73R2718 JMM-F
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 SECTION 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 (21) "Support order" means a judgment, decree, or
4-17 order, whether temporary, final, or subject to modification, for
4-18 the benefit of a child, a spouse, or a former spouse, that provides
4-19 for monetary support, health care, arrearages, or reimbursement,
4-20 and may include related costs and fees, interest, income
4-21 withholding, attorney's fees, and other relief.
4-22 (22) "Tribunal" means a court, administrative agency,
4-23 or quasi-judicial entity authorized to establish, enforce, or
4-24 modify support orders or to determine parentage.
4-25 Sec. 21.02. TRIBUNAL OF THIS STATE. The court is the
4-26 tribunal of this state.
4-27 Sec. 21.03. REMEDIES CUMULATIVE. Remedies provided by this
5-1 chapter are cumulative and do not affect the availability of
5-2 remedies under other law.
5-3 SUBCHAPTER B. JURISDICTION
5-4 Sec. 21.04. BASES FOR JURISDICTION OVER NONRESIDENT. In a
5-5 proceeding to establish, enforce, or modify a support order or to
5-6 determine parentage, a tribunal of this state may exercise personal
5-7 jurisdiction over a nonresident individual or the individual's
5-8 guardian or conservator if:
5-9 (1) the individual is personally served with citation
5-10 within this state;
5-11 (2) the individual submits to the jurisdiction of this
5-12 state by consent, by entering a general appearance, or by filing a
5-13 responsive document having the effect of waiving any contest to
5-14 personal jurisdiction;
5-15 (3) the individual resided with the child in this
5-16 state;
5-17 (4) the individual resided in this state and provided
5-18 prenatal expenses or support for the child;
5-19 (5) the child resides in this state as a result of the
5-20 acts or directives of the individual;
5-21 (6) the individual engaged in sexual intercourse in
5-22 this state and the child may have been conceived by that act of
5-23 intercourse; or
5-24 (7) there is any other basis consistent with the
5-25 constitutions of this state and the United States for the exercise
5-26 of personal jurisdiction.
5-27 Sec. 21.05. PROCEDURE WHEN EXERCISING JURISDICTION OVER
6-1 NONRESIDENT. A tribunal of this state exercising personal
6-2 jurisdiction over a nonresident under Section 21.04 of this code
6-3 may apply Section 21.28 of this code to receive evidence from
6-4 another state and Section 21.30 of this code to obtain discovery
6-5 through a tribunal of another state. In all other respects,
6-6 Subchapters C through G of this chapter do not apply and the
6-7 tribunal shall apply the procedural and substantive law of this
6-8 state, including the rules on choice of law other than those
6-9 established by this chapter.
6-10 Sec. 21.06. INITIATING AND RESPONDING TRIBUNAL OF THIS
6-11 STATE. Under this chapter, a tribunal of this state may serve as
6-12 an initiating tribunal to forward proceedings to another state and
6-13 as a responding tribunal for proceedings initiated in another
6-14 state.
6-15 Sec. 21.07. SIMULTANEOUS PROCEEDINGS IN ANOTHER STATE.
6-16 (a) A tribunal of this state may exercise jurisdiction to
6-17 establish a support order if the petition or comparable pleading is
6-18 filed after a pleading is filed in another state only if:
6-19 (1) the petition or comparable pleading in this state
6-20 is filed before the expiration of the time allowed in the other
6-21 state for filing a responsive pleading challenging the exercise of
6-22 jurisdiction by the other state;
6-23 (2) the contesting party timely challenges the
6-24 exercise of jurisdiction in the other state; and
6-25 (3) if relevant, this state is the home state of the
6-26 child.
6-27 (b) A tribunal of this state may not exercise jurisdiction
7-1 to establish a support order if the petition or comparable pleading
7-2 is filed before a petition or comparable pleading is filed in
7-3 another state if:
7-4 (1) the petition or comparable pleading in the other
7-5 state is filed before the expiration of the time allowed in this
7-6 state for filing a responsive pleading challenging the exercise of
7-7 jurisdiction by this state;
7-8 (2) the contesting party timely challenges the
7-9 exercise of jurisdiction in this state; and
7-10 (3) if relevant, the other state is the home state of
7-11 the child.
