Tex. Fam. Code § 231.101, § 231.1015, § 231.1016

TEXAS FAMILY CODE Chapter 231, Subchapter B — SERVICES PROVIDED BY TITLE IV-D PROGRAM CHAPTER 231 • TITLE IV-D SERVICES Subchapter B: SERVICES PROVIDED BY TITLE IV-D PROGRAM Sec. 231.101. TITLE IV-D CHILD SUPPORT SERVICES. (a) The Title IV-D agency may provide all services required or authorized to be provided by Part D of Title IV of the federal Social Security Act (42 U.S.C. Section 651 et seq.), including: (1) parent locator services; (2) paternity determination; (3) child support, medical support, and dental support establishment; (4) review and adjustment of child support orders; (5) enforcement of child support, medical support, and dental support orders; and (6) collection and distribution of child support payments. (b) At the request of either the obligee or obligor, the Title IV-D agency shall review a child support order once every three years and, if appropriate, adjust the support amount to meet the requirements of the child support guidelines under Chapter 154. (c) Except as notice is included in the child support order, a party subject to a support order shall be provided notice not less than once every three years of the party's right to request that the Title IV-D agency review and, if appropriate, adjust the amount of ordered support. (d) The Title IV-D agency may review a support order at any time on a showing of a material and substantial change in circumstances, taking into consideration the best interests of the child. If the Title IV-D agency determines that the primary care and possession of the child has changed, the Title IV-D agency may file a petition for modification under Chapter 156. (e) The Title IV-D agency shall distribute a child support payment received by the agency from an employer within two working days after the date the agency receives the payment. (f) The Title IV-D agency shall distribute distribute a child support payment received by the agency from an employer within two working days after the date the agency receives the payment. (f) The Title IV-D agency shall distribute a child support payment received on behalf of a child placed in substitute care as described by Section 264.109 to the appropriate state agency in accordance with applicable federal laws or regulations. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 702, Sec. 13, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 69, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 19.01(22), eff. Sept. 1, 1999. Amended by: Acts 2015, 84th Leg., R.S., Ch. 963 (S.B. 1727), Sec. 2, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 43, eff. September 1, 2018. Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 11, eff. September 1, 2023. Sec. 231.1015. ADMINISTRATIVE ADJUSTMENT OF SUPPORT OBLIGATIONS DURING OBLIGOR'S INCARCERATION. (a) Subject to Subsection (b), on verification by the Title IV-D agency that a judgment or order has been rendered for the confinement of a child support obligor in a local, state, or federal jail or prison for a period of at least 180 consecutive days, the Title IV-D agency shall review and may administratively adjust the obligor's child support, medical support, and dental support order to amounts that are based on the application of the child support guidelines under Chapter 154 to the obligor's net resources during incarceration. (b) This section does not apply if the Title IV-D agency determines that the obligor is confined: (1) due to the obligor's failure to comply with a child support order; or Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 231, Subchapter B — SERVICES PROVIDED BY TITLE IV-D PROG support order; or Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 231, Subchapter B — SERVICES PROVIDED BY TITLE IV-D PROGRAM (2) for an offense constituting an act of family violence, as defined by Section 71.004, committed against the obligee or a child covered by the child support order. (c) If the Title IV-D agency administratively adjusts a support obligation under Subsection (a), the agency must: (1) provide notice of the administrative adjustment to the parties to the support order; and (2) file a copy of the notice with the court of continuing, exclusive jurisdiction. (d) The notice provided under Subsection (c) must: (1) state: (A) the amount of the obligor's adjusted support obligation during incarceration; (B) the effective date of the administrative adjustment of the support obligation; and (C) the style and cause number of the case in which the support order was rendered; (2) be in the form prescribed by the Title IV-D agency; and (3) be sent to the party's last known residence address, mailing address, or e-mail address provided to the Title IV-D agency, except that if no updated addresses have been provided to the Title IV-D agency, the notice may be sent to the party's residence address, mailing address, or e-mail address listed in the