By Thompson of Harris H.B. No. 831
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Uniform Interstate Family Support Act.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 21, Family Code, is amended to read as
1-5 follows:
1-6 CHAPTER 21. <REVISED> UNIFORM INTERSTATE FAMILY <RECIPROCAL
1-7 ENFORCEMENT OF> SUPPORT ACT
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 21.01. DEFINITIONS. In this chapter:
1-10 (1) "Child" means an individual, whether over or under
1-11 the age of majority, who is or is alleged to be owed a duty of
1-12 support by the individual's parent or who is or is alleged to be
1-13 the beneficiary of a support order directed to the parent.
1-14 (2) "Child support order" means a support order for a
1-15 child, including a child who has attained the age of majority under
1-16 the law of the issuing state.
1-17 (3) "Duty of support" means an obligation imposed or
1-18 imposable by law to provide support for a child, spouse, or former
1-19 spouse, including an unsatisfied obligation to provide support.
1-20 (4) "Home state" means the state in which a child
1-21 lived with a parent or a person acting as parent for at least six
1-22 consecutive months immediately preceding the time of filing of a
1-23 petition or comparable pleading for support and, if a child is less
1-24 than six months old, the state in which the child lived from birth
2-1 with any of them. A period of temporary absence of any of them is
2-2 counted as part of the six-month or other period.
2-3 (5) "Income" includes earnings or other periodic
2-4 entitlements to money from any source and any other property
2-5 subject to withholding for support under the law of this state.
2-6 (6) "Income-withholding order" means an order or other
2-7 legal process directed to an obligor's employer, as provided by
2-8 Section 14.43 of this code, to withhold support from the income of
2-9 the obligor.
2-10 (7) "Initiating state" means a state in which a
2-11 proceeding under this chapter or a law substantially similar to
2-12 this chapter, the Uniform Reciprocal Enforcement of Support Act, or
2-13 the Revised Uniform Reciprocal Enforcement of Support Act is filed
2-14 for forwarding to a responding state.
2-15 (8) "Initiating tribunal" means the authorized
2-16 tribunal in an initiating state.
2-17 (9) "Issuing state" means the state in which a
2-18 tribunal issues a support order or renders a judgment determining
2-19 parentage.
2-20 (10) "Issuing tribunal" means the tribunal that issues
2-21 a support order or renders a judgment determining parentage.
2-22 (11) "Law" includes decisional and statutory law and
2-23 rules and regulations having the force of law.
2-24 (12) "Obligee" means:
2-25 (A) an individual to whom a duty of support is
2-26 or is alleged to be owed or in whose favor a support order has been
2-27 issued or a judgment determining parentage has been rendered;
3-1 (B) a state or political subdivision to which
3-2 the rights under a duty of support or support order have been
3-3 assigned or that has independent claims based on financial
3-4 assistance provided to an individual obligee; or
3-5 (C) an individual seeking a judgment determining
3-6 parentage of the individual's child.
3-7 (13) "Obligor" means an individual, or the estate of a
3-8 decedent:
3-9 (A) who owes or is alleged to owe a duty of
3-10 support;
3-11 (B) who is alleged but has not been adjudicated
3-12 to be a parent of a child; or
3-13 (C) who is liable under a support order.
3-14 (14) "Register" means to file a support order or
3-15 judgment determining parentage in the registry of foreign support
3-16 orders.
3-17 (15) "Registering tribunal" means a tribunal in which
3-18 a support order is registered.
3-19 (16) "Responding state" means a state to which a
3-20 proceeding is forwarded under this chapter or a law substantially
3-21 similar to this chapter, the Uniform Reciprocal Enforcement of
3-22 Support Act, or the Revised Uniform Reciprocal Enforcement of
3-23 Support Act.
3-24 (17) "Responding tribunal" means the authorized
3-25 tribunal in a responding state.
3-26 (18) "Spousal-support order" means a support order for
3-27 a spouse or former spouse of the obligor.
4-1 (19) "State" means a state of the United States, the
4-2 District of Columbia, the Commonwealth of Puerto Rico, or any
4-3 territory or insular possession subject to the jurisdiction of the
4-4 United States. The term "state" includes an Indian tribe and
4-5 includes a foreign jurisdiction that has established procedures for
4-6 issuance and enforcement of support orders that are substantially
4-7 similar to the procedures under this chapter.
4-8 (20) "Support enforcement agency" means a public
4-9 official or agency authorized to seek:
4-10 (A) enforcement of support orders or laws
4-11 relating to the duty of support;
4-12 (B) establishment or modification of child
4-13 support;
4-14 (C) determination of parentage; or
4-15 (D) to locate obligors or their assets.
4-16 "Support enforcement agency" does not include a domestic
4-17 relations office unless that office has entered into a cooperative
4-18 agreement with the office of the attorney general to perform duties
4-19 under this chapter.
4-20 (21) "Support order" means a judgment, decree, or
4-21 order, whether temporary, final, or subject to modification, for
4-22 the benefit of a child, a spouse, or a former spouse, that provides
4-23 for monetary support, health care, arrearages, or reimbursement,
4-24 and may include related costs and fees, interest, income
4-25 withholding, attorney's fees, and other relief.
4-26 (22) "Tribunal" means a court, administrative agency,
4-27 or quasi-judicial entity authorized to establish, enforce, or
5-1 modify support orders or to determine parentage.
5-2 Sec. 21.02. TRIBUNAL OF THIS STATE. The court is the
5-3 tribunal of this state.
5-4 Sec. 21.03. REMEDIES CUMULATIVE. Remedies provided by this
5-5 chapter are cumulative and do not affect the availability of
5-6 remedies under other law.
5-7 SUBCHAPTER B. JURISDICTION
5-8 Sec. 21.04. BASES FOR JURISDICTION OVER NONRESIDENT. In a
5-9 proceeding to establish, enforce, or modify a support order or to
5-10 determine parentage, a tribunal of this state may exercise personal
5-11 jurisdiction over a nonresident individual or the individual's
5-12 guardian or conservator if:
5-13 (1) the individual is personally served with citation
5-14 within this state;
5-15 (2) the individual submits to the jurisdiction of this
5-16 state by consent, by entering a general appearance, or by filing a
5-17 responsive document having the effect of waiving any contest to
5-18 personal jurisdiction;
5-19 (3) the individual resided with the child in this
5-20 state;
5-21 (4) the individual resided in this state and provided
5-22 prenatal expenses or support for the child;
5-23 (5) the child resides in this state as a result of the
5-24 acts or directives of the individual;
5-25 (6) the individual engaged in sexual intercourse in
5-26 this state and the child may have been conceived by that act of
5-27 intercourse; or
6-1 (7) there is any other basis consistent with the
6-2 constitutions of this state and the United States for the exercise
6-3 of personal jurisdiction.
6-4 Sec. 21.05. PROCEDURE WHEN EXERCISING JURISDICTION OVER
6-5 NONRESIDENT. A tribunal of this state exercising personal
6-6 jurisdiction over a nonresident under Section 21.04 of this code
6-7 may apply Section 21.28 of this code to receive evidence from
6-8 another state and Section 21.30 of this code to obtain discovery
6-9 through a tribunal of another state. In all other respects,
6-10 Subchapters C through G of this chapter do not apply and the
6-11 tribunal shall apply the procedural and substantive law of this
6-12 state, including the rules on choice of law other than those
6-13 established by this chapter.
6-14 Sec. 21.06. INITIATING AND RESPONDING TRIBUNAL OF THIS
6-15 STATE. Under this chapter, a tribunal of this state may serve as
6-16 an initiating tribunal to forward proceedings to another state and
6-17 as a responding tribunal for proceedings initiated in another
6-18 state.
6-19 Sec. 21.07. SIMULTANEOUS PROCEEDINGS IN ANOTHER STATE.
6-20 (a) A tribunal of this state may exercise jurisdiction to
6-21 establish a support order if the petition or comparable pleading is
6-22 filed after a pleading is filed in another state only if:
6-23 (1) the petition or comparable pleading in this state
6-24 is filed before the expiration of the time allowed in the other
6-25 state for filing a responsive pleading challenging the exercise of
6-26 jurisdiction by the other state;
6-27 (2) the contesting party timely challenges the
7-1 exercise of jurisdiction in the other state; and
7-2 (3) if relevant, this state is the home state of the
7-3 child.
7-4 (b) A tribunal of this state may not exercise jurisdiction
7-5 to establish a support order if the petition or comparable pleading
7-6 is filed before a petition or comparable pleading is filed in
7-7 another state if:
7-8 (1) the petition or comparable pleading in the other
7-9 state is filed before the expiration of the time allowed in this
7-10 state for filing a responsive pleading challenging the exercise of
7-11 jurisdiction by this state;
7-12 (2) the contesting party timely challenges the
7-13 exercise of jurisdiction in this state; and
7-14 (3) if relevant, the other state is the home state of
7-15 the child.
7-16 Sec. 21.08. CONTINUING, EXCLUSIVE JURISDICTION. (a) A
7-17 tribunal of this state issuing a support order consistent with the
7-18 law of this state has continuing, exclusive jurisdiction over a
7-19 child support order:
7-20 (1) as long as this state remains the residence of the
7-21 obligor, the individual obligee, or the child for whose benefit the
7-22 support order is issued; or
7-23 (2) until each individual party has filed written
7-24 consent with the tribunal of this state for a tribunal of another
7-25 state to modify the order and assume continuing, exclusive
7-26 jurisdiction.
7-27 (b) A tribunal of this state issuing a child support order
8-1 consistent with the law of this state may not exercise its
8-2 continuing jurisdiction to modify the order if the order has been
8-3 modified by a tribunal of another state pursuant to a law
8-4 substantially similar to this chapter.
8-5 (c) If a child support order of this state is modified by a
8-6 tribunal of another state pursuant to a law substantially similar
8-7 to this chapter, a tribunal of this state loses its continuing,
8-8 exclusive jurisdiction with regard to prospective enforcement of
8-9 the order issued in this state, and may only:
8-10 (1) enforce the order that was modified as to amounts
8-11 accruing before the modification;
8-12 (2) enforce nonmodifiable aspects of that order; and
8-13 (3) provide other appropriate relief for violations of
8-14 that order that occurred before the effective date of the
8-15 modification.
8-16 (d) A tribunal of this state shall recognize the continuing,
8-17 exclusive jurisdiction of a tribunal of another state that issued a
8-18 child support order pursuant to a law substantially similar to this
8-19 chapter.
8-20 (e) A temporary support order issued ex parte or pending
8-21 resolution of a jurisdictional conflict does not create continuing,
8-22 exclusive jurisdiction in the issuing tribunal.
8-23 (f) A tribunal of this state issuing a support order
8-24 consistent with the law of this state has continuing, exclusive
8-25 jurisdiction over a spousal support order throughout the existence
8-26 of the support obligation. A tribunal of this state may not modify
8-27 a spousal support order issued by a tribunal of another state
9-1 having continuing, exclusive jurisdiction over that order under the
9-2 law of that state.
9-3 Sec. 21.09. ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER BY
9-4 TRIBUNAL HAVING CONTINUING JURISDICTION. (a) A tribunal of this
9-5 state may serve as an initiating tribunal to request a tribunal of
9-6 another state to enforce or modify a support order issued in that
9-7 state.
