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:

  • Full biographical information on the custodial parent, obligor, and children
  • Copy of birth certificate or evidence of paternity
  • Copy of current arrears calculations and registry payment records
  • Copies of divorce decrees, existing court orders, and wage assignments
  • Statement from the custodial parent regarding the case, including the following:

    • Date and place of marriage, and divorce, if any
    • Affidavit of residency
    • How child support was ordered
    • How support was to be paid
    • Provisions for medical coverage
    • Previous orders and monetary judgments
    • Any modifications of orders
    • Names, dates of birth, and social security numbers of the children
    • Full-time residency of the children
    • Children's school history and anticipated graduation dates
    • Emancipation history of children for whom support is owed
    • Explanation of disabilities or special needs of the children
    • Affidavit of the amount the custodial parent believes is owed
    • Affidavit of non-receipt (or receipt) of direct payments

  • Most current locate and employment history of the obligor
  • Criminal history checks of both the custodial parent and the obligor
  • Credit report on the obligor
  • Asset information on the obligor
  • Motor vehicle information on the obligor
  • Explanation of possible concealment of assets, or excessive lifestyle
  • Obligor's driver's license and driving history

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:

  • The case status of pending or possible legal action
  • Copies of legal documents that have been filed with the court and are maintained in the OAG's files, unless the documents have been sealed by the court or there is an order prohibiting their release
  • Copies of correspondence or documents previously provided to the OAG by either party
  • Copies of correspondence or documents previously provided by the OAG to either party
  • Financial information regarding child support payments and arrearage balances
  • Copies of the State Registry
  • Amounts of arrears submitted to consumer reporting agencies
  • [TFC § 231.108(f); Texas Administrative Code § 55.501(a)]

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.


Continue to PRETRIAL DISPOSITION
Return to Table of Contents
Revised: May 06 2010