most recent order on file with the clerk of the court. (d-1) A court shall consider due process requirements for notice and service of process to be met with regard to a party affected by an administrative adjustment of a support obligation under this section if notice is provided to the party in compliance with Subsection (d)(3). (e) Notwithstanding Subsection (a), the Title IV-D agency may seek modification of the support order under Subchapter E, Chapter 156, in lieu of administratively adjusting the support obligation under this section. (f) The administrative adjustment of a support obligation under this section ma rder under Subchapter E, Chapter 156, in lieu of administratively adjusting the support obligation under this section. (f) The administrative adjustment of a support obligation under this section may not take effect before the 30th day after the date a copy of the notice is filed with the court of continuing, exclusive jurisdiction under Subsection (c)(2). (g) The administrative adjustment of a support obligation under this section does not affect a support obligation due before the effective date of the administrative adjustment. (h) The Title IV-D agency may adopt rules to implement this section. Added by Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 12, eff. September 1, 2023. Amended by: Acts 2025, 89th Leg., R.S., Ch. 61 (S.B. 1403), Sec. 4, eff. September 1, 2025. Sec. 231.1016. REVIEW OF ADMINISTRATIVE ADJUSTMENT OF SUPPORT OBLIGATIONS. (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 conf ent. 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 Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 231, Subchapter B — SERVICES PROVIDED BY TITLE IV-D PROGRAM (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 ourt 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 un less 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. Added by Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 12, eff. September 1, 2023. Amended by: Acts 2025, 89th Leg., R.S., Ch. 61 (S.B. 1403), Sec. 5, eff. September 1, 2025. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 231, Subchapter B — SERVICES PROVIDED BY TITLE IV-D PROGRAM Sec. 231.1017. MODIFICATION OF SUPPORT OBLIGATION AFTER OBLIGOR'S RELEASE FROM INCARCERATION. In a Title IV-D case, on the release of an obligor whose support obligations were administratively adjusted during incarceration under Section 231.1015, the Title IV-D agency shall review the obligor's support order as prov the release of an obligor whose support obligations were administratively adjusted during incarceration under Section 231.1015, the Title IV-D agency shall review the obligor's support order as provided by Section 231.101 to determine if modification is necessary and may proceed under Chapter 156 or 233. Added by Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 12, eff. September 1, 2023. Sec. 231.102. ELIGIBILITY FOR CHILD SUPPORT SERVICES. The Title IV-D agency on application or as otherwise authorized by law may provide services for the benefit of a child without regard to whether the child has received public assistance. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 231.103. APPLICATION AND SERVICE FEES. (a) The Title IV-D agency may: (1) charge a reasonable application fee; (2) charge a $35 annual service fee; and (3) to the extent permitted by federal law, recover costs for the services provided in a Title IV-D case. (b) An application fee may not be charged in a case in which the Title IV-D agency provides services because the family receives public assistance. (c) An application fee may not exceed a maximum amount established by federal law. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 972, Sec. 65(3), eff. September 1, 2007. (e) The Title IV-D agency may impose and collect a fee as authorized by federal law for each request for parent locator services under Section 231.101(a). (f) The state disbursement unit established and operated by the Title IV-D agency under Chapter 234 may collect a monthly service fee of $3 in each case in which support payments are processed through the unit. (g) The Title IV-D agency by rule shall establish procedures for the imposition of fees and recovery of costs authorized under this section. (g-1) A fee authorized under this section for providing child support enforcement services is part of the child support obligation if the obligor is responsible for the fee, and nunder this section. (g-1) A fee authorized under this section for providing child support enforcement services is part of the child support obligation if the obligor is responsible for the fee, and may be enforced against the obligor through any method available for the enforcement of child support, including contempt. (h) The attorney general child support application and service fee account is an account in the general revenue fund in the state treasury. The account consists of all fees and costs collected under this section. The Title IV-D agency may only use the money in the account for agency program expenditures. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2003, 78th Leg., ch. 1262, Sec. 2, 3, eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 48, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 65(3), eff. September 1, 2007. Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 13.01, eff. September 1, 2019. Sec. 231.104. ASSIGNMENT OF RIGHT TO SUPPORT. (a) To the extent authorized by federal law, the approval of an application for or the receipt of financial assistance as provided by Chapter 31, Human Resources Code, constitutes an assignment to the Title IV-D agency of any rights to support from any other person that the applicant or recipient may have personally or for a child for whom the applicant or recipient is claiming assistance. (b) An application for child support services is an assignment of support rights to enable the Title IV-D agency to establish and enforce child support, medical support, and dental support obligations, but an assignment is not a condition of eligibility Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 231, Subchapter B — SERVICES PROVIDED BY TITLE IV-D PROGRAM for services. (c) Filing a notice of assignment of support rights, a n led Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 231, Subchapter B — SERVICES PROVIDED BY TITLE IV-D PROGRAM for services. (c) Filing a notice of assignment of support rights, a notice of change of payee under Section 231.105, a child support payment record produced by the Title IV-D agency, or a pleading by the Title IV-D agency in a suit under this title is evidence of the assignment of support rights to the Title IV-D agency in that cause and is admissible as evidence of the truth of the assignment of support rights and does not require further authentication or verification. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 70, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 53, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 610, Sec. 14, eff. Sept. 1, 2003. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 44, eff. September 1, 2018. Acts 2021, 87th Leg., R.S., Ch. 175 (S.B. 285), Sec. 4, eff. September 1, 2021. Acts 2025, 89th Leg., R.S., Ch. 61 (S.B. 1403), Sec. 6, eff. September 1, 2025. Sec. 231.105. NOTICE OF CHANGE OF PAYEE. (a) Child support payments for the benefit of a child whose support rights have been assigned to the Title IV-D agency under Section 231.104 shall be made payable to the Title IV-D agency and transmitted to the state disbursement unit as provided by Chapter 234. (b) If a court has ordered support payments to be made to an applicant for or recipient of financial assistance or to an applicant for or recipient of Title IV-D services, the Title IV-D agency shall, on providing notice to the obligee and the obligor, direct the obligor or other payor to make support payments payable to the Title IV-D agency and to transmit the payments to the state disbursement unit. The Title IV-D agency shall file a copy of the notice with the court ordering the payments and with the child support registry. The notice must incl smit the payments to the state disbursement unit. The Title IV-D agency shall file a copy of the notice with the court ordering the payments and with the child support registry. The notice must include: (1) a statement that the child is an applicant for or recipient of financial assistance, or a child other than a recipient child for whom Title IV-D services are provided; (2) the name of the child and the caretaker for whom support has been ordered by the court; (3) the style and cause number of the case in which support was ordered; and (4) instructions for the payment of ordered support to the agency. (c) On receipt of a copy of the notice under Subsection (b), the clerk of the court shall file the notice in the appropriate case file. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 71, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 54, eff. Sept. 1, 2001. Sec. 231.106. NOTICE OF TERMINATION OF ASSIGNMENT. (a) On termination of support rights to the Title IV-D agency, the Title IV-D agency shall, after providing notice to the obligee and the obligor, send a notice of termination of assignment to the obligor or other payor, which may direct that all or a portion of the payments be made payable to the agency and to other persons who are entitled to receive the payments. (b) The Title IV-D agency shall send a copy of the notice of termination of assignment to the court ordering the support and to the child support registry, and on receipt of the notice the clerk of the court shall file the notice in the appropriate case file. The clerk may not require an order of the court to terminate the assignment and direct support payments to the person entitled to receive the payment. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 72, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 52, eff. Sept. 1, 1999. nAdded by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 72, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 52, eff. Sept. 1, 1999. Sec. 231.107. CERTIFICATE OF ASSIGNMENT OR OF TERMINATION OF ASSIGNMENT. If an abstract of judgment or a child support lien on support amounts assigned to the Title IV-D agency under this chapter has previously been filed of record, the agency shall file for recordation, with the county clerk Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5 --- TEXAS FAMILY CODE Chapter 231, Subchapter B — SERVICES PROVIDED BY TITLE IV-D PROGRAM of each county in which such abstract or lien has been filed, a certificate that a notice of change of payee or a notice of termination of assignment has been issued by the agency. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 73, eff. Sept. 1, 1997. Sec. 231.108. CONFIDENTIALITY OF RECORDS AND PRIVILEGED COMMUNICATIONS. (a) Except as provided by Subsection (c), all files and records of services provided by the Title IV-D agency under this title, including information concerning a custodial parent, a noncustodial parent, a child, or an alleged or presumed father, are confidential. (b) Except as provided by Subsection (c), all communications made by a recipient of financial assistance under Chapter 31, Human Resources Code, or an applicant for or recipient of services under this chapter are privileged. (c) The Title IV-D agency may use or release information from the files and records, including information that results from a communication made by a recipient of financial assistance under Chapter 31, Human Resources Code, or by an applicant for or recipient of services under this chapter, for purposes directly connected with the administration of the child support, paternity determination, parent locator, or aid de, or by an applicant for or recipient of services under this chapter, for purposes directly connected with the administration of the child support, paternity determination, parent locator, or aid to families with dependent children programs. The Title IV-D agency may release information from the files and records to a consumer reporting agency in accordance with Section 231.114. (d) The Title IV-D agency by rule may provide for the release of information to public officials. (e) The Title IV-D agency may not release information on the physical location of a person if: (1) a protective order has been entered with respect to the person; or (2) there is reason to believe that the release of information may result in physical or emotional harm to the person. (f) The Title IV-D agency, by rule, may provide for the release of information to persons for purposes not prohibited by federal law. (g) The final order in a suit adjudicating parentage is available for public inspection as provided by Section 160.633. (h) A court may not order the Title IV-D agency to release information that is confidential or privileged under this section. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 1.08, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 911, Sec. 74, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 53, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 610, Sec. 15, eff. Sept. 1, 2003. Amended by: Acts 2015, 84th Leg., R.S., Ch. 963 (S.B. 1727), Sec. 3, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 13, eff. September 1, 2023. Sec. 231.109. ATTORNEYS REPRESENTING STATE. (a) Attorneys employed by the Title IV-D agency may represent this state or another state in an action brought under the authority of federal law or this chapter. (b) The Title IV-D agency may contract with private attorneys, other private entities, or political subdivisions of the state to an action brought under the authority of federal law or this chapter. (b) The Title IV-D agency may contract with private attorneys, other private entities, or political subdivisions of the state to provide services in Title IV-D cases. (c) The Title IV-D agency shall provide copies of all contracts entered into under this section to the Legislative Budget Board and the Governor's Office of Budget and Planning, along with a written justification of the need for each contract, within 60 days after the execution of the contract. (d) An attorney employed to provide Title IV-D services represents the interest of the state and not the interest of any other party. The provision of services by an attorney under this chapter does not create an attorney-client relationship between the attorney and any other party. The agency shall, at the time an application for child support services is made, inform the applicant that neither the Title IV-D agency nor any attorney who provides services under this chapter is the applicant's attorney and that the attorney providing services under this chapter does not provide legal representation to the applicant. (e) An attorney employed by the Title IV-D agency or as otherwise provided by this chapter may not be appointed or act as an amicus attorney or attorney ad litem for a child or another party. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 6 --- TEXAS FAMILY CODE Chapter 231, Subchapter B — SERVICES PROVIDED BY TITLE IV-D PROGRAM (f) An attorney employed to provide Title IV-D services may, without notice to the parties, represent the Title IV-D agency at a court proceeding in an action brought under this title. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 1.02, eff. Sept. 1, 1995. Amended by: Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 21, eff. September 1, 2005. Acts 2025, 89th Leg., R.S., Ch. 61 ( Amended by Acts 1995, 74th Leg., ch. 341, Sec. 1.02, eff. Sept. 1, 1995. Amended by: Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 21, eff. September 1, 2005. Acts 2025, 89th Leg., R.S., Ch. 61 (S.B. 1403), Sec. 7, eff. September 1, 2025. Sec. 231.110. AUTHORIZATION OF SERVICE. The provision of services by the Title IV-D agency under this chapter or Part D of Title IV of the federal Social Security Act (42 U.S.C. Section 651 et seq.) does not authorize service on the agency of any legal notice that is required to be served on any party other than the agency. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 231.111. DISQUALIFICATION OF AGENCY. A court shall not disqualify the Title IV-D agency in a legal action filed under this chapter or Part D of Title IV of the federal Social Security Act (42 U.S.C. Section 651 et seq.) on the basis that the agency has previously provided services to a party whose interests may now be adverse to the relief requested. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 231.112. INFORMATION ON PATERNITY ESTABLISHMENT. On notification by the state registrar under Section 192.005(d), Health and Safety Code, that the items relating to the child's father are not completed on a birth certificate filed with the state registrar, the Title IV-D agency may provide to: (1) the child's mother and, if possible, the man claiming to be the child's biological father written information necessary for the man to complete an acknowledgment of paternity as provided by Chapter 160; and (2) the child's mother written information: (A) explaining the benefits of having the child's paternity established; and (B) regarding the availability of paternity establishment and child support enforcement services. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 54, eff. Sept. 1, 1999. Sec. 231.113. ENFORCEMENT OF SUPPORT O rcement services. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 54, eff. Sept. 1, 1999. Sec. 231.113. ENFORCEMENT OF SUPPORT OBLIGATIONS IN PUBLIC ASSISTANCE CASES. To the extent possible, the Title IV-D agency shall enforce a child support obligation in a case involving a child who receives financial assistance under Chapter 31, Human Resources Code, not later than the first anniversary of the date the agency receives from the Texas Department of Human Services the information the department is required to provide to assist in the enforcement of that obligation. Added by Acts 1995, 74th Leg., ch. 341, Sec. 1.03, eff. Sept. 1, 1995. Sec. 231.114. REPORTS OF CHILD SUPPORT PAYMENTS TO CONSUMER REPORTING AGENCIES. (a) The Title IV-D agency shall make information available in accordance with this section to a consumer reporting agency regarding the amount of child support owed and the amount paid by an obligor in a Title IV-D case. (b) Before disclosing the information to consumer reporting agencies, the Title IV-D agency shall send the obligor a notice by mail to the obligor's last known address. The notice must include: (1) the information to be released, including the amount of the obligor's child support obligation and delinquency, if any, that will be reported; (2) the procedure available for the obligor to contest the accuracy of the information; and Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 7 --- TEXAS FAMILY CODE Chapter 231, Subchapter B — SERVICES PROVIDED BY TITLE IV-D PROGRAM (3) a statement that the information will be released if the obligor fails to contest the disclosure before the 30th day after the date of mailing of the notice. (c) If the obligor does not contest the disclosure within the period specified by Subsection (b), the Title IV-D agency shall make the information available to the consumer reporting age the notice. (c) If the obligor does not contest the disclosure within the period specified by Subsection (b), the Title IV-D agency shall make the information available to the consumer reporting agency. (d) The Title IV-D agency shall regularly update the information released to a consumer reporting agency under this section to ensure the accuracy of the released