9-8 (b) A tribunal of this state having continuing, exclusive
9-9 jurisdiction over a support order may act as a responding tribunal
9-10 to enforce or modify the order. If a party subject to the
9-11 tribunal's continuing, exclusive jurisdiction of the tribunal no
9-12 longer resides in the issuing state, in subsequent proceedings the
9-13 tribunal may apply Section 21.28 of this code to receive evidence
9-14 from another state and Section 21.30 of this code to obtain
9-15 discovery through a tribunal of another state.
9-16 (c) A tribunal of this state that lacks continuing,
9-17 exclusive jurisdiction over a spousal support order may not serve
9-18 as a responding tribunal to modify a spousal support order of
9-19 another state.
9-20 Sec. 21.10. RECOGNITION OF CHILD SUPPORT ORDERS. (a) If a
9-21 proceeding is brought under this chapter, and one or more child
9-22 support orders have been issued in this or another state with
9-23 regard to an obligor and a child, a tribunal of this state shall
9-24 apply the following rules in determining which order to recognize
9-25 for purposes of continuing, exclusive jurisdiction:
9-26 (1) if only one tribunal has issued a child support
9-27 order, the order of that tribunal must be recognized;
10-1 (2) if two or more tribunals have issued child support
10-2 orders for the same obligor and child, and only one of the
10-3 tribunals would have continuing, exclusive jurisdiction under this
10-4 chapter, the order of that tribunal must be recognized;
10-5 (3) if two or more tribunals have issued child support
10-6 orders for the same obligor and child, and more than one of the
10-7 tribunals would have continuing, exclusive jurisdiction under this
10-8 chapter, an order issued by a tribunal in the current home state of
10-9 the child must be recognized, but if an order has not been issued
10-10 in the current home state of the child, the order most recently
10-11 issued must be recognized; and
10-12 (4) if two or more tribunals have issued child support
10-13 orders for the same obligor and child, and none of the tribunals
10-14 would have continuing, exclusive jurisdiction under this chapter,
10-15 the tribunal of this state may issue a child support order, which
10-16 must be recognized.
10-17 (b) The tribunal that has issued an order recognized under
10-18 Subsection (a) of this section is the tribunal having continuing,
10-19 exclusive jurisdiction.
10-20 Sec. 21.11. MULTIPLE CHILD SUPPORT ORDERS FOR TWO OR MORE
10-21 OBLIGEES. In responding to multiple registrations or petitions
10-22 for enforcement of two or more child support orders in effect at
10-23 the same time with regard to the same obligor and different
10-24 individual obligees, at least one of which was issued by a tribunal
10-25 of another state, a tribunal of this state shall enforce those
10-26 orders in the same manner as if the multiple orders had been issued
10-27 by a tribunal of this state.
11-1 Sec. 21.12. CREDIT FOR PAYMENTS. Amounts collected and
11-2 credited for a particular period pursuant to a support order issued
11-3 by a tribunal of another state must be credited against the amounts
11-4 accruing or accrued for the same period under a support order
11-5 issued by the tribunal of this state.
11-6 SUBCHAPTER C. CIVIL PROVISIONS OF GENERAL APPLICATION
11-7 Sec. 21.13. PROCEEDINGS UNDER THIS CHAPTER. (a) Except as
11-8 otherwise provided in this chapter, this subchapter applies to all
11-9 proceedings under this chapter.
11-10 (b) This chapter provides for the following proceedings:
11-11 (1) establishment of an order for spousal support or
11-12 child support pursuant to Subchapter D of this chapter;
11-13 (2) enforcement of a support order and
11-14 income-withholding order of another state without registration
11-15 pursuant to Subchapter E of this chapter;
11-16 (3) registration of an order for spousal support or
11-17 child support of another state for enforcement pursuant to
11-18 Subchapter F of this chapter;
11-19 (4) modification of an order for child support or
11-20 spousal support issued by a tribunal of this state pursuant to
11-21 Sections 21.06 through 21.08 of this code;
11-22 (5) registration of an order for child support of
11-23 another state for modification pursuant to Subchapter F of this
11-24 chapter;
11-25 (6) determination of parentage pursuant to Subchapter
11-26 G of this chapter; and
11-27 (7) assertion of jurisdiction over nonresidents
12-1 pursuant to Sections 21.04 and 21.05 of this code.
12-2 (c) An individual or a support enforcement agency may
12-3 commence a proceeding authorized under this chapter by filing a
12-4 petition in an initiating tribunal for forwarding to a responding
12-5 tribunal or by filing a petition or a comparable pleading directly
12-6 in a tribunal of another state that has or can obtain personal
12-7 jurisdiction over the respondent.
12-8 Sec. 21.14. ACTION BY MINOR PARENT. A minor parent, or a
12-9 guardian or other legal representative of a minor parent, may
12-10 maintain a proceeding on behalf of or for the benefit of the
12-11 minor's child.
12-12 Sec. 21.15. APPLICATION OF LAW OF THIS STATE. Except as
12-13 otherwise provided by this chapter, a responding tribunal of this
12-14 state:
12-15 (1) shall apply the procedural and substantive law,
12-16 including the rules on choice of law, generally applicable to
12-17 similar proceedings originating in this state and may exercise all
12-18 powers and provide all remedies available in those proceedings; and
12-19 (2) shall determine the duty of support and the amount
12-20 payable in accordance with the law and support guidelines of this
12-21 state.
12-22 Sec. 21.16. DUTIES OF INITIATING TRIBUNAL. Upon the filing
12-23 of a petition authorized by this chapter, an initiating tribunal of
12-24 this state shall forward three copies of the petition and its
12-25 accompanying documents:
12-26 (1) to the responding tribunal or appropriate support
12-27 enforcement agency in the responding state; or
13-1 (2) if the identity of the responding tribunal is
13-2 unknown, to the state information agency of the responding state
13-3 with a request that they be forwarded to the appropriate tribunal
13-4 and that receipt be acknowledged.
13-5 Sec. 21.17. DUTIES AND POWERS OF RESPONDING TRIBUNAL.
13-6 (a) When a responding tribunal of this state receives a petition
13-7 or comparable pleading from an initiating tribunal or directly
13-8 pursuant to Section 21.13(c) of this code, it shall cause the
13-9 petition or pleading to be filed and notify the petitioner by first
13-10 class mail where and when it was filed.
13-11 (b) A responding tribunal of this state, to the extent
13-12 otherwise authorized by law, may do one or more of the following:
13-13 (1) issue or enforce a support order, modify a child
13-14 support order, or render a judgment to determine parentage;
13-15 (2) order an obligor to comply with a support order,
13-16 specifying the amount and the manner of compliance;
13-17 (3) order income withholding;
13-18 (4) determine the amount of any arrearages, and
13-19 specify a method of payment;
13-20 (5) enforce orders by civil or criminal contempt, or
13-21 both;
13-22 (6) set aside property for satisfaction of the support
13-23 order;
13-24 (7) place liens and order execution on the obligor's
13-25 property provided, however, such liens shall not arise or attach to
13-26 real property until recorded in the real property records of the
13-27 county where the real property of the obligor is located and shall
14-1 be subordinate to the rights of prior bona fide purchasers and
14-2 lienholders on the real property;
14-3 (8) order an obligor to keep the tribunal informed of
14-4 the obligor's current residential address, telephone number,
14-5 employer, address of employment, and telephone number at the place
14-6 of employment;
14-7 (9) issue a bench warrant or capias for an obligor who
14-8 has failed after proper notice to appear at a hearing ordered by
14-9 the tribunal and enter the bench warrant or capias in any local and
14-10 state computer systems for criminal warrants;
14-11 (10) order the obligor to seek appropriate employment
14-12 by specified methods;
14-13 (11) award reasonable attorney's fees and other fees
14-14 and costs; and
14-15 (12) grant any other available remedy.
14-16 (c) A responding tribunal of this state shall include in a
14-17 support order issued under this chapter, or in the documents
14-18 accompanying the order, the calculations on which the support order
14-19 is based.
14-20 (d) A responding tribunal of this state may not condition
14-21 the payment of a support order issued under this chapter on
14-22 compliance by a party with provisions for visitation.
14-23 (e) If a responding tribunal of this state issues an order
14-24 under this chapter, the tribunal shall send a copy of the order by
14-25 first class mail to the petitioner and the respondent and to the
14-26 initiating tribunal, if any.
14-27 Sec. 21.18. INAPPROPRIATE TRIBUNAL. If a petition or
15-1 comparable pleading is received by an inappropriate tribunal of
15-2 this state, it shall forward the pleading and accompanying
15-3 documents to an appropriate tribunal in this state or another state
15-4 and notify the petitioner by first class mail where and when the
15-5 pleading was sent.
15-6 Sec. 21.19. DUTIES OF SUPPORT ENFORCEMENT AGENCY. (a) A
15-7 support enforcement agency of this state, on request, shall provide
15-8 services to a petitioner in a proceeding under this chapter.
15-9 (b) A support enforcement agency that is providing services
15-10 to the petitioner as appropriate shall:
15-11 (1) take all steps necessary to enable an appropriate
15-12 tribunal in this state or another state to obtain jurisdiction over
15-13 the respondent;
15-14 (2) request an appropriate tribunal to set a date,
15-15 time, and place for a hearing;
15-16 (3) make a reasonable effort to obtain all relevant
15-17 information, including information as to income and property of the
15-18 parties;
15-19 (4) within two days, exclusive of Saturdays, Sundays,
15-20 and legal holidays, after receipt of a written notice from an
15-21 initiating, responding, or registering tribunal, send a copy of the
15-22 notice by first class mail to the petitioner;
15-23 (5) within two days, exclusive of Saturdays, Sundays,
15-24 and legal holidays, after receipt of a written communication from
15-25 the respondent or the respondent's attorney, send a copy of the
15-26 communication by first class mail to the petitioner; and
15-27 (6) notify the petitioner if jurisdiction over the
16-1 respondent cannot be obtained.
16-2 (c) This chapter does not create or negate a relationship of
16-3 attorney and client or other fiduciary relationship between a
16-4 support enforcement agency or the attorney for the agency and the
16-5 individual being assisted by the agency.
16-6 Sec. 21.20. DUTY OF ATTORNEY GENERAL. If the attorney
16-7 general determines that the support enforcement agency is
16-8 neglecting or refusing to provide services to an individual, the
16-9 attorney general may order the agency to perform its duties under
16-10 this chapter or may provide those services directly to the
16-11 individual.
16-12 Sec. 21.21. PRIVATE COUNSEL. An individual may employ
16-13 private counsel to represent the individual in proceedings
16-14 authorized by this chapter.
16-15 Sec. 21.22. DUTIES OF STATE INFORMATION AGENCY. (a) The
16-16 attorney general's office is the state information agency under
16-17 this chapter.
16-18 (b) The state information agency shall:
16-19 (1) compile and maintain a current list, including
16-20 addresses, of the tribunals in this state that have jurisdiction
16-21 under this chapter and any support enforcement agencies in this
16-22 state and transmit a copy to the state information agency of every
16-23 other state;
16-24 (2) maintain a register of tribunals and support
16-25 enforcement agencies received from other states;
16-26 (3) forward to the appropriate tribunal in the place
16-27 in this state where the individual obligee or the obligor resides,
17-1 or where the obligor's property is believed to be located, all
17-2 documents concerning a proceeding under this chapter received from
17-3 an initiating tribunal or the state information agency of the
17-4 initiating state; and
17-5 (4) obtain information concerning the location of the
17-6 obligor and the obligor's property within this state not exempt
17-7 from execution, by such means as postal verification and federal or
17-8 state locator services, examination of telephone directories,
17-9 requests for the obligor's address from employers, and examination
17-10 of governmental records, including, to the extent not prohibited by
17-11 other law, those relating to real property, vital statistics, law
17-12 enforcement, taxation, motor vehicles, driver's licenses, and
17-13 social security.