7-12 Sec. 21.08. CONTINUING, EXCLUSIVE JURISDICTION. (a) A
7-13 tribunal of this state issuing a support order consistent with the
7-14 law of this state has continuing, exclusive jurisdiction over a
7-15 child support order:
7-16 (1) as long as this state remains the residence of the
7-17 obligor, the individual obligee, or the child for whose benefit the
7-18 support order is issued; or
7-19 (2) until each individual party has filed written
7-20 consent with the tribunal of this state for a tribunal of another
7-21 state to modify the order and assume continuing, exclusive
7-22 jurisdiction.
7-23 (b) A tribunal of this state issuing a child support order
7-24 consistent with the law of this state may not exercise its
7-25 continuing jurisdiction to modify the order if the order has been
7-26 modified by a tribunal of another state pursuant to a law
7-27 substantially similar to this chapter.
8-1 (c) If a child support order of this state is modified by a
8-2 tribunal of another state pursuant to a law substantially similar
8-3 to this chapter, a tribunal of this state loses its continuing,
8-4 exclusive jurisdiction with regard to prospective enforcement of
8-5 the order issued in this state, and may only:
8-6 (1) enforce the order that was modified as to amounts
8-7 accruing before the modification;
8-8 (2) enforce nonmodifiable aspects of that order; and
8-9 (3) provide other appropriate relief for violations of
8-10 that order that occurred before the effective date of the
8-11 modification.
8-12 (d) A tribunal of this state shall recognize the continuing,
8-13 exclusive jurisdiction of a tribunal of another state that issued a
8-14 child support order pursuant to a law substantially similar to this
8-15 chapter.
8-16 (e) A temporary support order issued ex parte or pending
8-17 resolution of a jurisdictional conflict does not create continuing,
8-18 exclusive jurisdiction in the issuing tribunal.
8-19 (f) A tribunal of this state issuing a support order
8-20 consistent with the law of this state has continuing, exclusive
8-21 jurisdiction over a spousal support order throughout the existence
8-22 of the support obligation. A tribunal of this state may not modify
8-23 a spousal support order issued by a tribunal of another state
8-24 having continuing, exclusive jurisdiction over that order under the
8-25 law of that state.
8-26 Sec. 21.09. ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER BY
8-27 TRIBUNAL HAVING CONTINUING JURISDICTION. (a) A tribunal of this
9-1 state may serve as an initiating tribunal to request a tribunal of
9-2 another state to enforce or modify a support order issued in that
9-3 state.
9-4 (b) A tribunal of this state having continuing, exclusive
9-5 jurisdiction over a support order may act as a responding tribunal
9-6 to enforce or modify the order. If a party subject to the
9-7 tribunal's continuing, exclusive jurisdiction of the tribunal no
9-8 longer resides in the issuing state, in subsequent proceedings the
9-9 tribunal may apply Section 21.28 of this code to receive evidence
9-10 from another state and Section 21.30 of this code to obtain
9-11 discovery through a tribunal of another state.
9-12 (c) A tribunal of this state that lacks continuing,
9-13 exclusive jurisdiction over a spousal support order may not serve
9-14 as a responding tribunal to modify a spousal support order of
9-15 another state.
