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 155 - Continuing, Exclusive Jurisdiction; Transfer › Subchapter D. Transfer of Proceedings Within the State When Party or Child Resides Outside the State › Section 155.301. Authority to Transfer

Sec. 155.301.  AUTHORITY TO TRANSFER.  (a)  A court of this state with continuing, exclusive jurisdiction over a child custody proceeding under Chapter 152 or a child support proceeding under Chapter 159 shall transfer the proceeding to the county of residence of the resident party if one party is a resident of this state and all other parties including the child or all of the children affected by the proceeding reside outside this state.
(b)  If one or more of the parties affected by the proceedings reside outside the state and if more than one party or one or more children affected by the proceeding reside in this state in different counties, the court shall transfer the proceeding according to the following priorities:
(1)  to the court of continuing, exclusive jurisdiction, if any;
(2)  to the county of residence of the child, if applicable, provided that:
(A)  Subdivision (1) is inapplicable;  or
(B)  the court of continuing, exclusive jurisdiction finds that neither a party nor a child affected by the proceeding resides in the county of the court of continuing, exclusive jurisdiction;  or
(3)  if Subdivisions (1) and (2) are inapplicable, to the county most appropriate to serve the convenience of the resident parties, the witnesses, and the interest of justice.
(c)  Except as otherwise provided by this subsection, if a transfer of continuing, exclusive jurisdiction is sought under this section, the procedures for determining and effecting a transfer of proceedings provided by this chapter apply.  If the parties submit to the court an agreed order for transfer, the court shall sign the order without the need for other pleadings.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2003, 78th Leg., ch. 1036, Sec. 17, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 13, eff. September 1, 2007.
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 156 - Modification › Subchapter A. General Provisions › Section 156.001. Orders Subject to Modification

Sec. 156.001.  ORDERS SUBJECT TO MODIFICATION.  A court with continuing, exclusive jurisdiction may modify an order that provides for the conservatorship, support, or possession of and access to a child.
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 156 - Modification › Subchapter A. General Provisions › Section 156.002. Who Can File

Sec. 156.002.  WHO CAN FILE.  (a)  A party affected by an order may file a suit for modification in the court with continuing, exclusive jurisdiction.
(b)  A person or entity who, at the time of filing, has standing to sue under Chapter 102 may file a suit for modification in the court with continuing, exclusive jurisdiction.
(c)  The sibling of a child who is separated from the child because of the actions of the Department of Family and Protective Services may file a suit for modification requesting access to the child in the court with continuing, exclusive jurisdiction.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 26, eff. September 1, 2009.
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 156 - Modification › Subchapter A. General Provisions › Section 156.003. Notice

Sec. 156.003.  NOTICE.  A party whose rights and duties may be affected by a suit for modification is entitled to receive notice by service of citation.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 178, Sec. 9, eff. Aug. 30, 1999.
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 156 - Modification › Subchapter A. General Provisions › Section 156.004. Procedure

Sec. 156.004.  PROCEDURE.  The Texas Rules of Civil Procedure applicable to the filing of an original lawsuit apply to a suit for modification 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 156 - Modification › Subchapter A. General Provisions › Section 156.005. Frivolous Filing of Suit for Modification

Sec. 156.005.  FRIVOLOUS FILING OF SUIT FOR MODIFICATION.  Notwithstanding Rules 296 through 299, Texas Rules of Civil Procedure, if the court finds that a suit for modification is filed frivolously or is designed to harass a party, the court shall state that finding in the order and assess attorney's fees as costs against the offending party.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 11, eff. September 1, 2017.
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 156 - Modification › Subchapter A. General Provisions › Section 156.007. Certain Filings Not Admissions