17-14 Sec. 21.23. PLEADINGS AND ACCOMPANYING DOCUMENTS. (a) A
17-15 petitioner seeking to establish or modify a support order or to
17-16 determine parentage in a proceeding under this chapter must verify
17-17 the petition. Unless otherwise ordered under Section 21.24 of this
17-18 code, the petition or accompanying documents must provide, so far
17-19 as known, the name, residential address, and social security
17-20 numbers of the obligor and the obligee, and the name, sex,
17-21 residential address, social security number, and date of birth of
17-22 each child for whom support is sought. The petition must be
17-23 accompanied by a certified copy of any support order in effect.
17-24 The petition may include any other information that may assist in
17-25 locating or identifying the respondent.
17-26 (b) The petition must specify the relief sought. The
17-27 petition and accompanying documents must conform substantially with
18-1 the requirements imposed by the forms mandated by federal law for
18-2 use in cases filed by a support enforcement agency.
18-3 Sec. 21.24. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL
18-4 CIRCUMSTANCES. On a finding, which may be made ex parte, that the
18-5 health, safety, or liberty of a party or child would be
18-6 unreasonably put at risk by the disclosure of identifying
18-7 information, or if an existing order so provides, a tribunal shall
18-8 order that the address of the child or party or other identifying
18-9 information not be disclosed in a pleading or other document filed
18-10 in a proceeding under this chapter.
18-11 Sec. 21.25. COSTS AND FEES. (a) An initiating court may
18-12 require payment of either a filing fee or other costs from the
18-13 obligee and may request the responding court to collect fees and
18-14 costs from the obligor. The clerk of the responding court may
18-15 require payment of a filing fee or other costs from the obligee.
18-16 (b) If an obligee prevails, a responding tribunal may
18-17 assess against an obligor filing fees, reasonable attorney's fees,
18-18 other costs, and necessary travel and other reasonable expenses
18-19 incurred by the obligee and the obligee's witnesses. The tribunal
18-20 may not assess fees, costs, or expenses against the obligee or the
18-21 support enforcement agency of either the initiating or the
18-22 responding state, except as provided by other law. Attorney's fees
18-23 may be taxed as costs, and may be ordered paid directly to the
18-24 attorney, who may enforce the order in the attorney's own name.
18-25 Payment of support owed to the obligee has priority over fees,
18-26 costs and expenses.
18-27 (c) The tribunal shall order the payment of costs and
19-1 reasonable attorney's fees if it determines that a hearing was
19-2 requested primarily for delay. In a proceeding under Subchapter F
19-3 of this code, a hearing is presumed to have been requested
19-4 primarily for delay if a registered support order is confirmed or
19-5 enforced without change.
19-6 Sec. 21.26. LIMITED IMMUNITY OF PETITIONER. (a)
19-7 Participation by a petitioner in a proceeding before a responding
19-8 tribunal, whether in person, by private attorney, or through
19-9 services provided by the support enforcement agency, does not
19-10 confer personal jurisdiction over the petitioner in another
19-11 proceeding.
19-12 (b) A petitioner is not amenable to service of civil process
19-13 while physically present in this state to participate in a
19-14 proceeding under this chapter.
19-15 (c) The immunity granted by this section does not extend to
19-16 civil litigation based on acts unrelated to a proceeding under this
19-17 chapter committed by a party while present in this state to
19-18 participate in the proceeding.
19-19 Sec. 21.27. NONPARENTAGE AS DEFENSE. A party whose
19-20 parentage of a child has been previously determined by or pursuant
19-21 to law may not plead nonparentage as a defense to a proceeding
19-22 under this chapter.
19-23 Sec. 21.28. SPECIAL RULES OF EVIDENCE AND PROCEDURE. (a)
19-24 The physical presence of the petitioner in a responding tribunal of
19-25 this state is not required for the establishment, enforcement, or
19-26 modification of a support order or the rendition of a judgment
19-27 determining parentage.
20-1 (b) A verified petition, affidavit, document substantially
20-2 complying with federally mandated forms, and a document
20-3 incorporated by reference in any of them, not excluded under the
20-4 hearsay rule if given in person, is admissible in evidence if given
20-5 under oath by a party or witness residing in another state.
20-6 (c) A copy of the record of child support payments certified
20-7 as a true copy of the original by the custodian of the record may
20-8 be forwarded to a responding tribunal. The copy is evidence of
20-9 facts asserted in it, and is admissible to show whether payments
20-10 were made.
20-11 (d) Copies of bills for testing for parentage, and for
20-12 prenatal and postnatal health care of the mother and child,
20-13 furnished to the adverse party at least 10 days before trial, are
20-14 admissible in evidence to prove the amount of the charges billed
20-15 and that the charges were reasonable, necessary, and customary.
20-16 (e) Documentary evidence transmitted from another state to a
20-17 tribunal of this state by telephone, telecopier, or other means
20-18 that do not provide an original writing may not be excluded from
20-19 evidence on an objection based on the means of transmission.
20-20 (f) In a proceeding under this chapter, a tribunal of this
20-21 state may permit a party or witness residing in another state to be
20-22 deposed or to testify by telephone, audiovisual means, or other
20-23 electronic means at a designated tribunal or other location in that
20-24 state. A tribunal of this state shall cooperate with tribunals of
20-25 other states in designating an appropriate location for the
20-26 deposition or testimony.
20-27 (g) If a party called to testify at a civil hearing refuses
21-1 to answer on the ground that the testimony may be
21-2 self-incriminating, the trier of fact may draw an adverse inference
21-3 from the refusal.
21-4 (h) A privilege against disclosure of communications between
21-5 spouses does not apply in a proceeding under this chapter.
21-6 (i) The defense of immunity based on the relationship of
21-7 husband and wife or parent and child does not apply in a proceeding
21-8 under this chapter.
21-9 Sec. 21.29. COMMUNICATIONS BETWEEN TRIBUNALS. A tribunal of
21-10 this state may communicate with a tribunal of another state in
21-11 writing, or by telephone or other means, to obtain information
21-12 concerning the laws of that state, the legal effect of a judgment,
21-13 decree, or order of that tribunal, and the status of a proceeding
21-14 in the other state. A tribunal of this state may furnish similar
21-15 information by similar means to a tribunal of another state.
21-16 Sec. 21.30. ASSISTANCE WITH DISCOVERY. A tribunal of this
21-17 state may:
21-18 (1) request a tribunal of another state to assist in
21-19 obtaining discovery; and
21-20 (2) on request, compel a person over whom it has
21-21 jurisdiction to respond to a discovery order issued by a tribunal
21-22 of another state.
21-23 Sec. 21.31. RECEIPT AND DISBURSEMENT OF PAYMENTS. A
21-24 support enforcement agency or tribunal of this state shall disburse
21-25 promptly any amounts received pursuant to a support order, as
21-26 directed by the order. The agency or tribunal shall furnish to a
21-27 requesting party or tribunal of another state a certified statement
22-1 by the custodian of the record of the amounts and dates of all
22-2 payments received.
22-3 SUBCHAPTER D. ESTABLISHMENT OF SUPPORT ORDER
22-4 Sec. 21.32. PETITION TO ESTABLISH SUPPORT ORDER. (a) If a
22-5 support order entitled to recognition under this chapter has not
22-6 been issued, a responding tribunal of this state may issue a
22-7 support order if:
22-8 (1) the individual seeking the order resides in
22-9 another state; or
22-10 (2) the support enforcement agency seeking the order
22-11 is located in another state.
22-12 (b) The tribunal may issue a temporary child support order
22-13 if:
22-14 (1) the respondent has signed a verified statement
22-15 acknowledging parentage;
22-16 (2) the respondent has been determined by or pursuant
22-17 to law to be the parent; or
22-18 (3) there is other clear and convincing evidence that
22-19 the respondent is the child's parent.
22-20 (c) On finding, after notice and opportunity to be heard,
22-21 that an obligor owes a duty of support, the tribunal shall issue a
22-22 support order directed to the obligor and may issue other orders
22-23 pursuant to Section 21.17 of this code.
22-24 SUBCHAPTER E. DIRECT ENFORCEMENT OF ORDER OF ANOTHER
22-25 STATE WITHOUT REGISTRATION
22-26 Sec. 21.33. RECOGNITION OF INCOME-WITHHOLDING ORDER OF
22-27 ANOTHER STATE. (a) An income-withholding order issued in another
23-1 state may be sent by first class mail to the obligor's employer
23-2 under Section 14.43 of this code without first filing a petition or
23-3 comparable pleading or registering the order with a tribunal of
23-4 this state. On receipt of the order, the employer shall:
23-5 (1) treat an income-withholding order issued in
23-6 another state that appears regular on its face as if it had been
23-7 issued by a tribunal of this state;
23-8 (2) immediately provide a copy of the order to the
23-9 obligor; and
23-10 (3) distribute the funds as directed in the
23-11 withholding order.
23-12 (b) An obligor may contest the validity or enforcement of an
23-13 income-withholding order issued in another state in the same manner
23-14 as if the order had been issued by a tribunal of this state.
23-15 Section 21.38 of this code applies to the contest. The obligor
23-16 shall give notice of the contest to any support enforcement agency
23-17 providing services to the obligee and to:
23-18 (1) the person or agency designated to receive
23-19 payments in the income-withholding order; or
23-20 (2) if no person or agency is designated, the obligee.
23-21 Sec. 21.34. ADMINISTRATIVE ENFORCEMENT OF ORDERS. (a) A
23-22 party seeking to enforce a support order or an income-withholding
23-23 order, or both, issued by a tribunal of another state may send the
23-24 documents required for registering the order to a support
23-25 enforcement agency of this state.
23-26 (b) On receipt of the documents, the support enforcement
23-27 agency, without initially seeking to register the order, shall
24-1 consider and, if appropriate, use any administrative procedure
24-2 authorized by the law of this state to enforce a support order or
24-3 an income-withholding order, or both. If the obligor does not
24-4 contest administrative enforcement, the order need not be
24-5 registered. If the obligor contests the validity or administrative
24-6 enforcement of the order, the support enforcement agency shall
24-7 register the order pursuant to this chapter.
24-8 SUBCHAPTER F. ENFORCEMENT AND MODIFICATION OF
24-9 SUPPORT ORDER AFTER REGISTRATION
24-10 Sec. 21.35. REGISTRATION OF ORDER FOR ENFORCEMENT. A
24-11 support order or an income-withholding order issued by a tribunal
24-12 of another state may be registered in this state for enforcement.
24-13 Sec. 21.36. PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT.
