A-1100, Child Support
A-1110, General Policy
Revision 15-4; Effective October 1, 2015
TANF and Medical Programs
The Office of the Attorney General (OAG) Child Support Division is responsible for the child support program. The OAG attempts to establish and enforce child support and medical support for children on Temporary Assistance for Needy Families (TANF) and certain medical programs.
TANF
Caretakers and payees must cooperate in obtaining child support and medical support for a child receiving TANF unless good cause exists.
TP 08
Parents and caretaker relatives are mandatory participants and must cooperate in obtaining medical support for a child receiving Medicaid unless good cause exists. They may refuse assistance in obtaining child support, but not medical support. If the individual refuses assistance in obtaining child support, the OAG will not attempt to establish or enforce child support unless the individual has a previous TANF case with arrears that must be paid back to the state. Advisors must explain to individuals that when the OAG pursues medical support, Texas courts also pursue a child support order. If the individual chooses medical support only, the OAG will not attempt to enforce the child support orders.
Note: The advisor must request information on parents living outside of the home during an interview for TP 08. Information about parents living outside of the home is not requested for Medical Programs on the application.
Related Policy
Explanation of Good Cause, A-1130
Medical Programs except TP 08
Medical support requirements do not apply to children's medical programs. Applicants and individuals may volunteer to receive child or medical support services. There is no penalty for noncooperation.
Note: The OAG may contact and continue to collect benefits for a household receiving only children's medical assistance due to previous receipt of TANF.
Households may contact the OAG if they have questions or would like assistance in obtaining OAG services by calling 1-800-252-8014.
A—1111 Office of the Attorney General (OAG) Case Information and Inquiry
Revision 15-4; Effective October 1, 2015
TANF and Medical Programs
If the custodial or noncustodial parents or employers have questions regarding child support payments, distribution, or withholdings, they should be referred to the local child support office or to 1-800-252-8014.
Custodial or noncustodial parents should be referred to the local OAG office if they request verification and certification of public assistance received. The OAG staff complete Form 1740, Request for Public Assistance Payment Certification, when the amount of public assistance is in question or when it is needed in court to establish child support. Texas Health and Human Services Commission (HHSC) Fiscal Management Services (E-411) researches and certifies the amounts and date on Form 1745, Report of Total Public Assistance Payments, for the OAG.
A-1120, Child Support Program Requirements and Procedures
Revision 15-4; Effective October 1, 2015
TANF and Medical Programs
Form H1712, Explanation of Child/Medical Support, Family Violence and Good Cause, is used to explain the:
- child support process;
- benefits of the child support program;
- penalties for noncooperation;
- details about the family violence option;
- details of the good cause claim for not cooperating; and
- individual's responsibility to:
- provide information to the OAG and HHSC on all possible biological and/or legal parent(s);
- help the OAG find the absent parent;
- help the OAG establish paternity, if necessary;
- go to the OAG office or to court to sign papers or provide necessary information; and
- remit all child/medical support payments received after TANF is approved.
A—1121 Authorization and Assignment of Child and Medical Support
Revision 15-4; Effective October 1, 2015
TANF and TP 08
The assignment of rights to child and medical support is accomplished when an applicant signs an application that includes a request for TANF or TP 08. Signing the application gives the OAG permission to receive and process any child or medical support payments made payable to the child.
A—1122 Parent Profiles for Child and Medical Support Referrals
Revision 02-6; Effective July 1, 2002
A—1122.1 Parent Profile Questionnaire
Revision 22-2; Effective April 1, 2022
TANF and TP 08
Form H0050, Parent Profile Questionnaire, information is required for each absent parent. The absent parent information may be obtained verbally and entered into the Absent Parent page. If a child has both a legal and a biological absent parent, information on both the legal and biological parent is required unless the person can reasonably explain why it is impossible to provide information or has established good cause. The person must provide the following information about the absent parent:
- the absent parent's first and last name;
- information about the relationship (divorced, separated or never married) between the child's parents; and
- at least one of the following:
- the absent parent's Social Security number;
- the absent parent's current or last known address; or
- the absent parent's current or previous employer information.
Staff must address each item on Form H0050 and help the person obtain information about the absent parent(s). The OAG establishes cases based on information collected from the applicant and entered by HHSC staff. Failure to provide complete and accurate information may affect the successful enforcement of child support.
