FAMILY CODE
CHAPTER 159. UNIFORM INTERSTATE FAMILY SUPPORT ACT
SUBCHAPTER A. CONFLICTS BETWEEN PROVISIONS
§ 159.001. CONFLICTS BETWEEN PROVISIONS. If a
provision of this chapter conflicts with a provision of this title
or another statute or rule of this state and the conflict cannot be
reconciled, this chapter prevails.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
SUBCHAPTER B. GENERAL PROVISIONS
§ 159.101. SHORT TITLE. This chapter may be cited as
the Uniform Interstate Family Support Act.
Added by Acts 2003, 78th Leg., ch. 1247, § 3, eff. Sept. 1, 2003.
§ 159.102. DEFINITIONS. In this chapter:
(1) "Child" means an individual, whether over or under
the age of majority, who:
(A) is or is alleged to be owed a duty of support
by the individual's parent; or
(B) is or is alleged to be the beneficiary of a
support order directed to the parent.
(2) "Child support order" means a support order for a
child, including a child who has attained the age of majority under
the law of the issuing state.
(3) "Duty of support" means an obligation imposed or
imposable by law to provide support for a child, spouse, or former
spouse, including an unsatisfied obligation to provide support.
(4) "Home state" means the state in which a child lived
with a parent or a person acting as parent for at least six
consecutive months preceding the time of filing of a petition or a
comparable pleading for support and, if a child is less than six
months old, the state in which the child lived with a parent or a
person acting as parent from the time of birth. A period of
temporary absence of any of them is counted as part of the six-month
or other period.
(5) "Income" includes earnings or other periodic
entitlements to money from any source and any other property
subject to withholding for support under the law of this state.
(6) "Income-withholding order" means an order or other
legal process directed to an obligor's employer, as provided in
Chapter 158, to withhold support from the income of the obligor.
(7) "Initiating state" means a state from which a
proceeding is forwarded or in which a proceeding is filed for
forwarding to a responding state under this chapter or a law or
procedure substantially similar to this chapter.
(8) "Initiating tribunal" means the authorized
tribunal in an initiating state.
(9) "Issuing state" means the state in which a
tribunal issues a support order or renders a judgment determining
parentage.
(10) "Issuing tribunal" means the tribunal that issues
a support order or renders a judgment determining parentage.
(11) "Law" includes decisional and statutory law and
rules and regulations having the force of law.
(12) "Obligee" means:
(A) an individual to whom a duty of support is or
is alleged to be owed or in whose favor a support order has been
issued or a judgment determining parentage has been rendered;
(B) a state or political subdivision to which the
rights under a duty of support or support order have been assigned
or that has independent claims based on financial assistance
provided to an individual obligee; or
(C) an individual seeking a judgment determining
parentage of the individual's child.
(13) "Obligor" means an individual or the estate of a
decedent:
(A) who owes or is alleged to owe a duty of
support;
(B) who is alleged but has not been adjudicated
to be a parent of a child; or
(C) who is liable under a support order.
(14) "Person" means an individual, corporation,
business trust, estate, trust, partnership, limited liability
company, association, joint venture, government, governmental
subdivision, agency, instrumentality, public corporation, or any
other legal or commercial entity.
(15) "Record" means information that is:
(A) inscribed on a tangible medium or stored in
an electronic or other medium; and
(B) retrievable in a perceivable form.
(16) "Register" means to file a support order or
judgment determining parentage in the registry of foreign support
orders.
(17) "Registering tribunal" means a tribunal in which
a support order is registered.
(18) "Responding state" means a state in which a
proceeding is filed or to which a proceeding is forwarded for filing
from an initiating state under this chapter or a law or procedure
substantially similar to this chapter.
(19) "Responding tribunal" means the authorized
tribunal in a responding state.
(20) "Spousal support order" means a support order for
a spouse or former spouse of the obligor.
(21) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States. The term includes:
(A) an Indian tribe; and
(B) a foreign country or political subdivision
that has:
(i) been declared to be a foreign
reciprocating country or political subdivision under federal law;
(ii) established a reciprocal arrangement
for child support with this state as provided by Section 159.308;
or
(iii) enacted a law or established
procedures for issuance and enforcement of support orders that are
substantially similar to the procedures under this chapter.
(22) "Support enforcement agency" means a public
official or agency authorized to seek:
(A) enforcement of support orders or laws
relating to the duty of support;
(B) establishment or modification of child
support;
(C) determination of parentage;
(D) the location of obligors or their assets; or
(E) determination of the controlling child
support order.
"Support enforcement agency" does not include a
domestic relations office unless that office has entered into a
cooperative agreement with the Title IV-D agency to perform duties
under this chapter.
(23) "Support order" means a judgment, decree, or
order, whether temporary, final, or subject to modification, for
the benefit of a child, a spouse, or a former spouse that provides
for monetary support, health care, arrearages, or reimbursement and
may include related costs and fees, interest, income withholding,
attorney's fees, and other relief.
(24) "Tribunal" means a court, administrative agency,
or quasi-judicial entity authorized to establish, enforce, or
modify support orders or to determine parentage.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 607, § 1, eff. Sept. 1,
1997. Renumbered from V.T.C.A., Family Code § 159.101 and
amended by Acts 2003, 78th Leg., ch. 1247, § 3, eff. Sept. 1,
2003.
§ 159.103. TRIBUNAL OF STATE. The court is the tribunal
of this state.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 607, § 2, eff. Sept. 1,
1997. Renumbered from V.T.C.A., Family Code § 159.102 by Acts
2003, 78th Leg., ch. 1247, § 3, eff. Sept. 1, 2003.
§ 159.104. REMEDIES CUMULATIVE. (a) Remedies provided
in this chapter are cumulative and do not affect the availability of
remedies under other law, including the recognition of a support
order of a foreign country or political subdivision on the basis of
comity.
(b) This chapter does not:
(1) provide the exclusive method of establishing or
enforcing a support order under the law of this state; or
(2) grant a tribunal of this state jurisdiction to
render a judgment or issue an order relating to child custody or
visitation in a proceeding under this chapter.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Renumbered from V.T.C.A., Family Code § 159.103 and amended by
Acts 2003, 78th Leg., ch. 1247, § 3, eff. Sept. 1, 2003.
SUBCHAPTER C. JURISDICTION
§ 159.201. BASES FOR JURISDICTION OVER
NONRESIDENT. (a) In a proceeding to establish or enforce a
support order or to determine parentage, a tribunal of this state
may exercise personal jurisdiction over a nonresident individual or
the individual's guardian or conservator if:
(1) the individual is personally served with citation
in this state;
(2) the individual submits to the jurisdiction of this
state by consent, by entering a general appearance, or by filing a
responsive document having the effect of waiving any contest to
personal jurisdiction;
(3) the individual resided with the child in this
state;
(4) the individual resided in this state and provided
prenatal expenses or support for the child;
(5) the child resides in this state as a result of the
acts or directives of the individual;
(6) the individual engaged in sexual intercourse in
this state and the child may have been conceived by that act of
intercourse;
(7) the individual asserted parentage in the paternity
registry maintained in this state by the bureau of vital
statistics; or
(8) there is any other basis consistent with the
constitutions of this state and the United States for the exercise
of personal jurisdiction.