24-14 (a) A support order or income-withholding order of another state
24-15 may be registered in this state by sending the following documents
24-16 and information to the appropriate tribunal in this state:
24-17 (1) a letter of transmittal to the tribunal requesting
24-18 registration and enforcement;
24-19 (2) two copies, including one certified copy, of all
24-20 orders to be registered, including any modification of an order;
24-21 (3) a sworn statement by the party seeking
24-22 registration or a certified statement by the custodian of the
24-23 records showing the amount of any arrearage;
24-24 (4) the name of the obligor and, if known:
24-25 (A) the obligor's address and social security
24-26 number;
24-27 (B) the name and address of the obligor's
25-1 employer and any other source of income of the obligor; and
25-2 (C) a description and the location of property
25-3 of the obligor in this state not exempt from execution; and
25-4 (5) the name and address of the obligee and, if
25-5 applicable, the agency or person to whom support payments are to be
25-6 remitted.
25-7 (b) On receipt of a request for registration, the
25-8 registering tribunal shall cause the order to be filed as a foreign
25-9 judgment, together with one copy of the documents and information,
25-10 regardless of their form.
25-11 (c) A petition or comparable pleading seeking a remedy that
25-12 must be affirmatively sought under other law of this state may be
25-13 filed at the same time as the request for registration or later.
25-14 The pleading must specify the grounds for the remedy sought.
25-15 Sec. 21.37. EFFECT OF REGISTRATION FOR ENFORCEMENT. (a) A
25-16 support order or income-withholding order issued in another state
25-17 is registered when the order is filed in the registering tribunal
25-18 of this state.
25-19 (b) A registered order issued in another state is
25-20 enforceable in the same manner and is subject to the same
25-21 procedures as an order issued by a tribunal of this state.
25-22 (c) Except as otherwise provided in this subchapter, a
25-23 tribunal of this state shall recognize and enforce, but may not
25-24 modify, a registered order if the issuing tribunal had
25-25 jurisdiction.
25-26 Sec. 21.38. CHOICE OF LAW. (a) The law of the issuing
25-27 state governs the nature, extent, amount, and duration of current
26-1 payments and other obligations of support and the payment of
26-2 arrearages under the order only if a party provides the court with
26-3 jurisdiction over an action in this state a certified copy of the
26-4 applicable law of that state. Otherwise, the law of this state
26-5 applies.
26-6 (b) In a proceeding for arrearages, the statute of
26-7 limitation under the laws of this state or of the issuing state,
26-8 whichever is longer, applies.
26-9 Sec. 21.39. NOTICE OF REGISTRATION OF ORDER. (a) When a
26-10 support order or income-withholding order issued in another state
26-11 is registered, the registering tribunal shall notify the
26-12 nonregistering party. Notice must be given by first class,
26-13 certified, or registered mail or by any means of personal service
26-14 authorized by the law of this state. The notice must be
26-15 accompanied by a copy of the registered order and the documents and
26-16 relevant information accompanying the order.
26-17 (b) The notice must inform the nonregistering party:
26-18 (1) that a registered order is enforceable as of the
26-19 date of registration in the same manner as an order issued by a
26-20 tribunal of this state;
26-21 (2) that a hearing to contest the validity or
26-22 enforcement of the registered order must be requested within 20
26-23 days after the date of mailing or personal service of the notice;
26-24 (3) that failure to contest the validity or
26-25 enforcement of the registered order in a timely manner will result
26-26 in confirmation of the order and enforcement of the order and the
26-27 alleged arrearages and precludes further contest of that order with
27-1 respect to any matter that could have been asserted; and
27-2 (4) of the amount of any alleged arrearages.
27-3 (c) On registration of an income-withholding order for
27-4 enforcement, the registering tribunal shall notify the obligor's
27-5 employer pursuant to Section 14.43 of this code.
27-6 Sec. 21.40. PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF
27-7 REGISTERED ORDER. (a) A nonregistering party seeking to contest
27-8 the validity or enforcement of a registered order in this state
27-9 shall request a hearing within 20 days after the date of mailing or
27-10 personal service of notice of the registration. The nonregistering
27-11 party may seek to vacate the registration, to assert any defense to
27-12 an allegation of noncompliance with the registered order, or to
27-13 contest the remedies being sought or the amount of any alleged
27-14 arrearages pursuant to Section 21.41 of this code.
27-15 (b) If the nonregistering party fails to contest the
27-16 validity or enforcement of the registered order in a timely manner,
27-17 the order is confirmed by operation of law.
27-18 (c) If a nonregistering party requests a hearing to contest
27-19 the validity or enforcement of the registered order, the
27-20 registering tribunal shall schedule the matter for hearing and give
27-21 notice to the parties by first class mail of the date, time, and
27-22 place of the hearing.
27-23 Sec. 21.41. CONTEST OF REGISTRATION OR ENFORCEMENT. (a) A
27-24 party contesting the validity or enforcement of a registered order
27-25 or seeking to vacate the registration has the burden of proving one
27-26 or more of the following defenses:
27-27 (1) the issuing tribunal lacked personal jurisdiction
28-1 over the contesting party;
28-2 (2) the order was obtained by fraud;
28-3 (3) the order has been vacated, suspended, or modified
28-4 by a later order;
28-5 (4) the issuing tribunal has stayed the order pending
28-6 appeal;
28-7 (5) there is a defense under the law of this state to
28-8 the remedy sought;
28-9 (6) full or partial payment has been made; or
28-10 (7) the statute of limitation under Section 21.38 of
28-11 this code precludes enforcement of some or all of the arrearages.
28-12 (b) If a party presents evidence establishing a full or
28-13 partial defense under Subsection (a) of this section, a tribunal
28-14 may stay enforcement of the registered order, continue the
28-15 proceeding to permit production of additional relevant evidence,
28-16 and issue other appropriate orders. An uncontested portion of the
28-17 registered order may be enforced by all remedies available under
28-18 the law of this state.
28-19 (c) If the contesting party does not establish a defense
28-20 under Subsection (a) of this section to the validity or enforcement
28-21 of the order, the registering tribunal shall issue an order
28-22 confirming the order.
28-23 Sec. 21.42. CONFIRMED ORDER. Confirmation of a registered
28-24 order, whether by operation of law or after notice and hearing,
28-25 precludes further contest of the order with respect to any matter
28-26 that could have been asserted at the time of registration.
28-27 Sec. 21.43. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF
29-1 ANOTHER STATE FOR MODIFICATION. A party or support enforcement
29-2 agency seeking to modify, or to modify and enforce, a child support
29-3 order issued in another state shall register that order in this
29-4 state in the same manner provided in Sections 21.35 through 21.38
29-5 of this code if the order has not been registered. A petition for
29-6 modification may be filed at the same time as a request for
29-7 registration, or later. The pleading must specify the grounds for
29-8 modification.
29-9 Sec. 21.44. EFFECT OF REGISTRATION FOR MODIFICATION. A
29-10 tribunal of this state may enforce a child support order of another
29-11 state registered for purposes of modification, in the same manner
29-12 as if the order had been issued by a tribunal of this state, but
29-13 the registered order may be modified only if the requirements of
29-14 Section 21.45 of this code have been met.
29-15 Sec. 21.45. MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER
29-16 STATE. (a) After a child support order issued in another state
29-17 has been registered in this state, the responding tribunal of this
29-18 state may modify that order only if, after notice and hearing, it
29-19 finds that:
29-20 (1) the following requirements are met:
29-21 (A) the child, the individual obligee, and the
29-22 obligor do not reside in the issuing state;
29-23 (B) a petitioner who is a nonresident of this
29-24 state seeks modification; and
29-25 (C) the respondent is subject to the personal
29-26 jurisdiction of the tribunal of this state; or
29-27 (2) an individual party or the child is subject to the
30-1 personal jurisdiction of the tribunal and all of the individual
30-2 parties have filed a written consent in the issuing tribunal
30-3 providing that a tribunal of this state may modify the support
30-4 order and assume continuing, exclusive jurisdiction over the order.
30-5 (b) Modification of a registered child support order is
30-6 subject to the same requirements, procedures, and defenses that
30-7 apply to the modification of an order issued by a tribunal of this
30-8 state and the order may be enforced and satisfied in the same
30-9 manner.
30-10 (c) A tribunal of this state may not modify any aspect of a
30-11 child support order that may not be modified under the law of the
30-12 issuing state.
30-13 (d) On issuance of an order modifying a child support order
30-14 issued in another state, a tribunal of this state becomes the
30-15 tribunal of continuing, exclusive jurisdiction.
30-16 (e) Within 30 days after issuance of a modified child
30-17 support order, the party obtaining the modification shall file a
30-18 certified copy of the order with the issuing tribunal that had
30-19 continuing, exclusive jurisdiction over the earlier order, and in
30-20 each tribunal in which the party knows that earlier order has been
30-21 registered.
30-22 Sec. 21.46. RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.
30-23 A tribunal of this state shall recognize a modification of its
30-24 earlier child support order by a tribunal of another state that
30-25 assumed jurisdiction pursuant to a law substantially similar to
30-26 this chapter and, on request, except as otherwise provided in this
30-27 chapter, shall:
31-1 (1) enforce the order that was modified only as to
31-2 amounts accruing before the modification;
31-3 (2) enforce only nonmodifiable aspects of that order;
31-4 (3) provide other appropriate relief only for
31-5 violations of that order that occurred before the effective date of
31-6 the modification; and
31-7 (4) recognize the modifying order of the other state,
31-8 on registration, for the purpose of enforcement.
31-9 SUBCHAPTER G. DETERMINATION OF PARENTAGE
31-10 Sec. 21.47. PROCEEDING TO DETERMINE PARENTAGE. (a) A
31-11 tribunal of this state may serve as an initiating or responding
31-12 tribunal in a proceeding brought under this chapter or a law
31-13 substantially similar to this chapter, the Uniform Reciprocal
31-14 Enforcement of Support Act, or the Revised Uniform Reciprocal
31-15 Enforcement of Support Act to determine that the petitioner is a
31-16 parent of a particular child or to determine that a respondent is a
31-17 parent of that child.
31-18 (b) In a proceeding to determine parentage, a responding
31-19 tribunal of this state shall apply the procedural and substantive
31-20 law of this state and the rules of this state on choice of law.
31-21 SUBCHAPTER H. INTERSTATE RENDITION
31-22 Sec. 21.48. GROUNDS FOR RENDITION. (a) In this subchapter,
31-23 "governor" includes an individual performing the functions of
31-24 governor or the executive authority of a state covered by this
31-25 chapter.
31-26 (b) The governor of this state may:
31-27 (1) demand that the governor of another state
32-1 surrender an individual found in the other state who is charged
32-2 criminally in this state with having failed to provide for the
32-3 support of an obligee; or
32-4 (2) on the demand by the governor of another state,
32-5 surrender an individual found in this state who is charged
32-6 criminally in the other state with having failed to provide for the
32-7 support of an obligee.
32-8 (c) A provision for extradition of individuals not
32-9 inconsistent with this chapter applies to the demand even if the
32-10 individual whose surrender is demanded was not in the demanding
32-11 state when the crime was allegedly committed and has not fled
32-12 therefrom.
32-13 Sec. 21.49. CONDITIONS OF RENDITION. (a) Before making
32-14 demand that the governor of another state surrender an individual
32-15 charged criminally in this state with having failed to provide for
32-16 the support of an obligee, the governor may require a prosecutor of
32-17 this state to demonstrate that at least 60 days previously the
32-18 obligee had initiated proceedings for support pursuant to this
32-19 chapter or that initiating the proceeding would be of no avail.
