORIZED COSTS AND FEES IN IV-D CASES › Section 55.155 - Collecting Annual Service and Payment Processing Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The Title IV-D agency may assess and
				  collect an annual service fee allowed under Texas Family Code §
										RSA
				  231.103(a)(2) and
				  RSA
				  654(6)(B)(ii). Beginning
				  October 1, 2019, an annual service fee of $35 will be assessed in full service
				  monitoring and enforcement cases which are not current or former TANF or foster
				  care cases and have received over $550 in child support collections during the
				  federal fiscal year. The annual service fee will be automatically deducted from
				  the child support payment when the child support collections for that fiscal
				  year total over $550.
(b) The Title
				  IV-D agency may assess and collect a $3 monthly payment processing fee allowed
				  under Texas Family Code §
										RSA
				  231.103(f). Beginning
				  September 1, 2011, a monthly fee will be assessed in cases that receive only
				  payment processing and record keeping services through the State Disbursement
				  Unit, and receive over $3 per month in child support collections that month.
				  The monthly service fee will be automatically deducted from the child support
				  payment each month in which at least $3 in child support is received. If a
				  parent has more than one case, fees will be assessed in each case.
(c) Information regarding child support fees
				  can be obtained from the Texas Attorney General's website.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter H - LICENSE SUSPENSION › Section 55.201 - Scope

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to hearings conducted by the Title
					 IV-D agency on petitions to suspend licenses pursuant to the authority of the
					 Family Code, Chapter 232. The Administrative Procedure Act, the Government
					 Code, Chapter 2001, Subchapter C, §§2001.051-2001.053,
					 §§2001.055-2001.062, Subchapter D, and Subchapter F, applies to the
					 Chapter 232 hearings.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter H - LICENSE SUSPENSION › Section 55.202 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Obligee--The
				  person to whom child support is due.
(2) Obligor--The person who owes child
				  support.
(3) Parties--The parties
				  to a Chapter 232 hearing are the petitioner, the obligor, and the designated
				  representative of the Title IV-D agency in a Title IV-D case.
(4) Petitioner--The party filing the Petition
				  to Suspend License; the petitioner may be the designated representative of a
				  child support agency, or the obligee, either personally or through his or her
				  representative.
(5)
				  Representative--An attorney licensed in the State of Texas or another state or
				  a Certified Public Accountant licensed in the State of Texas or another
				  state.
(6) Title IV-D agency--The
				  Office of the Attorney General is the agency designated by Texas law to perform
				  the functions and provide the services required by Title IV-D of the Social
				  Security Act.
(7) Administrative
				  Law Judge--Includes an administrative law judge of the State Office of
				  Administrative Hearings or any other administrative law judge designated by the
				  Title IV-D Director or the Director's designee.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter H - LICENSE SUSPENSION › Section 55.203 - Forms

Current through Reg. 49, No. 28; July 12, 2024
(a) The prescribed
				  form for Administrative Notice of Filing of Petition to Suspend License (Form
				  1832) can be obtained from the Texas Attorney General's Child Support Division
				  webpage www.texasattorneygeneral.gov under Child Support, Forms.
(b) The prescribed form for Administrative
				  Petition to Suspend License (Form 1831) can be obtained from the Texas Attorney
				  General's Child Support Division webpage www.texasattorneygeneral.gov under
				  Child Support, Forms.
(c) The
				  prescribed form for Request for Hearing (Form 1830) can be obtained from the
				  Texas Attorney General's Child Support Division webpage
				  www.texasattorneygeneral.gov under Child Support, Forms.
(d) The prescribed form for Notification to
				  Licensing Authority of Order Suspending License (Form 1829) can be obtained
				  from the Texas Attorney General's Child Support Division webpage
				  www.texasattorneygeneral.gov under Child Support, Forms.
(e) The prescribed form for Notification to
				  Licensing Authority of Order Vacating or Staying Order Suspending License (Form
				  1833) can be obtained from the Texas Attorney General's Child Support Division
				  webpage www.texasattorneygeneral.gov under Child Support, Forms.
(f) The prescribed suggested model forms for
				  use by the Courts (Form 1834 and Form 1835) can be obtained from the Texas
				  Attorney General's Child Support Division webpage www.texasattorneygeneral.gov
				  under Child Support, Forms.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter H - LICENSE SUSPENSION › Section 55.204 - Coordinator