(b) A tribunal of this state may not use the bases of
personal jurisdiction listed in Subsection (a) or in any other law
of this state to acquire personal jurisdiction to modify a child
support order of another state unless the requirements of Section
159.611 or 159.615 are satisfied.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 561, § 5, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1247, § 4, eff. Sept. 1, 2003.
§ 159.202. DURATION OF PERSONAL JURISDICTION. Personal
jurisdiction acquired by a tribunal of this state in a proceeding
under this chapter or other law of this state relating to a support
order continues as long as the tribunal has continuing, exclusive
jurisdiction to modify its order or continuing jurisdiction to
enforce its order under Sections 159.205, 159.206, and 159.211.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1247, § 5, eff. Sept. 1,
2003.
§ 159.203. INITIATING AND RESPONDING TRIBUNAL OF
STATE. Under this chapter, a tribunal of this state may serve as an
initiating tribunal to forward proceedings to another state and as
a responding tribunal for proceedings initiated in another state.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 607, § 3, eff. Sept. 1,
1997.
§ 159.204. SIMULTANEOUS PROCEEDINGS. (a) A tribunal
of this state may exercise jurisdiction to establish a support
order if the petition or comparable pleading is filed after a
pleading is filed in another state only if:
(1) the petition or comparable pleading in this state
is filed before the expiration of the time allowed in the other
state for filing a responsive pleading challenging the exercise of
jurisdiction by the other state;
(2) the contesting party timely challenges the
exercise of jurisdiction in the other state; and
(3) if relevant, this state is the home state of the
child.
(b) A tribunal of this state may not exercise jurisdiction
to establish a support order if the petition or comparable pleading
is filed before a petition or comparable pleading is filed in
another state if:
(1) the petition or comparable pleading in the other
state is filed before the expiration of the time allowed in this
state for filing a responsive pleading challenging the exercise of
jurisdiction by this state;
(2) the contesting party timely challenges the
exercise of jurisdiction in this state; and
(3) if relevant, the other state is the home state of
the child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1247, § 6, eff. Sept. 1,
2003.
§ 159.205. CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY
CHILD SUPPORT ORDER. (a) A tribunal of this state that has issued
a child support order consistent with the law of this state has and
shall exercise continuing, exclusive jurisdiction to modify its
order if the order is the controlling order and:
(1) at the time a request for modification is filed,
this state is the state of residence of the obligor, the individual
obligee, or the child for whose benefit the support order is issued;
or
(2) the parties consent in a record or in open court
that the tribunal of this state may continue to exercise
jurisdiction to modify its order.
(b) A tribunal of this state that has issued a child support
order consistent with the law of this state may not exercise
continuing, exclusive jurisdiction to modify the order if:
(1) each party who is an individual files a consent in
a record with the tribunal of this state that a tribunal of another
state that has jurisdiction over at least one of the parties who is
an individual or that is located in the state of residence of the
child may modify the order and assume continuing, exclusive
jurisdiction; or
(2) the order is not the controlling order.
(c) A tribunal of this state shall recognize the continuing,
exclusive jurisdiction of a tribunal of another state if the
tribunal of the other state has issued a child support order that
modifies a child support order of a tribunal of this state under a
law substantially similar to this chapter.
(d) A tribunal of this state that does not have continuing,
exclusive jurisdiction to modify a child support order may serve as
an initiating tribunal to request a tribunal of another state to
modify a support order issued in that state.
(e) A temporary support order issued ex parte or pending
resolution of a jurisdictional conflict does not create continuing,
exclusive jurisdiction in the issuing tribunal.
(f) Repealed by Acts 2003, 78th Leg., ch. 1247, § 46.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 607, § 4, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1247, § 7, 8, 46, eff. Sept. 1,
2003.
§ 159.206. CONTINUING JURISDICTION TO ENFORCE CHILD
SUPPORT ORDER. (a) A tribunal of this state that has issued a
child support order consistent with the law of this state may serve
as an initiating tribunal to request a tribunal of another state to
enforce:
(1) the order, if the order:
(A) is the controlling order; and
(B) has not been modified by a tribunal of
another state that assumed jurisdiction under the Uniform
Interstate Family Support Act; or
(2) a money judgment for support arrearages and
interest on the order accrued before a determination that an order
of another state is the controlling order.
(b) A tribunal of this state having continuing jurisdiction
over a support order may act as a responding tribunal to enforce the
order.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1247, § 9, eff. Sept. 1,
2003.
§ 159.207. DETERMINATION OF CONTROLLING CHILD SUPPORT
ORDER. (a) If a proceeding is brought under this chapter and only
one tribunal has issued a child support order, the order of that
tribunal controls and must be so recognized.
(b) If a proceeding is brought under this chapter and two or
more child support orders have been issued by tribunals of this
state or another state with regard to the same obligor and same
child, a tribunal of this state having personal jurisdiction over
both the obligor and individual obligee shall apply the following
rules to determine by order which order controls:
(1) if only one of the tribunals would have
continuing, exclusive jurisdiction under this chapter, the order of
that tribunal controls and must be so recognized;
(2) if more than one of the tribunals would have
continuing, exclusive jurisdiction under this chapter:
(A) an order issued by a tribunal in the current
home state of the child controls if an order is issued in the
current home state of the child; or
(B) the order most recently issued controls if an
order has not been issued in the current home state of the child;
and
(3) if none of the tribunals would have continuing,
exclusive jurisdiction under this chapter, the tribunal of this
state shall issue a child support order that controls.
(c) If two or more child support orders have been issued for
the same obligor and same child, on request of a party who is an
individual or a support enforcement agency, a tribunal of this
state having personal jurisdiction over both the obligor and the
obligee who is an individual shall determine which order controls
under Subsection (b). The request may be filed:
(1) with a registration for enforcement or
registration for modification under Subchapter G; or
(2) as a separate proceeding.
(d) A request to determine the controlling order must be
accompanied by a copy of each child support order in effect and the
applicable record of payments. The requesting party shall give
notice of the request to each party whose rights may be affected by
the determination.
(e) The tribunal that issued the controlling order under
Subsection (a), (b), or (c) has continuing jurisdiction to the
extent provided under Section 159.205 or 159.206.