TP 43, TP 44 and TP 48
If the person volunteers to receive services provided by the OAG, staff must collect absent parent information as noted above and refer the child's Eligibility Determination Group (EDG) to the OAG.
Related Policy
Explanation of Good Cause, A-1130
A—1122.2 Child Support and Medical Support Referrals
Revision 15-4; Effective October 1, 2015
TANF and Medical Programs except TP 40 and TP 36
Advisors must send referrals to the OAG on legal and biological parent(s):
- when deprivation is based on absence;
- when deprivation is based on death;
- if paternity cannot be established using policy in A-1021, Unwed Parents Living Together, for a biological father who is in the home;
- if the family volunteers to receive services provided by the OAG for Children's Medicaid programs; or
- the adult caretaker receives TP 08. See A-1122.1, Parent Profile Questionnaire, for Children's Medicaid programs.
Advisors do not send a referral if:
- a child in the home is not deprived because both parents are in the home or deprivation is based on unemployment or underemployment (TANF-State Program [SP]);
- a claim of good cause has been established;
- deprivation is based on physical or mental incapacity; or
- the legal or biological father of a pregnant woman's unborn child has no other children receiving Medicaid.
Advisors must review Form H0050, Parent Profile Questionnaire, with the individual to ensure no items are blank, that the individual provided complete and current information, and entered the information in the Absent Parent logical unit of work (LUW). The Texas Integrated Eligibility Redesign System (TIERS) automatically sends the referral to the OAG.
A—1123 Updates to Child Support Referrals
Revision 15-4; Effective October 1, 2015
TANF and TP 08
Advisors must advise the client to report new information about the absent parent(s), review the information previously submitted for accuracy, and update items as needed. The OAG will receive the update automatically.
A—1124 TANF
Revision 15-4; Effective October 1, 2015
After certification, TANF individuals must remit to the OAG all child support payments received for a certified child. Individuals should be given sufficient copies of Form H1710, Payment Identification, and OAG self-addressed envelopes, if payments are being made or might be made. When the individual receives a child support payment from an absent parent following certification, the individual must:
- write on the check or money order "Deposit Only - State Treasury" and not endorse the check or money order;
- include Form H1710 with the check or money order; and
- send it to the Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, Texas 78265-9941.
If child support is intended for a child on TANF and one on Supplemental Security Income (SSI), the individual must remit the payment to the OAG for proration and distribution to occur.
If the individual turns in child support payments to the local office, advisors must:
- forward the payment(s) to the Child Support Disbursement Unit; and
- give the individual a copy of Form H4100, Money Receipt.
Advisors must send Form H1701, Child Support, TANF Foster Care and TANF/Medicaid Case Information Exchange, including the amounts and months involved, to the OAG if the advisor becomes aware that the individual did not remit a child support payment. Advisors should follow policy in A-1140, Noncooperation with Child Support Program Requirements, to sanction the individual for noncooperation. If the individual indicates they will continue to keep child support received from the absent parent, the advisor should follow policy in B-700, Claims, and process a claim for the month(s) of unreported income.
If the OAG becomes aware that the individual received child support and did not remit the payments, the child support officer notifies the advisor on Form H1701. The advisor must process a claim for the unreported income.
TANF-SP
The household must not be required to remit any child support collected on behalf of a non-mutual child.
Related Policy
Remitting Cash Medical Support Payments to the Third-Party Resources (TPR) Unit, A-861.5
Child Support, A-1326.2
A—1125 OAG Distribution
Revision 15-4; Effective October 1, 2015
TANF
After individuals are certified for TANF, they must send all child support payments received to the OAG Child Support Division. The OAG:
- sends the $75 disregard to the individual;
- reimburses the state for TANF paid to the individual; and
- sends HHSC the monthly interface file of child support collections for TANF recipients.
HHSC uses the information to determine whether the collection exceeds the grant plus the disregard, and to determine grant in jeopardy if it exceeds the grant.
If the individual receives child support for an SSI child in the household, the OAG will distribute (directly to the individual) the prorated share of support intended for the SSI child.
The month after the OAG receives a child support payment, the OAG will send the individual up to $75 (disregard payment). The amount sent is the lesser of:
- the court-ordered payment amount,
- the amount the OAG received during a given month, or
- $75.