Current through Reg. 49, No. 28; July 12, 2024
(a) The coordinator
				  may be contacted at: (512) 460-6046, Office of the Attorney General, Child
				  Support Division, 5500 E. Oltorf, Austin, Texas 78741 (hand delivery); P.O. Box
				  12017, Mail Code 039-3, Austin, Texas 78711-2017 (Postal Service
				  delivery).
(b) The coordinator's
				  office will be open from 8:00 a.m. to 5:00 p.m., Monday through Friday. The
				  coordinator's office will be closed on those days specified as holidays in
				  Government Code, §
										RSA
				  662.003.
(c) Questions to the Office of the Attorney
				  General must be directed to the coordinator.
(d) Documents and pleadings shall be deemed
				  filed only when actually file marked with the official stamp of the
				  Coordinator, Office of the Attorney General.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter H - LICENSE SUSPENSION › Section 55.205 - Initiating a Proceeding

Current through Reg. 49, No. 28; July 12, 2024
(a) Filing the
				  Petition. The petitioner initiates a proceeding by filing the Petition to
				  Suspend License packet with: Coordinator, Office of the Attorney General, Child
				  Support Division, 5500 E. Oltorf, Austin, Texas 78741 (hand delivery); P.O. Box
				  12017, Mail Code 039-3, Austin, Texas 78711-2017 (Postal Service
				  delivery).
(b) Petition to Suspend
				  License Packet. The packet is the Notice of Filing Petition to Suspend License,
				  with all attachments, including the Petition to Suspend License, Request for
				  Hearing, all relevant court orders and payment records.
(c) Issuance of Notice of Filing of Petition
				  to Suspend License. After determining that the packet is complete, the
				  coordinator will assign a docket number to the petition, seal the notice, and
				  file-stamp the notice and petition.
(d) Service. The coordinator is responsible
				  for obtaining service of the notice on the obligor in accordance with Texas
				  Family Code §
										232.006.
(e) Evidence of Service. Upon obtaining
				  service on the obligor, the coordinator must file evidence that service has
				  been obtained. A copy of the return of service, a copy of the return receipt on
				  certified mail, or an affidavit of service issued by the coordinator is
				  evidence that service has been obtained.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter H - LICENSE SUSPENSION › Section 55.206 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
In computing any period of time prescribed in this
					 subchapter, the period shall begin on the day after the act or event specified
					 and shall end on the last day of the computed period, unless that day is a day
					 when the coordinator's office is closed, in which event the period runs until
					 the end of the next day that the coordinator's office is
					 open.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter H - LICENSE SUSPENSION › Section 55.207 - Pre-Hearing Matters