(f) A tribunal of this state that determines by order which
order is the controlling order under Subsection (b)(1) or (2) or
Subsection (c) or that issues a new controlling order under
Subsection (b)(3) shall state in that order:
(1) the basis upon which the tribunal made its
determination;
(2) the amount of prospective child support, if any;
and
(3) the total amount of consolidated arrearages and
accrued interest, if any, under the orders after all payments are
credited under Section 159.209.
(g) Within 30 days after issuance of an order determining
which order is the controlling order, the party obtaining the order
shall file a certified copy of the controlling order in each
tribunal that issued or registered an earlier order of child
support. A party or support enforcement agency that obtains the
order and fails to file a certified copy of the order is subject to
appropriate sanctions by a tribunal in which the issue of failure to
file arises. The failure to file does not affect the validity or
enforceability of the controlling order.
(h) An order that has been determined to be the controlling
order, or a judgment for consolidated support arrearages and
interest issued under this section, must be recognized in a
proceeding under this chapter.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 607, § 5, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1247, § 10, 11, eff. Sept. 1,
2003.
§ 159.208. CHILD SUPPORT ORDERS FOR TWO OR MORE
OBLIGEES. In responding to registrations or petitions for
enforcement of two or more child support orders in effect at the
same time with regard to the same obligor and different individual
obligees, at least one of which was issued by a tribunal of another
state, a tribunal of this state shall enforce those orders in the
same manner as if the orders had been issued by a tribunal of this
state.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1247, § 12, eff. Sept. 1,
2003.
§ 159.209. CREDIT FOR PAYMENTS. A tribunal of this
state shall credit amounts collected for a particular period under
a support order against the amounts owed for the same period under
any other child support order for support of the same child issued
by a tribunal of this or another state.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1247, § 12, eff. Sept. 1,
2003.
§ 159.210. APPLICABILITY TO NONRESIDENT SUBJECT TO
PERSONAL JURISDICTION. (a) Except as provided by Subsection (b),
Subchapters D-H do not apply to a tribunal of this state exercising
personal jurisdiction over a nonresident in a proceeding under this
chapter or under other law of this state relating to a support order
or recognizing a support order of a foreign country or political
subdivision on the basis of comity. The tribunal shall apply the
procedural and substantive law of this state in a proceeding
described by this subsection.
(b) Notwithstanding Subsection (a), a tribunal of this
state exercising personal jurisdiction over a nonresident in a
proceeding under this chapter or under other law of this state
relating to a support order or recognizing a support order of a
foreign country or political subdivision on the basis of comity
may:
(1) receive evidence from another state as provided by
Section 159.316;
(2) communicate with a tribunal of another state as
provided by Section 159.317; and
(3) obtain discovery through a tribunal of another
state as provided by Section 159.318.
Added by Acts 2003, 78th Leg., ch. 1247, § 12, eff. Sept. 1,
2003.
§ 159.211. CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY
SPOUSAL SUPPORT ORDER. (a) A tribunal of this state issuing a
spousal support order consistent with the law of this state has
continuing, exclusive jurisdiction to modify the spousal support
order throughout the existence of the support obligation.
(b) A tribunal of this state may not modify a spousal
support order issued by a tribunal of another state having
continuing, exclusive jurisdiction over that order under the law of
that state.
(c) A tribunal of this state that has continuing, exclusive
jurisdiction over a spousal support order may serve as:
(1) an initiating tribunal to request a tribunal of
another state to enforce the spousal support order issued in this
state; or
(2) a responding tribunal to enforce or modify its own
spousal support order.
Added by Acts 2003, 78th Leg., ch. 1247, § 12, eff. Sept. 1,
2003.
SUBCHAPTER D. CIVIL PROVISIONS OF GENERAL APPLICATION
§ 159.301. PROCEEDINGS UNDER CHAPTER. (a) Except as
otherwise provided in this chapter, this subchapter applies to all
proceedings under this chapter.
(b) Repealed by Acts 2003, 78th Leg., ch. 1247, § 46.
(c) An individual or a support enforcement agency may
initiate a proceeding authorized under this chapter by filing a
petition in an initiating tribunal for forwarding to a responding
tribunal or by filing a petition or a comparable pleading directly
in a tribunal of another state that has or that can obtain personal
jurisdiction over the respondent.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 607, § 6, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1247, § 13, 46, eff. Sept. 1,
2003.
§ 159.302. PROCEEDING BY MINOR PARENT. A minor parent
or a guardian or other legal representative of a minor parent may
maintain a proceeding on behalf of or for the benefit of the minor's
child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1247, § 14, eff. Sept. 1,
2003.
§ 159.303. APPLICATION OF LAW OF STATE. Except as
otherwise provided in this chapter, a responding tribunal of this
state shall:
(1) apply the procedural and substantive law generally
applicable to similar proceedings originating in this state and may
exercise all powers and provide all remedies available in those
proceedings; and
(2) determine the duty of support and the amount
payable in accordance with the law and support guidelines of this
state.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 607, § 7, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1247, § 15, eff. Sept. 1, 2003.
§ 159.304. DUTIES OF INITIATING TRIBUNAL. (a) On the
filing of a petition authorized by this chapter, an initiating
tribunal of this state shall forward the petition and its
accompanying documents:
(1) to the responding tribunal or appropriate support
enforcement agency in the responding state; or
(2) if the identity of the responding tribunal is
unknown, to the state information agency of the responding state
with a request that they be forwarded to the appropriate tribunal
and that receipt be acknowledged.
(b) If requested by the responding tribunal, a tribunal of
this state shall issue a certificate or other document and make
findings required by the law of the responding state. If the
responding state is a foreign country or political subdivision, the
tribunal shall specify the amount of support sought, convert that
amount into the equivalent amount in the foreign currency under the
applicable official or market exchange rate as publicly reported,
and provide any other documents necessary to satisfy the
requirements of the responding state.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 607, § 8, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1247, § 15, eff. Sept. 1, 2003.
§ 159.305. DUTIES AND POWERS OF RESPONDING
TRIBUNAL. (a) When a responding tribunal of this state receives a
petition or comparable pleading from an initiating tribunal or
directly under Section 159.301(c), the responding tribunal shall
cause the petition or pleading to be filed and notify the petitioner
where and when it was filed.
(b) Except as prohibited by other law, a responding tribunal
of this state may do one or more of the following:
(1) issue or enforce a support order, modify a child
support order, determine the controlling child support order, or
determine parentage;
(2) order an obligor to comply with a support order and
specify the amount and the manner of compliance;
(3) order income withholding;
(4) determine the amount of any arrearages and specify
a method of payment;
(5) enforce orders by civil or criminal contempt, or
both;
(6) set aside property for satisfaction of the support
order;
(7) place liens and order execution on the obligor's
property;
(8) order an obligor to keep the tribunal informed of
the obligor's current residential address, telephone number,
employer, address of employment, and telephone number at the place
of employment;
(9) issue a bench warrant or capias for an obligor who
has failed after proper notice to appear at a hearing ordered by the
tribunal and enter the bench warrant or capias in any local and
state computer systems for criminal warrants;
(10) order the obligor to seek appropriate employment
by specified methods;
(11) award reasonable attorney's fees and other fees
and costs; and
(12) grant any other available remedy.
