Tex.
Fam. Code Section 231.1016
Review of Administrative Adjustment of Support Obligations
(a)
Not later than the 30th day after receiving notice of an administrative adjustment of a support obligation under Section 231.1015 (Administrative Adjustment of Support Obligations During Obligor’s Incarceration), a party to the support order may contest the administrative adjustment by requesting that the Title IV-D agency review the agency’s decision to grant the administrative adjustment.(b)
If a party to the support order does not request the Title IV-D agency to review the administrative adjustment within the time prescribed by Subsection (a), the Title IV-D agency shall file an administrative adjustment order with the court of continuing, exclusive jurisdiction. The order must contain a signed statement from the Title IV-D agency that neither party to the order requested an administrative review within the time required by Subsection (a) and state the amount of the obligor’s adjusted support obligation during incarceration and the effective date of the administrative adjustment. The court shall sign the order not later than the seventh day after the date the order is filed. On expiration of the seventh day after the date the order is filed, the order is considered confirmed by the court by operation of law, regardless of whether the court has signed the order.(c)
On request by a party under Subsection (a), the Title IV-D agency shall:(1)
review the administrative adjustment of the support obligation to determine whether:(A)
the exceptions under Section 231.1015 (Administrative Adjustment of Support Obligations During Obligor’s Incarceration)(b) apply; and(B)
the administrative adjustment accurately reflects the obligor’s net resources during incarceration; and(2)
provide an opportunity for review with the parties in person or by telephone, as appropriate.(d)
After conducting a review under Subsection (c), the Title IV-D agency shall:(1)
affirm the administrative adjustment of the support obligation by issuing a notice of determination to the parties regarding the agency’s decision to affirm the administrative adjustment; or(2)
withdraw the administrative adjustment of the support obligation by filing a notice with the court of continuing, exclusive jurisdiction withdrawing the administrative adjustment and issuing a notice of determination to the parties regarding the agency’s decision to withdraw the administrative adjustment.(e)
Not later than the 30th day after a party receives notice under Subsection (d)(1), the party may file a motion requesting a hearing with the court of continuing, exclusive jurisdiction to contest the Title IV-D agency’s administrative adjustment of the support obligation. The administrative adjustment remains in effect until:(1)
the agency files a notice with the court of continuing, exclusive jurisdiction withdrawing the administrative adjustment; or(2)
the court renders an order regarding the administrative adjustment.(f)
If a party to a support order does not file a motion requesting a hearing with the court of continuing, exclusive jurisdiction within the time prescribed by Subsection (e), the Title IV-D agency shall file an administrative adjustment order with the court of continuing, exclusive jurisdiction and shall attach to the order a copy of the notice of determination issued under Subsection (d)(1). The order must state the amount of the obligor’s adjusted support obligation during incarceration and the effective date of the administrative adjustment. The court shall sign the order not later than the seventh day after the date the order is filed. On expiration of the seventh day after the date the order is filed, the order is considered confirmed by the court by operation of law, regardless of whether the court has signed the order.(g)
The Title IV-D agency may adopt rules to implement this section.
Source:
Section 231.1016 — Review of Administrative Adjustment of Support Obligations, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.231.htm#231.1016 (accessed Jun. 5, 2024).
