The end goal for the Texas family law court system is to provide the child with an agreement that keeps both parents actively involved in their child’s life while also encouraging the parents to work together and provide stability for the child. Should the couple share children, they often have to go through the emotional and frustrating process of deciding Texas child custody. Therefore, there is no penalty for noncooperation. Once the good cause claim has been established, re-evaluate the claim at each redetermination. 711 0 obj <>/Filter/FlateDecode/ID[<29ACAFA58760584D811077DBDDBC6465><9BACFEB4A669E142B9440B44B75D0282>]/Index[698 26]/Info 697 0 R/Length 72/Prev 414004/Root 699 0 R/Size 724/Type/XRef/W[1 2 1]>>stream If the prorated share exceeds the TANF grant, minus the disregard, TIERS will deny the EDG. There is no penalty for noncooperation. an individual fails to cooperate with child support requirements without good cause (see. h�b```�X�5B ���� Staff must explain that a person does not have to cooperate with child support or medical support requirements if they can prove that cooperation is not in the child's best interest. The advisor determines noncooperation when: There is no penalty for noncooperation for Medical Programs. In most cases, the only way this agreement can be modified is if both parents agree to the changes or a significant change in circumstances has occurred that warrants a change to the agreement. Individuals should be given sufficient copies of Form H1710, Payment Identification, and OAG self-addressed envelopes, if payments are being made or might be made. The family violence specialist must complete. If the amount does not exceed the TANF grant, TIERS will allow the TANF EDG to continue. H���Ko�@����T�Vb��zW�"C����ඇ( When the individual receives a child support payment from an absent parent following certification, the individual must: If child support is intended for a child on TANF and one on Supplemental Security Income (SSI), the individual must remit the payment to the OAG for proration and distribution to occur. This is completely free and there is no obligation. Some examples include: In these situations, the parent or parents named conservator have the right and responsibility to make important decisions about their child’s upbringing, such as decisions about medical needs, education, religious upbringing, and extracurricular activities. the amount the OAG received during a given month, or, Complete Part II Assessment Referral of Form H1713 if the person wants to claim good cause for family violence. If the individual turns in child support payments to the local office, advisors must: Advisors must send Form H1701, Child Support, TANF Foster Care and TANF/Medicaid Case Information Exchange, including the amounts and months involved, to the OAG if the advisor becomes aware that the individual did not remit a child support payment. However, in cases when the parents do not agree on the proposed changes, the parent requesting the changes is burdened with proving why the modification needs to be made for a valid reason. endstream endobj startxref Failure to provide complete and accurate information may affect the successful enforcement of child support. TIERS denies the noncooperating adult's TP 08 EDG. Advisors should follow policy in A-1140, Noncooperation with Child Support Program Requirements, to sanction the individual for noncooperation. The court has a number of options to choose from when making a child custody in Texas decision, and this choice is based on the specific circumstances surrounding the case. endstream endobj 699 0 obj <>/Metadata 43 0 R/Pages 696 0 R/StructTreeRoot 68 0 R/Type/Catalog>> endobj 700 0 obj <>/MediaBox[0 0 612 792]/Parent 696 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 701 0 obj <>stream Advisors must send referrals to the OAG on legal and biological parent(s): Advisors must review Form H0050, Parent Profile Questionnaire, with the individual to ensure no items are blank, that the individual provided complete and current information, and entered the information in the Absent Parent logical unit of work (LUW). ]o*����v�\��֮K"�Y5��86^#�A���ũ�9:Ow���_O��f�fw�|��̽��OЌѯ�ݦ�~��:�裳�4[C&tbuV�����㲿 The individual must provide the following information about the absent parent: The advisor must address each item on Form H0050 and help the individual obtain information about the absent parent(s). The OAG attempts to establish and enforce child support and medical support for children on Temporary Assistance for Needy Families (TANF) and certain medical programs. After the family violence specialist makes the good cause recommendation, the family violence specialist completes Form H1706 and can either email, mail, fax or return the form to the person to provide HHSC to use as verification. (b) The duty of a parent to support his or her child exists while the child is an unemancipated minor and continues as long as the child is fully enrolled in a secondary school in a program leading toward a high school diploma and complies with attendance requirements described by Section 154.002(a)(2). sends the $75 disregard to the individual; reimburses the state for TANF paid to the individual; and. write on the check or money order "Deposit Only - State Treasury" and, include Form H1710 with the check or money order; and. Most noncustodial parents, like . that the individual cooperated with the child support requirements; every aspect of the good cause investigation, the determination, the basis for the determination, and the evidence provided; determination made at each re-evaluation of good cause, which must occur at each periodic