(c) A responding tribunal of this state shall include in a
support order issued under this chapter, or in the documents
accompanying the order, the calculations on which the support order
is based.
(d) A responding tribunal of this state may not condition
the payment of a support order issued under this chapter on
compliance by a party with provisions for visitation.
(e) If a responding tribunal of this state issues an order
under this chapter, the tribunal shall send a copy of the order to
the petitioner and the respondent and to the initiating tribunal,
if any.
(f) If requested to enforce a support order, arrearages, or
a judgment or to modify a support order stated in a foreign
currency, a responding tribunal of this state shall convert the
amount stated in the foreign currency to the equivalent amount in
dollars under the applicable official or market exchange rate as
publicly reported.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 607, § 9, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1247, § 16, eff. Sept. 1, 2003.
§ 159.306. INAPPROPRIATE TRIBUNAL. If a petition or
comparable pleading is received by an inappropriate tribunal of
this state, that tribunal shall forward the pleading and
accompanying documents to an appropriate tribunal in this state or
another state and notify the petitioner where and when the pleading
was sent.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 607, § 10, eff. Sept. 1,
1997.
§ 159.307. DUTIES OF SUPPORT ENFORCEMENT
AGENCY. (a) A support enforcement agency of this state, on
request, shall provide services to a petitioner in a proceeding
under this chapter.
(b) A support enforcement agency of this state that provides
services to the petitioner shall:
(1) take all steps necessary to enable an appropriate
tribunal in this state or another state to obtain jurisdiction over
the respondent;
(2) request an appropriate tribunal to set a date,
time, and place for a hearing;
(3) make a reasonable effort to obtain all relevant
information, including information as to income and property of the
parties;
(4) not later than the second day, excluding
Saturdays, Sundays, and legal holidays, after the date of receipt
of a written notice in a record from an initiating, responding, or
registering tribunal, send a copy of the notice to the petitioner;
(5) not later than the second day, excluding
Saturdays, Sundays, and legal holidays, after the date of receipt
of a written communication in a record from the respondent or the
respondent's attorney, send a copy of the communication to the
petitioner; and
(6) notify the petitioner if jurisdiction over the
respondent cannot be obtained.
(c) A support enforcement agency of this state that requests
registration of a child support order in this state for enforcement
or for modification shall make reasonable efforts to ensure that:
(1) the order to be registered is the controlling
order; or
(2) a request for a determination of which order is the
controlling order is made in a tribunal having jurisdiction to make
the determination, if two or more child support orders have been
issued and a determination of the controlling order has not been
made.
(d) A support enforcement agency of this state that requests
registration and enforcement of a support order, arrearages, or a
judgment stated in a foreign currency shall convert the amount
stated in the foreign currency to the equivalent amount in dollars
under the applicable official or market exchange rate as publicly
reported.
(e) A support enforcement agency of this state shall issue,
or request a tribunal of this state to issue, a child support order
and an income-withholding order that redirects payment of current
support, arrearages, and interest if requested to do so by a support
enforcement agency of another state under Section 159.319.
(f) This chapter does not create or negate a relationship of
attorney and client or other fiduciary relationship between a
support enforcement agency or the attorney for the agency and the
individual being assisted by the agency.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 607, § 11, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1247, § 17, eff. Sept. 1, 2003.
§ 159.308. DUTY OF CERTAIN STATE OFFICIALS. (a) If the
attorney general determines that the support enforcement agency is
neglecting or refusing to provide services to an individual, the
attorney general may order the agency to perform its duties under
this chapter or may provide those services directly to the
individual.
(b) The governor may determine that a foreign country or
political subdivision has established a reciprocal arrangement for
child support with this state and take appropriate action for
notification of the determination.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1247, § 18, eff. Sept. 1,
2003.
§ 159.309. PRIVATE COUNSEL. An individual may employ
private counsel to represent the individual in proceedings
authorized by this chapter.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 159.310. DUTIES OF STATE INFORMATION
AGENCY. (a) The Title IV-D agency is the state information agency
under this chapter.
(b) The state information agency shall:
(1) compile and maintain a current list, including
addresses, of the tribunals in this state that have jurisdiction
under this chapter and any support enforcement agencies in this
state and send a copy to the state information agency of every other
state;
(2) maintain a register of names and addresses of
tribunals and support enforcement agencies received from other
states;
(3) forward to the appropriate tribunal in the county
in this state where the obligee who is an individual or the obligor
resides, or where the obligor's property is believed to be located,
all documents concerning a proceeding under this chapter received
from an initiating tribunal or the state information agency of the
initiating state; and
(4) obtain information concerning the location of the
obligor and the obligor's property in this state not exempt from
execution, by such means as postal verification and federal or
state locator services, examination of telephone directories,
requests for the obligor's address from employers, and examination
of governmental records, including, to the extent not prohibited by
other law, those relating to real property, vital statistics, law
enforcement, taxation, motor vehicles, driver's licenses, and
social security.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1247, § 19, eff. Sept. 1,
2003.
§ 159.311. PLEADINGS AND ACCOMPANYING
DOCUMENTS. (a) In a proceeding under this chapter, a petitioner
seeking to establish a support order, to determine parentage, or to
register and modify a support order of another state must file a
petition. Unless otherwise ordered under Section 159.312, the
petition or accompanying documents must provide, so far as known,
the name, residential address, and social security numbers of the
obligor and the obligee or the parent and alleged parent and the
name, sex, residential address, social security number, and date of
birth of each child for whose benefit support is sought or whose
parentage is to be determined. Unless filed at the time of
registration, the petition must be accompanied by a copy of any
support order known to have been issued by another tribunal. The
petition may include any other information that may assist in
locating or identifying the respondent.
(b) The petition must specify the relief sought. The
petition and accompanying documents must conform substantially
with the requirements imposed by the forms mandated by federal law
for use in cases filed by a support enforcement agency.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1247, § 20, eff. Sept. 1,
2003.
§ 159.312. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL
CIRCUMSTANCES. If a party alleges in an affidavit or pleading
under oath that the health, safety, or liberty of a party or child
would be jeopardized by disclosure of specific identifying
information regarding the party or the child, the identifying
information shall be sealed and may not be disclosed to the other
party or to the public. After a hearing in which a tribunal
considers the health, safety, or liberty of the party or the child,
the tribunal may order disclosure of information if the tribunal
determines that the disclosure serves the interests of justice.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1247, § 21, eff. Sept. 1,
2003.
