1 Tex. Admin. Code § 55.141 - Contesting Distribution of Collections on Child Support Obligations
(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.
(b) When notified of a contest, the Office of
the Attorney General shall provide a report showing the support collected on
the obligation, how the collection was allocated between the contestant and the
State, and the basis for that allocation. This report is not required if the
contestant has previously received a monthly notice of collection report from
the Office of the Attorney General covering the same time period. The Office of
the Attorney General shall provide the contestant with the report or upon
request a form for requesting an administrative hearing.
(c) A hearing shall be conducted by the
Office of the Attorney General upon the contestant's submission of a completed
request for administrative review form. The request for administrative review
must be submitted in writing not later than 30 days after the date the report
in subsection (b) was prepared for the contestant. If the dispute is resolved
informally before the hearing, the formal request shall be dismissed.
(d) The custodial parent may participate in
the hearing, with or without a licensed representative. The custodial parent
may submit any contentions and evidence in the form of a properly acknowledged
affidavit, thereby making participation in the hearing unnecessary.
(e) The request for hearing shall be made
using the prescribed form for Request for Administrative Review - Distribution
of Child Support Payments (Form 1757) which can be obtained from the Texas
Attorney General's Child Support Division webpage www.texasattorneygeneral.gov
under Child Support, Forms.
Notes
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