9-16 Sec. 21.10. RECOGNITION OF CHILD SUPPORT ORDERS. (a) If a
9-17 proceeding is brought under this chapter, and one or more child
9-18 support orders have been issued in this or another state with
9-19 regard to an obligor and a child, a tribunal of this state shall
9-20 apply the following rules in determining which order to recognize
9-21 for purposes of continuing, exclusive jurisdiction:
9-22 (1) if only one tribunal has issued a child support
9-23 order, the order of that tribunal must be recognized;
9-24 (2) if two or more tribunals have issued child support
9-25 orders for the same obligor and child, and only one of the
9-26 tribunals would have continuing, exclusive jurisdiction under this
9-27 chapter, the order of that tribunal must be recognized;
10-1 (3) if two or more tribunals have issued child support
10-2 orders for the same obligor and child, and more than one of the
10-3 tribunals would have continuing, exclusive jurisdiction under this
10-4 chapter, an order issued by a tribunal in the current home state of
10-5 the child must be recognized, but if an order has not been issued
10-6 in the current home state of the child, the order most recently
10-7 issued must be recognized; and
10-8 (4) if two or more tribunals have issued child support
10-9 orders for the same obligor and child, and none of the tribunals
10-10 would have continuing, exclusive jurisdiction under this chapter,
10-11 the tribunal of this state may issue a child support order, which
10-12 must be recognized.
10-13 (b) The tribunal that has issued an order recognized under
10-14 Subsection (a) of this section is the tribunal having continuing,
10-15 exclusive jurisdiction.
10-16 Sec. 21.11. MULTIPLE CHILD SUPPORT ORDERS FOR TWO OR MORE
10-17 OBLIGEES. In responding to multiple registrations or petitions
10-18 for enforcement of two or more child support orders in effect at
10-19 the same time with regard to the same obligor and different
10-20 individual obligees, at least one of which was issued by a tribunal
10-21 of another state, a tribunal of this state shall enforce those
10-22 orders in the same manner as if the multiple orders had been issued
10-23 by a tribunal of this state.
10-24 Sec. 21.12. CREDIT FOR PAYMENTS. Amounts collected and
10-25 credited for a particular period pursuant to a support order issued
10-26 by a tribunal of another state must be credited against the amounts
10-27 accruing or accrued for the same period under a support order
11-1 issued by the tribunal of this state.
11-2 SUBCHAPTER C. CIVIL PROVISIONS OF GENERAL APPLICATION
11-3 Sec. 21.13. PROCEEDINGS UNDER THIS CHAPTER. (a) Except as
11-4 otherwise provided in this chapter, this subchapter applies to all
11-5 proceedings under this chapter.
11-6 (b) This chapter provides for the following proceedings:
11-7 (1) establishment of an order for spousal support or
11-8 child support pursuant to Subchapter D of this chapter;
11-9 (2) enforcement of a support order and
11-10 income-withholding order of another state without registration
11-11 pursuant to Subchapter E of this chapter;
11-12 (3) registration of an order for spousal support or
11-13 child support of another state for enforcement pursuant to
11-14 Subchapter F of this chapter;
11-15 (4) modification of an order for child support or
11-16 spousal support issued by a tribunal of this state pursuant to
11-17 Sections 21.06 through 21.08 of this code;
11-18 (5) registration of an order for child support of
11-19 another state for modification pursuant to Subchapter F of this
11-20 chapter;
11-21 (6) determination of parentage pursuant to Subchapter
11-22 G of this chapter; and
11-23 (7) assertion of jurisdiction over nonresidents
11-24 pursuant to Sections 21.04 and 21.05 of this code.
11-25 (c) An individual or a support enforcement agency may
11-26 commence a proceeding authorized under this chapter by filing a
11-27 petition in an initiating tribunal for forwarding to a responding
12-1 tribunal or by filing a petition or a comparable pleading directly
12-2 in a tribunal of another state that has or can obtain personal
12-3 jurisdiction over the respondent.
12-4 Sec. 21.14. ACTION BY MINOR PARENT. A minor parent, or a
12-5 guardian or other legal representative of a minor parent, may
12-6 maintain a proceeding on behalf of or for the benefit of the
12-7 minor's child.
12-8 Sec. 21.15. APPLICATION OF LAW OF THIS STATE. Except as
12-9 otherwise provided by this chapter, a responding tribunal of this
12-10 state:
12-11 (1) shall apply the procedural and substantive law,
12-12 including the rules on choice of law, generally applicable to
12-13 similar proceedings originating in this state and may exercise all
12-14 powers and provide all remedies available in those proceedings; and
12-15 (2) shall determine the duty of support and the amount
12-16 payable in accordance with the law and support guidelines of this
12-17 state.
