CHILD SUPPORT PAYMENTS FOR BENEFIT OF PATIENT

(a) Child support payments for the benefit of a patient paid or owed by a parent under court order are considered the property and estate of the patient, and the state may be reimbursed for the costs of a patient's support, maintenance, and treatment from those amounts. (b) The state shall credit the amount of child support a parent actually pays for a patient against charges for which the parent is liable, based on ability to pay. (c) A parent who receives child support payments for a patient is liable for the charges based on the amount of child support payments actually received in addition to the liability of that parent based on ability to pay. (d) The department may file a motion to modify a court order that establishes a child support obligation for a patient to require payment of the child support directly to the state hospital or facility in which the patient resides for the patient's support, maintenance, and treatment if: (1) the patient's parent fails to pay child support as required by the order; or (2) the patient's parent who receives child support fails to pay charges based on the amount of child support payments received. (e) In addition to modification of an order under Subsection (d), the court may order all past due child support for the benefit of a patient paid directly to the patient's state hospital or facility to the extent that the state is entitled to reimbursement of the patient's charges from the child support obligation.