Current through Reg. 49, No. 28; July 12, 2024
(a) Not later than
				  20 days prior to the hearing, each party shall file with the coordinator, and
				  serve on the other parties, a list of witnesses the party will call at the
				  hearing and copies of any supplemental documentary evidence, not previously
				  filed with the coordinator, to be offered into evidence at the
				  hearing.
(b) Objections to
				  documentary evidence must be in writing and filed with the coordinator not
				  later than 10 days prior to the hearing. An administrative law judge, including
				  an administrative law judge of the State Office of Administrative Hearings, may
				  convene a pre-hearing conference on the evidentiary objections to rule on the
				  objections, or shall rule on the objections at the hearing.
(c) Not later than ten days prior to the
				  hearing, the coordinator will compile and transmit to the parties a
				  petitioner's evidentiary packet and an obligor's evidentiary packet. The
				  respective packets will contain the list of witnesses and any supplemental
				  documentary evidence submitted pursuant to subsection (a) above to be offered
				  by the respective party.
(d) A
				  party must obtain permission of the administrative law judge to supplement the
				  list of witnesses or documentary evidence if submitted less than 20 days prior
				  to the hearing. Objections to such evidence shall be resolved at the
				  hearing.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter H - LICENSE SUSPENSION › Section 55.208 - Conduct of the Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  administrative law judge, including an administrative law judge of the State
				  Office of Administrative Hearings, shall preside at the hearing on the
				  petition.
(b) The petitioner is
				  entitled to open and close at the hearing.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter H - LICENSE SUSPENSION › Section 55.209 - Procedure for a Telephone Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  obligor may request a telephone hearing at the time he or she requests a
				  hearing on the petition as provided in the Request for Hearing form.
(b) Failure of the obligor to be available
				  for the telephone hearing, at the telephone number supplied by the obligor,
				  shall result in a default order suspending the obligor's license.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter H - LICENSE SUSPENSION › Section 55.212 - Decision

Current through Reg. 49, No. 28; July 12, 2024
Following the conclusion of the hearing, the administrative
					 law judge, including an administrative law judge of the State Office of
					 Administrative Hearings, as the designee of the director of the Title IV-D
					 agency, will issue a decision and final order.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter H - LICENSE SUSPENSION › Section 55.213 - Cost of Record

Current through Reg. 49, No. 28; July 12, 2024
A party who appeals an order under Chapter 232 shall pay
					 all of the costs of preparation of any original or certified copy of the record
					 of the proceedings that is required to be transmitted to the reviewing
					 court.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter H - LICENSE SUSPENSION › Section 55.214 - Notification to the Licensing Authority

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Coordinator will transmit the final order suspending license to the
				  licensing authority as soon as the final order is enforceable. The Coordinator
				  will transmit the final order using the Notification to Licensing Authority of
				  Order Suspending License form promulgated as a part of this
				  subchapter.
(b) The Coordinator
				  will transmit the order vacating or staying order suspending license to the
				  license authority as soon as it is effective. The Coordinator will transmit the
				  order using the Notification to Licensing Authority of Order Vacating or
				  Staying Order Suspending License form promulgated as a part of this
				  subchapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter H - LICENSE SUSPENSION › Section 55.215 - Prerequisites for Suspension of Licenses Relating to State Taxes

Current through Reg. 49, No. 28; July 12, 2024
(a) Each petition
				  seeking to suspend a license relating to state taxes shall list each license to
				  be suspended by license type and, if applicable, by license number.
(b) An order suspending a license issued
				  pursuant to the Tax Code, §
										RSA 155.041, shall be
				  served on the agency issuing the license. The order shall be issued directly to
				  the Comptroller of Public Accounts.
(c) An order suspending a license relating to
				  state taxes must be served on each licensing authority which issued a license
				  suspended by the order.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter H - LICENSE SUSPENSION › Section 55.216 - Dismissal of Petition for Want of Prosecution

Current through Reg. 49, No. 28; July 12, 2024
(a) A Petition to Suspend License may be
				  dismissed for want of prosecution:
(1) if the
				  petition has been on file with the coordinator for more than one calendar year
				  and has not been finally adjudicated within that time; or
(2) on failure of any party seeking
				  affirmative relief to appear for any hearing of which the party had
				  notice.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter I - STATE DIRECTORY OF NEW HIRES › Section 55.301 - Scope

