SECTION 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.

Source Note: The provisions of this §55.141 adopted to be effective September 20, 1998, 23 TexReg 9299; amended to be effective March 5, 2008, 33 TexReg 1760; amended to be effective November 10, 2014, 39 TexReg 8685