Sec. 156.007.  CERTAIN FILINGS NOT ADMISSIONS.  A party who files a motion to modify an order that provides for the appointment of a conservator of a child, provides the terms and conditions of conservatorship, provides for the possession of or access to a child, or provides for the support of a child based on a material and substantial change of circumstances may not be considered on that basis alone to have admitted a material and substantial change of circumstances regarding any other matter.
Added by Acts 2021, 87th Leg., R.S., Ch. 227 (H.B. 851), Sec. 2, 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 156 - Modification › Subchapter B. Modification of Conservatorship, Possession and Access, or Determination of Residence › Section 156.101. Grounds for Modification of Order Establishing Conservatorship or Possession and Access

Sec. 156.101.  GROUNDS FOR MODIFICATION OF ORDER ESTABLISHING CONSERVATORSHIP OR POSSESSION AND ACCESS.  (a)  The court may modify an order that provides for the appointment of a conservator of a child, that provides the terms and conditions of conservatorship, or that provides for the possession of or access to a child if modification would be in the best interest of the child and:
(1)  the circumstances of the child, a conservator, or other party affected by the order have materially and substantially changed since the earlier of:
(A)  the date of the rendition of the order; or
(B)  the date of the signing of a mediated or collaborative law settlement agreement on which the order is based;
(2)  the child is at least 12 years of age and has expressed to the court in chambers as provided by Section 153.009 the name of the person who is the child's preference to have the exclusive right to designate the primary residence of the child; or
(3)  the conservator who has the exclusive right to designate the primary residence of the child has voluntarily relinquished the primary care and possession of the child to another person for at least six months.
(b)  Subsection (a)(3) does not apply to a conservator who has the exclusive right to designate the primary residence of the child and who has temporarily relinquished the primary care and possession of the child to another person during the conservator's military deployment, military mobilization, or temporary military duty, as those terms are defined by Section 153.701.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 47, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1390, Sec. 16, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1289, Sec. 5, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1036, Sec. 19, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 727 (S.B. 279), Sec. 3, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 28, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 3, eff. September 1, 2009.
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 156 - Modification › Subchapter B. Modification of Conservatorship, Possession and Access, or Determination of Residence › Section 156.102. Modification of Exclusive Right to Determine Primary Residence of Child Within One Year of Order

Sec. 156.102.  MODIFICATION OF EXCLUSIVE RIGHT TO DETERMINE PRIMARY RESIDENCE OF CHILD WITHIN ONE YEAR OF ORDER.  (a)  If a suit seeking to modify the designation of the person having the exclusive right to designate the primary residence of a child is filed not later than one year after the earlier of the date of the rendition of the order or the date of the signing of a mediated or collaborative law settlement agreement on which the order is based, the person filing the suit shall execute and attach an affidavit as provided by Subsection (b).
(b)  The affidavit must contain, along with supporting facts, at least one of the following allegations:
(1)  that the child's present environment may endanger the child's physical health or significantly impair the child's emotional development;
(2)  that the person who has the exclusive right to designate the primary residence of the child is the person seeking or consenting to the modification and the modification is in the best interest of the child;  or
(3)  that the person who has the exclusive right to designate the primary residence of the child has voluntarily relinquished the primary care and possession of the child for at least six months and the modification is in the best interest of the child.
(c)  The court shall deny the relief sought and refuse to schedule a hearing for modification under this section unless the court determines, on the basis of the affidavit, that facts adequate to support an allegation listed in Subsection (b) are stated in the affidavit.  If the court determines that the facts stated are adequate to support an allegation, the court shall set a time and place for the hearing.
(d)  Subsection (b)(3) does not apply to a person who has the exclusive right to designate the primary residence of the child and who has temporarily relinquished the primary care and possession of the child to another person during the conservator's military deployment, military mobilization, or temporary military duty, as those terms are defined by Section 153.701.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 1289, Sec. 6, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1036, Sec. 20, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 727 (S.B. 279), Sec. 4, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 29, eff. September 1, 2009.
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 156 - Modification › Subchapter B. Modification of Conservatorship, Possession and Access, or Determination of Residence › Section 156.103. Increased Expenses Because of Change of Residence

