| Yes; however, they must first request permission from the Department and strictly comply with Family Code §17404(f)(2).
1. At least 30 days prior to filing an independent enforcement action, the parent shall provide the Department with written notice of the parent’s intent to file an enforcement action that includes the type of action.
2. The Department within 30 days of receiving the notice shall either provide written consent for the parent to proceed or notify the parent that the Department objects to the filing of the action.
3. The Department may only object if it is currently using an administrative or judicial method to enforce the support obligation or if the proposed independent enforcement action would interfere with an investigation being conducted by the Department.
(a) an administrative or judicial method of enforcement includes any wage garnishments, liens, levies, tax intercepts, credit reporting, license suspensions, or any other tool used by the department for enforcing child support.
4. If the Department fails to respond within 30 days, the Department shall be deemed to have given consent.
5. Any independent enforcement actions regarding support issues, initiated by a parent must be heard by a IV-D child support commissioner. F.C. §4251.
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