reglab/statecodes huggingface dataset:
2023 Texas Statutes › 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 D. Civil Provisions of General Application › Section 159.303. Application of Law of State

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.
2023 Texas Statutes › 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 D. Civil Provisions of General Application › Section 159.304. Duties of Initiating Tribunal

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 tribunal is in a foreign country, on request the tribunal of this state 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 foreign tribunal.
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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 17, eff. July 1, 2015.
2023 Texas Statutes › 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 D. Civil Provisions of General Application › Section 159.306. Inappropriate Tribunal

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.
2023 Texas Statutes › 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 D. Civil Provisions of General Application › Section 159.307. Duties of Support Enforcement Agency

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 is providing services to the petitioner shall:
(1)  take all steps necessary to enable an appropriate tribunal of this state, another state, or a foreign country 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)  within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;
(5)  within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of 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:
(1)  to ensure that the order to be registered is the controlling order; or
(2)  if two or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
(d)  A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or a judgment stated in a foreign currency shall convert the amount stated in the foreign currency into 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, arrears, 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 19, eff. July 1, 2015.
2023 Texas Statutes › 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 D. Civil Provisions of General Application › Section 159.308. Duty of Attorney General and Governor

Sec. 159.308.  DUTY OF ATTORNEY GENERAL AND GOVERNOR.  (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 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 20, eff. July 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 21, eff. July 1, 2015.
2023 Texas Statutes › 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 D. Civil Provisions of General Application › Section 159.309. Private Counsel

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.
2023 Texas Statutes › 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 D. Civil Provisions of General Application › Section 159.310. Duties of State Information Agency

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 transmit 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 in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this chapter received from another state or a foreign country; 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 22, eff. July 1, 2015.
2023 Texas Statutes › 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 D. Civil Provisions of General Application › Section 159.311. Pleadings and Accompanying Documents

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 of a child, or to register and modify a support order of a tribunal of another state or foreign country 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 23, eff. July 1, 2015.
2023 Texas Statutes › 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 D. Civil Provisions of General Application › Section 159.312. Nondisclosure of Information in Exceptional Circumstances

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, that information must be sealed and may not be disclosed to the other party or the public.  After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 24, eff. July 1, 2015.
2023 Texas Statutes › 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 D. Civil Provisions of General Application › Section 159.313. Costs and Fees

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 of this state 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 or responding state or foreign country, 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 under Subchapter G, 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 25, eff. July 1, 2015.
2023 Texas Statutes › 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 D. Civil Provisions of General Application › Section 159.314. Limited Immunity of Petitioner

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 physically 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 26, eff. July 1, 2015.
2023 Texas Statutes › 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 D. Civil Provisions of General Application › Section 159.315. Nonparentage as Defense

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.
2023 Texas Statutes › 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 D. Civil Provisions of General Application › Section 159.316. Special Rules of Evidence and Procedure

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 of a child.
(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 excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this 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 of a child, and for prenatal and postnatal health care of the mother and child furnished to the adverse party at least 10 days before 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 outside this state to a tribunal of this state by telephone, telecopier, or other electronic 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 outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location.  A tribunal of this state shall cooperate with other tribunals 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 (S.B. 1151), Sec. 1, eff. June 17, 2005.
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 27, eff. July 1, 2015.
2023 Texas Statutes › 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 D. Civil Provisions of General Application › Section 159.317. Communications Between Tribunals

Sec. 159.317.  COMMUNICATIONS BETWEEN TRIBUNALS.  A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail, 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.  A tribunal of this state may furnish similar information by similar means to a tribunal outside 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. 24, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 28, eff. July 1, 2015.
2023 Texas Statutes › 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 D. Civil Provisions of General Application › Section 159.318. Assistance With Discovery

Sec. 159.318.  ASSISTANCE WITH DISCOVERY.  A tribunal of this state may:
(1)  request a tribunal outside this 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 outside this state.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 29, eff. July 1, 2015.
2023 Texas Statutes › 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 D. Civil Provisions of General Application › Section 159.319. Receipt and Disbursement of Payments

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 or a foreign country 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 30, eff. July 1, 2015.
2023 Texas Statutes › 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 E. Establishment of Support Order or Determination of Parentage › Section 159.401. Establishment of Support Order

Sec. 159.401.  ESTABLISHMENT OF SUPPORT ORDER. (a)  If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:
(1)  the individual seeking the order resides outside this state; or
(2)  the support enforcement agency seeking the order is located outside this state.
(b)  The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:
(1)  a presumed father of the child;
(2)  petitioning to have his paternity adjudicated;
(3)  identified as the father of the child through genetic testing;
(4)  an alleged father who has declined to submit to genetic testing;
(5)  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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 32, eff. July 1, 2015.
2023 Texas Statutes › 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 E. Establishment of Support Order or Determination of Parentage › Section 159.402. Proceeding to Determine Parentage

Sec. 159.402.  PROCEEDING TO DETERMINE PARENTAGE.  A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this chapter or a law or procedure substantially similar to this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 33, eff. July 1, 2015.
2023 Texas Statutes › 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 F. Enforcement of Support Order Without Registration › Section 159.501. Employer's Receipt of Income-Withholding Order of Another State

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.
2023 Texas Statutes › 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 F. Enforcement of Support Order Without Registration › Section 159.502. Employer's Compliance With Income-Withholding Order of Another State

