Texas § FA.231.1015 - ADMINISTRATIVE ADJUSTMENT OF SUPPORT OBLIGATIONS DURING OBLIGOR'S INCARCERATION

§ FA.231.1015. ADMINISTRATIVE ADJUSTMENT OF SUPPORT OBLIGATIONS DURING OBLIGOR'S INCARCERATION

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 may 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 Section 71.004 , committed against the obligee or a child covered by the child support order. (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: (1) state: (A) the amount of the obligor's adjusted support obligation during incarceration; (B) the effective date of the administrative adjustment of the support obligation; and (C) the style and cause number of the case in which the support order was rendered; (2) be in the form prescribed by the Title IV-D agency; and (3) be sent to the party's last known residence address, mailing address, or e-mail address provided to the Title IV-D agency, except that if no updated addresses have been provided to the Title IV-D agency, the notice may be sent to the party's residence address, mailing address, or e-mail address listed in the most recent order on file with the clerk of the court. (d-1) A court shall consider due process requirements for notice and service of process to be met with regard to a party affected by an administrative adjustment of a support obligation under this section if notice is provided to the party in compliance with Subsection (d)(3). (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. Added by Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870 ), Sec. 12, eff. September 1, 2023. Amended by: Acts 2025, 89th Leg., R.S., Ch. 61 (S.B. 1403 ), Sec. 4, eff. September 1, 2025.