Texas Family Code 231.1015 – Administrative Adjustment of Support Obligations During Obligor’s Incarceration
(a) Subject to Subsection (b), on verification by the Title IV-D agency that a judgment or order has been rendered for the confinement of a child support obligor in a local, state, or federal jail or prison for a period of at least 180 consecutive days, the Title IV-D agency shall review and administratively adjust the obligor’s child support, medical support, and dental support order to amounts that are based on the application of the child support guidelines under Chapter 154 to the obligor’s net resources during incarceration.
(b) This section does not apply if the Title IV-D agency determines that the obligor is confined:
(1) due to the obligor’s failure to comply with a child support order; or
(2) for an offense constituting an act of family violence, as defined by § 71.004, committed against the obligee or a child covered by the child support order.
Terms Used In Texas Family Code 231.1015
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(c) If the Title IV-D agency administratively adjusts a support obligation under Subsection (a), the agency must:
(1) provide notice of the administrative adjustment to the parties to the support order; and
(2) file a copy of the notice with the court of continuing, exclusive jurisdiction.
(d) The notice provided under Subsection (c) must state:
(1) the amount of the obligor’s adjusted support obligation during incarceration;
(2) the effective date of the administrative adjustment of the support obligation; and
(3) the style and cause number of the case in which the support order was rendered.
(e) Notwithstanding Subsection (a), the Title IV-D agency may seek modification of the support order under Subchapter E, Chapter 156, in lieu of administratively adjusting the support obligation under this section.
(f) The administrative adjustment of a support obligation under this section may not take effect before the 30th day after the date a copy of the notice is filed with the court of continuing, exclusive jurisdiction under Subsection (c)(2).
(g) The administrative adjustment of a support obligation under this section does not affect a support obligation due before the effective date of the administrative adjustment.
(h) The Title IV-D agency may adopt rules to implement this section.