| (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 |