When the OAG receives a child support collection that exceeds the grant plus unreimbursed assistance, the excess is sent to the individual. Form H1714, Notice of Grant Jeopardy; Form H1715, Notice of Excess Payment; or Form H1717, Notice of Grant Jeopardy/Excess Payment — Denial, will notify the advisor of the date and amount of the payment.
A grant-in-jeopardy EDG may be generated for EDGs involving SSI children. In processing the grant-in-jeopardy, TIERS determines whether the prorated share of child support exceeds the TANF grant, minus the disregard. If the prorated share exceeds the TANF grant, minus the disregard, TIERS will deny the EDG. If the amount does not exceed the TANF grant, TIERS will allow the TANF EDG to continue.
| Example: | The household consists of a caretaker and one child who receives TANF and one child who receives SSI. | |
|---|---|---|
| - | $300 | child support for both children |
| - | -150 | will go directly to SSI child |
| - | 150 | child support for TANF child |
| - | - 75 | disregard |
| - | $75 | does not exceed TANF for a caretaker and one child; the state retains the child support |
Note: If the individual appeals the action described in A-852, Automated Process, and receives continued benefits, the advisor must count the excess payment as income during the appeal period if the advisor anticipates that the child support payments will continue.
Related Policy Automated Process, A-852 Child Support, A-1326.2 $75 Disregard Deduction, A-1422 Child Support Systems, C-830
A-1130, Explanation of Good Cause
A—1130 Explanation of Good Cause
Revision 21-2; Effective April 1, 2021
TANF and TP 08
The purpose of good cause is to allow people to access benefits safely. Good cause provides an exemption from cooperating with the OAG’s child support and medical support requirements.
Explain the family violence option and good cause exemption to all households applying for benefits. Use Form H1712, Explanation of Child/Medical Support, Family Violence and Good Cause, to explain the good cause exemption from the child support and medical support requirements. The explanation must include the situations that justify good cause and the required verifications. Explain that a person does not have to cooperate with child support or medical support requirements if they can prove that cooperation is not in the child's best interest.
A claim of good cause must be made separately for each absent parent. Notify the OAG of the person's good cause claim. This notification is sent from HHSC to the OAG through an automated interface once staff enter the appropriate information into TIERS and the case is disposed.
After explaining Form H1712 to the person:
- Review Part I of Form H1713, Service Plan for Family Violence Option and Report of Good Cause, with the person during the interview. Complete only Part I of Form H1713 if the person indicates on this form that they do not want to claim good cause. If the person wants to continue to claim good cause, continue completing Part II and Part III where applicable of Form H1713.
- Complete Part II Assessment Referral of Form H1713 if the person wants to claim good cause for family violence. Make an assessment referral to a family violence specialist using Part II of Form 1713. The family violence specialist makes a recommendation of good cause for reasons of family violence using the Form H1706, Good Cause Recommendation and Family Violence Exemption.
- Complete Part III of Form H1713 to indicate the good cause reason and determination date.
Once the family violence specialist makes a recommendation of good cause on the Form H1706, complete Part III of Form H1713 and send the form to the local child support office and HHSC Family Violence Program (FVP) staff to report the final decision.
Note: TIERS will automatically notify the local child support office of the good cause determination through the OAG interface when the EDG is disposed.
Related Policy
Good Cause for Family Violence Option, A-1131.1
A—1131 Good Cause Situations
Revision 15-4; Effective October 1, 2015
TANF and TP 08
Good cause exists when:
- a child was conceived as a result of incest or rape;
- a child or caretaker may be physically harmed;
- a child or caretaker may be emotionally harmed to the extent that the caretaker's capacity to adequately care for the child is impaired; or
- legal proceedings for the child's adoption are pending before a court or a licensed or private social agency is helping the individual decide whether to keep the child or relinquish the child for adoption.
Note: This issue must not have been under discussion more than three months and staff must update the absent parent referral if the issue remains unsolved beyond the third month.
A—1131.1 Good Cause for Family Violence Option
Revision 22-2; Effective April 1, 2022
TANF and TP 08
Cooperating with the OAG’s child support and medical support requirements could pose a potential safety risk for family violence victims and their children. HHSC and OAG allow good cause for family violence to not comply with child and medical support requirements. Explain and offer the family violence option at each application and redetermination.