32-20 (b) If, under this chapter or a law substantially similar to
32-21 this chapter, the Uniform Reciprocal Enforcement of Support Act, or
32-22 the Revised Uniform Reciprocal Enforcement of Support Act, the
32-23 governor of another state makes a demand that the governor of this
32-24 state surrender an individual charged criminally in that state with
32-25 having failed to provide for the support of a child or other
32-26 individual to whom a duty of support is owed, the governor may
32-27 require a prosecutor to investigate the demand and report whether a
33-1 proceeding for support has been initiated or would be effective.
33-2 If it appears that a proceeding would be effective but has not been
33-3 initiated, the governor may delay honoring the demand for a
33-4 reasonable time to permit the initiation of a proceeding.
33-5 (c) If a proceeding for support has been initiated and the
33-6 individual whose rendition is demanded prevails, the governor may
33-7 decline to honor the demand. If the petitioner prevails and the
33-8 individual whose rendition is demanded is subject to a support
33-9 order, the governor may decline to honor the demand if the
33-10 individual is complying with the support order.
33-11 SUBCHAPTER I. MISCELLANEOUS PROVISIONS
33-12 Sec. 21.50. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
33-13 This chapter shall be applied and construed to effectuate its
33-14 general purpose to make uniform the law with respect to the subject
33-15 of this chapter among states enacting it.
33-16 Sec. 21.51. SHORT TITLE. This chapter may be cited as the
33-17 Uniform Interstate Family Support Act.
33-18 Sec. 21.52. SEVERABILITY CLAUSE. If any provision of this
33-19 chapter or its application to any person or circumstance is held
33-20 invalid, the invalidity does not affect other provisions or
33-21 applications of this chapter that can be given effect without the
33-22 invalid provision or application, and to this end the provisions of
33-23 this chapter are severable.
33-24 <Sec. 21.01. PURPOSES. The purposes of this chapter are to
33-25 improve and extend by reciprocal legislation the enforcement of
33-26 duties of support.>
33-27 <Sec. 21.02. DEFINITIONS. In this chapter:>
34-1 <(1) "Court" means the district court of this state or
34-2 any other court authorized to order support for children and, when
34-3 the context requires, means the court of any other state as defined
34-4 in a substantially similar reciprocal law.>
34-5 <(2) "Custody" includes the managing conservatorship
34-6 of a child.>
34-7 <(3) "Duty of support" includes any duty of support
34-8 imposed or imposable by law, including duties imposed by Chapter 12
34-9 or 13 of this code, or by any court order, decree, or judgment,
34-10 whether interlocutory or final, whether incidental to a proceeding
34-11 for divorce, judicial separation, separate maintenance, or
34-12 otherwise, but does not include alimony for a former wife except in
34-13 proceedings brought pursuant to Part D of Title IV of the federal
34-14 Social Security Act (42 U.S.C. Section 651 et seq.), requiring that
34-15 an alimony award is entitled to interstate enforcement if awarded
34-16 to an obligee with whom the absent parent's child is living, and
34-17 only if the support obligation established with respect to the
34-18 child is being enforced.>
34-19 <(4) "Governor" includes any person performing the
34-20 functions of the governor or the executive authority of any state
34-21 covered by this chapter.>
34-22 <(5) "Initiating state" means a state in which a
34-23 proceeding pursuant to this or a substantially similar reciprocal
34-24 law is commenced. "Initiating court" means the court in which a
34-25 proceeding is commenced.>
34-26 <(6) "Law" includes both common and statutory law.>
34-27 <(7) "Obligee" means a person, including a state or
35-1 political subdivision, to whom a duty of support is owed or a
35-2 person, including a state or political subdivision, that has
35-3 commenced a proceeding for enforcement of an alleged duty of
35-4 support or for registration of a support order. It is immaterial
35-5 if the person to whom a duty of support is owed is a recipient of
35-6 public assistance.>
35-7 <(8) "Obligor" means any person owing a duty of
35-8 support or against whom a proceeding for the enforcement of a duty
35-9 of support or registration of a support order is commenced.>
35-10 <(9) "Prosecuting attorney" means the public official
35-11 in the appropriate place who has the duty to enforce criminal laws
35-12 relating to the failure to provide for the support of any person,
35-13 or an attorney designated by the court, by a county attorney, by
35-14 any local child support enforcement office, or by the attorney
35-15 general of Texas.>
35-16 <(10) "Register" means to file in the registry of
35-17 foreign support orders.>
35-18 <(11) "Registering court" means any court of this
35-19 state in which a support order of a rendering state is registered.>
35-20 <(12) "Rendering state" means a state in which the
35-21 court has issued a support order for which registration is sought
35-22 or granted in the court of another state.>
35-23 <(13) "Responding state" means a state in which any
35-24 responsive proceeding pursuant to the proceeding in the initiating
35-25 state is commenced. "Responding court" means the court in which
35-26 the responsive proceeding is commenced.>
35-27 <(14) "State" includes a state, territory, or
36-1 possession of the United States, the District of Columbia, the
36-2 Commonwealth of Puerto Rico, and any foreign jurisdiction in which
36-3 this or a substantially similar reciprocal law is in effect.>
36-4 <(15) "Support order" means any judgment, decree, or
36-5 order of support in favor of an obligee whether temporary or final,
36-6 or subject to modification, revocation, or remission, regardless of
36-7 the kind of action or proceeding in which it is entered.>
36-8 <Sec. 21.03. REMEDIES ADDITIONAL TO THOSE NOW EXISTING. The
36-9 remedies herein provided are in addition to and not in substitution
36-10 for any other remedies even though prior orders of support exist in
36-11 this state or any other jurisdiction.>
36-12 <Sec. 21.04. EXTENT OF DUTIES OF SUPPORT. Duties of support
36-13 arising under the law of this state, if applicable under Section
36-14 21.07 of this code, bind the obligor present in this state
36-15 regardless of the presence or residence of the obligee.>
36-16 <SUBCHAPTER B. CRIMINAL ENFORCEMENT>
36-17 <Sec. 21.05. INTERSTATE RENDITION. The governor of this
36-18 state may:>
36-19 <(1) demand of the governor of another state the
36-20 surrender of a person found in that state who is charged criminally
36-21 in this state with failing to provide for the support of any
36-22 person; or>
36-23 <(2) surrender on demand by the governor of another
36-24 state a person found in this state who is charged criminally in
36-25 that state with failing to provide for the support of any person.
36-26 Provisions for extradition of criminals not inconsistent with this
36-27 chapter apply to the demand even if the person whose surrender is
37-1 demanded was not in the demanding state at the time of the
37-2 commission of the crime and has not fled therefrom. The demand,
37-3 the oath, and any proceedings for extradition pursuant to this
37-4 section need not state or show that the person whose surrender is
37-5 demanded has fled from justice or at the time of the commission of
37-6 the crime was in the demanding state.>
37-7 <Sec. 21.06. CONDITIONS OF INTERSTATE RENDITION.
37-8 (a) Before making the demand on the governor of another state for
37-9 the surrender of a person charged criminally in this state with
37-10 failing to provide for the support of a person, the governor of
37-11 this state may require any prosecuting attorney of this state to
37-12 satisfy him that at least 60 days before the date of the demand the
37-13 obligee initiated proceedings for support under this chapter or
37-14 that any proceeding would be of no avail.>
37-15 <(b) If, under a statute substantially similar to this
37-16 chapter, the governor of another state makes a demand on the
37-17 governor of this state for the surrender of a person charged
37-18 criminally in that state with failure to provide for the support of
37-19 a person, the governor may require any prosecuting attorney to
37-20 investigate the demand and to report to him whether proceedings for
37-21 support have been initiated or would be effective. If it appears
37-22 to the governor that a proceeding would be effective but has not
37-23 been initiated, he may delay honoring the demand for a reasonable
37-24 time to permit the initiation of a proceeding.>
37-25 <(c) If proceedings have been initiated and the person
37-26 demanded has prevailed in the proceedings, the governor may decline
37-27 to honor the demand. If the obligee prevailed and the person
38-1 demanded is subject to a support order, the governor may decline to
38-2 honor the demand if the person demanded is complying with the
38-3 support order.>
38-4 <SUBCHAPTER C. CIVIL ENFORCEMENT>
38-5 <Sec. 21.07. CHOICE OF LAW. Duties of support applicable
38-6 under this chapter are those imposed or imposable under the laws of
38-7 any state where the obligor was present during the period for which
38-8 support is sought; but does not include alimony for a former wife
38-9 except in proceedings brought pursuant to Part D of Title IV of the
38-10 federal Social Security Act (42 U.S.C. Section 651 et seq.),
38-11 requiring that an alimony award is entitled to interstate
38-12 enforcement if awarded to an obligee with whom the absent parent's
38-13 child is living, and only if the support obligation established
38-14 with respect to the child is being enforced. The obligor is
38-15 presumed to have been present in the responding state during the
38-16 period for which support is sought until otherwise shown.>
38-17 <Sec. 21.08. REMEDIES OF STATE OR POLITICAL SUBDIVISION
38-18 FURNISHING SUPPORT. If a state or a political subdivision
38-19 furnishes support to an individual obligee, it has the same right
38-20 to initiate a proceeding under this chapter as the individual
38-21 obligee for the purpose of securing reimbursement for support
38-22 furnished and of obtaining continuing support.>
38-23 <Sec. 21.09. HOW DUTIES OF SUPPORT ENFORCED. All duties of
38-24 support, including the duty to pay arrearages, are enforceable by a
38-25 proceeding under this chapter, including a proceeding for civil
38-26 contempt. The defense that the parties are immune to suit because
38-27 of their relationship as husband and wife or parent and child is
39-1 not available to the obligor.>
39-2 <Sec. 21.10. JURISDICTION. Jurisdiction of any proceeding
39-3 under this chapter is vested in the district court and any other
39-4 court authorized to order support for children.>
39-5 <Sec. 21.11. CONTENTS AND FILING OF PETITION FOR SUPPORT;
39-6 VENUE. (a) The petition shall be verified and shall state the
39-7 name and, so far as known to the obligee, the address, social
39-8 security number, circumstances of the obligor and the persons for
39-9 whom support is sought, and all other pertinent information. The
39-10 obligee may include in or attach to the petition any information
39-11 that may help in locating or identifying the obligor, including a
39-12 photograph of the obligor, a description of any distinguishing
39-13 marks on his person, other names and aliases by which he has been
39-14 or is known, the name of his employer, his fingerprints, and his
39-15 social security number.>
39-16 <(b) The petition may be filed in the appropriate court of
39-17 any state in which the obligee resides. The court shall not
39-18 decline or refuse to accept and forward the petition on the ground
39-19 that it should be filed with some other court of this or any other
39-20 state where there is pending another action for divorce,
39-21 separation, annulment, dissolution, habeas corpus, adoption, or
39-22 custody between the same parties or where another court has already
39-23 issued a support order in some other proceeding and has retained
39-24 jurisdiction for its enforcement.>
39-25 <(c) Venue for initiating cases under this chapter is in the
39-26 county of the residence of the minor child for whom child support
39-27 is sought. Venue for all responding cases under this chapter is in
40-1 the county of residence of the obligor.>
40-2 <Sec. 21.12. OFFICIALS TO REPRESENT OBLIGEE. If this state
40-3 is acting as an initiating state, a prosecuting attorney shall
40-4 represent the obligee in any proceeding under this chapter. If a
40-5 prosecuting attorney neglects or refuses to represent the obligee,
40-6 the attorney general may undertake the representation.>
40-7 <Sec. 21.13. PETITION FOR MINOR. A petition on behalf of a
40-8 minor obligee may be executed and filed by a person having legal
40-9 custody of the minor without appointment as guardian ad litem.>
40-10 <Sec. 21.14. DUTY OF INITIATING COURT. If the initiating
40-11 court finds that the petition sets forth facts from which it may be
40-12 determined that the obligor owes a duty of support and that a court
40-13 of the responding state may obtain jurisdiction of the obligor or
40-14 his property, it shall so certify and cause three copies of the
40-15 petition and its certificate and one copy of this chapter to be
40-16 sent to the responding court. Certification shall be in accordance
40-17 with the requirements of the initiating state. If the name and
40-18 address of the responding court are unknown and the responding
40-19 state has an information agency comparable to that established in
40-20 the initiating state, it shall cause the copies to be sent to the
40-21 state information agency or other proper official of the responding
40-22 state, with a request that the agency or official forward them to
40-23 the proper court and that the court of the responding state
40-24 acknowledge their receipt to the initiating court.>
40-25 <Sec. 21.15. COSTS AND FEES. An initiating court may
40-26 require payment of either a filing fee or other costs from the
40-27 obligee and may request the responding court to collect fees and
41-1 costs from the obligor. The clerk of the responding court may
41-2 require payment of a filing fee or other costs from the obligee.