Current through Reg. 49, No. 28; July 12, 2024
Section 453A of the Social Security Act, (RSA
					 653A), as amended by Personal Responsibility
					 and Work Opportunity Reconciliation Act of 1996 (PRWORA), requires each state
					 to establish and maintain a State Directory of New Hires to provide a means for
					 employers to assist in the state's efforts both to prevent fraud in the
					 welfare, workers' compensation, and unemployment insurance programs, and to
					 locate and/or collect from absent parents who owe child support by reporting
					 information concerning newly hired and rehired employees directly to a
					 centralized state database. This subchapter establishes within the Office of
					 the Attorney General (Title IV-D agency) a centralized employee registry called
					 the State Directory of New Hires and establishes procedures for employers to
					 report employee information to the State Directory of New Hires under Chapter
					 234, Subchapter B of the Texas Family Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter I - STATE DIRECTORY OF NEW HIRES › Section 55.303 - Employer New Hire Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Except as provided in §§
										RSA 55.304-
				  RSA
				  55.306 of this title (relating to Common
				  Paymaster, Multi-State Employers, and Federal Government Employers), each Texas
				  employer shall furnish to the State Directory of New Hires in the state in
				  which a newly hired employee works a report of all new hires that contains the
				  following seven required data elements:
(1)
				  the employee name,
(2) the employee
				  address,
(3) the employee social
				  security number,
(4) the employee's
				  date of hire,
(5) the employer
				  name,
(6) the employer address,
				  and
(7) the Federal Employer
				  Identification Number (FEIN).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter I - STATE DIRECTORY OF NEW HIRES › Section 55.304 - Common Paymaster

Current through Reg. 49, No. 28; July 12, 2024
A report filed by the common paymaster or reporting agent
					 of an employer is sufficient to meet the new hire reporting requirements for
					 each of the related employees for which the common paymaster or payroll
					 reporting agent provides new hire information.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter I - STATE DIRECTORY OF NEW HIRES › Section 55.305 - Multi-State Employers

Current through Reg. 49, No. 28; July 12, 2024
(a) An employer
				  that has employees who are employed in Texas and one or more other states may
				  choose to report to a state other than Texas provided the employer designates
				  only one state in which such employer has employees; transmits the required
				  reports using electronic media authorized by the Title IV-D agency for
				  conveying information; and notifies the Secretary of the Department of Health
				  and Human Services, in writing, prior to reporting.
(b) When submitting written notification to
				  the Secretary of the Department of Health and Human Services about the
				  designation of the single State for Employer New Hire Reporting, an employer
				  should include the following information:
(1)
				  The same Federal Employer Identification Number (FEIN) used for the Texas
				  Workforce Commission,
(2)
				  Employer's name, address, telephone number related to the FEIN,
(3) State selected for reporting
				  purposes,
(4) Other States in which
				  the company has employees,
(5)
				  Corporate point of contact.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter I - STATE DIRECTORY OF NEW HIRES › Section 55.306 - Federal Government Employers

Current through Reg. 49, No. 28; July 12, 2024
Any department, agency, or instrumentality of the United
					 States must report directly to the National Directory of New Hires established
					 pursuant to
					 RSA
					 653a.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter I - STATE DIRECTORY OF NEW HIRES › Section 55.307 - Civil Money Penalties on Noncomplying Employers

Current through Reg. 49, No. 28; July 12, 2024
(a) An employer who knowingly violates any
				  procedures found in §§
										RSA 55.301-
				  RSA
				  55.308 of this title for reporting employee
				  information may be liable for a civil penalty, which may not exceed:
(1) $25 for each occurrence in which an
				  employer fails to report an employee; or
(2) $500 for each occurrence in which the
				  conduct is the result of a conspiracy between the employer and employee to not
				  supply a required report, or to submit a false or incomplete report.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter I - STATE DIRECTORY OF NEW HIRES › Section 55.308 - Confidentiality and Security