12-18 Sec. 21.16. DUTIES OF INITIATING TRIBUNAL. Upon the filing
12-19 of a petition authorized by this chapter, an initiating tribunal of
12-20 this state shall forward three copies of the petition and its
12-21 accompanying documents:
12-22 (1) to the responding tribunal or appropriate support
12-23 enforcement agency in the responding state; or
12-24 (2) if the identity of the responding tribunal is
12-25 unknown, to the state information agency of the responding state
12-26 with a request that they be forwarded to the appropriate tribunal
12-27 and that receipt be acknowledged.
13-1 Sec. 21.17. DUTIES AND POWERS OF RESPONDING TRIBUNAL.
13-2 (a) When a responding tribunal of this state receives a petition
13-3 or comparable pleading from an initiating tribunal or directly
13-4 pursuant to Section 21.13(c) of this code, it shall cause the
13-5 petition or pleading to be filed and notify the petitioner by first
13-6 class mail where and when it was filed.
13-7 (b) A responding tribunal of this state, to the extent
13-8 otherwise authorized by law, may do one or more of the following:
13-9 (1) issue or enforce a support order, modify a child
13-10 support order, or render a judgment to determine parentage;
13-11 (2) order an obligor to comply with a support order,
13-12 specifying the amount and the manner of compliance;
13-13 (3) order income withholding;
13-14 (4) determine the amount of any arrearages, and
13-15 specify a method of payment;
13-16 (5) enforce orders by civil or criminal contempt, or
13-17 both;
13-18 (6) set aside property for satisfaction of the support
13-19 order;
13-20 (7) place liens and order execution on the obligor's
13-21 property;
13-22 (8) order an obligor to keep the tribunal informed of
13-23 the obligor's current residential address, telephone number,
13-24 employer, address of employment, and telephone number at the place
13-25 of employment;
13-26 (9) issue a bench warrant or capias for an obligor who
13-27 has failed after proper notice to appear at a hearing ordered by
14-1 the tribunal and enter the bench warrant or capias in any local and
14-2 state computer systems for criminal warrants;
14-3 (10) order the obligor to seek appropriate employment
14-4 by specified methods;
14-5 (11) award reasonable attorney's fees and other fees
14-6 and costs; and
14-7 (12) grant any other available remedy.
14-8 (c) A responding tribunal of this state shall include in a
14-9 support order issued under this chapter, or in the documents
14-10 accompanying the order, the calculations on which the support order
14-11 is based.
14-12 (d) A responding tribunal of this state may not condition
14-13 the payment of a support order issued under this chapter on
14-14 compliance by a party with provisions for visitation.
14-15 (e) If a responding tribunal of this state issues an order
14-16 under this chapter, the tribunal shall send a copy of the order by
14-17 first class mail to the petitioner and the respondent and to the
14-18 initiating tribunal, if any.
14-19 Sec. 21.18. INAPPROPRIATE TRIBUNAL. If a petition or
14-20 comparable pleading is received by an inappropriate tribunal of
14-21 this state, it shall forward the pleading and accompanying
14-22 documents to an appropriate tribunal in this state or another state
14-23 and notify the petitioner by first class mail where and when the
14-24 pleading was sent.
14-25 Sec. 21.19. DUTIES OF SUPPORT ENFORCEMENT AGENCY. (a) A
14-26 support enforcement agency of this state, on request, shall provide
14-27 services to a petitioner in a proceeding under this chapter.