Sec. 156.103.  INCREASED EXPENSES BECAUSE OF CHANGE OF RESIDENCE.  (a)  If a change of residence results in increased expenses for a party having possession of or access to a child, the court may render appropriate orders to allocate those increased expenses on a fair and equitable basis, taking into account the cause of the increased expenses and the best interest of the child.
(b)  The payment of increased expenses by the party whose residence is changed is rebuttably presumed to be in the best interest of the child.
(c)  The court may render an order without regard to whether another change in the terms and conditions for the possession of or access to the child is made.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 1289, Sec. 7, eff. Sept. 1, 2001.
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 156 - Modification › Subchapter B. Modification of Conservatorship, Possession and Access, or Determination of Residence › Section 156.104. Modification of Order on Conviction for Child Abuse; Penalty

Sec. 156.104.  MODIFICATION OF ORDER ON CONVICTION FOR CHILD ABUSE; PENALTY.  (a)  Except as provided by Section 156.1045, the conviction of a conservator for an offense under Section 21.02, Penal Code, or the conviction of a conservator or an order deferring adjudication with regard to the conservator, for an offense involving the abuse of a child under Section  21.11, 22.011, or 22.021, Penal Code, is a material and substantial change of circumstances sufficient to justify a temporary order and modification of an existing court order or portion of a decree that provides for the appointment of a conservator or that sets the terms and conditions of conservatorship or for the possession of or access to a child.
(b)  A person commits an offense if the person files a suit to modify an order or portion of a decree based on the grounds permitted under Subsection (a) and the person knows that the person against whom the motion is filed has not been convicted of an offense, or received deferred adjudication for an offense, under Section 21.02, 21.11, 22.011, or 22.021, Penal Code.  An offense under this subsection is a Class B misdemeanor.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 1289, Sec. 8, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.29, eff. September 1, 2007.
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 156 - Modification › Subchapter B. Modification of Conservatorship, Possession and Access, or Determination of Residence › Section 156.1045. Modification of Order on Conviction for Family Violence

Sec. 156.1045.  MODIFICATION OF ORDER ON CONVICTION FOR FAMILY VIOLENCE.  (a)  The conviction or an order deferring adjudication of a person who is a possessory conservator or a sole or joint managing conservator for an offense involving family violence is a material and substantial change of circumstances sufficient to justify a temporary order and modification of an existing court order or portion of a decree that provides for the appointment of a conservator or that sets the terms and conditions of conservatorship or for the possession of or access to a child to conform the order to the requirements of Section 153.004(d).
(b)  A person commits an offense if the person files a suit to modify an order or portion of a decree based on the grounds permitted under Subsection (a) and the person knows that the person against whom the motion is filed has not been convicted of an offense, or received deferred adjudication for an offense, involving family violence.  An offense under this subsection is a Class B misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1289, Sec. 9, eff. Sept. 1, 2001.
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 156 - Modification › Subchapter B. Modification of Conservatorship, Possession and Access, or Determination of Residence › Section 156.105. Modification of Order Based on Military Duty

Sec. 156.105.  MODIFICATION OF ORDER BASED ON MILITARY DUTY.  The military duty of a conservator who is ordered to military deployment, military mobilization, or temporary military duty, as those terms are defined by Section 153.701, does not by itself constitute a material and substantial change of circumstances sufficient to justify a modification of an existing court order or portion of a decree that sets the terms and conditions for the possession of or access to a child except that the court may render a temporary order under Subchapter L, Chapter 153.
Added by Acts 2005, 79th Leg., Ch. 916 (H.B. 260), Sec. 18, eff. June 18, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 14, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1041 (H.B. 1864), Sec. 5, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 727 (S.B. 279), Sec. 5, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 30, eff. September 1, 2009.
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 156 - Modification › Subchapter B. Modification of Conservatorship, Possession and Access, or Determination of Residence › Section 156.106. Modification of Order Based on Death of Conservator

