CHAPTER 159. UNIFORM INTERSTATE FAMILY SUPPORT ACT

State Codes and Statutes

Statutes > Texas > Family-code > Title-5-the-parent-child-relationship-and-the-suit-affecting-the-parent-child-relationship > 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

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

(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;

(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.

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.

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.

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;

(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.

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.

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.

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.

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.

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.

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.

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;

(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.

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.

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

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.

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.

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.

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.

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.

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)

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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