information. (e) The Title IV-D agency may charge a consumer reporting agency a reasonable fee for making information available under this section, including all applicable mailing costs. (f) In this section: (1) "Consumer reporting agency" means any person that regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for monetary fees, for dues, or on a cooperative nonprofit basis, to furnish consumer reports to third parties. (2) "Obligor" means any person required to make payments under the terms of a support order for a child. (3) "Title IV-D case" means a case in which services are being provided by the Title IV-D agency under Part D of Title IV of the federal Social Security Act (42 U.S.C. Section 651 et seq.) seeking to locate an absent parent, determine parentage, or establish, modify, enforce, or monitor a child support obligation. Added by Acts 1995, 74th Leg., ch. 341, Sec. 1.03, eff. Sept. 1, 1995. Sec. 231.115. NONCOOPERATION BY RECIPIENT OF PUBLIC ASSISTANCE. (a) The failure by a person who is a recipient of public assistance under Chapter 31, Human Resources Code, to provide accurate information as required by Section 31.0315, Human Resources Code, shall serve as the basis for a determination by the Title IV-D agency that the person did not cooperate with the Title IV-D agency. (b) The Title IV-D agency shall: (1) identify the actions or failures to act by a recipient of public assistance that constitute noncooperation with the Title IV-D agency; (2) adopt rules governing nonc he Title IV-D agency shall: (1) identify the actions or failures to act by a recipient of public assistance that constitute noncooperation with the Title IV-D agency; (2) adopt rules governing noncompliance; and (3) send noncompliance determinations to the Texas Department of Human Services for immediate imposition of sanctions. (c) In adopting rules under this section that establish the basis for determining that a person has failed to cooperate with the Title IV-D agency, the Title IV-D agency shall consider whether: (1) good cause exists for the failure to cooperate; (2) the person has failed to disclose the name and location of an alleged or probable parent of the child, if known by the person, at the time of applying for public assistance or at a subsequent time; and (3) the person named a man as the alleged father and the man was subsequently excluded by parentage testing as being the father if the person has previously named another man as the child's father. Added by Acts 1997, 75th Leg., ch. 911, Sec. 75, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 54, eff. Sept. 1, 1999. Sec. 231.116. INFORMATION ON INTERNET. The Title IV-D agency shall place on the Internet for public access child support information to assist the public in child support matters, including application forms, child support collection in other states, and profiles of certain obligors who are in arrears in paying child support. Added by Acts 1997, 75th Leg., ch. 420, Sec. 18, eff. Sept. 1, 1997. Sec. 231.1165. INFORMATION ON SERVICE OF CITATION. The Title IV-D agency shall update the agency's child support automated system to inform the parties in a suit of the service of citation in the suit not later than the first business day after the date the agency receives notice that citation has been Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 8 --- TEXAS FAMILY CODE Chapter 231, Subchapter B — SERVICES PRO agency receives notice that citation has been Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 8 --- TEXAS FAMILY CODE Chapter 231, Subchapter B — SERVICES PROVIDED BY TITLE IV-D PROGRAM served. The information required by this section must be available by telephone and on the Internet. Added by Acts 2001, 77th Leg., ch. 141, Sec. 1, eff. Sept. 1, 2001. Sec. 231.117. EMPLOYMENT SERVICES-RELATED REFERRALS FOR UNEMPLOYED AND UNDEREMPLOYED OBLIGORS. (a) The Title IV-D agency: (1) shall refer to appropriate state and local entities that provide employment services any unemployed or underemployed obligor who is in arrears in court-ordered child support payments; and (2) may make the referral described by Subdivision (1) for any unemployed or underemployed obligor who is not in arrears. (b) A referral under Subsection (a) may include: (1) skills training and job placement through: (A) the Texas Workforce Commission; or (B) the agency responsible for the food stamp employment and training program (7 U.S.C. Section 2015(d)); (2) referrals to education and literacy classes; and (3) counseling regarding: (A) substance abuse; (B) parenting skills; (C) life skills; and (D) mediation techniques. (c) The Title IV-D agency may require an unemployed or underemployed obligor to complete the training, classes, or counseling to which the obligor is referred under this section. The agency shall suspend under Chapter 232 the license of an obligor who fails to comply with the requirements of this