Texas Child Support Liens (Fam. Code § 157.317), Texas Medicaid (TMHP) & Medicare Super-Liens
Summary of the Texas Rule (Tex. Fam. Code § 157.317; Tex. Hum. Res. Code § 32.033; 42 U.S.C. § 1395y(b)(2))
Explains the mandatory statutory intercepts and government reimbursement claims that must be cleared before any Texas personal injury settlement check can be disbursed.
Statutory Text Summary & Legal Mechanics
Under Texas Family Code § 157.317(a), a child support lien filed by the Texas Office of the Attorney General (OAG) Child Support Division attaches to all personal property, including 'the proceeds of an insurance policy, such as a life insurance policy or a casualty insurance policy, or the proceeds of a lawsuit or settlement for personal injury.' However, under § 157.317(a-1), the child support lien is subordinate to the claimant's attorney's fees and costs AND to actual unpaid medical bills for the injury! Meanwhile, Tex. Hum. Res. Code § 32.033 grants Texas Health and Human Services (TMHP) a statutory subrogation right for Medicaid payments, and 42 U.S.C. § 1395y(b)(2) grants CMS a federal 'super-lien' for Medicare conditional payments.
Practical Impact on Texas Personal Injury Claims & Jury Trials
Almost every liability insurer in Texas queries the Child Support Lien Network (CSLN) and ISO ClaimSearch before issuing a bodily injury settlement check. Under Fam. Code § 157.317(a-1), ensuring the client's attorney fee agreement and itemized unpaid medical provider balances are submitted to the Texas OAG prevents the child support lien from consuming funds needed to pay treating doctors.
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