41-3 At the conclusion of the action or proceeding, the responding court
41-4 may direct that all fees and costs requested by the initiating
41-5 court and incurred in this state when acting as a responding state,
41-6 including fees for filing of pleadings, service of process, seizure
41-7 of property, stenographic or duplication service, or other service
41-8 supplied to the obligor, and a reasonable fee to an attorney or the
41-9 prosecuting attorney's office that represents the obligee, be paid
41-10 in whole or in part by the obligor.>
41-11 <Sec. 21.16. JURISDICTION BY ARREST. If the court of this
41-12 state believes that the obligor may flee, it may:>
41-13 <(1) as an initiating court, request in its
41-14 certificate that the responding court obtain the body of the
41-15 obligor by appropriate process; or>
41-16 <(2) as a responding court, obtain the body of the
41-17 obligor by appropriate process. On obtaining the body of the
41-18 obligor it may release him on his own recognizance or on his giving
41-19 a bond in an amount set by the court to assure his appearance at
41-20 the hearing.>
41-21 <Sec. 21.17. STATE INFORMATION AGENCY. The attorney
41-22 general's office is designated as the state information agency
41-23 under this chapter, and it shall:>
41-24 <(1) compile a list of the courts and their addresses
41-25 in this state having jurisdiction under this chapter and transmit
41-26 it to the state information agency of every other state that has
41-27 adopted this or a substantially similar statute, and on the
42-1 adjournment of each session of the legislature the agency shall
42-2 distribute copies of any amendments to this chapter and a statement
42-3 of their effective dates to all other state information agencies;>
42-4 <(2) maintain a register of lists of courts received
42-5 from other states and transmit copies thereof promptly to every
42-6 court in this state having jurisdiction under this chapter; and>
42-7 <(3) forward to the court in this state that has
42-8 jurisdiction over the obligor or his property petitions,
42-9 certificates, and copies of the statute it receives from courts or
42-10 information agencies of other states.>
42-11 <Sec. 21.18. DUTY OF COURT AND OFFICIALS OF THIS STATE AS
42-12 RESPONDING STATE. (a) After the responding court receives copies
42-13 of the petition, certificate, and statute from the initiating
42-14 court, the clerk of the court shall docket the case and notify the
42-15 prosecuting attorney of his action.>
42-16 <(b) The prosecuting attorney shall prosecute the case
42-17 diligently. He shall take all action necessary in accordance with
42-18 the laws of this state to enable the court to obtain jurisdiction
42-19 over the obligor or his property and shall request the clerk of the
42-20 court to set a time and place for a hearing and give notice of the
42-21 hearing to the obligor in accordance with the law.>
42-22 <(c) If the prosecuting attorney neglects or refuses to
42-23 represent the obligee, the attorney general may undertake the
42-24 representation.>
42-25 <Sec. 21.19. FURTHER DUTIES OF COURT AND OFFICIALS IN
42-26 RESPONDING STATE. (a) The prosecuting attorney on his own
42-27 initiative shall use all means at his disposal to locate the
43-1 obligor or his property, and if because of inaccuracies in the
43-2 petition or otherwise the court cannot obtain jurisdiction, the
43-3 prosecuting attorney shall inform the court of what he has done and
43-4 request the court to continue the case pending receipt of more
43-5 accurate information or an amended petition from the initiating
43-6 court.>
43-7 <(b) If the obligor or his property is not found in the
43-8 county and the prosecuting attorney discovers that the obligor or
43-9 his property may be found in another county of this state or in
43-10 another state, he shall so inform the court. Thereupon the clerk
43-11 of the court shall forward the documents received from the court in
43-12 the initiating state to a court in the other county or to a court
43-13 in the other state or to the information agency or other proper
43-14 official of the other state with a request that the documents be
43-15 forwarded to the proper court. All powers and duties provided by
43-16 this chapter apply to the recipient of the documents so forwarded.
43-17 If the clerk of a court of this state forwards documents to another
43-18 court, he shall forthwith notify the initiating court.>
43-19 <(c) If the prosecuting attorney has no information as to
43-20 the location of the obligor or his property, he shall so inform the
43-21 initiating court.>
43-22 <Sec. 21.20. HEARING AND CONTINUANCE. If the obligee is not
43-23 present at the hearing and the obligor denies owing the duty of
43-24 support alleged in the petition or offers evidence constituting a
43-25 defense, the court, on request of either party, shall continue the
43-26 hearing to permit evidence relative to the duty to be adduced by
43-27 either party by deposition, by appearing in person before the
44-1 court, or as otherwise provided in this chapter. The court may
44-2 designate the judge of the initiating court as a person before whom
44-3 a deposition may be taken.>
44-4 <Sec. 21.21. IMMUNITY FROM CRIMINAL PROSECUTION. If at the
44-5 hearing the obligor is called for examination as an adverse party
44-6 and he declines to answer on the ground that his testimony may tend
44-7 to incriminate him, the court may require him to answer, in which
44-8 event he is immune from criminal prosecution with respect to
44-9 matters revealed by his testimony, except for perjury committed in
44-10 this testimony.>
44-11 <Sec. 21.22. EVIDENCE OF HUSBAND AND WIFE. Laws attaching a
44-12 privilege against the disclosure of communications between husband
44-13 and wife or between former spouses are inapplicable to proceedings
44-14 under this chapter. Husband and wife or former spouses are
44-15 competent witnesses and may be compelled to testify to any relevant
44-16 matter, including marriage, parentage, and the ability to
44-17 contribute support. The testimony may be used as the sole basis
44-18 for the entry of an order.>
44-19 <Sec. 21.23. RULES OF EVIDENCE. In any hearing for the
44-20 civil enforcement of this chapter the court is governed by the
44-21 rules of evidence applicable in a civil court action in the
44-22 district court. If the action is based on a support order issued
44-23 by another court, a certified copy of the order shall be admitted
44-24 as prima facie evidence that the duty of support exists, subject
44-25 only to any defenses available with respect to a denial of
44-26 paternity or in an action or a proceeding to enforce a foreign
44-27 money judgment. The determination or enforcement of a duty of
45-1 support shall not be affected by any interference with rights of
45-2 custody or visitation granted by a court. In a contested case, it
45-3 is presumed:>
45-4 <(1) that the obligor and the obligee have an equal
45-5 duty of support; or>
45-6 <(2) if there is a prior support order, that the most
45-7 recent order correctly designates the current amount of support and
45-8 duty of support.>
45-9 <Sec. 21.24. ORDER OF SUPPORT. If the responding court
45-10 finds a duty of support, it may order the obligor to furnish
45-11 support or reimbursement for support and subject the property of
45-12 the obligor to the order. Support orders made pursuant to this
45-13 chapter shall require that payments be made to the designated
45-14 agency for collecting of child support in the court of the
45-15 responding state. In any proceeding brought under Part D of Title
45-16 IV of the federal Social Security Act (42 U.S.C. Section 651 et
45-17 seq.), the court shall order that all child support payments be
45-18 paid to the attorney general of Texas. The court and prosecuting
45-19 attorney of any county in which the obligor is present or has
45-20 property have the same powers and duties to enforce the order as
45-21 have those of the county in which it was first issued. If
45-22 enforcement is impossible or cannot be completed in the county in
45-23 which the order was issued, the prosecuting attorney shall send a
45-24 certified copy of the order to the prosecuting attorney of any
45-25 county in which it appears that proceedings to enforce the order
45-26 would be effective. The prosecuting attorney to whom the certified
45-27 copy of the order is forwarded shall proceed with enforcement and
46-1 report the results of the proceedings to the court first issuing
46-2 the order.>
46-3 <Sec. 21.25. RESPONDING COURT TO TRANSMIT COPIES TO
46-4 INITIATING COURT. The responding court shall cause a copy of all
46-5 support orders to be sent to the initiating court.>
46-6 <Sec. 21.26. ADDITIONAL POWERS OF RESPONDING COURT. In
46-7 addition to the foregoing powers a responding court may subject the
46-8 obligor to any terms and conditions proper to assure compliance
46-9 with its orders and in particular:>
46-10 <(1) to require the obligor to furnish a cash deposit
46-11 or a bond of a character and amount to assure payment of any amount
46-12 due as provided in Section 14.42(a) of this code;>
46-13 <(2) to require the obligor to report personally and
46-14 to make payments at specified intervals to the district clerk or
46-15 probation department of the court;>
46-16 <(3) to punish under the power of contempt the obligor
46-17 who violates any order of the court;>
46-18 <(4) to order the obligor to pay as court costs a
46-19 reasonable fee to any attorney or to the prosecuting attorney's
46-20 office who represents the petitioner in any enforcement proceeding;
46-21 and>
46-22 <(5) to order withholding from earnings for child
46-23 support, as provided in Sections 14.43, 14.44, and 14.45 of this
46-24 code.>
46-25 <Sec. 21.27. PATERNITY. If the obligor asserts as a defense
46-26 that he is not the father of the child for whom support is sought
46-27 and it appears to the court that the defense is not frivolous, and
47-1 if both of the parties are present at the hearing or the proof
47-2 required in the case indicates that the presence of either or both
47-3 of the parties is not necessary, the court may adjudicate the
47-4 paternity issue. Otherwise the court may adjourn the hearing until
47-5 the paternity issue has been adjudicated.>
47-6 <Sec. 21.28. ADDITIONAL DUTIES OF RESPONDING COURT. A
47-7 responding court has the following duties, which may be carried out
47-8 through the district clerk, the probation department of the court,
47-9 the designated agency for collecting child support, or the attorney
47-10 general:>
47-11 <(1) to transmit to the initiating court any payment
47-12 made by the obligor pursuant to any order of the court or
47-13 otherwise; and>
47-14 <(2) to furnish to the initiating court on request a
47-15 certified statement of all payments made by the obligor.>
47-16 <Sec. 21.29. ADDITIONAL DUTY OF INITIATING COURT. An
47-17 initiating court shall receive and disburse forthwith all payments
47-18 made by the obligor or sent by the responding court. This duty may
47-19 be carried out through the district clerk, the probation department
47-20 of the court, the designated agency for collecting child support,
47-21 or the attorney general.>
47-22 <Sec. 21.30. PROCEEDINGS NOT TO BE STAYED. A responding
47-23 court shall not stay the proceeding or refuse a hearing under this
47-24 chapter because of any pending or prior action or proceeding for
47-25 divorce, separation, annulment, dissolution, habeas corpus,
47-26 adoption, or custody in this or any other state. The court shall
47-27 hold a hearing and may issue a support order pendente lite. In aid
48-1 of an order it may require the obligor to give a bond for the
48-2 prompt prosecution of the pending proceeding. If the other action
48-3 or proceeding is concluded before the hearing in the instant
48-4 proceeding and the judgment in the proceeding provides for the
48-5 support demanded in the petition being heard, the court must
48-6 conform its support order to the amount allowed in the other action
48-7 or proceeding. After doing so the court shall not stay enforcement
48-8 of its support order because of the retention of jurisdiction for
48-9 enforcement purposes by the court in the other action or
48-10 proceeding.>
48-11 <Sec. 21.31. APPLICATION OF PAYMENTS. A support order made
48-12 by a court of this state pursuant to this chapter does not nullify
48-13 and is not nullified by a support order made by a court of this
48-14 state pursuant to any other law or by a support order made by a
48-15 court of any other state pursuant to a substantially similar act or
48-16 any other law, regardless of priority of issuance, unless otherwise
48-17 specifically provided by the court. Amounts paid for a particular
48-18 period pursuant to any support order made by the court of another
48-19 state shall be credited against the amount accruing or accrued for
48-20 the same period under any support order made by the court of this
48-21 state.>
48-22 <Sec. 21.32. EFFECT OF PARTICIPATION IN PROCEEDING.
