November 24, 2009, 15:27
shollisFamily Protection Fee
This is $30 of the filing fees the clerk collects when someone files for divorce. Under Govt Code Sec. 51.961, the county keeps half to fund local FV service providers & half is sent to the Comptroller to be put in a trust fund account in the general revenue fund. Family & Protective Services controls the trust fund (Human Resources Code Sec. 40.105).
Recently, my county auditor notified me that the Comptroller had returned our 1st quarter payment & said they wouldn't accept further payments. The auditor said the Comptroller questions the "constitutionality of the state's portion of the fees". No word on how Family & Protective Services feels.
I'm reluctant to call a refund a problem, but unless I can tell the auditor what to do with the money, it might be. Anyone else encounter this ... uh ... problem? Any ideas where the refunded money should go? Thanks.
November 24, 2009, 16:35
RayYou might get my email from the folks in Austin and we can discuss this off line.