The court order does not change until the judge changes it. The Attorney General’s Office (OAG) may file a Motion to Redirect Child Support if a custodial parent (CP):
• Voluntarily relinquishes the primary care and possession of the child for at least six months
• Is incarcerated or has been sentenced to be incarcerated for at least 90 days,
• Relinquishes the primary care and possession of the child to:
o the Texas Juvenile Justice Department;
o to foster care; or
o in a proceeding under the Juvenile Justice Code.
The order to redirect does not give the person with possession of the child all of the rights and powers of a sole managing conservator. Instead, the CP retains all of the rights and powers concerning the health, education, and welfare of the child, including the right to determine the primary residence of the child, but the CP does not have the right to receive payments or disburse money for the benefit of the child.
A redirection of support based upon a CP’s incarceration must be requested so the CP can receive current child support again. The CP may file an affidavit with the court, stating each of the following:
• the CP has been released from incarceration
• no modification of the conservatorship of the child occurred during the incarceration
• the CP now has physical possession of the child [TFC §156.409(a-3)]
Note: In cases where court ordered child support was changed in some other way, such as through a change of status or a modification of conservatorship, the former CP may not receive current support until the order is modified to name the CP as the oblige.