review; and. the absent parent's Social Security number, the absent parent's current or last known address, or. send it to the Texas Child Support Disbursement Unit, P.O. sends HHSC the monthly interface file of child support collections for TANF recipients. This is true for the ending of any relationship whether the couple is dating, in a serious relationship, engaged, or married. Parents and caretaker relatives receiving TP 08 must cooperate in establishing medical support. If the person wants to claim good cause for not complying with TANF or Medicaid child support and medical support requirements due to family violence: Remind the person that HHSC requires a completed Form H0050 if the family violence specialist does not recommend good cause or the person decides not to pursue good cause. Advisors must document the name and last known address of the legal and/or biological father of an unborn child if the mother receives TANF. MAINTENANCE & CUSTODIAL SERVICES HANDBOOK Revised 8/2020 Page 2 of 15 These Directives are for Maintenance & Custodial Services employees that include the following Departments: Grounds, HVAC, Custodial, Electrical, Plumbing, Playground & Pest Control, and Carpentry. The household consists of a caretaker and one child who receives TANF and one child who receives SSI. This research guide is intended to help you locate accurate legal information about child custody, support, and visitation in Texas. an EDG already sanctioned for a child support noncooperation on a different absent parent. Texas Health and Human Services Commission (HHSC) Fiscal Management Services (E-411) researches and certifies the amounts and date on Form 1745, Report of Total Public Assistance Payments, for the OAG. When dealing with a Texas child custody case or visitation order, Texas judges are legally bound by the guidance of the best interests of the child standard – this means that the judge must strive to make a custody determination best serving the child’s mental, physical, and emotional needs. After explaining Form H1712 to the person, staff: Once the family violence specialist makes a determination of good cause, the advisor sends Form H1713 to the local child support office and HHSC Family Violence Program (FVP) staff to report the final decision. Signing the application gives the OAG permission to receive and process any child or medical support payments made payable to the child. Should the parents be cooperating, even if they do not agree, the court is more likely to work with them to set a schedule that works for everyone. If the individual volunteers to receive services provided by the OAG, staff must collect absent parent information as noted above and refer the child's Eligibility Determination Group (EDG) to the OAG. Medical support requirements do not apply to children's medical programs. if paternity cannot be established using policy in, if the family volunteers to receive services provided by the OAG for Children's Medicaid programs; or. The purpose of good cause is to allow people to access benefits safely. Our team of skilled attorneys and professionals have helped thousands of customers secure their rights and we can do the same for you. The advisor must deny a noncooperating adult's TP 08 EDG. Failure to do so results in a full-family sanction. See A-1142, Noncooperation Situations. Note: The advisor must determine whether the individual has good cause for not cooperating with child support requirements using policy in A-1130, Explanation of Good Cause. In Texas child custody agreements where there is a primary custodial parent and a noncustodial parent with visitation, the issue of relocation can be a difficult one. The month after the OAG receives a child support payment, the OAG will send the individual up to $75 (disregard payment). an active EDG and the child receives SSI. Note: If the household fails to cooperate by the last calendar day of the second month, the household will be subject to pay for performance requirements when they reapply for TANF. 698 0 obj <> endobj The OAG staff complete Form 1740, Request for Public Assistance Payment Certification, when the amount of public assistance is in question or when it is needed in court to establish child support. If the individual indicates they will continue to keep child support received from the absent parent, the advisor should follow policy in B-700, Claims, and process a claim for the month(s) of unreported income. Our goal at FamilyLawRights.net is to get you started in the right direction by providing information and qualified advice from our affiliated attorneys. An example of this is if parents cannot agree who will have the child on a specific holiday and the judge helps them make a fair decision. Note: The absent parent information may be obtained verbally and entered onto the Absent Parent page. Remitting Cash Medical Support Payments to the Third-Party Resources (TPR) Unit, A-861.5 Staff must notify the OAG of the person's good cause claim. For face-to-face interviews at a local HHSC eligibility office, provide the person a confidential phone interview with the family violence specialist from the local eligibility determination office. Noncooperation with Child Support Program Requirements, A-1140, Good Cause for Child Support Noncooperation, A-2122.3. Texans can dial 2-1-1 (option 6) for information on COVID-19 and local resources on health care, utilities, food, housing and more. provide information to the OAG and HHSC on all possible biological and/or legal parent(s); help the OAG establish paternity, if necessary; go to the OAG office or to court to sign papers or provide necessary information; and.