48-23 Participation in any proceeding under this chapter does not confer
48-24 jurisdiction on any court over any of the parties to the proceeding
48-25 in any other proceeding.>
48-26 <Sec. 21.33. INTRASTATE APPLICATION. This chapter applies
48-27 if both the obligee and the obligor are in this state but in
49-1 different judicial districts. If the court of the district in
49-2 which the petition is filed finds that the petition sets forth
49-3 facts from which it may be determined that the obligor owes a duty
49-4 of support and finds that a court of another district in this state
49-5 may obtain jurisdiction over the obligor or his property, the clerk
49-6 of the court shall send the petition and a certification of the
49-7 findings to the court of the district in which the obligor or his
49-8 property is found. The clerk of the court of the district
49-9 receiving these documents shall notify the prosecuting attorney of
49-10 their receipt. The prosecuting attorney and the court in the
49-11 district to which the copies are forwarded then shall have duties
49-12 corresponding to those imposed on them when acting for this state
49-13 as a responding state.>
49-14 <Sec. 21.34. APPEALS. If the prosecuting attorney is of the
49-15 opinion that the support order is erroneous and presents a question
49-16 of law warranting an appeal in the public interest, he may:>
49-17 <(1) perfect an appeal to the proper appellate court
49-18 if the support order was issued by a court of this state; or>
49-19 <(2) if the support order was issued in another state,
49-20 cause the appeal to be taken in the other state. In either case
49-21 expenses of appeal may be paid on his order from funds appropriated
49-22 for his office.>
49-23 <SUBCHAPTER D. REGISTRATION OF FOREIGN SUPPORT ORDERS>
49-24 <Sec. 21.35. ADDITIONAL REMEDIES. If the duty of support is
49-25 based on a foreign support order, the obligee has the additional
49-26 remedies provided in the following sections.>
49-27 <Sec. 21.36. REGISTRATION. The obligee may register the
50-1 foreign support order in a court of this state in the manner, with
50-2 the effect, and for the purposes herein provided.>
50-3 <Sec. 21.37. REGISTRY OF FOREIGN SUPPORT ORDERS. The clerk
50-4 of the court shall maintain a registry of foreign support orders in
50-5 which he shall file foreign support orders.>
50-6 <Sec. 21.38. OFFICIAL TO REPRESENT OBLIGEE. If this state
50-7 is acting either as a rendering or a registering state, on the
50-8 request of the court the prosecuting attorney shall represent the
50-9 obligee in proceedings under this part of this subchapter.>
50-10 <Sec. 21.39. REGISTRATION PROCEDURE; NOTICE. (a) An
50-11 obligee seeking to register a foreign support order in a court of
50-12 this state shall transmit to the prosecuting attorney three
50-13 certified copies of the order with all modifications; one copy of
50-14 the reciprocal enforcement of support act of the state in which the
50-15 order was made; and a statement verified and signed by the obligee,
50-16 showing the post office address of the obligee, the last known
50-17 place of residence and post office address of the obligor, the
50-18 amount of support remaining unpaid, a description and the location
50-19 of any property of the obligor available on execution, and a list
50-20 of the states in which the order is registered. On receipt of
50-21 these documents, the prosecuting attorney shall transmit them to
50-22 the clerk of the court who shall file them in the registry of
50-23 foreign support orders. The filing constitutes registration under
50-24 this chapter.>
50-25 <(b) Promptly on registration the clerk of the court shall
50-26 send by certified or registered mail to the obligor at the address
50-27 given a notice of the registration with a copy of the registered
51-1 support order and the post office address of the obligee. He shall
51-2 endorse on the registered support order a file number, the day on
51-3 which it was filed, and the time of filing, shall sign his name
51-4 officially thereto, and notify the prosecuting attorney of his
51-5 action. The prosecuting attorney shall proceed diligently to
51-6 enforce the order.>
51-7 <Sec. 21.40. EFFECT OF REGISTRATION; ENFORCEMENT PROCEDURE.
51-8 (a) On registration the registered foreign support order shall be
51-9 treated in the same manner as a support order issued by a court of
51-10 this state. It has the same effect and is subject to the same
51-11 procedures, defenses, and proceedings for reopening, vacating, or
51-12 staying as a support order of this state and may be enforced and
51-13 satisfied in like manner.>
51-14 <(b) The obligor has 20 days after the mailing of notice of
51-15 the registration in which to petition the court to vacate the
51-16 registration or for other relief. If he does not so petition, the
51-17 registered support order is confirmed.>
51-18 <(c) At the hearing to enforce the registered support order
51-19 the obligor may present only matters that would be available to him
51-20 as defenses in an action to enforce a foreign money judgment. If
51-21 he shows to the court that an appeal from the order is pending or
51-22 will be taken or that a stay of execution has been granted, the
51-23 court shall stay enforcement of the order until the appeal is
51-24 concluded, the time for appeal has expired, or the order is
51-25 vacated, on satisfactory proof that the obligor has furnished
51-26 security for payment of the support ordered as required by the
51-27 rendering state. If he shows to the court any ground on which
52-1 enforcement of a support order of this state may be stayed, the
52-2 court shall stay enforcement of the order for an appropriate period
52-3 if the obligor furnishes the same security for payment of the
52-4 support ordered that is required for a support order of this state.>
52-5 <Sec. 21.41. UNIFORMITY OF INTERPRETATION. This chapter
52-6 shall be so construed as to effect its general purpose to make
52-7 uniform the law of those states that enact it or a substantially
52-8 similar statute.>
52-9 <Sec. 21.42. SHORT TITLE. This chapter may be cited as the
52-10 Revised Uniform Reciprocal Enforcement of Support Act.>
52-11 <Sec. 21.43. SEVERABILITY. If any provision of this chapter
52-12 or the application thereof to any person or circumstance is held
52-13 invalid, the invalidity does not affect other provisions or
52-14 applications of the chapter that can be given effect without the
52-15 invalid provision or application, and to this end the provisions of
52-16 this chapter are severable.>
52-17 SECTION 2. Sections 11.05(a), (f), and (g), Family Code, are
52-18 amended to read as follows:
52-19 (a) Except as otherwise provided by this section, by
52-20 Sections <Section> 11.06, 11.061, or 17.05 of this code, or by
52-21 Subchapter B of this chapter (Uniform Child Custody Jurisdiction
52-22 Act), when a court acquires jurisdiction of a suit affecting the
52-23 parent-child relationship, that court retains continuing, exclusive
52-24 jurisdiction of all parties and matters provided for under this
52-25 subtitle in connection with the child. No other court of this
52-26 state has jurisdiction of a suit affecting the parent-child
52-27 relationship with regard to that child except on transfer as
53-1 provided in Sections <Section> 11.06, 11.061, or 17.06 of this
53-2 code.
53-3 (f) A court acquires jurisdiction of a suit affecting the
53-4 parent-child relationship without a transfer under Sections
53-5 <Section> 11.06 or 11.061 of this code, even though another court
53-6 has continuing jurisdiction over the child, if the parents of the
53-7 child have remarried each other after the dissolution of a previous
53-8 marriage between the parents and file in the court acquiring
53-9 jurisdiction a suit for the dissolution of their subsequent
53-10 marriage combined with a suit affecting the parent-child
53-11 relationship concerning the child.
53-12 (g) Except as provided by this section or Subsection (d) of
53-13 Section 11.53 of this code, a court may exercise its continuing,
53-14 exclusive jurisdiction to modify all aspects of its decree,
53-15 including managing conservatorship, possessory conservatorship,
53-16 possession of and access to the child and support of the child. A
53-17 court of this state may not exercise its continuing jurisdiction to
53-18 modify any part of a decree if the child and all parties have
53-19 established and continue to maintain their principal residence or
53-20 home state outside this state or if each individual party has filed
53-21 written consent with the tribunal of this state for a tribunal of
53-22 another state to modify the order and assume continuing, exclusive
53-23 jurisdiction. This subsection does not affect the power of the
53-24 court to enforce and enter a judgment on its decree.
53-25 SECTION 3. Section 11.051, Family Code, is amended to read
53-26 as follows:
53-27 Sec. 11.051. ACQUIRING JURISDICTION OVER NONRESIDENT. In a
54-1 suit affecting the parent-child relationship, the court may
54-2 exercise status or subject matter jurisdiction over the suit as
54-3 provided by Subchapter B of this chapter. The court may also
54-4 exercise personal jurisdiction over a person on whom service of
54-5 citation is required or over the person's personal representative,
54-6 although the person is not a resident or domiciliary of this state,
54-7 if:
54-8 (1) the <child was conceived in this state when at
54-9 least one biological parent was a resident of this state and the>
54-10 person <on whom service> is personally served with citation in this
54-11 state <required is a parent or an alleged or probable father of
54-12 the child>;
54-13 (2) the person submits to the jurisdiction of this
54-14 state by consent, by entering a general appearance, or by filing a
54-15 responsive document having the effect of waiving any contest to
54-16 personal jurisdiction;
54-17 (3) <(2)> the child resides in this state as a result
54-18 of the acts or directives <or with the approval> of the person <on
54-19 whom service is required>;
54-20 (4) <(3)> the person <on whom service is required has>
54-21 resided with the child in this state; <or>
54-22 (5) the person resided in this state and provided
54-23 prenatal expenses or support for the child;
54-24 (6) the person engaged in sexual intercourse in this
54-25 state and the child may have been conceived by that act of
54-26 intercourse; or
54-27 (7) <(4)> there is any basis consistent with the
55-1 constitutions of this state and the United States for the exercise
55-2 of the personal jurisdiction.
