Texas § FA.231.007 - DEBTS TO STATE

§ FA.231.007. DEBTS TO STATE

DEBTS TO STATE. (a) A person obligated to pay child support in a case in which the Title IV-D agency is providing services under this chapter who does not pay the required support is indebted to the state for the purposes of Section 403.055 , Government Code, if the Title IV-D agency has reported the person to the comptroller under that section properly. (b) The amount of a person's indebtedness to the state under Subsection (a) is equal to the sum of: (1) the amount of the required child support that has not been paid; and (2) any interest, fees, court costs, or other amounts owed by the person because the person has not paid the support. (c) The Title IV-D agency is the sole assignee of all payments, including payments of compensation, by the state to a person indebted to the state under Subsection (a). (d) On request of the Title IV-D agency: (1) the comptroller shall make payable and deliver to the agency any payments for which the agency is the assignee under Subsection (c), if the comptroller is responsible for issuing warrants or initiating electronic funds transfers to make those payments; and (2) a state agency shall make payable and deliver to the Title IV-D agency any payments for which the Title IV-D agency is the assignee under Subsection (c) if the comptroller is not responsible for issuing warrants or initiating electronic funds transfers to make those payments. (e) A person indebted to the state under Subsection (a) may eliminate the debt by: (1) paying the entire amount of the debt; or (2) resolving the debt in a manner acceptable to the Title IV-D agency. (f) The comptroller or a state agency may rely on a representation by the Title IV-D agency that: (1) a person is indebted to the state under Subsection (a); or (2) a person who was indebted to the state under Subsection (a) has eliminated the debt. (g) Except as provided by Subsection (h), the payment of workers' compensation benefits to a person indebted to the state under Subsection (a) is the same for the purposes of this section as any other payment made to the person by the state. Notwithstanding Section 408.203 , Labor Code, an order or writ to withhold income from workers' compensation benefits is not required before the benefits are withheld or assigned under this section. (h) The amount of weekly workers' compensation benefits that may be withheld or assigned under this section may not exceed 50 percent of the person's weekly compensation benefits. The comptroller or a state agency may rely on a representation by the Title IV-D agency that a withholding or assignment under this section would not violate this subsection. (i) Section 403.055 (d), Government Code, does not authorize the comptroller to issue a warrant or initiate an electronic funds transfer to pay the compensation or remuneration of an individual who is indebted to the state under Subsection (a). (j) Section 2107.008 (h), Government Code, does not authorize a state agency to pay the compensation or remuneration of an individual who is indebted to the state under Subsection (a). (k) In this section, "compensation," "state agency," and "state officer or employee" have the meanings assigned by Section 403.055 , Government Code. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 83, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 7.19, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1467, Sec. 1.07, eff. Jan. 1, 2000; Acts 2001, 77th Leg., ch. 1158, Sec. 6, eff. June 15, 2001; Acts 2003, 78th Leg., ch. 610, Sec. 13, eff. Sept. 1, 2003.