Child Support Services

Child Support
Criminal Nonsupport Handbook


Search, Seizure, and Discovery
Information the OAG Provides to Prosecutors
Confidential Case Information
Search, Seizure, and Discovery by the Prosecutor

Information the OAG Provides to Prosecutors
Field investigators provide the following documentation when submitting criminal nonsupport cases for prosecution:

The field investigator will also present a report that summarizes the entire civil case along with a summary of service attempts and evasions by the obligor, as well as an explanation of why criminal charges against the obligor are necessary.

The OAG will monitor these cases and provide updated locate and employment information on the obligor as changes occur.

Confidential Case Information
The information contained in all child support records, the physical case file and/or computer systems, is confidential and prosecutors must safeguard it. This includes information concerning any custodial parent, non custodial parent, child, or alleged or presumed father. 42 U.S.C. § 654(26); TEXAS FAMILY CODE § 231.108(a).

Access to the information contained in a case file or on a computer system is restricted to designated users and authorized personnel, thought they do not necessarily share the same degree of access to the information.

Case Information that May Be Released
If the OAG submits a case to a prosecutor for possible criminal action, the following information may be released:

Information that Cannot Be Released
Financial information received from the Texas Workforce Commission may not be released.

Federal law mandates that all IV-D agencies comply with safeguarding procedures established by the IRS to protect tax information (other than payment history) received from the IRS and Social Security Administration (SSA). [26 U.S.C. § 6103] Federal tax information may be sent to the IV-D agency by the Department of the Treasury, IRS, SSA, or the federal Office of Child Support Enforcement.

Any agency that receives information from the IV-D agency must also safeguard this information.

Search, Seizure, and Discovery by the Prosecutor

The OAG has administrative subpoena power and by law is authorized to seek discovery from any entity for the purpose of child support. [TFC § 231.303] The OAG also has access to databases from many sources. If there is any information a prosecutor may need, the OAG will likely be able to obtain it quickly and easily. Please discuss your needs with the AAG and field investigator working with you on a case.


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