Field Legal Operations, County Contracts, OAG Billing
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1 Field Legal Operations, County Contracts, OAG Billing Joel Rogers, Asst. Deputy Director, Field Legal Practice Karla McDougal, Contract Manager, Government Contracts
2 Purpose The purpose of this presentation is to provide information to district and county clerks regarding: Child support federal and state law Roles and responsibilities County contracts Handling child support payments Assistance and resources County access Court costs and travel reimbursement
3 Federal and State Law Federal TITLE IV Grants to States for Aid and Services to Needy Families with Children and for Child Welfare Services PART D Child Support and Establishment of Paternity State [42 USC Part D] The Office of the Attorney General is designated as the state s Title IV-D agency. [TFC ]
![Support and Establishment of Paternity State [42 USC Part D] The Office of](/docs-images/52/12588472/images/page_3.jpg "the Attorney General is designated as the state s Title IV-D agency. [TFC 231.")
4 Federal Law a) State disbursement unit (SDU) 1) In general In order for a State to meet the requirements of this section, the State agency must establish and operate a unit (which shall be known as the State disbursement unit ) for the collection and disbursement of payments under support orders (A) in all cases being enforced by the State and (B) in all cases not being enforced by the State in which the support order is initially issued on or after January 1, 1994, and in which the income is subject to withholding. [42 USC 654(b)]
5 State Law (Slide 1 of 8) The court shall order the payment of child support to the state disbursement unit as provided by Chapter 234. Consistent with federal law, the state law applies to orders issued on or after January 1, [TFC ]
6 State Law (Slide 2 of 8) a) The Title IV-D agency shall establish and operate a state case registry and state disbursement unit meeting the requirements of 42 U.S.C. Sections 654a(e) and 654b and this subchapter. b) The state case registry shall maintain records of child support orders in Title IV-D cases and in other cases in which a child support order has been established or modified in this state on or after October 1, [TFC ]
7 State Law (Slide 3 of 8) c) The state disbursement unit shall: 1) receive, maintain, and furnish records of child support payments in Title IV-D cases and other cases as authorized by law; 2) forward child support payments as authorized by law; 3) maintain records of child support payments made through the state disbursement unit; and [TFC ]
8 State Law (Slide 4 of 8) 4) make available to a local registry each day in a manner determined by the Title IV-D agency the following information: A) the cause number of the suit under which withholding is required; B) the payor s name and social security number; C) the payee s name and, if available, social security number; D) the date the disbursement unit received the payment; E) the amount of the payment; and F) the instrument identification information. [TFC ]
9 State Law (Slide 5 of 8) d) A certified child support payment record produced by the state disbursement unit is admissible as evidence of the truth of the information contained in the record and does not require further authentication or verification. [TFC ]
10 State Law (Slide 6 of 8) a) The clerk of the court shall provide the state case registry with a record of a court order for child support. The record of an order shall include information provided by the parties on a form developed by the Title IV-D agency. The form shall be completed by the petitioner and submitted to the clerk at the time the order is filed for record. [TFC ] Record of Support form is listed under TAC Forms at
11 State Law (Slide 7 of 8) Income Withholding Form d) The forms prescribed by the Title IV-D agency under this section shall be used: 1) for an order or judicial writ of income withholding under this chapter; and 2) to request voluntary withholding. Form and Instructions: Federally Mandated Income Withholding for Support (IWO) found at [TFC ]
12 State Law (Slide 8 of 8) Income Withholding Form Terminate withholding: Noncustodial parent completes the IWO Form to terminate withholding when the following are true: Child turns 18 Child graduates from high school Any arrears are paid in full
13 Registry-Only vs. Full-Service Registry-Only (non IV-D case) No application received for OAG services OAG only processes payments OAG does not enforce collections or remedies Full-Service (IV-D case) OAG application received for services, i.e., locate, establishment, enforcement Referral from Health and Human Services Commission (TANF, Medicaid recipients) Local rule case OAG processes payments OAG enforces collections and remedies
14 Roles and Responsibilities (Slide 1 of 2) District Clerks Per statute, provide case information on registry-only cases in a timely manner so payments can be sent to families. Process payments in cases in which the original order was signed prior to January 1, 1994, unless the county has a Registry Conversion contract. Respond to customer inquiries. If a contract is in place, comply with requirements.
15 Roles and Responsibilities (Slide 2 of 2) Others Private attorneys draft orders and interact with OAG attorneys on various cases. Domestic relations offices enforce, supervise, mediate and refer cases. Sheriffs and constables transport prisoners and provide service of process. District and associate judges hear cases and review, approve and sign orders. If customer applies, OAG provides establishment, enforcement, locate, collection and payment services.
16 County Contracts County Contracts
17 SCR/LCS Contracts State Case Registry/Local Customer Service (SCR/LCS) The OAG contracts with counties to promptly enter new order information and updates in TXCSES Web, thereby ensuring timeliness and accuracy of State Case Registry data for efficient processing of child support payments received and disbursed by the State Disbursement Unit (SDU).
18 Counties With SCR/LCS Contract To ensure prompt processing of child support payments, child support order information should be updated on TXCSES Web: Within five business days of the date received time stamp indicating that the order was received by the district clerk or local registry s office, or Within five business days of being notified by the SDU that a payment has been received.
