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This module is meant to supplement "Client Intake: Generally" by providing specific requirements relating to the intake and screening of potential new clients involved in child support enforcement cases.

Pnc intake - child support enforcement

Information gathering – child support enforcement

The unique nature of child support enforcement cases requires that a PNC provide enough information for the attorney to determine with reasonable certainty (a) the extent of any violations of the child support order, and (b) the viability of any defenses to the arrearages and contempt For a partial list of defenses to the enforcement of a child support order, see section 157.008 of the Texas Family Code. .

Additional information

The PNC may or may not have access to this information at the time he or she contacts your office. If the PNC has the information, then record it on the intake form. If the PNC does not have the information, then emphasize to the PNC that it is very important that he or she bring that information to the initial consultation.

  1. CIN    and PIN     . The Texas Attorney General Child Support Division maintains a website that enables an obligee , obligor, or attorney to login and obtain detailed, court-admissible child support payment records. To use this web site, the attorney either needs to send a letter of representation to the OAG    or have one of the parents' CIN/PIN combination. Because there can be considerable delay to the OAG processing a letter of representation, it is easier to use the client's PNC's CIN/PIN combination.
  2. Expected Amount of Arrearage. It's a good idea to find out how much the PNC thinks is owed in unpaid child support. The attorney will calculate the exact amount owed, but it is helpful to be able to compare the attorney's computed figure to the PNC's expectations.
  3. Type of Support. Court orders can contain many payment provisions that are to be treated as child support. Some of those payment provisions require that the payments be made through the CSDU    . Payments made through the CSDU are usually limited to periodic payments of a fixed amount such as regular child support and reimbursement for medical insurance premiums. Other child support payments for which the amount would vary and for which the periodicity of the payment is irregular, such as reimbursement for the reasonable and necessary medical expenses that are incurred or paid on behalf of the child or payment for extracurricular activities, are not paid through the CSDU and therefore a court-admissible payment record will not be readily available. Dealing with arrearages on support payments that should be paid through the CSDU is simpler than dealing with arrearages on child support payments that are paid directly to the obligee and therefore the fees quoted by the attorney will be different.
  4. Whether there have been any direct payments. Some obligors do not pay their child support through the CSDU, even if it is a type of payment that should be paid through the CSDU and even if they have been ordered to do so. The attorney will need to know whether the direct payment of child support from the obligor to the obligee is an issue. Proving a payment history, particularly in defending against a child support enforcement suit, requires more effort and expenses.

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Source:  OpenStax, Handling texas child support enforcement cases. OpenStax CNX. Jul 20, 2015 Download for free at http://legacy.cnx.org/content/col11847/1.2
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