40 Tex. Admin. Code § 700.1110 - Collection and Use of Child Support Payments

(a) The Texas Department of Protective and Regulatory Services (PRS) must use the child support collected for a child in substitute care for the care and maintenance of the child.

(b) If the amount of child support collected for a child, by itself or in combination with the child's other income, equals or exceeds the amount of the child's foster-care assistance payments, PRS staff must redetermine the child's eligibility for foster care assistance.

(c) If the amount collected exceeds the monthly amount of the foster-care maintenance payment, but not the monthly child support obligation, the attorney general's office pays the excess to PRS. As the child's managing conservator, PRS must either:

(1) set the excess aside for the child's future needs; or

(2) make it available to meet the child's day-to-day needs. If PRS is not the child's managing conservator, PRS sends the excess to the managing conservator. The managing conservator must use the excess to meet the child's needs as specified in this subsection.

(d) If the amount collected exceeds both the foster-care maintenance payment and the monthly child support obligation, PRS retains the excess as reimbursement for past unreimbursed Title IV-E foster-care maintenance payments or Title IV-A aid to families with dependent children assistance payments.

(e) When foster-care maintenance payments end, the assignment of support rights also ends except for the amount of any unpaid support that accrued under the assignment. The attorney general's child support unit may try to collect unpaid support and send it to PRS as reimbursement for past unreimbursed foster-care maintenance payments.

Notes

40 Tex. Admin. Code § 700.1110

The provisions of this §700.1110 adopted to be effective May 15, 1992, 17 TexReg 2783; Transferred effective September 1, 1992, as published in the Texas Register September 11, 1992, 17 TexReg 6279.