§ 159.313. COSTS AND FEES. (a) The petitioner may not
be required to pay a filing fee or other costs.
(b) If an obligee prevails, a responding tribunal may assess
against an obligor filing fees, reasonable attorney's fees, other
costs, and necessary travel and other reasonable expenses incurred
by the obligee and the obligee's witnesses. The tribunal may not
assess fees, costs, or expenses against the obligee or the support
enforcement agency of either the initiating state or the responding
state, except as provided by other law. Attorney's fees may be
taxed as costs and may be ordered paid directly to the attorney, who
may enforce the order in the attorney's own name. Payment of
support owed to the obligee has priority over fees, costs, and
expenses.
(c) The tribunal shall order the payment of costs and
reasonable attorney's fees if it determines that a hearing was
requested primarily for delay. In a proceeding pursuant to
Sections 159.601 through 159.608, a hearing is presumed to have
been requested primarily for delay if a registered support order is
confirmed or enforced without change.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 607, § 12, eff. Sept. 1,
1997.
§ 159.314. LIMITED IMMUNITY OF
PETITIONER. (a) Participation by a petitioner in a proceeding
under this chapter before a responding tribunal, whether in person,
by private attorney, or through services provided by the support
enforcement agency, does not confer personal jurisdiction over the
petitioner in another proceeding.
(b) A petitioner is not amenable to service of civil process
while physically present in this state to participate in a
proceeding under this chapter.
(c) The immunity granted by this section does not extend to
civil litigation based on acts unrelated to a proceeding under this
chapter committed by a party while present in this state to
participate in the proceeding.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1247, § 22, eff. Sept. 1,
2003.
§ 159.315. NONPARENTAGE AS DEFENSE. A party whose
parentage of a child has been previously determined by or under law
may not plead nonparentage as a defense to a proceeding under this
chapter.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 159.316. SPECIAL RULES OF EVIDENCE AND
PROCEDURE. (a) The physical presence of a nonresident party who
is an individual in a tribunal of this state is not required for the
establishment, enforcement, or modification of a support order or
the rendition of a judgment determining parentage.
(b) An affidavit, a document substantially complying with
federally mandated forms, or a document incorporated by reference
in an affidavit or document, that would not be under the hearsay
rule if given in person, is admissible in evidence if given under
penalty of perjury by a party or witness residing in another state.
(c) A copy of the record of child support payments certified
as a true copy of the original by the custodian of the record may be
forwarded to a responding tribunal. The copy is evidence of facts
asserted in it and is admissible to show whether payments were made.
(d) Copies of bills for testing for parentage and for
prenatal and postnatal health care of the mother and child that are
furnished to the adverse party not less than 10 days before the date
of trial are admissible in evidence to prove the amount of the
charges billed and that the charges were reasonable, necessary, and
customary.
(e) Documentary evidence transmitted from another state to
a tribunal of this state by telephone, telecopier, or another means
that does not provide an original record may not be excluded from
evidence on an objection based on the means of transmission.
(f) In a proceeding under this chapter, a tribunal of this
state shall permit a party or witness residing in another state to
be deposed or to testify by telephone, audiovisual means, or other
electronic means at a designated tribunal or other location in that
state. A tribunal of this state shall cooperate with a tribunal of
another state in designating an appropriate location for the
deposition or testimony.
(g) If a party called to testify at a civil hearing refuses
to answer on the ground that the testimony may be
self-incriminating, the trier of fact may draw an adverse inference
from the refusal.
(h) A privilege against disclosure of communications
between spouses does not apply in a proceeding under this chapter.
(i) The defense of immunity based on the relationship of
husband and wife or parent and child does not apply in a proceeding
under this chapter.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1247, § 23, eff. Sept. 1,
2003.
§ 159.317. COMMUNICATIONS BETWEEN TRIBUNALS. A
tribunal of this state may communicate with a tribunal of another
state or of a foreign country or political subdivision in a record,
by telephone, or by other means, to obtain information concerning
the laws, the legal effect of a judgment, decree, or order of that
tribunal, and the status of a proceeding in the other state, foreign
country, or political subdivision. A tribunal of this state may
furnish similar information by similar means to a tribunal of
another state or of a foreign country or political subdivision.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1247, § 24, eff. Sept. 1,
2003.
§ 159.318. ASSISTANCE WITH DISCOVERY. A tribunal of
this state may:
(1) request a tribunal of another state to assist in
obtaining discovery; and
(2) on request, compel a person over whom the tribunal
has jurisdiction to respond to a discovery order issued by a
tribunal of another state.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 159.319. RECEIPT AND DISBURSEMENT OF PAYMENTS.
(a) A support enforcement agency or tribunal of this state
shall disburse promptly any amounts received under a support order,
as directed by the order. The agency or tribunal shall furnish to a
requesting party or tribunal of another state a certified statement
by the custodian of the record of the amounts and dates of all
payments received.
(b) If the obligor, the obligee who is an individual, and
the child do not reside in this state, on request from the support
enforcement agency of this state or another state, the support
enforcement agency of this state or a tribunal of this state shall:
(1) direct that the support payment be made to the
support enforcement agency in the state in which the obligee is
receiving services; and
(2) issue and send to the obligor's employer a
conforming income-withholding order or an administrative notice of
change of payee reflecting the redirected payments.
(c) The support enforcement agency of this state on
receiving redirected payments from another state under a law
similar to Subsection (b) shall provide to a requesting party or a
tribunal of the other state a certified statement by the custodian
of the record of the amount and dates of all payments received.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1247, § 25, eff. Sept. 1,
2003.
SUBCHAPTER E. ESTABLISHMENT OF SUPPORT ORDER
§ 159.401. PETITION TO ESTABLISH SUPPORT
ORDER. (a) If a support order entitled to recognition under this
chapter has not been issued, a responding tribunal of this state may
issue a support order if:
(1) the individual seeking the order resides in
another state; or
(2) the support enforcement agency seeking the order
is located in another state.
(b) The tribunal may issue a temporary child support order
if the tribunal determines that the order is appropriate and the
individual ordered to pay is:
(1) a presumed father of the child;
(2) a man petitioning to have his paternity
adjudicated;
(3) a man identified as the father of the child through
genetic testing;
(4) an alleged father who has declined to submit to
genetic testing;
(5) a man shown by clear and convincing evidence to be
the father of the child;
(6) an acknowledged father as provided by applicable
state law;
(7) the mother of the child; or
(8) an individual who has been ordered to pay child
support in a previous proceeding and the order has not been reversed
or vacated.
(c) On finding, after notice and an opportunity to be heard,
that an obligor owes a duty of support, the tribunal shall issue a
support order directed to the obligor and may issue other orders
under Section 159.305.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1247, § 26, eff. Sept. 1,
2003.