Sec. 156.106.  MODIFICATION OF ORDER BASED ON DEATH OF CONSERVATOR.  (a)  The death of a person who is a conservator of a child is a material and substantial change of circumstances sufficient to justify a temporary order and modification of an existing court order or portion of a decree that provides for the appointment of a conservator or that sets the terms and conditions of conservatorship or for the possession of or access to the child.
(b)  Before modifying an order under Section 156.101 based on a material and substantial change of circumstances described by Subsection (a), the court must consider any term or condition of the order or portion of a decree that denies possession of the child to a parent or imposes restrictions or limitations on the parent's right to possession of or access to the child. The court may include those restrictions or limitations in a modification of the order if the court finds that the restrictions or limitations continue to be in the best interest of the child.
Added by Acts 2021, 87th Leg., R.S., Ch. 672 (H.B. 1849), Sec. 2, 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 156 - Modification › Subchapter E. Modification of Child Support › Section 156.402. Effect of Guidelines

Sec. 156.402.  EFFECT OF GUIDELINES.  (a)  The court may consider the child support guidelines for single and multiple families under Chapter 154 to determine whether there has been a material or substantial change of circumstances under this chapter that warrants a modification of an existing child support order if the modification is in the best interest of the child.
(b)  If the amount of support contained in the order does not substantially conform with the guidelines for single and multiple families under Chapter 154, the court may modify the order to substantially conform with the guidelines if the modification is in the best interest of the child.  A court may consider other relevant evidence in addition to the factors listed in the guidelines.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.22, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 556, Sec. 12, eff. Sept. 1, 1999.
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 156 - Modification › Subchapter E. Modification of Child Support › Section 156.403. Voluntary Additional Support

Sec. 156.403.  VOLUNTARY ADDITIONAL SUPPORT.  A history of support voluntarily provided in excess of the court order does not constitute cause to increase the amount of an existing child support order.
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 156 - Modification › Subchapter E. Modification of Child Support › Section 156.404. Net Resources of New Spouse

Sec. 156.404.  NET RESOURCES OF NEW SPOUSE.  (a)  The court may not add any portion of the net resources of a new spouse to the net resources of an obligor or obligee in order to calculate the amount of child support to be ordered in a suit for modification.
(b)  The court may not subtract the needs of a new spouse, or of a dependent of a new spouse, from the net resources of the obligor or obligee in a suit for modification.
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 156 - Modification › Subchapter E. Modification of Child Support › Section 156.405. Change in Lifestyle

Sec. 156.405.  CHANGE IN LIFESTYLE.  An increase in the needs, standard of living, or lifestyle of the obligee since the rendition of the existing order does not warrant an increase in the obligor's child support obligation.
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 156 - Modification › Subchapter E. Modification of Child Support › Section 156.406. Use of Guidelines for Children in More Than One Household

Sec. 156.406.  USE OF GUIDELINES FOR CHILDREN IN MORE THAN ONE HOUSEHOLD.  In applying the child support guidelines in a suit under this subchapter, if the obligor has the duty to support children in more than one household, the court shall apply the percentage guidelines for multiple families under Chapter 154.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.23, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 556, Sec. 13, eff. Sept. 1, 1999.
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 156 - Modification › Subchapter E. Modification of Child Support › Section 156.407. Assignment of Child Support Right

Sec. 156.407.  ASSIGNMENT OF CHILD SUPPORT RIGHT.  A notice of assignment filed under Chapter 231 does not constitute a modification of an order to pay child support.
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 156 - Modification › Subchapter E. Modification of Child Support › Section 156.408. Modification of Support Order Rendered by Another State

Sec. 156.408.  MODIFICATION OF SUPPORT ORDER RENDERED BY ANOTHER STATE.  (a)  Unless both parties and the child reside in this state, a court of this state may modify an order of child support rendered by an appropriate tribunal of another state only as provided by Chapter 159.
(b)  If both parties and the child reside in this state, a court of this state may modify an order of child support rendered by an appropriate tribunal of another state after registration of the order as provided by Chapter 159.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 13, eff. Sept. 1, 2001.
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 156 - Modification › Subchapter E. Modification of Child Support › Section 156.409. Change in Physical Possession