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Confidentiality of Records. The records contained in the new hire directory
				  shall be confidential and may be accessed for the following purposes only:
(1) Location of Child Support Obligors. The
				  Title IV-D Agency shall use the Employer New Hire Reporting (ENHR) information
				  to locate individuals for purposes of establishing paternity and establishing,
				  modifying, and enforcing child support obligations, and may disclose such
				  information to any agent of the agency that is under contract with the agency
				  to carry out such purposes.
(2)
				  Verification of Eligibility for Certain Programs. A State agency responsible
				  for administering a program specified in section 1137(b) of the Social Security
				  Act shall have access to information reported by employers for purposes of
				  verifying eligibility for the program.
(3) Administration of Employment Security and
				  Workers' Compensation. State agencies operating employment security and
				  workers' compensation programs shall have access to ENHR information reported
				  by employers for the purposes of administering such programs.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter J - VOLUNTARY PATERNITY ACKNOWLEDGMENT PROCESS › Section 55.401 - Scope

Current through Reg. 49, No. 28; July 12, 2024
Fathers and mothers who wish to voluntarily establish
					 paternity for their child or rescind a previously executed Acknowledgment of
					 Paternity or Denial of Paternity may do so through any local child support
					 office of the Office of the Attorney General, Child Support Division; the Texas
					 Department of State Health Services, Vital Statistics Unit; a local birthing
					 hospital or birthing center; or any entity certified by the Office of the
					 Attorney General to provide such services. The Acknowledgment of Paternity must
					 be executed according to the rules contained herein and under the Texas Family
					 Code, Chapter 160, Subchapter D, Voluntary Acknowledgment of Paternity.
					 Entities that are required by law to provide paternity establishment services
					 and entities that voluntarily elect to provide paternity establishment services
					 must abide by the rules of this subchapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter J - VOLUNTARY PATERNITY ACKNOWLEDGMENT PROCESS › Section 55.402 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Acknowledgment of Paternity form--An agreement affirming parentage for a child
				  signed by both the man claiming to be the biological father and the mother,
				  that is executed on a form prescribed by the Texas Department of State Health
				  Services, Vital Statistics Unit. The mother and the father may sign separate
				  acknowledgments before or after the birth of the child.
(2) Denial of Paternity form--A statement
				  executed by a presumed father denying parentage of the child of whom he is
				  presumed to be the father, on a form prescribed by the Texas Department of
				  State Health Services, Vital Statistics Unit.
(3) Rescission of Acknowledgment of Paternity
				  form--A statement executed by a signatory rescinding an Acknowledgment of
				  Paternity or Denial of Paternity, on a form prescribed by the Texas Department
				  of State Health Services, Vital Statistics Unit.
(4) Certified entity--An agency,
				  organization, or individual that is certified by the Office of the Attorney
				  General to perform voluntary paternity establishment services. The certified
				  entity must comply with all rules established for such certification.
(5) Presumed father--A man who is legally
				  assumed to be the father of a child because he meets the criteria found under
				  Texas Family Code §
										RSA
				  160.204.
(6) Parent Survey on the Acknowledgment of
				  Paternity--A form promulgated by the Office of the Attorney General to assist
				  parents and the certified entity in the completion of the Acknowledgment of
				  Paternity.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter J - VOLUNTARY PATERNITY ACKNOWLEDGMENT PROCESS › Section 55.403 - Forms

Current through Reg. 49, No. 28; July 12, 2024
The certified entities offering voluntary paternity
					 establishment services may obtain the prescribed Acknowledgment of Paternity
					 and Denial of Paternity forms and the Rescission of the Acknowledgment of
					 Paternity forms by contacting the Texas Department of State Health Services,
					 Vital Statistics Unit.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter J - VOLUNTARY PATERNITY ACKNOWLEDGMENT PROCESS › Section 55.404 - Voluntarily Acknowledging Paternity