subsection. (d) Repealed by Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 26, eff. September 1, 2023. Added by Acts 1997, 75th Leg., ch. 165, Sec. 7.20(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1072, Sec. 5, eff. Sept. 1, 1999. Renumbered from Sec. 231.115 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(23), eff. Sept. 1, 1999. Renumbered from Sec. 231.115 and amended by Acts 1999, 76th Leg., ch. 556, Sec. , eff. Sept. 1, 1999. Renumbered from Sec. 231.115 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(23), eff. Sept. 1, 1999. Renumbered from Sec. 231.115 and amended by Acts 1999, 76th Leg., ch. 556, Sec. 54, eff. Sept. 1, 1999. Amended by: Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 14, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 15, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 26, eff. September 1, 2023. Sec. 231.118. SERVICE OF CITATION. (a) The Title IV-D agency may contract with private process servers to serve a citation, a subpoena, an order, or any other document required or appropriate under law to be served a party. (b) For the purposes of Rule 103 of the Texas Rules of Civil Procedure, a person who serves a citation or any other document under this section is authorized to serve the document without a written court order authorizing the service. (c) Issuance and return of the process shall be made in accordance with law and shall be verified by the person serving the document. (d) Notwithstanding Subsection (c) or any other law or rule, a return of the process made under this section in a suit may not include the address served and the court shall consider due process requirements for notice and service of process to be met with respect to a party if: (1) a pleading filed in the suit requests a finding under Section 105.006(c); or (2) the court has previously made a finding and ordered nondisclosure under Section 105.006(c) relating to the party and the order has not been superseded. Added by Acts 1999, 76th Leg., ch. 556, Sec. 54, eff. Sept. 1, 1999. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 9 --- TEXAS FAMILY CODE Chapter 231, Subchapter B — SERVICES PROVIDED BY TITLE IV-D PROGRAM Amended by: Acts 2017, 85th Leg., R.S., Ch. 699 (H.B. 2048), Sec. 2, eff. September 1, 2017. Acts 2025, 89th Leg., R.S., Ch. 61 (S.B. 1 231, Subchapter B — SERVICES PROVIDED BY TITLE IV-D PROGRAM Amended by: Acts 2017, 85th Leg., R.S., Ch. 699 (H.B. 2048), Sec. 2, eff. September 1, 2017. Acts 2025, 89th Leg., R.S., Ch. 61 (S.B. 1403), Sec. 8, eff. September 1, 2025. Sec. 231.119. OMBUDSMAN PROGRAM. (a) The Title IV-D agency shall establish an ombudsman program to process and track complaints against the Title IV-D agency. The director of the Title IV-D agency shall: (1) designate an employee to serve as chief ombudsman to manage the ombudsman program; and (2) designate an employee in each field office to act as the ombudsman for the office. (b) The Title IV-D agency shall develop and implement a uniform process for receiving and resolving complaints against the Title IV-D agency throughout the state. The process shall include statewide procedures to inform the public and recipients of Title IV-D services of the right to file a complaint against the Title IV-D agency, including the mailing addresses and telephone numbers of appropriate Title IV-D agency personnel responsible for receiving complaints and providing related assistance. (c) The ombudsman in each field office shall ensure that an employee in the field office responds to and attempts to resolve each complaint that is filed with the field office. If a complaint cannot be resolved at the field office level, the ombudsman in the field office shall refer the complaint to the chief ombudsman. (d) The Title IV-D agency shall maintain a file on each written complaint filed with the Title IV-D agency. The file must include: (1) the name of the person who filed the complaint; (2) the date the complaint is received by the Title IV-D agency; (3) the subject matter of the complaint; (4) the name of each person contacted in relation to the complaint; (5) a summary of the results of the review or investigation of the complaint; and (6) an explanation of the reason the file was closed, if the agency closed the file without tak on to the complaint; (5) a summary of the results of the review or investigation of the complaint; and (6) an explanation of the reason the file was closed, if the agency closed the file without taking action other than to investigate the complaint. (e) The Title IV-D agency, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation of the complaint unless the notice would jeopardize an undercover investigation. (f) The Title IV-D agency shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the Title IV-D agency's policies and procedures relating to complaint investigation and resolution. Added by Acts 1999, 76th Leg., ch. 