SUBCHAPTER F. ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT
REGISTRATION
§ 159.501. EMPLOYER'S RECEIPT OF INCOME-WITHHOLDING
ORDER OF ANOTHER STATE. An income-withholding order issued in
another state may be sent by or on behalf of the obligee or by the
support enforcement agency to the person defined as the obligor's
employer under Chapter 158 without first filing a petition or
comparable pleading or registering the order with a tribunal of
this state.
Amended by Acts 1997, 75th Leg., ch. 607, § 13, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1247, § 27, eff. Sept. 1, 2003.
§ 159.502. EMPLOYER'S COMPLIANCE WITH
INCOME-WITHHOLDING ORDER OF ANOTHER STATE. (a) On receipt of an
income-withholding order, the obligor's employer shall immediately
provide a copy of the order to the obligor.
(b) The employer shall treat an income-withholding order
issued in another state that appears regular on its face as if the
order had been issued by a tribunal of this state.
(c) Except as otherwise provided in Subsection (d) and
Section 159.503, the employer shall withhold and distribute the
funds as directed in the withholding order by complying with terms
of the order that specify:
(1) the duration and amount of periodic payments of
current child support, stated as a sum certain;
(2) the person designated to receive payments and the
address to which the payments are to be forwarded;
(3) medical support, whether in the form of periodic
cash payments, stated as a sum certain, or ordering the obligor to
provide health insurance coverage for the child under a policy
available through the obligor's employment;
(4) the amount of periodic payments of fees and costs
for a support enforcement agency, the issuing tribunal, and the
obligee's attorney, stated as sums certain; and
(5) the amount of periodic payments of arrearages and
interest on arrearages, stated as sums certain.
(d) An employer shall comply with the law of the state of the
obligor's principal place of employment for withholding from income
with respect to:
(1) the employer's fee for processing an
income-withholding order;
(2) the maximum amount permitted to be withheld from
the obligor's income; and
(3) the times within which the employer must implement
the withholding order and forward the child support payment.
Amended by Acts 1997, 75th Leg., ch. 607, § 13, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1247, § 28, eff. Sept. 1, 2003.
§ 159.503. EMPLOYER'S COMPLIANCE WITH TWO OR MORE
INCOME-WITHHOLDING ORDERS. If an obligor's employer receives two
or more income-withholding orders with respect to the earnings of
the same obligor, the employer satisfies the terms of the orders if
the employer complies with the law of the state of the obligor's
principal place of employment to establish the priorities for
withholding and allocating income withheld for two or more child
support obligees.
Added by Acts 1997, 75th Leg., ch. 607, § 13, eff. Sept. 1, 1997.
Amended by Acts 2003, 78th Leg., ch. 1247, § 29, eff. Sept. 1,
2003.
§ 159.504. IMMUNITY FROM CIVIL LIABILITY. An employer
who complies with an income-withholding order issued in another
state in accordance with this subchapter is not subject to civil
liability to an individual or agency with regard to the employer's
withholding of child support from the obligor's income.
Added by Acts 1997, 75th Leg., ch. 607, § 13, eff. Sept. 1, 1997.
§ 159.505. PENALTIES FOR NONCOMPLIANCE. An employer
who wilfully fails to comply with an income-withholding order
issued by another state and received for enforcement is subject to
the same penalties that may be imposed for noncompliance with an
order issued by a tribunal of this state.
Added by Acts 1997, 75th Leg., ch. 607, § 13, eff. Sept. 1, 1997.
§ 159.506. CONTEST BY OBLIGOR. (a) An obligor may
contest the validity or enforcement of an income-withholding order
issued in another state and received directly by an employer in this
state by registering the order in a tribunal of this state and:
(1) filing a contest to that order under Subchapter G;
or
(2) contesting the order in the same manner as if the
order had been issued by a tribunal of this state.
(b) The obligor shall give notice of the contest to:
(1) a support enforcement agency providing services to
the obligee;
(2) each employer that has directly received an
income-withholding order relating to the obligor; and
(3) the person designated to receive payments in the
income-withholding order or to the obligee, if no person is
designated.
Added by Acts 1997, 75th Leg., ch. 607, § 13, eff. Sept. 1, 1997.
Amended by Acts 2003, 78th Leg., ch. 1247, § 30, eff. Sept. 1,
2003.
§ 159.507. ADMINISTRATIVE ENFORCEMENT OF
ORDERS. (a) A party or support enforcement agency seeking to
enforce a support order or an income-withholding order, or both,
issued by a tribunal of another state may send the documents
required for registering the order to a support enforcement agency
of this state.
(b) On receipt of the documents, the support enforcement
agency, without initially seeking to register the order, shall
consider and, if appropriate, use any administrative procedure
authorized by the law of this state to enforce a support order or an
income-withholding order, or both. If the obligor does not contest
administrative enforcement, the order need not be registered. If
the obligor contests the validity or administrative enforcement of
the order, the support enforcement agency shall register the order
under this chapter.
Added by Acts 1997, 75th Leg., ch. 607, § 13, eff. Sept. 1, 1997.
Amended by Acts 2003, 78th Leg., ch. 1247, § 31, eff. Sept. 1,
2003.
SUBCHAPTER G. REGISTRATION, ENFORCEMENT, AND MODIFICATION OF
SUPPORT ORDER
§ 159.601. REGISTRATION OF ORDER FOR ENFORCEMENT. A
support order or income-withholding order issued by a tribunal of
another state may be registered in this state for enforcement.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 159.602. PROCEDURE TO REGISTER ORDER FOR
ENFORCEMENT. (a) A support order or income-withholding order of
another state may be registered in this state by sending to the
appropriate tribunal in this state:
(1) a letter of transmittal to the tribunal requesting
registration and enforcement;
(2) two copies, including one certified copy, of the
order to be registered, including any modification of the order;
(3) a sworn statement by the person requesting
registration or a certified statement by the custodian of the
records showing the amount of any arrearage;
(4) the name of the obligor and, if known:
(A) the obligor's address and social security
number;
(B) the name and address of the obligor's
employer and any other source of income of the obligor; and
(C) a description of and the location of property
of the obligor in this state not exempt from execution; and
(5) except as otherwise provided by Section 159.312,
the name of the obligee and, if applicable, the person to whom
support payments are to be remitted.
(b) On receipt of a request for registration, the
registering tribunal shall cause the order to be filed as a foreign
judgment, together with one copy of the documents and information,
regardless of their form.
(c) A petition or comparable pleading seeking a remedy that
must be affirmatively sought under other law of this state may be
filed at the same time as the request for registration or later.
The pleading must specify the grounds for the remedy sought.
(d) If two or more orders are in effect, the person
requesting registration shall:
(1) provide to the tribunal a copy of each support
order and the documents specified in this section;
(2) identify the order alleged to be the controlling
order, if any; and
(3) state the amount of consolidated arrearages, if
any.
