Texas FAQ's

What Happens Next?

The memorandum of agreement has been signed between the financial institution and the State and the data match process is set-up. What happens next?


The Texas Office of the Attorney General has a special child support office that is dedicated to working the FIDM program . Each report of account holders that has matched against the delinquent child support obligor file is reviewed to determine whether placing a lien on the account is appropriate for the case. If so, a Child Support Officer (CSO) personally gets in touch with the financial institution's contact on the first occasion that a lien and/or levy notice is sent to the institution to discuss the process. While personal contact may not be made when subsequent liens are sent, Texas Office of the Attorney General staff continue close liaison with the contact to assist with questions arising from lien actions and coordination as required.


Once a decision is made to pursue an account, the lien and levy process basically follows this time frame (all days are calendar days):

  • Lien Day 1: lien notice is sent to the financial institution
  • Lien Day 5: lien notice is sent to the obligor
  • After receiving the lien notice, the obligor has the opportunity to contact the Texas Office of the Attorney General. If a settlement is made, the Texas Office of the Attorney General notifies the financial institution of the terms of the settlement and what funds are to be remitted and/or released. If the obligor does not contact the Texas Office of the Attorney General or a satisfactory settlement can not be made, the Texas Office of the Attorney General begins the levy process. It is anticipated that the time between the lien notice and either a settlement or levy notice normally will be 10 to 20 days.
  • Levy Day 1: levy notice is sent to the financial institution and the obligor
  • Levy Day 15: last day for the obligor to challenge the levy
  • Levy Days 15-21: financial institution withdraws the funds from the account and sends the check to the Texas Office of the Attorney General

If a lien is to be placed on an account, the financial institution can normally expect to receive notification of the lien from the Texas Office of the Attorney General within five to fifteen days from the date that the institution's data match occurred. The lien remains in effect until all current support and child support arrears, including interest, any costs and reasonable attorney's fees, have been paid or the lien is otherwise released.

What priority does the child support lien have over other liens placed on the same account?
Texas Family Code § 157.319 (c) places the child support lien below that of liens from a health care provider, attorney fees, liens of a holder of a security of interest , and an assignment of rights or a claim under the Medicaid program. Other than these statutory exceptions, the child support lien has priority over other liens.
What liabilty does a financial institution have if it releases funds from an account that has had a child support lien placed on it?
Texas Family Code § 157.324 and § 157.330 provide that if the financial institution releases funds from an account that has a child support lien placed on it, or if the institution fails to remit funds per a notice of levy or foreclosure order, the institution can be held liable in an amount equal to the arrears for which the lien, levy, or foreclosure judgment was issued.
Are mortgage escrow and similar accounts held by a financial instutution subject to levy?
Texas Family Code § 157.311 and § 157.327 may provide for a levy on these accounts, but the Texas Office of the Attorney General is not pursuing these accounts at this time. The information on these accounts , however, is useful because the Texas Office of the Attorney General can place a lien on the property.
Since some business accounts are subject to this data match process, will the liens and levies issued only apply to sole proprietorships and partnerships, or will corporate accounts be subject to this process as well?
The definition of "account" in Texas Family Code § 157.311 mentions one in which an individual has a beneficial ownership either entirely or on a shared or multiple party basis. The Texas Office of the Attorney General currently does not contemplate using the lien and levy process on corporate accounts, but it could.
What changes or impact do the FIDM requirements have on existing UCC laws?
None.
Does a financial institution have the right to setoff debts/fees owed to the institution prior to honoring a levy? For Example, if the delinquent parent has NSF check fees, delinquent loans, etc., can the institution withhold those fees and payments?

If the institution holds a security interest on the account, that will have a higher priority on the account than the child support lien.Current law does not specifically address other situations. As a matter of policy, the Texas Office of the Attorney General does not oppose an institution's recovering costs or fees where the recovery is specifically provided for in the depository contract.


Regarding individual retirement and similar accounts, the financial institution should withhold any early withdrawal penalties before sending any funds to the Texas Office of the Attorney General. Note that the Internal Revenue Service will send a notice to the account holder that federal taxes are due on the account.

Who can the financial institution contact for more information?

For issues relating to the agreement and the data match process between the institution and the Texas Office of the Attorney General, and for any issues regarding Informatix, Inc:

  • Ricardo Loera, Texas Office of the Attorney General, (512-460-6395)

For technical issues relating to the data match process:

  • Informatix, service provider for the Texas Office of the Attorney General, (1-877-965-3436)

For issues relating to the lien and levy process:

  • Mary Iverson, Manager, Texas Office of the Attorney General Special Collections Unit, (866-445-4556)