19 Counties Without SCR/LCS Contract Per statute, the clerk of the court has an obligation to update the State Case Registry with case information. [TFC ] Fax or the signed child support court order and/or the Record of Support form free to the SDU as soon as possible. FAX: (877) Obtain the Record of Support form from: TXCSES Web SDU (877) OAG website: ml
![008] Fax or email the signed child support court order and/or the Record of Support form free to the SDU as soon as](/docs-images/52/12588472/images/page_19.jpg "possible. FAX: (877) 924-6872 Email: csd-sdu@texasattorneygeneral.")
20 What Is TXCSES Web? Secure web-based application to enter order information. Each individual user must have his or her own User ID and password. Staff must never share access. Counties use TXCSES Web to: Add and update registry-only case information View full-service case information View payment information View images of payments Find the TXCSES Web Reference Guide, forms, time sensitive notifications
21 TXCSES Web Access and Training Request a TXCSES Web User ID/Password: Request TXCSES Web Training: csd-trn@texasattorneygeneral.gov Need help logging in, need to terminate a User ID, have questions about the child support process, or entering or updating a case? Debbie Mullen, (512) debbie.mullen@texasattorneygeneral.gov Robert Canales, (512) robert.canales@texasattorneygeneral.gov
22 Registry Conversion Contracts A Registry Conversion agreement allows the OAG to process all child support payments (specifically, original orders signed prior to January 1, 1994) at no cost to the county.
23 Contacts for County Contracts For questions on State Case Registry, Local Customer Service, or Registry Conversion contracts, contact: Robert Canales (512) Debbie Mullen (512)
24 District Clerk s Role in Handling Child Support Payments District Clerk s Role in Handling Child Support Payments
25 Handling Child Support Payments If Child support cases have original orders signed on or after 1/1/94 Child support cases have original orders signed prior to 1/1/94 in counties with a Registry Conversion contract Child support cases have original orders signed prior to 1/1/94 in counties without a Registry Conversion contract Then Direct payments to the SDU Direct payments to the SDU County continues to process payments on pre-1994 cases
26 Handling Misapplied Payments Immediately notify the SDU at (877) when a payment is misapplied and/or erroneously disbursed. The OAG will handle the reapplication and redistribution of funds and attempt to recover the money from the party that received the money in error.
27 Summary Direct all child support payments on post-1994 cases to the SDU. Continue to process cases in which the original order was signed prior to January 1, 1994, if you do not have a Registry Conversion agreement with the OAG. If you have an SCR/LCS contract with the OAG, update TXCSES Web with order information within five business days. If your county does not have an SCR/LCS contract, fax or the signed order or Record of Support form to the SDU as soon as possible to avoid payment delays to families.
28 Resources Resources
29 Pay Records To obtain a certified copy of a pay record, county staff may contact: Problem Resolution Call Center (PRCC) (877) or Your local OAG field office
30 General Contacts General Inquiries Teresa Aguirre or Martha Robles County Liaisons (512) or County Contracts Karla McDougal Contract Manager, Government Contracts (512)
31 Information to Share Information district clerks can share with child support customers: Interact with the Child Support Division online or by phone: (800) Debit Card Call Center: (866) Free legal assistance: Access and Visitation hotline and website: (866) Texas Law Help:
32 Court Costs and Travel Reimbursement Court Costs And Travel Reimbursements
33 Court Costs and E-Filing Fees Chapters 110 and 231 of the Texas Family Code authorize and specify the filing and service fees that can be reimbursed with federal funds to district clerks, sheriffs and constables. E-filing fees Texas Family Code (7) authorizes the OAG to reimburse $2 for each envelope transmission accepted by the court clerk. Tyler Technologies currently provides us with a monthly e-filing report, which assists in invoice verification.
34 Reimbursement Requests To receive reimbursement, complete a monthly invoice (tells us who to pay) and a Filing and Service Fee Reimbursement form (itemizes each fee). (See the County Reimbursement Instructions handout.) Submit invoices by the month for the current fiscal year, plus the two previous fiscal years. If the clerk collects court cost payments from a party after the OAG has reimbursed for that cost, the clerk must report the credit on the next invoice submitted. [1 TAC ]
35 Service of Process Fees The OAG will: Reimburse service of process fees Only pay for the execution of a warrant upon arrest Pay filing fees for OAG subpoenas Pay filing fees for out-of-state service of process
36 Travel Reimbursement Sheriffs and constables may be reimbursed for out-ofcounty travel expenses incurred when transporting an individual arrested on a capias issued by the OAG. Reimbursable expenses: Mileage (current state rate) Meals for officer and prisoner (receipt required) Lodging at state rate (receipt required) [TFC (3)]
37 State Fiscal Year 2014 Reimbursement to Counties DESCRIPTION TOTAL Court Costs $ 11,240,315 Integrated Child Support System (ICSS) $ 5,945,694 Community Supervision $ 2,393,681 Local Customer Service $ 155,706 State Case Registry $ 150,915 Unit to County $ 1,200 Redirect/Data Gathering $ 150 Access and Visitation $ 258,564 TOTALS $ 20,146,225
38 Invoices Submit appropriate itemized forms for reimbursement by or by regular mail to: Office of the Attorney General Child Support Division, MC P.O. Box Austin, TX
39 Court Costs / Travel Reimbursement To request reimbursement forms, assistance or training on court costs/travel reimbursement, contact: Julie Pina (512) julie.pina@texasattorneygeneral.gov Clayton Sanders (512) clayton.sanders@texasattorneygeneral.gov
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