Sec. 156.409.  CHANGE IN PHYSICAL POSSESSION.  (a)  The court shall, on the motion of a party or a person having physical possession of the child, modify an order providing for the support of the child to provide that the person having physical possession of the child for at least six months shall have the right to receive and give receipt for payments of support for the child and to hold or disburse money for the benefit of the child if the sole managing conservator of the child or the joint managing conservator who has the exclusive right to determine the primary residence of the child has:
(1)  voluntarily relinquished the primary care and possession of the child;
(2)  been incarcerated or sentenced to be incarcerated for at least 90 days; or
(3)  relinquished the primary care and possession of the child in a proceeding under Title 3 or Chapter 262.
(a-1)  If the court modifies a support order under this section, the court shall order the obligor to pay the person or entity having physical possession of the child any unpaid child support that is not subject to offset or reimbursement under Section 157.008 and that accrues after the date the sole or joint managing conservator:
(1)  relinquishes possession and control of the child, whether voluntarily or in a proceeding under Title 3 or Chapter 262; or
(2)  is incarcerated.
(a-2)  This section does not affect the ability of the court to render a temporary order for the payment of child support that is in the best interest of the child.
(a-3)  An order under this section that modifies a support order because of the incarceration of the sole or joint managing conservator of a child must provide that on the conservator's release from incarceration the conservator may file an affidavit with the court stating that the conservator has been released from incarceration, that there has not been a modification of the conservatorship of the child during the incarceration, and that the conservator has resumed physical possession of the child.  A copy of the affidavit shall be delivered to the obligor and any other party, including the Title IV-D agency if appropriate.  On receipt of the affidavit, the court on its own motion shall order the obligor to make support payments to the conservator.
(b)  Notice of a motion for modification under this section may be served in the manner for serving a notice under Section 157.065.
Added by Acts 1999, 76th Leg., ch. 556, Sec. 14, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 14, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1289, Sec. 10, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 261 (H.B. 2231), Sec. 1, eff. May 30, 2005.
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 16, eff. September 1, 2007.
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 157 - Enforcement › Subchapter A. Pleadings and Defenses › Section 157.001. Motion for Enforcement

Sec. 157.001.  MOTION FOR ENFORCEMENT.  (a)  A motion for enforcement as provided in this chapter may be filed to enforce any provision of a temporary or final order rendered in a suit.
(b)  The court may enforce by contempt any provision of a temporary or final order.
(c)  The court may enforce a temporary or final order for child support as provided in this chapter or Chapter 158.
(d)  A motion for enforcement shall be filed in the court of continuing, exclusive jurisdiction.
(e)  For purposes of this section, "temporary order" includes a temporary restraining order, standing order, injunction, and any other temporary order rendered by a court.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1105 (H.B. 3121), Sec. 1, eff. September 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 157 - Enforcement › Subchapter A. Pleadings and Defenses › Section 157.002. Contents of Motion