(e) A request for a determination of which order is the
controlling order may be filed separately from or with a request for
registration and enforcement or for registration and modification.
The person requesting registration shall give notice of the request
to each party whose rights may be affected by the determination.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2001, 77th Leg., ch. 296, § 3, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 1247, § 33, eff. Sept. 1, 2003.
§ 159.603. EFFECT OF REGISTRATION FOR
ENFORCEMENT. (a) A support order or income-withholding order
issued in another state is registered when the order is filed in the
registering tribunal of this state.
(b) A registered order issued in another state is
enforceable in the same manner and is subject to the same procedures
as an order issued by a tribunal of this state.
(c) Except as otherwise provided in this subchapter, a
tribunal of this state shall recognize and enforce, but may not
modify, a registered order if the issuing tribunal had
jurisdiction.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 159.604. CHOICE OF LAW. (a) Except as provided by
Subsection (d), the law of the issuing state governs:
(1) the nature, extent, amount, and duration of
current payments under a registered support order;
(2) the computation and payment of arrearages and
accrual of interest on the arrearages under the support order; and
(3) the existence and satisfaction of other
obligations under the support order.
(b) In a proceeding for arrearages under a registered
support order, the statute of limitation of this state or of the
issuing state, whichever is longer, applies.
(c) A responding tribunal in this state shall apply the
procedures and remedies of this state to enforce current support
and collect arrearages and interest due on a support order of
another state registered in this state.
(d) After a tribunal of this or another state determines
which order is the controlling order and issues an order
consolidating arrearages, if any, the tribunal of this state shall
prospectively apply the law of the state issuing the controlling
order, including that state's law on interest on arrearages,
current and future support, and consolidated arrearages.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 607, § 14, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1247, § 34, eff. Sept. 1, 2003.
§ 159.605. NOTICE OF REGISTRATION OF ORDER. (a) When a
support order or income-withholding order issued in another state
is registered, the registering tribunal shall notify the
nonregistering party. The notice must be accompanied by a copy of
the registered order and the documents and relevant information
accompanying the order.
(b) A notice under this section must inform the
nonregistering party:
(1) that a registered order is enforceable as of the
date of registration in the same manner as an order issued by a
tribunal of this state;
(2) that a hearing to contest the validity or
enforcement of the registered order must be requested within 20
days after notice;
(3) that failure to contest the validity or
enforcement of the registered order in a timely manner:
(A) will result in confirmation of the order and
enforcement of the order and the alleged arrearages; and
(B) precludes further contest of that order with
respect to any matter that could have been asserted; and
(4) of the amount of any alleged arrearages.
(c) If the registering party asserts that two or more orders
are in effect, the notice under this section must also:
(1) identify:
(A) the orders, including which order is alleged
by the registering person to be the controlling order; and
(B) the consolidated arrearages, if any;
(2) notify the nonregistering party of the right to a
determination of which order is the controlling order;
(3) state that the procedures provided in Subsection
(b) apply to the determination of which order is the controlling
order; and
(4) state that failure to contest the validity or
enforcement of the order alleged to be the controlling order in a
timely manner may result in confirmation that the order is the
controlling order.
(d) On registration of an income-withholding order for
enforcement, the registering tribunal shall notify the obligor's
employer under Chapter 158.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 607, § 15, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1247, § 35, eff. Sept. 1, 2003.
§ 159.606. PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT
OF REGISTERED ORDER. (a) A nonregistering party seeking to
contest the validity or enforcement of a registered order in this
state shall request a hearing within 20 days after notice of the
registration. The nonregistering party may seek under Section
159.607 to:
(1) vacate the registration;
(2) assert any defense to an allegation of
noncompliance with the registered order; or
(3) contest the remedies being sought or the amount of
any alleged arrearages.
(b) If the nonregistering party fails to contest the
validity or enforcement of the registered order in a timely manner,
the order is confirmed by operation of law.
(c) If a nonregistering party requests a hearing to contest
the validity or enforcement of the registered order, the
registering tribunal shall schedule the matter for hearing and give
notice to the parties of the date, time, and place of the hearing.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 607, § 16, eff. Sept. 1,
1997.
§ 159.607. CONTEST OF REGISTRATION OR
ENFORCEMENT. (a) A party contesting the validity or enforcement
of a registered order or seeking to vacate the registration has the
burden of proving one or more of the following defenses:
(1) the issuing tribunal lacked personal jurisdiction
over the contesting party;
(2) the order was obtained by fraud;
(3) the order has been vacated, suspended, or modified
by a later order;
(4) the issuing tribunal has stayed the order pending
appeal;
(5) there is a defense under the law of this state to
the remedy sought;
(6) full or partial payment has been made;
(7) the statute of limitation under Section 159.604
precludes enforcement of some or all of the alleged arrearages; or
(8) the alleged controlling order is not the
controlling order.
(b) If a party presents evidence establishing a full or
partial defense under Subsection (a), a tribunal may stay
enforcement of the registered order, continue the proceeding to
permit production of additional relevant evidence, and issue other
appropriate orders. An uncontested portion of the registered order
may be enforced by all remedies available under the law of this
state.
(c) If the contesting party does not establish a defense
under Subsection (a) to the validity or enforcement of the order,
the registering tribunal shall issue an order confirming the order.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1247, § 36, eff. Sept. 1,
2003.
§ 159.608. CONFIRMED ORDER. Confirmation of a
registered order, whether by operation of law or after notice and
hearing, precludes further contest of the order with respect to any
matter that could have been asserted at the time of registration.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 159.609. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF
ANOTHER STATE FOR MODIFICATION. A party or support enforcement
agency seeking to modify or to modify and enforce a child support
order issued in another state shall register that order in this
state in the same manner provided in Sections 159.601-159.604 if
the order has not been registered. A petition for modification may
be filed at the same time as a request for registration or later.
The pleading must specify the grounds for modification.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 159.610. EFFECT OF REGISTRATION FOR MODIFICATION. A
tribunal of this state may enforce a child support order of another
state registered for purposes of modification in the same manner as
if the order had been issued by a tribunal of this state, but the
registered order may be modified only if the requirements of
Section 159.611, 159.613, or 159.615 have been met.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1247, § 37, eff. Sept. 1,
2003.
§ 159.611. MODIFICATION OF CHILD SUPPORT ORDER OF
ANOTHER STATE. (a) Except as provided by Section 159.615, on
petition a tribunal of this state may modify a child support order
issued in another state and registered in this state only if Section
159.613 does not apply and after notice and hearing the tribunal
finds that:
(1) the following requirements are met:
(A) the child, the obligee who is an individual,
and the obligor do not reside in the issuing state;
(B) a petitioner who is a nonresident of this
state seeks modification; and
(C) the respondent is subject to the personal
jurisdiction of the tribunal of this state; or
(2) this state is the state of residence of the child
and the child, or a party who is an individual, is subject to the
personal jurisdiction of the tribunal of this state and all of the
parties who are individuals have filed in a record in the issuing
tribunal consents for a tribunal of this state to modify the support
order and assume continuing, exclusive jurisdiction.
