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