Item Coversheet

County of El Paso
Agenda Item Details


 

Item Title:Domestic Relations Office - Friend of the Court Services
Submitted By:Brian Stanley, Executive Director, Domestic Relations Office (915) 843-8292
Subject:Discuss and take appropriate action to authorize the Domestic Relations Office to provide modification services to its current enforcement actions which would allow the office to file an action to clarify or modify an existing court order relating to child support, custody, or access to a child, pursuant to the Texas Family Code Section 203.004 and Section 202.002.  
Background:

The El Paso County DRO provides services to families with orders in the El Paso County Family District Courts and Family County Court 5. All of our services are offered to the public with a focus on the best interest of the child.

 

The Texas Family Code assigns powers and duties for a Domestic Relations Office (DRO). While the El Paso County DRO provides many of the services authorized under the Family Code there are a few additional services that are authorized in the Family Code, not currently provided that would benefit the residents of El Paso County. One such service the DRO may provide under the family code is that the DRO may serve as a friend of the court.  The other is to modify or clarify an existing child support obligation.

 

While the El Paso County DRO has served as a friend of the court since 2000 for our family courts, our office has not provided any services authorized as a friend of the court that would allow our office to file an action to clarify or modify a court order relating to child support or possession of or access to a child. Our office receives requests to complete these services for many reasons including that the parties are unable to comply with their existing order, they are unable to afford a private attorney to address these issues, and the Office of the Attorney General is prohibited from handling issues modifying or clarifying access and possession orders.

 

The Office of the Attorney General currently has over 28,000 child support cases in El Paso County where a parent either receives Medicaid and/or Public Assistance for the children. The DRO should take on these additional services not only to provide the service to the public who cannot afford a private attorney, but also because we currently have attorneys and social workers on staff with the DRO that can readily take on the new responsibilities without the need for additional staff.

 

The DRO currently offers enforcement of child support and possession of or access to a child with no application fee, but we are able to receive funding for fees connected with the work performed. The additional services of clarifying or modifying child support or access or possession falls under the umbrella of enforcement actions services and will not be charged an application fee, but may result in increased revenue for fees connected to work performed.

Fiscal Impact:None
Recommendation:Discuss and take appropriate action to authorize the Domestic Relations Office to provide modification services to its current enforcement actions which would allow the office to file an action to clarify or modify an existing court order relating to child support, custody, or access to a child, pursuant to the Texas Family Code Section 203.004 and Section 202.002.  
Prior Action:N/A
Strategic Plan:..
Strategic Plan Information:

ATTACHMENTS:
DescriptionUpload Date
DRO - Friend of the Court Services8/14/2019