Staff must:
- explain Form H1712, Explanation of Child/Medical Support, Family Violence and Good Cause, and give a copy of the form to the person;
- review Part I of Form H1713, Service Plan for Family Violence Option and Report of Good Cause, with the person; and
- if the person wants to claim good cause for reasons of family violence, use Part II of Form 1713 to make an assessment referral to a family violence specialist at a nearby family violence service provider. Only a family violence specialist can recommend good cause relating to family violence.
A list of family violence shelters is searchable in TIERS and located at the HHS Family Violence Program page. If no shelter serves the person's area, give the person the National Domestic Violence Hotline number (800-799-7233 [800-799-SAFE] or 800-787-3324 TTY for people who are deaf) to help the person locate the closest family violence service provider.
If the person wants to claim good cause for not complying with TANF or Medicaid child support and medical support requirements due to family violence:
- The person arranges to speak with the referred family violence specialist to discuss the need to claim good cause and request a good cause recommendation.
- After the family violence specialist makes the good cause recommendation, the family violence specialist completes Form H1706, Good Cause Recommendation and Family Violence Exemption, and returns the form to the person or to HHSC to use as verification.
- For face-to-face interviews at a local HHSC eligibility office, provide the person a confidential phone interview with the family violence specialist from the local eligibility determination office. In this scenario, the Form 1706 is not required, and HHSC staff use “client statement” as verification.
Continue to process the TANF or Medicaid EDG and collect absent parent information verbally or by pending the EDG for the H0050, Parent Profile Questionnaire. Remind the person that HHSC requires a completed Form H0050 if the family violence specialist does not recommend good cause or the person decides not to pursue good cause. If the person does not pursue good cause, they must complete and return Form H0050 or provide absent parent information before staff can approve the TANF or Medicaid EDG
Note: By collecting the absent parent information or pending the EDG for the information at the time of the interview, staff will be able to process the EDG regardless whether the H1706 supports the good cause claim.
Allow the person 10 days to return Form H1706, Form H1713 and Form H0050. Certify the EDG, if otherwise eligible, without the H1706, if not returned or if the H1706 does not support the good cause claim.
HHSC staff requirements for Form H1713:
- complete Part II and Part III of Form H1713;
- send a copy to the local child support office; and
- send a copy to the family violence coordinator by one of the following methods to report the final decision:
- Interagency mail: Family Violence Coordinator, Mail Code 2010
- Regular mail: Family Violence Coordinator 909 W. 45th St., Mail Code 2010 Austin, TX 78751; or
- Email: Send completed and scanned documents only to the HHSC Family Violence Mailbox.
Once the good cause claim has been established, re-evaluate the claim at each redetermination. If the person is no longer claiming good cause, update the absent parent referral by removing the good cause indicator to allow the OAG to help the family get child support or medical support services for their children. If the person continues to claim good cause, continue to uphold good cause.
A—1131.2 Good Cause Related to Adoptions, Rape or Incest
Revision 15-4; Effective October 1, 2015
TANF and TP 08
If an individual claims good cause based on an adoption, rape, or incest, advisors must:
- allow individuals 20 days to provide evidence;
- extend the deadline for evidence if additional time is needed to obtain the necessary information;
- document the reason for extending the deadline and obtain supervisory approval; and
- flag the case and evaluate the evidence when received and recommend either that the individual:
- has good cause for not cooperating and the OAG should not continue child support locate and enforcement efforts; or
- does not have good cause for not cooperating and the OAG should continue child support locate and enforcement efforts.
Note: For adoption situations, the issue must not have been under discussion for more than three months. If the issue is unresolved beyond the third month, staff must update the absent parent referral.
A-1140, Noncooperation with Child Support Program Requirements
Revision 15-4; Effective October 1, 2015
TANF and TP 08
At initial certification and redetermination or incomplete reviews, the advisor must determine whether the individual failed to cooperate with child support requirements.
The advisor determines noncooperation when:
- an individual fails to cooperate with child support requirements without good cause (see A-1120, Child Support Program Requirements and Procedures, for individual responsibilities); or
- HHSC receives Form H1708-A, Report of Noncooperation (Automated), from the OAG via the weekly interface.
