Part 3. OFFICE OF THE ATTORNEY GENERAL
Chapter 55. CHILD SUPPORT ENFORCEMENT
Subchapter P. REVIEW AND ADJUSTMENT OF A SUPPORT ORDER
The Office of the Attorney General, Child Support Division proposes new Subchapter P, §55.851, concerning the review and adjustment of a child support order for persons receiving Title IV-D services. The proposed new section will describe the procedures of the Title IV-D agency for review and adjustment of a child support order in compliance with federal and state law.
Alicia Key, IV-D Director, Child Support Division, has determined that for the first five years the new section as proposed is in effect, there will be no significant fiscal implications for state or local government as a result of enforcing or implementing the sections.
Ms. Key has also determined that for each year of the first five years the section is in effect, the public benefit as a result of the new section will be compliance with state and federal requirements. There will be no significant fiscal implications for small businesses or individuals. In addition, Ms. Key has determined that there will be no local employment impact as a result of the new section.
Comments may be submitted to Kathy Shafer, Deputy Director, Legal Counsel Division, Office of the Attorney General, (physical address) 5500 East Oltorf, Austin, Texas, 78741 or (mailing address) P.O. Box 12017, Mail Code 044, Austin, Texas 78711-2017.
The proposed new section §55.851, is authorized by Texas Family Code §231.002, which authorizes the Office of the Attorney General to adopt rules for the provision of child support services.
The new section is proposed under Texas Family Code Chapter 156, Modification.
§55.851.Review and Adjustment of a Child Support Order.
(a) For persons receiving Title IV-D services, the Title IV-D agency will review the support order for modification every three years:
(1) for a TANF case;
(2) at the request of either parent for a post-assistance or Medical Assistance-Only case; or
(3) at the request of either parent for a case in which the parent has applied for Title IV-D services.
(b) After such review and if appropriate, the Title IV-D agency will adjust the support order in accordance with Texas Family Code, §156.401.
(c) The Title IV-D agency may review and adjust the support order sooner than three years, if there has been a material change in circumstances of the child or persons affected by the support order as allowed by Texas Family Code, §156.401.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on January 28, 2008.
TRD-200800448
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Earliest possible date of adoption: March 9, 2008
For further information, please call: (512) 463-2096