CHAPTER 159. UNIFORM INTERSTATE FAMILY SUPPORT ACT
FAMILY CODE
TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE
PARENT-CHILD RELATIONSHIP
SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
CHAPTER 159. UNIFORM INTERSTATE FAMILY SUPPORT ACT
SUBCHAPTER A. CONFLICTS BETWEEN PROVISIONS
Sec. 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, Sec. 1, eff. April 20,
1995.
SUBCHAPTER B. GENERAL PROVISIONS
Sec. 159.101. SHORT TITLE. This chapter may be cited as the
Uniform Interstate Family Support Act.
Added by Acts 2003, 78th Leg., ch. 1247, Sec. 3, eff. Sept. 1,
2003.
Sec. 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, order, or
directive, whether temporary, final, or subject to modification,
issued by a tribunal 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, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 607, Sec. 1, eff.
Sept. 1, 1997. Renumbered from Family Code Sec. 159.101 and
amended by Acts 2003, 78th Leg., ch. 1247, Sec. 3, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 38, eff. September 1, 2007.
Sec. 159.103. TRIBUNAL OF STATE. The court is the tribunal of
this state.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 607, Sec. 2, eff.
Sept. 1, 1997. Renumbered from Family Code Sec. 159.102 by Acts
2003, 78th Leg., ch. 1247, Sec. 3, eff. Sept. 1, 2003.
Sec. 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, Sec. 1, eff. April 20,
1995. Renumbered from Family Code Sec. 159.103 and amended by
Acts 2003, 78th Leg., ch. 1247, Sec. 3, eff. Sept. 1, 2003.
SUBCHAPTER C. JURISDICTION
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 561, Sec. 5, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1247, Sec. 4, eff. Sept.
1, 2003.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 5, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 607, Sec. 3, eff.
Sept. 1, 1997.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 6, eff.
Sept. 1, 2003.
Sec. 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, Sec. 46.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 607, Sec. 4, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1247, Sec. 7, 8, 46,
eff. Sept. 1, 2003.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 9, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 607, Sec. 5, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1247, Sec. 10, 11, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 12, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 12, eff.
Sept. 1, 2003.
Sec. 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, Sec. 12, eff. Sept. 1,
2003.
Sec. 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, Sec. 12, eff. Sept. 1,
2003.
SUBCHAPTER D. CIVIL PROVISIONS OF GENERAL APPLICATION
Sec. 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, Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 607, Sec. 6, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1247, Sec. 13, 46, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 14, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 607, Sec. 7, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1247, Sec. 15, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 607, Sec. 8, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1247, Sec. 15, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 607, Sec. 9, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1247, Sec. 16, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 607, Sec. 10, eff.
Sept. 1, 1997.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 607, Sec. 11, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1247, Sec. 17, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 18, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. April 20,
1995.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 19, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 20, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 21, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 607, Sec. 12, eff.
Sept. 1, 1997.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 22, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. April 20,
1995.
Sec. 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.
(j) A voluntary acknowledgment of paternity, certified as a true
copy, is admissible to establish parentage of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 23, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
344, Sec. 1, eff. June 17, 2005.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 24, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. April 20,
1995.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 25, eff.
Sept. 1, 2003.
SUBCHAPTER E. ESTABLISHMENT OF SUPPORT ORDER
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 26, eff.
Sept. 1, 2003.
SUBCHAPTER F. ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT
REGISTRATION
Sec. 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, Sec. 13, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1247, Sec. 27, eff. Sept. 1,
2003.
Sec. 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, Sec. 13, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1247, Sec. 28, eff. Sept. 1,
2003.
Sec. 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, Sec. 13, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 29, eff.
Sept. 1, 2003.
Sec. 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, Sec. 13, eff. Sept. 1,
1997.
Sec. 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, Sec. 13, eff. Sept. 1,
1997.
Sec. 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, Sec. 13, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 30, eff.
Sept. 1, 2003.
Sec. 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, Sec. 13, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 31, eff.
Sept. 1, 2003.
SUBCHAPTER G. REGISTRATION, ENFORCEMENT, AND MODIFICATION OF
SUPPORT ORDER
Sec. 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, Sec. 1, eff. April 20,
1995.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 2001, 77th Leg., ch. 296, Sec. 3, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1247, Sec. 33, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. April 20,
1995.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 607, Sec. 14, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1247, Sec. 34, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 607, Sec. 15, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1247, Sec. 35, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 607, Sec. 16, eff.
Sept. 1, 1997.
Sec. 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)