Medical Programs except TP 08
There is no penalty for noncooperation for Medical Programs. Advisors do not take any action on an individual who volunteers to receive child and medical support services but later noncomplies.
A—1141 Sanctions for Noncooperation
Revision 16-2; Effective April 1, 2016
TANF and TP 08
The Child Support Division of the OAG notifies HHSC via a weekly interface when an individual fails to cooperate with child support or medical support. Upon receipt of the notice of child support noncooperation, HHSC must take action to process the noncooperation within five workdays. See A-2140, Full-Family Sanction, and A-2150, Pay for Performance.
TANF
Adult TANF recipients, second parents and minor parents certified as adults, payees or disqualified adults are required to sign Form H1073, Personal Responsibility Agreement, and cooperate with child support requirements. Failure to do so results in a full-family sanction. If the TANF recipient or payee has more than one TANF EDG and fails to cooperate with child support requirements, the sanction applies to all of their TANF EDGs. See A-2140 and A-2150.
TP 08
Parents and caretaker relatives receiving TP 08 must cooperate in establishing medical support. Failure to cooperate with requirements results in the loss of medical coverage for the noncooperating adult.
The advisor must deny a noncooperating adult's TP 08 EDG. See A-1142, Noncooperation Situations.
Medical Programs except TP 08
Recipients applying for Children's Medicaid programs, including TP 40 for a pregnant teen under age 19, are not required to cooperate with child support requirements. Therefore, there is no penalty for noncooperation. Recipients may volunteer for child support services.
A—1142 Noncooperation Situations
Revision 15-4; Effective October 1, 2015
TANF and TP 08
| If a child support noncooperation is received on … | and the household does not have good cause, then … |
|---|---|
|
Note: If the household fails to cooperate by the last calendar day of the second month, the household will be subject to pay for performance requirements when they reapply for TANF. |
|
no action is required. |
|
no further action is required. |
|
TIERS sends Form TF0001 advising the household of the noncooperation and how to cooperate. Note: The OAG will not issue Form H1701, Child Support, TANF Foster Care and TANF/Medicaid Case Information Exchange, until the individual cures all noncooperations. |
|
TIERS denies the noncooperating adult's TP 08 EDG. |
|
refer to A-2140, Full-Family Sanction, to impose a full-family sanction. If the household fails to cure the noncooperation before the last day of the second noncooperation month, they will need to reapply under pay for performance. TIERS denies the noncooperating adult's TP 08 EDG. |
Note: The advisor must determine whether the individual has good cause for not cooperating with child support requirements using policy in A-1130, Explanation of Good Cause. If the individual has good cause, the advisor should not impose a full-family sanction.
Related Policy
Explanation of Good Cause, A-1130
Noncooperation with Child Support Program Requirements, A-1140
Good Cause for Child Support Noncooperation, A-2122.3
Full-Family Sanction, A-2140
Pay for Performance, A-2150
A-1150, Verification Requirements
Revision 15-4; Effective October 1, 2015
TANF and TP 08
Advisors must verify all good cause claims.
A—1151 Verification Sources
Revision 15-4; Effective October 1, 2015
TANF and TP 08
The following are acceptable verification sources or evidence for:
- Emotional or Physical Harm for Individuals — a written recommendation from a family violence specialist. The specialist must be an employee of a family violence program that contracts with HHSC. The family violence specialist must complete Form H1706,Good Cause Recommendation and Family Violence Exemption, which serves as verification for the good cause claim.
- Incest or Rape — a birth certificate or medical or law enforcement records indicating the circumstances surrounding the child's birth.
- Adoption or Pending Adoption — a court document, other related records, or written statement of the facts from the social services agency.
Related Policy Questionable Information, C-920 Providing Verification, C-930
A-1160, Documentation Requirements
Revision 15-4; Effective October 1, 2015
TANF and TP 08
Advisors must document:
- that the individual cooperated with the child support requirements;
- every aspect of the good cause investigation, the determination, the basis for the determination, and the evidence provided;
- determination made at each re-evaluation of good cause, which must occur at each periodic review; and
- the reason an individual cannot provide minimum information on an absent parent.
TANF
Advisors must document the name and last known address of the legal and/or biological father of an unborn child if the mother receives TANF.
Medical Programs except TP 08
Advisors must document that the individual did not want to volunteer for child/medical support services.
Related Policy
Documentation, C-940