Sec. 157.002.  CONTENTS OF MOTION.  (a)  A motion for enforcement must, in ordinary and concise language:
(1)  identify the provision of the order allegedly violated and sought to be enforced;
(2)  state the manner of the respondent's alleged noncompliance;
(3)  state the relief requested by the movant;  and
(4)  contain the signature of the movant or the movant's attorney.
(b)  A motion for enforcement of child support:
(1)  must include the amount owed as provided in the order, the amount paid, and the amount of arrearages;
(2)  if contempt is requested, must include the portion of the order allegedly violated and, for each date of alleged contempt, the amount due and the amount paid, if any;
(3)  may include as an attachment a copy of a record of child support payments maintained by the Title IV-D registry or a local registry;  and
(4)  if the obligor owes arrearages for a child receiving assistance under Part A of Title IV of the federal Social Security Act (42 U.S.C. Section 601 et seq.), may include a request that:
(A)  the obligor pay the arrearages in accordance with a plan approved by the court;  or
(B)  if the obligor is already subject to a plan and is not incapacitated, the obligor participate in work activities, as defined under 42 U.S.C. Section 607(d), that the court determines appropriate.
(c)  A motion for enforcement of the terms and conditions of conservatorship or possession of or access to a child must include the date, place, and, if applicable, the time of each occasion of the respondent's failure to comply with the order.
(d)  The movant is not required to plead that the underlying order is enforceable by contempt to obtain other appropriate enforcement remedies.
(e)  The movant may allege repeated past violations of the order and that future violations of a similar nature may occur before the date of the hearing.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 17, 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 157 - Enforcement › Subchapter A. Pleadings and Defenses › Section 157.003. Joinder of Claims and Remedies; No Election of Remedies

Sec. 157.003.  JOINDER OF CLAIMS AND REMEDIES;  NO ELECTION OF REMEDIES.  (a)  A party requesting enforcement may join in the same proceeding any claim and remedy provided for in this chapter, other provisions of this title, or other rules of law.
(b)  A motion for enforcement does not constitute an election of remedies that limits or precludes:
(1)  the use of any other civil or criminal proceeding to enforce a final order;  or
(2)  a suit for damages under Chapter 42.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.24, eff. Sept. 1, 1999.
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 157 - Enforcement › Subchapter A. Pleadings and Defenses › Section 157.004. Time Limitations; Enforcement of Possession

Sec. 157.004.  TIME LIMITATIONS;  ENFORCEMENT OF POSSESSION.  The court retains jurisdiction to render a contempt order for failure to comply with the order of possession and access if the motion for enforcement is filed not later than the sixth month after the date:
(1)  the child becomes an adult;  or
(2)  on which the right of possession and access terminates under the order or by operation of law.
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 157 - Enforcement › Subchapter A. Pleadings and Defenses › Section 157.005. Time Limitations; Enforcement of Child Support

Sec. 157.005.  TIME LIMITATIONS;  ENFORCEMENT OF CHILD SUPPORT.  (a)  The court retains jurisdiction to render a contempt order for failure to comply with the child support order if the motion for enforcement is filed not later than the second anniversary of the date:
(1)  the child becomes an adult; or
(2)  on which the child support obligation terminates under the order or by operation of law.
(b)  The court retains jurisdiction to confirm the total amount of child support, medical support, and dental support arrearages and render cumulative money judgments for past-due child support, medical support, and dental support, as provided by Section 157.263, if a motion requesting a money judgment is filed not later than the 10th anniversary after the date:
(1)  the child becomes an adult; or
(2)  on which the child support obligation terminates under the child support order or by operation of law.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 556, Sec. 15, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 916 (H.B. 260), Sec. 21, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 17, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 13, eff. June 19, 2009.
Acts 2021, 87th Leg., R.S., Ch. 552 (S.B. 286), Sec. 7, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 151 (S.B. 869), Sec. 6, eff. September 1, 2023.
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 157 - Enforcement › Subchapter A. Pleadings and Defenses › Section 157.006. Affirmative Defense to Motion for Enforcement

Sec. 157.006.  AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT.  (a)  The issue of the existence of an affirmative defense to a motion for enforcement does not arise unless evidence is admitted supporting the defense.
(b)  The respondent must prove the affirmative defense by a preponderance of the evidence.
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 157 - Enforcement › Subchapter A. Pleadings and Defenses › Section 157.007. Affirmative Defense to Motion for Enforcement of Possession or Access

Sec. 157.007.  AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT OF POSSESSION OR ACCESS.  (a)  The respondent may plead as an affirmative defense to contempt for failure to comply with an order for possession or access to a child that the movant voluntarily relinquished actual possession and control of the child.
(b)  The voluntary relinquishment must have been for the time encompassed by the court-ordered periods during which the respondent is alleged to have interfered.
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 157 - Enforcement › Subchapter A. Pleadings and Defenses › Section 157.008. Affirmative Defense to Motion for Enforcement of Child Support