556, Sec. 54, eff. Sept. 1, 1999. Sec. 231.120. TOLL-FREE TELEPHONE NUMBER FOR EMPLOYERS. The Title IV-D agency shall maintain a toll-free telephone number at which personnel are available during normal business hours to answer questions from employers responsible for withholding child support. The Title IV-D agency shall inform employers about the toll-free telephone number. Added by Acts 1999, 76th Leg., ch. 556, Sec. 54, eff. Sept. 1, 1999. Sec. 231.121. AVAILABILITY OF BROCHURES. The Title IV-D agency shall ensure that all Title IV-D brochures published by the agency are available to the public on the agency's Internet website and, on the request of the clerk of a district court, at courthouses where family law cases are heard in the county in which that district court is located. Added by Acts 2001, 77th Leg., ch. 141, Sec. 2, eff. Sept. 1, 2001. Amended by: Acts 2025, 89th Leg., R.S., Ch. 61 (S.B. 1403), Sec. 9, eff. September 1, 2025. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 10 --- TEXAS FAMILY CODE Chapter 231, Subchapter B — SERVICES PROVIDED BY TITLE IV-D PROGRAM Sec. 231.121 5. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 10 --- TEXAS FAMILY CODE Chapter 231, Subchapter B — SERVICES PROVIDED BY TITLE IV-D PROGRAM Sec. 231.1211. INFORMATIONAL MATERIALS ON STANDARD POSSESSION ORDER. (a) The Title IV-D agency shall create informational materials that describe the possession schedule under the standard possession order under Subchapter F, Chapter 153, including any alternate schedules or elections available to conservators. (b) The Title IV-D agency shall make the informational materials described by Subsection (a) available on the agency's Internet website and distribute printed copies of those materials on request. Added by Acts 2021, 87th Leg., R.S., Ch. 896 (H.B. 3203), Sec. 3, eff. September 1, 2021. Added by Acts 2021, 87th Leg., R.S., Ch. 967 (S.B. 1936), Sec. 3, eff. September 1, 2021. Sec. 231.122. MONITORING CHILD SUPPORT CASES; ENFORCEMENT. The Title IV-D agency shall monitor each Title IV-D case from the date the agency begins providing services on the case. If a child support obligor in a Title IV-D case becomes more than 60 days delinquent in paying child support, the Title IV-D agency shall expedite the commencement of an action to enforce the child support order. Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.10, eff. September 1, 2005. Sec. 231.123. COOPERATION WITH VOLUNTEER INCOME TAX ASSISTANCE PROGRAMS. (a) In order to maximize the amount of any tax refund to which an obligor may be entitled and which may be applied to child support, medical support, and dental support obligations, the Title IV-D agency shall cooperate with volunteer income tax assistance programs in the state in informing obligors of the availability of the programs. (b) The Title IV-D agency shall publicize the services of the volunteer income tax assistance programs by distributing printed materials regarding the programs and by placing information regarding the programs o e IV-D agency shall publicize the services of the volunteer income tax assistance programs by distributing printed materials regarding the programs and by placing information regarding the programs on the agency's Internet website. (c) The Title IV-D agency is not responsible for producing or paying the costs of producing the printed materials distributed in accordance with Subsection (b). Added by Acts 2005, 79th Leg., Ch. 925 (H.B. 401), Sec. 1, eff. September 1, 2005. Renumbered from Family Code, Section 231.122 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(22), eff. September 1, 2007. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 45, eff. September 1, 2018. Sec. 231.124. CHILD SUPPORT ARREARAGES PAYMENT INCENTIVE PROGRAM. (a) The Title IV-D agency may establish and administer a payment incentive program to promote payment by obligors who are delinquent in satisfying child support arrearages assigned to the Title IV-D agency under Section 231.104(a). (b) A program established under this section must provide to a participating obligor a credit for every dollar amount paid by the obligor on interest and arrearages balances during each month of the obligor's voluntary enrollment in the program. In establishing a program under this section, the Title IV-D agency by rule must prescribe: (1) criteria for a child support obligor's initial eligibility to participate in the program; (2) the conditions for a child support obligor's continued participation in the program; (3) procedures for enrollment in the program; and (4) the terms of the financial incentives to be offered under the program. (c) The Title IV-D agency shall provide eligible obligors with notice of the program and enrollment instructions. Added by Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 13, eff. September 1, 2011. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 11