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A man claiming to be the biological father and the mother may establish
				  paternity before or after the birth of their child by voluntarily acknowledging
				  paternity through a certified entity providing such services. The mother and
				  father must read the Acknowledgment of Paternity form. In addition, both must
				  listen to or view a video presentation of the rights and responsibilities of a
				  parent, and alternatives to and legal consequences of acknowledging or denying
				  paternity. Both the mother and father, separately or together, must then
				  complete an Acknowledgment of Paternity form with the assistance of the
				  certified entity.
(b) Both mother
				  and father must present to the certified entity a valid driver license or
				  another document (preferably a photo I.D.) to verify identity.
(c) The certified entity is responsible for
				  filing the Acknowledgment of Paternity form with the Texas Department of State
				  Health Services, Vital Statistics Unit, and providing all signatories with a
				  copy of the form.
(d) The Office of
				  the Attorney General shall designate staff who are certified entities to assist
				  any party who is outside the state of Texas or is incarcerated in Texas and is
				  unable to complete an acknowledgment of paternity in person with a certified
				  entity. Certified entities should seek the assistance of the Office of the
				  Attorney General for completion of such acknowledgments of paternity.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter J - VOLUNTARY PATERNITY ACKNOWLEDGMENT PROCESS › Section 55.405 - Denial of Paternity Form

Current through Reg. 49, No. 28; July 12, 2024
If the mother declares in the Acknowledgment of Paternity
					 form that there is a presumed father of the child, the acknowledgment must be
					 accompanied by a Denial of Paternity form signed by the mother and the presumed
					 father, unless the presumed father is the man who is acknowledging paternity.
					 The Denial of Paternity is signed using the same procedures as the
					 Acknowledgment of Paternity outlined in §
										RSA
					 55.404 of this title. The Acknowledgment of
					 Paternity form and the Denial of Paternity form may be filed with the Texas
					 Department of State Health Services, Vital Statistics Unit separately or
					 simultaneously. If the acknowledgment and denial are both necessary, neither
					 document is valid until both documents are filed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter J - VOLUNTARY PATERNITY ACKNOWLEDGMENT PROCESS › Section 55.406 - Entities Providing Paternity Establishment Services

Current through Reg. 49, No. 28; July 12, 2024
(a) The following entities must provide
				  voluntary paternity establishment services after being certified by the Office
				  of the Attorney General:
(1) all public and
				  private birthing hospitals;
(2) all
				  birthing centers;
(3) the Texas
				  Department of State Health Services, Vital Statistics Unit; and
(4) a registered nurse working in a
				  partnership program funded through the nurse-family partnership competitive
				  grant program under Chapter 531, Subchapter M, Texas Government Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 55 - CHILD SUPPORT ENFORCEMENT › Subchapter J - VOLUNTARY PATERNITY ACKNOWLEDGMENT PROCESS › Section 55.407 - Certification

Current through Reg. 49, No. 28; July 12, 2024
All birthing hospitals, all birthing centers, the Texas
					 Department of State Health Services, Vital Statistics Unit, a registered nurse
					 working in a partnership program funded through the nurse-family partnership
					 competitive grant program, and each certified entity must have staff
					 who:
(1) provide the mother and father
				  the opportunity to voluntarily acknowledge paternity;
(2) provide the mother and father an
				  opportunity to speak, either by telephone or in person, with staff who are
				  trained to clarify information and answer questions about paternity
				  establishment;
(3) receive training
				  from the Office of the Attorney General at least once yearly on the
				  requirements for voluntarily establishing paternity. (The training is not to
				  exceed eight (8) hours at locations throughout the state established by the
				  Office of the Attorney General and the Texas Department of State Health
				  Services, Vital Statistics Unit.)
(4) use only the Acknowledgment of Paternity
				  and Denial of Paternity forms and Rescission of Acknowledgment of Paternity
				  forms promulgated by the Texas Department of State Health Services, Vital
				  Statistics Unit.
(5) use the
				  brochures and training manuals, including the oral and written information,
				  provided by the Office of the Attorney General and the Texas Department of
				  State Health Services, Vital Statistics Unit.
(6) are periodically evaluated by the Office
				  of the Attorney General.