(b) Modification of a registered child support order is
subject to the same requirements, procedures, and defenses that
apply to the modification of an order issued by a tribunal of this
state, and the order may be enforced and satisfied in the same
manner.
(c) Except as provided by Section 159.615, a tribunal of
this state may not modify any aspect of a child support order,
including the duration of the obligation of support, that may not be
modified under the law of the issuing state. If two or more
tribunals have issued child support orders for the same obligor and
same child, the order that controls and must be recognized under
Section 159.207 establishes the aspects of the support order that
are nonmodifiable.
(d) On issuance of an order by a tribunal of this state
modifying a child support order issued in another state, the
tribunal of this state becomes the tribunal of continuing,
exclusive jurisdiction.
(e) In a proceeding to modify a child support order, the law
of the state that is determined to have issued the initial
controlling order governs the duration of the obligation of
support. The obligor's fulfillment of the duty of support
established by that order precludes imposition of a further
obligation of support by a tribunal of this state.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 607, § 17, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 1420, § 5.0026, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 1247, § 38, eff. Sept. 1, 2003.
§ 159.612. RECOGNITION OF ORDER MODIFIED IN ANOTHER
STATE. If a child support order issued by a tribunal of this state
is modified by a tribunal of another state that assumed
jurisdiction under the Uniform Interstate Family Support Act, a
tribunal of this state:
(1) may enforce the order that was modified only as to
arrearages and interest accruing before the modification;
(2) may provide appropriate relief for violations of
the order that occurred before the effective date of the
modification; and
(3) shall recognize the modifying order of the other
state, on registration, for the purpose of enforcement.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1247, § 39, eff. Sept. 1,
2003.
§ 159.613. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF
ANOTHER STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS
STATE. (a) If all of the parties who are individuals reside in
this state and the child does not reside in the issuing state, a
tribunal of this state has jurisdiction to enforce and to modify the
issuing state's child support order in a proceeding to register
that order.
(b) A tribunal of this state exercising jurisdiction under
this section shall apply the provisions of Sections 159.101 through
159.209 and 159.601 through 159.614 and the procedural and
substantive law of this state to the proceeding for enforcement or
modification. Sections 159.301 through 159.507 and 159.701 through
159.802 do not apply.
Added by Acts 1997, 75th Leg., ch. 607, § 18, eff. Sept. 1, 1997.
§ 159.614. NOTICE TO ISSUING TRIBUNAL OF
MODIFICATION. Within 30 days after issuance of a modified child
support order, the party obtaining the modification shall file a
certified copy of the order with the issuing tribunal that had
continuing, exclusive jurisdiction over the earlier order and in
each tribunal in which the party knows the earlier order has been
registered. A party who obtains the order and fails to file a
certified copy is subject to appropriate sanctions by a tribunal in
which the issue of failure to file arises. The failure to file does
not affect the validity or enforceability of the modified order of
the new tribunal having continuing, exclusive jurisdiction.
Added by Acts 1997, 75th Leg., ch. 607, § 18, eff. Sept. 1, 1997.
§ 159.615. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF
FOREIGN COUNTRY OR POLITICAL SUBDIVISION. (a) If a foreign
country or political subdivision that is a state refuses to modify
its order or may not under its law modify its order, a tribunal of
this state may assume jurisdiction to modify the child support
order and bind all individuals subject to the personal jurisdiction
of the tribunal regardless of whether:
(1) consent to modification of a child support order
has been given under Section 159.611; or
(2) the individual seeking modification is a resident
of this state or of the foreign country or political subdivision.
(b) An order issued under this section is the controlling
order.
Added by Acts 2003, 78th Leg., ch. 1247, § 40, eff. Sept. 1,
2003.
SUBCHAPTER H. DETERMINATION OF PARENTAGE
§ 159.701. PROCEEDING TO DETERMINE PARENTAGE. A court
of this state authorized to determine the parentage of a child may
serve as a responding tribunal in a proceeding to determine
parentage brought under this chapter or a law substantially similar
to this chapter.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1247, § 41, eff. Sept. 1,
2003.
SUBCHAPTER I. INTERSTATE RENDITION
§ 159.801. GROUNDS FOR RENDITION. (a) In this
subchapter, "governor" includes an individual performing the
functions of governor or the executive authority of a state covered
by this chapter.
(b) The governor of this state may:
(1) demand that the governor of another state
surrender an individual found in the other state who is charged
criminally in this state with having failed to provide for the
support of an obligee; or
(2) on the demand of the governor of another state,
surrender an individual found in this state who is charged
criminally in the other state with having failed to provide for the
support of an obligee.
(c) A provision for extradition of individuals not
inconsistent with this chapter applies to the demand even if the
individual whose surrender is demanded was not in the demanding
state when the crime was allegedly committed and has not fled from
that state.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1247, § 42, eff. Sept. 1,
2003.
§ 159.802. CONDITIONS OF RENDITION. (a) Before making
a demand that the governor of another state surrender an individual
charged criminally in this state with having failed to provide for
the support of an obligee, the governor may require a prosecutor of
this state to demonstrate:
(1) that not less than 60 days before the date of the
demand, the obligee had initiated proceedings for support under
this chapter; or
(2) that initiating the proceeding would be of no
avail.
(b) If, under this chapter or a law substantially similar to
this chapter, the governor of another state makes a demand that the
governor of this state surrender an individual charged criminally
in that state with having failed to provide for the support of a
child or other individual to whom a duty of support is owed, the
governor may require a prosecutor to investigate the demand and
report whether a proceeding for support has been initiated or would
be effective. If it appears that a proceeding would be effective
but has not been initiated, the governor may delay honoring the
demand for a reasonable time to permit the initiation of a
proceeding.
(c) If a proceeding for support has been initiated and the
individual whose rendition is demanded prevails, the governor may
decline to honor the demand. If the petitioner prevails and the
individual whose rendition is demanded is subject to a support
order, the governor may decline to honor the demand if the
individual is complying with the support order.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1247, § 43, eff. Sept. 1,
2003.
SUBCHAPTER J. MISCELLANEOUS PROVISIONS
§ 159.901. UNIFORMITY OF APPLICATION AND
CONSTRUCTION. In applying and construing this chapter,
consideration must be given to the need to promote uniformity of the
law with respect to the subject matter of this chapter among states
that enact a law similar to this chapter.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1247, § 44, eff. Sept. 1,
2003.
