| (a) A non-custodial parent, who the Office of the Attorney
General has determined owes past-due child support and whose federal
income tax refund is therefore subject to interception by the Office
of the Attorney General, may contest the determined amount of past-due
child support or arrears by contacting the Office of the Attorney
General and submitting a written complaint to the Office of the Attorney
General, Child Support Division, at the office address which appears
on the notice of an intended or actual administration action, requesting
either:
(1) an informal resolution of any issue in dispute;
or
(2) a formal administrative review hearing. A request
for an informal resolution of an issue in dispute shall not preclude
the non-custodial parent from subsequently requesting a formal hearing.
(b) If the order upon which the Office of the Attorney
General computed the amount of past-due child support owed was entered
by a court of another state, the non-custodial parent may request
a hearing in that state.
(c) A request for administrative review must be submitted
no later than 30 days from the date the non-custodial parent receives
notice of an intended or actual report of past-due amounts to the
federal Internal Revenue Service.
(d) The Office of the Attorney General shall grant
a request for hearing on the non-custodial parent's submission, not
later than 30 days following the non-custodial parent's receipt of
notice of the actual offset, of a completed request for administrative
review form to be obtained from the Office of the Attorney General.
(The request for administrative review form for contesting federal
income tax refund intercepts, appears at the end of this section.)
(e) In an interstate case in which a non-custodial
parent has requested a hearing in Texas to contest an arrearage amount
calculated by the IV-D agency of another state, the Office of the
Attorney General shall grant the requested hearing upon notification
of the request by the other state. The Office of the Attorney General
shall then provide the non-custodial parent with a request for administrative
review form to be returned to the Office of the Attorney General not
later than 10 days prior to the hearing date.
(f) The parties may appear in person or by telephone,
with or without a representative. An in-person hearing must be requested
at the time the Request for Hearing is submitted. The hearing record
shall be made by an audio recording.
(1) The non-custodial parent may submit any contentions
and evidence in the form of an affidavit properly acknowledged, thereby
making an appearance unnecessary. If the non-custodial parent does
not participate in the hearing, any properly acknowledged affidavit
from the non-custodial parent may be submitted and admitted as evidence
into the hearing record and may be considered by the hearing examiner
in determining the facts; and
(2) In non-TANF cases, if the custodial parent chooses
not to participate, the information and affidavit provided at the
time of application shall be considered. If the custodial parent does
not participate in the hearing, a properly acknowledged affidavit
from the custodial parent may be submitted and admitted as evidence
into the hearing record and may be considered by the hearing examiner
in determining the facts. The prescribed Request for Administrative
Review form (Form 3F006e & 3F006s) can be obtained from the Texas
Attorney General's Child Support Division webpage www.texasattorneygeneral.gov
under Child Support, Forms.
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| Source Note: The provisions of this §55.101 adopted to be effective May 25, 1992, 17 TexReg 3464; amended to be effective March 5, 2008, 33 TexReg 1759; amended to be effective November 10, 2014, 39 TexReg 8685 |
