Under some circumstances, DFPS can waive arrears owed to the state.

If the caseworker believes that it is in the child’s best interest to waive any state-owed arrears for child support, the caseworker must:

  •   obtain the payment history for the case, in accordance with 5342.12 Requesting Information on a Parent’s Payment of Child Support in Conservatorship Cases; and

  •   consult with the caseworker’s supervisor and the attorney representing DFPS to determine if waiving arrears is appropriate.

If a child is in Title IV-E-funded foster care, DFPS cannot waive the portion of the child support that corresponds to the federally funded portion of the child’s foster care payments.

Arrears That Are Waived

If the state-paid arrears are waived, the caseworker must inform the Office of the Attorney General (OAG) about the decision.

Arrears That Are Not Waived

If the arrears are not waived, the caseworker must ask the court to issue an order that includes a payment schedule that the parent must follow, so that the child support obligation is paid.

Texas Family Code §154.001External Link