When DFPS is being dismissed from a conservatorship case for which child support was ordered, it is important that the dismissal order specify how to handle the child support after DFPS is dismissed.

If the court dismisses the case without addressing the child support, the parent is not obligated to pay:

  •   any past due child support to DFPS; or

  •   any future child support payments to the person who will have permanent managing conservatorship of the child.

To avoid this situation, the caseworker must:

  •   contact the child’s foster care eligibility specialist, before the case is dismissed, to request an accounting from the Office of the Attorney General (OAG) about any past child support payments (arrears) or interest owed to DFPS. See 5342.12 Requesting Information on a Parent’s Payment of Child Support in Conservatorship Cases;

  •   if arrears are owed, request either that the dismissal order state that the parents make payments to DFPS until the arrears are paid in full, or that the arrears be waived. See 5343.12 Waiving Child Support Owed to DFPS. Once the caseworker obtains the dismissal order, he or she must send a copy of the order to the eligibility specialist;

  •   regardless of whether the person who takes permanent managing conservatorship of the child is a relative or not, ensure that the court order states that any future child support payments be made to that person and states the amount to be paid.

The caseworker must inform the new caregiver that DFPS does not assist with any enforcement action and that to enforce future child support payments the caregiver must contact the OAG’s Child Support Division. The OAG provides child support services for former DFPS clients. The services include establishing, enforcing, and modifying child support orders. See 5344.4 Helping a Caregiver Obtain Child Support After DFPS Conservatorship Is Dismissed.