55-3 SECTION 4. Subchapter A, Chapter 11, Family Code, is amended
55-4 by adding Section 11.061 to read as follows:
55-5 Sec. 11.061. TRANSFER OF PROCEEDINGS WITHIN THE STATE WHEN
55-6 PARTY OR CHILD RESIDES OUTSIDE THE STATE. (a) If one party is a
55-7 resident of this state and one or more of the other parties and the
55-8 child or all of the children affected by the proceedings reside
55-9 outside this state and if the action is filed in a county other
55-10 than the county of residence of the resident party, the court shall
55-11 transfer the proceeding to the county of residence of the resident
55-12 party.
55-13 (b) If one or more of the parties affected by the
55-14 proceedings reside outside this state and if more than one party or
55-15 one or more children affected by the proceeding reside in this
55-16 state in different counties, the court shall transfer the
55-17 proceeding according to the following priorities:
55-18 (1) to the court of continuing, exclusive
55-19 jurisdiction, if any;
55-20 (2) to the county of residence of the child, if
55-21 applicable, provided that:
55-22 (A) Subdivision (1) is inapplicable; or
55-23 (B) the court of continuing, exclusive
55-24 jurisdiction finds that neither a party nor a child affected by the
55-25 proceeding resides in the county of the court of continuing
55-26 jurisdiction; or
55-27 (3) if Subdivisions (1) and (2) are inapplicable, to
56-1 the county most appropriate to serve the convenience of the
56-2 resident parties and the witnesses and the interest of justice.
56-3 (c) The procedures for determining and effectuating a
56-4 transfer of proceedings under this section shall be identical to
56-5 the procedures established in Section 11.06 of this code.
56-6 SECTION 5. Section 11.155(f), Family Code, is amended to
56-7 read as follows:
56-8 (f) The clerk of the court shall maintain a file of any
56-9 information provided by a party under this section and shall,
56-10 unless otherwise ordered by the court, provide the information on
56-11 request, without charge, to a party, the attorney general, a
56-12 domestic relations office, a child support collection office, or
56-13 any other person designated to prosecute actions under the
56-14 <Revised> Uniform Interstate Family <Reciprocal Enforcement of>
56-15 Support Act (Chapter 21 of this code) or to enforce an order
56-16 providing for child support or possession of or access to a child.
56-17 SECTION 6. Section 14.052(a), Family Code, is amended to
56-18 read as follows:
56-19 (a) Purpose. The guidelines for the support of a child in
56-20 this chapter are intended to guide the courts in determining
56-21 equitable amounts of child support in any suit affecting the
56-22 parent-child relationship, including without limitation actions
56-23 involving divorce, modification, and paternity, and in any
56-24 proceeding brought under the Uniform Interstate Family Support Act
56-25 (Chapter 21 of this code) <a reciprocal support act>.
56-26 SECTION 7. Section 14.057, Family Code, is amended to read
56-27 as follows:
57-1 Sec. 14.057. Findings in Child Support Order. (a) Without
57-2 regard to Rules 296 through 299, Texas Rules of Civil Procedure, in
57-3 any suit affecting the parent-child relationship or proceeding
57-4 under the Uniform Interstate Family Support Act (Chapter 21 of this
57-5 code) <reciprocal child support action> in which child support is
57-6 contested and the amount of the order is set by the court, on
57-7 written request made or filed with the court not later than 10 days
57-8 after the date of the hearing or an oral request made in open court
57-9 during the hearing, the court shall state the following in the
57-10 child support order:
57-11 "(1) the amount of net resources available to the
57-12 obligor per month is $________;
57-13 "(2) the amount of net resources available to the
57-14 obligee per month is $________;
57-15 "(3) the amount of child support payments per month
57-16 that is computed if Section 14.055, Family Code, is applied is
57-17 $_______;
57-18 "(4) the percentage applied to the obligor's net
57-19 resources for child support by the actual order rendered by the
57-20 court is _______%; and, if applicable,
57-21 "(5) the specific reasons that the amount of support
57-22 per month ordered by the court varies from the amount computed by
57-23 applying the percentage guidelines pursuant to Section 14.055,
57-24 Family Code, are:_________."
57-25 (b) In any suit affecting the parent-child relationship or
57-26 proceeding under the Uniform Interstate Family Support Act (Chapter
57-27 21 of this code) <reciprocal child support action> in which the
58-1 amount of child support ordered by the court varies from the amount
58-2 computed by applying the percentage guidelines contained in Section
58-3 14.055 of this code, the court shall find that the application of
58-4 the child support guidelines would be unjust or inappropriate and
58-5 shall state the following in the child support order:
58-6 "(1) the amount of net resources available to the
58-7 obligor per month is $________;
58-8 "(2) the amount of net resources available to the
58-9 obligee per month is $________;
58-10 "(3) the amount of child support payments per month
58-11 that is computed if Section 14.055, Family Code, is applied is
58-12 $________;
58-13 "(4) the percentage applied to the obligor's net
58-14 resources for child support by the actual order rendered by the
58-15 court is _______%; and
58-16 "(5) the specific reasons that the amount of support
58-17 per month ordered by the court varies from the amount computed by
58-18 applying the percentage guidelines pursuant to Section 14.055,
58-19 Family Code, are:_________."
58-20 SECTION 8. Section 14.061(a), Family Code, is amended to
58-21 read as follows:
58-22 (a) In any suit affecting the parent-child relationship or
58-23 proceeding under the Uniform Interstate Family Support Act (Chapter
58-24 21 of this code) <reciprocal child support action under Chapter 21
58-25 of this code>, a court shall order that health insurance be
58-26 provided for the child. The court shall consider the cost and
58-27 quality of health insurance coverage available to the parties and
59-1 shall give priority to health insurance coverage supplied by an
59-2 employer of one of the parties.
59-3 SECTION 9. Section 14.30(c), Family Code, is amended to read
59-4 as follows:
59-5 (c) Venue and Transfer. Venue for proceedings brought under
59-6 this subchapter shall be as provided in Section 11.04 of this code
59-7 or, when applicable, according to the transfer provisions of
59-8 Sections <Section> 11.06 or 11.061 of this code.
59-9 SECTION 10. Section 14.313(b), Family Code, is amended to
59-10 read as follows:
59-11 (b) Claims. Claims that may be joined include proceedings
59-12 to:
59-13 (1) enforce a child support order by contempt under
59-14 Section 14.40 of this code;
59-15 (2) reduce child support arrearages to judgment under
59-16 Section 14.41 of this code;
59-17 (3) require a person obligated to support a child to
59-18 furnish bond or other security under Section 14.42 of this code;
59-19 (4) require withholding from earnings under Section
59-20 14.43 or Subchapter C of this chapter;
59-21 (5) enforce a right of possession of or access to a
59-22 child by contempt under Section 14.50 of this code;
59-23 (6) require a person to furnish bond or other security
59-24 to ensure compliance with a court order for possession of or access
59-25 to a child under Section 14.51 of this code;
59-26 (7) transfer the proceeding because venue is improper
59-27 under Sections <Section> 11.06 or 11.061 of this code;
60-1 (8) petition for further action concerning a child
60-2 under Section 11.07 of this code;
60-3 (9) modify an existing order or decree under Section
60-4 14.08 of this code;
60-5 (10) petition for a writ of habeas corpus under
60-6 Section 14.10 of this code;
60-7 (11) recover damages under Chapter 36 of this code;
60-8 (12) initiate procedures for withholding child support
60-9 from earnings without the necessity of further action by the court
60-10 under Sections 14.44 and 14.45 of this code; and
60-11 (13) recover under the Uniform Interstate Family
60-12 Support Act (Chapter 21 of this code) <any reciprocal enforcement
60-13 of support act or interstate income withholding act> whether as
60-14 issuing <rendering> or responding state.
60-15 SECTION 11. Section 14.44(h), Family Code, is amended to
60-16 read as follows:
60-17 (h) Interstate Requests for Income Withholding. In a
60-18 proceeding initiated under Part D of Title IV of the federal Social
60-19 Security Act (42 U.S.C. Section 651 et seq.), the registration of a
60-20 foreign support order under the Uniform Interstate Family Support
60-21 Act (Chapter 21 of this code) is sufficient for the filing of a
60-22 notice of delinquency under this section. The notice shall be
60-23 filed with the clerk of the court having venue under <Chapter 21
60-24 of> this code. Notice of delinquency as provided in this section
60-25 may be delivered to the obligor at the same time that an order is
60-26 filed for registration under Chapter 21 of this code.
60-27 SECTION 12. Subchapter C, Chapter 14, Family Code, is
61-1 repealed.
61-2 SECTION 13. Section 14.873, Family Code, is amended to read
61-3 as follows:
61-4 Sec. 14.873. Enforcement of Existing Court Order for Child
61-5 Support. If a court order for child support has been issued by a
61-6 court, a child support agency may:
61-7 (1) commence enforcement proceedings under Subchapter
61-8 B of this chapter;
61-9 (2) commence an action to confirm a child support
61-10 arrearage and to obtain a judgment for past-due child support
61-11 payments as provided by Section 14.41 of this code;
61-12 (3) petition the court to require a person obligated
61-13 to support a child to furnish a bond or other security under
61-14 Section 14.42 of this code;
61-15 (4) petition the court to require withholding from
61-16 earnings under Section 14.43 or Subchapter C of this chapter; or
61-17 (5) recover under the Uniform Interstate Family
61-18 Support Act (Chapter 21 of this code) <any reciprocal enforcement
61-19 or support act or interstate income withholding act>.
61-20 SECTION 14. Section 14.91(d), Family Code, is amended to
61-21 read as follows:
61-22 (d) In the appointment of a friend of the court, the court
61-23 shall give preference to:
61-24 (1) a local domestic relations office;
61-25 (2) a local child support collection office;
61-26 (3) the local court official designated to enforce
61-27 actions under the <Revised> Uniform Interstate Family <Reciprocal
62-1 Enforcement of> Support Act (Chapter 21 of this code); or
62-2 (4) an attorney in good standing with the State Bar of
62-3 Texas.
62-4 SECTION 15. Section 17.05, Family Code, is amended to read
62-5 as follows:
62-6 Sec. 17.05. Jurisdiction of Chapter 17 Proceedings. (a) A
62-7 suit affecting the parent-child relationship brought by a
62-8 governmental entity seeking conservatorship or termination and a
62-9 temporary restraining order or attachment of a child under this
62-10 chapter may be filed in any court with jurisdiction to hear suits
62-11 affecting the parent-child relationship in the county in which the
62-12 child is found.
62-13 (b) Immediately after the issuance of such temporary orders
62-14 as are necessary for the protection of the child pending a final
62-15 hearing, a governmental entity shall determine the court of
62-16 continuing jurisdiction and shall institute any transfers as are
62-17 necessary under Section 17.06, <or> 11.06, or 11.061 of this code.
62-18 SECTION 16. This Act takes effect September 1, 1993, and
62-19 applies only to an order, decree, or judgment entered on or after
62-20 that date.
62-21 SECTION 17. The importance of this legislation and the
62-22 crowded condition of the calendars in both houses create an
62-23 emergency and an imperative public necessity that the
62-24 constitutional rule requiring bills to be read on three several
62-25 days in each house be suspended, and this rule is hereby suspended.