Sec. 157.008.  AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT OF CHILD SUPPORT.  (a)  An obligor may plead as an affirmative defense in whole or in part to a motion for enforcement of child support that the obligee voluntarily relinquished to the obligor actual possession and control of a child.
(b)  The voluntary relinquishment must have been for a time period in excess of any court-ordered periods of possession of and access to the child and actual support must have been supplied by the obligor.
(c)  An obligor may plead as an affirmative defense to an allegation of contempt or of the violation of a condition of community service requiring payment of child support that the obligor:
(1)  lacked the ability to provide support in the amount ordered;
(2)  lacked property that could be sold, mortgaged, or otherwise pledged to raise the funds needed;
(3)  attempted unsuccessfully to borrow the funds needed;  and
(4)  knew of no source from which the money could have been borrowed or legally obtained.
(d)  An obligor who has provided actual support to the child during a time subject to an affirmative defense under this section may request reimbursement for that support as a counterclaim or offset against the claim of the obligee.
(e)  An action against the obligee for support supplied to a child is limited to the amount of periodic payments previously ordered by the court.
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 157 - Enforcement › Subchapter A. Pleadings and Defenses › Section 157.009. Credit for Payment of Disability Benefits

Sec. 157.009.  CREDIT FOR PAYMENT OF DISABILITY BENEFITS.  In addition to any other credit or offset available to an obligor under this title, if a child for whom the obligor owes child support receives a lump-sum payment as a result of the obligor's disability and that payment is made to the obligee as the representative payee of the child, the obligor is entitled to a credit.  The credit under this section is equal to the amount of the lump-sum payment and shall be applied only to any child support arrearage and interest owed by the obligor on behalf of that child at the time the payment is made.  The credit under this section may not be used to reduce the amount of a periodic child support obligation ordered under Chapter 154 that has not yet accrued.
Added by Acts 2009, 81st Leg., R.S., Ch. 538 (S.B. 1514), Sec. 1, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 14, eff. June 19, 2009.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 151 (S.B. 869), Sec. 7, eff. September 1, 2023.
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 157 - Enforcement › Subchapter B. Procedure › Section 157.061. Setting Hearing

Sec. 157.061.  SETTING HEARING.  (a)  On filing a motion for enforcement requesting contempt, the court shall set the date, time, and place of the hearing and order the respondent to personally appear and respond to the motion.
(b)  If the motion for enforcement does not request contempt, the court shall set the motion for hearing on the request of a party.
(c)  The court shall give preference to a motion for enforcement of child support in setting a hearing date and may not delay the hearing because a suit for modification of the order requested to be enforced has been or may be filed.
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 157 - Enforcement › Subchapter B. Procedure › Section 157.062. Notice of Hearing

Sec. 157.062.  NOTICE OF HEARING.  (a)  The notice of hearing must include the date, time, and place of the hearing.
(b)  The notice of hearing need not repeat the allegations contained in the motion for enforcement.
(c)  Notice of hearing on a motion for enforcement of a final order providing for child support or possession of or access to a child, any provision of a final order rendered against a party who has already appeared in a suit under this title, or any provision of a temporary order shall be given to the respondent by personal service of a copy of the motion and notice not later than the 10th day before the date of the hearing.  For purposes of this subsection, "temporary order" includes a temporary restraining order, standing order, injunction, and any other temporary order rendered by a court.
(d)  If a motion for enforcement of a final order, other than a final order rendered against a party who has already appeared in a suit under this title, is joined with another claim:
(1)  the hearing may not be held before 10 a.m. on the first Monday after the 20th day after the date of service; and
(2)  the provisions of the Texas Rules of Civil Procedure applicable to the filing of an original lawsuit apply.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 49, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1105 (H.B. 3121), Sec. 2, eff. September 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 157 - Enforcement › Subchapter B. Procedure › Section 157.063. Appearance