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 and dental support, whether in the form of periodic cash payments, stated as a sum certain, or ordering the obligor to provide health insurance coverage or dental 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 39, eff. September 1, 2018.
2023 Texas Statutes › 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 F. Enforcement of Support Order Without Registration › Section 159.503. Employer's Compliance With Two or More Income-Withholding Orders

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.
2023 Texas Statutes › 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 F. Enforcement of Support Order Without Registration › Section 159.504. Immunity From Civil Liability

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.
2023 Texas Statutes › 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 F. Enforcement of Support Order Without Registration › Section 159.505. Penalties for Noncompliance

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.
2023 Texas Statutes › 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 F. Enforcement of Support Order Without Registration › Section 159.506. Contest by Obligor

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 filing a contest to that order as provided in Subchapter G or otherwise 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, if no person is designated, to the obligee.
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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 35, eff. July 1, 2015.
2023 Texas Statutes › 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 F. Enforcement of Support Order Without Registration › Section 159.507. Administrative Enforcement of Orders

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 in another state or a foreign support order 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 36, eff. July 1, 2015.
2023 Texas Statutes › 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 G. Registration, Enforcement, and Modification of Support Order › Part 1. Registration for Enforcement of Support Order › Section 159.601. Registration of Order for Enforcement

Sec. 159.601.  REGISTRATION OF ORDER FOR ENFORCEMENT.  A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 38, eff. July 1, 2015.
2023 Texas Statutes › 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 G. Registration, Enforcement, and Modification of Support Order › Part 1. Registration for Enforcement of Support Order › Section 159.602. Procedure to Register Order for Enforcement

Sec. 159.602.  PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT.  (a)  Except as otherwise provided by Section 159.706, a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending the following records 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 and address 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 an order of a tribunal of another state or a foreign support order, 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)  furnish to the tribunal a copy of each support order asserted to be in effect in addition to the documents specified in this section;
(2)  specify the order alleged to be the controlling order, if any; and
(3)  specify the amount of consolidated arrears, 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 39, eff. July 1, 2015.
2023 Texas Statutes › 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 G. Registration, Enforcement, and Modification of Support Order › Part 1. Registration for Enforcement of Support Order › Section 159.603. Effect of Registration for Enforcement

Sec. 159.603.  EFFECT OF REGISTRATION FOR ENFORCEMENT.  (a)  A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.
(b)  A registered support order issued in another state or a foreign country 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 support order if the issuing tribunal had jurisdiction.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 40, eff. July 1, 2015.
2023 Texas Statutes › 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 G. Registration, Enforcement, and Modification of Support Order › Part 1. Registration for Enforcement of Support Order › Section 159.604. Choice of Law

Sec. 159.604.  CHOICE OF LAW.  (a)  Except as otherwise provided by Subsection (d), the law of the issuing state or foreign country 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 arrears under a registered support order, the statute of limitation of this state, or of the issuing state or foreign country, whichever is longer, applies.
(c)  A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
(d)  After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, the tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including that state's or country's law on interest on arrears, on current and future support, and on consolidated arrears.
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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 41, eff. July 1, 2015.
2023 Texas Statutes › 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 G. Registration, Enforcement, and Modification of Support Order › Part 2. Contest of Validity or Enforcement › Section 159.605. Notice of Registration of Order

Sec. 159.605.  NOTICE OF REGISTRATION OF ORDER.  (a)  When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state 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 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 30 days after notice unless the registered order is under Section 159.707;
(3)  that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; 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 must also:
(1)  identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;
(2)  notify the nonregistering party of the right to a determination of which is the controlling order;
(3)  state that the procedures provided in Subsection (b) apply to the determination of which 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 support enforcement agency or 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 43, eff. July 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 552 (S.B. 286), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › 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 G. Registration, Enforcement, and Modification of Support Order › Part 2. Contest of Validity or Enforcement › Section 159.606. Procedure to Contest Validity or Enforcement of Registered Support Order

Sec. 159.606.  PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF REGISTERED SUPPORT ORDER.  (a)  A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by Section 159.605.  The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages under Section 159.607.
(b)  If the nonregistering party fails to contest the validity or enforcement of the registered support 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 support 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 44, eff. July 1, 2015.
2023 Texas Statutes › 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 G. Registration, Enforcement, and Modification of Support Order › Part 2. Contest of Validity or Enforcement › Section 159.607. Contest of Registration or Enforcement

Sec. 159.607.  CONTEST OF REGISTRATION OR ENFORCEMENT.  (a)  A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(1)  the issuing tribunal lacked personal jurisdiction over the contesting party;
(2)  the order was obtained by fraud;
(3)  the order has been vacated, suspended, or modified by a later order;
(4)  the issuing tribunal has stayed the order pending appeal;
(5)  there is a defense under the law of this state to the remedy sought;
(6)  full or partial payment has been made;
(7)  the statute of limitation under Section 159.604 precludes enforcement of some or all of the alleged arrearages; or
(8)  the alleged controlling order is not the controlling order.
(b)  If a party presents evidence establishing a full or partial defense under Subsection (a), a tribunal may stay enforcement of the registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders.  An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.
(c)  If the contesting party does not establish a defense under Subsection (a) to the validity or enforcement of the registered support order, the registering tribunal shall issue an order confirming 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. 36, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 45, eff. July 1, 2015.