Sec. 157.063.  APPEARANCE.  A party makes a general appearance for all purposes in an enforcement proceeding if:
(1)  the party appears at the hearing or is present when the case is called;  and
(2)  the party does not object to the court's jurisdiction or the form or manner of the notice of hearing.
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 157 - Enforcement › Subchapter B. Procedure › Section 157.064. Special Exception

Sec. 157.064.  SPECIAL EXCEPTION.  (a)  If a respondent specially excepts to the motion for enforcement or moves to strike, the court shall rule on the exception or the motion to strike before it hears the motion for enforcement.
(b)  If an exception is sustained, the court shall give the movant an opportunity to replead and continue the hearing to a designated date and time without the requirement of additional service.
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 157 - Enforcement › Subchapter B. Procedure › Section 157.065. Notice of Hearing, First Class Mail

Sec. 157.065.  NOTICE OF HEARING, FIRST CLASS MAIL.  (a)  If a party has been ordered under Chapter 105 to provide the court and the state case registry with the party's current mailing address, notice of a hearing on a motion for enforcement of a final order or on a request for a court order implementing a postjudgment remedy for the collection of child support may be served by mailing a copy of the notice to the respondent, together with a copy of the motion or request, by first class mail to the last mailing address of the respondent on file with the court and the registry.
(b)  The notice may be sent by the clerk of the court, the attorney for the movant or party requesting a court order, or any person entitled to the address information as provided in Chapter 105.
(c)  A person who sends the notice shall file of record a certificate of service showing the date of mailing and the name of the person who sent the notice.
(d)  Repealed by Acts 1997, 75th Leg., ch. 911, Sec. 97(a), eff. Sept. 1, 1997.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 18, 97(a), eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 18, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 859 (S.B. 1726), Sec. 5, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1105 (H.B. 3121), Sec. 3, eff. September 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 157 - Enforcement › Subchapter B. Procedure › Section 157.066. Failure to Appear

Sec. 157.066.  FAILURE TO APPEAR.  If a respondent who has been personally served with notice to appear at a hearing does not appear at the designated time, place, and date to respond to a motion for enforcement of an existing court order, regardless of whether the motion is joined with other claims or remedies, the court may not hold the respondent in contempt but may, on proper proof, grant a default judgment for the relief sought and issue a capias for the arrest of the respondent.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 50, eff. Sept. 1, 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 157 - Enforcement › Subchapter C. Failure to Appear; Bond or Security › Section 157.101. Bond or Security for Release of Respondent

Sec. 157.101.  BOND OR SECURITY FOR RELEASE OF RESPONDENT.  (a)  When the court orders the issuance of a capias as provided in this chapter, the court shall also set an appearance bond or security, payable to the obligee or to a person designated by the court, in a reasonable amount.
(b)  An appearance bond or security in the amount of $1,000 or a cash bond in the amount of $250 is presumed to be reasonable.  Evidence that the respondent has attempted to evade service of process, has previously been found guilty of contempt, or has accrued arrearages over $1,000 is sufficient to rebut the presumption.  If the presumption is rebutted, the court shall set a reasonable bond.
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 157 - Enforcement › Subchapter C. Failure to Appear; Bond or Security › Section 157.102. Capias or Warrant; Duty of Law Enforcement Officials

Sec. 157.102.  CAPIAS OR WARRANT; DUTY OF LAW ENFORCEMENT OFFICIALS.  Law enforcement officials shall treat a capias or arrest warrant ordered under this chapter in the same manner as an arrest warrant for a criminal offense and shall enter the capias or warrant in the computer records for outstanding warrants maintained by the local police, sheriff, and Department of Public Safety.  The capias or warrant shall be forwarded to and disseminated by the Texas Crime Information Center and the National Crime Information Center.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 702, Sec. 3, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 556, Sec. 16, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 19, eff. September 1, 2007.