15-1 (b) A support enforcement agency that is providing services
15-2 to the petitioner as appropriate shall:
15-3 (1) take all steps necessary to enable an appropriate
15-4 tribunal in this state or another state to obtain jurisdiction over
15-5 the respondent;
15-6 (2) request an appropriate tribunal to set a date,
15-7 time, and place for a hearing;
15-8 (3) make a reasonable effort to obtain all relevant
15-9 information, including information as to income and property of the
15-10 parties;
15-11 (4) within two days, exclusive of Saturdays, Sundays,
15-12 and legal holidays, after receipt of a written notice from an
15-13 initiating, responding, or registering tribunal, send a copy of the
15-14 notice by first class mail to the petitioner;
15-15 (5) within two days, exclusive of Saturdays, Sundays,
15-16 and legal holidays, after receipt of a written communication from
15-17 the respondent or the respondent's attorney, send a copy of the
15-18 communication by first class mail to the petitioner; and
15-19 (6) notify the petitioner if jurisdiction over the
15-20 respondent cannot be obtained.
15-21 (c) This chapter does not create or negate a relationship of
15-22 attorney and client or other fiduciary relationship between a
15-23 support enforcement agency or the attorney for the agency and the
15-24 individual being assisted by the agency.
15-25 Sec. 21.20. DUTY OF ATTORNEY GENERAL. If the attorney
15-26 general determines that the support enforcement agency is
15-27 neglecting or refusing to provide services to an individual, the
16-1 attorney general may order the agency to perform its duties under
16-2 this chapter or may provide those services directly to the
16-3 individual.
16-4 Sec. 21.21. PRIVATE COUNSEL. An individual may employ
16-5 private counsel to represent the individual in proceedings
16-6 authorized by this chapter.
16-7 Sec. 21.22. DUTIES OF STATE INFORMATION AGENCY. (a) The
16-8 attorney general's office is the state information agency under
16-9 this chapter.
16-10 (b) The state information agency shall:
16-11 (1) compile and maintain a current list, including
16-12 addresses, of the tribunals in this state that have jurisdiction
16-13 under this chapter and any support enforcement agencies in this
16-14 state and transmit a copy to the state information agency of every
16-15 other state;
16-16 (2) maintain a register of tribunals and support
16-17 enforcement agencies received from other states;
16-18 (3) forward to the appropriate tribunal in the place
16-19 in this state where the individual obligee or the obligor resides,
16-20 or where the obligor's property is believed to be located, all
16-21 documents concerning a proceeding under this chapter received from
16-22 an initiating tribunal or the state information agency of the
16-23 initiating state; and
16-24 (4) obtain information concerning the location of the
16-25 obligor and the obligor's property within this state not exempt
16-26 from execution, by such means as postal verification and federal or
16-27 state locator services, examination of telephone directories,
17-1 requests for the obligor's address from employers, and examination
17-2 of governmental records, including, to the extent not prohibited by
17-3 other law, those relating to real property, vital statistics, law
17-4 enforcement, taxation, motor vehicles, driver's licenses, and
17-5 social security.
17-6 Sec. 21.23. PLEADINGS AND ACCOMPANYING DOCUMENTS. (a) A
17-7 petitioner seeking to establish or modify a support order or to
17-8 determine parentage in a proceeding under this chapter must verify
17-9 the petition. Unless otherwise ordered under Section 21.24 of this
17-10 code, the petition or accompanying documents must provide, so far
17-11 as known, the name, residential address, and social security
17-12 numbers of the obligor and the obligee, and the name, sex,
17-13 residential address, social security number, and date of birth of
17-14 each child for whom support is sought. The petition must be
17-15 accompanied by a certified copy of any support order in effect.
17-16 The petition may include any other information that may assist in
17-17 locating or identifying the respondent.
17-18 (b) The petition must specify the relief sought. The
17-19 petition and accompanying documents must conform substantially with
17-20 the requirements imposed by the forms mandated by federal law for
17-21 use in cases filed by a support enforcement agency.
17-22 Sec. 21.24. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL
17-23 CIRCUMSTANCES. On a finding, which may be made ex parte, that the
17-24 health, safety, or liberty of a party or child would be
17-25 unreasonably put at risk by the disclosure of identifying
17-26 information, or if an existing order so provides, a tribunal shall
17-27 order that the address of the child or party or other identifying
18-1 information not be disclosed in a pleading or other document filed
18-2 in a proceeding under this chapter.
18-3 Sec. 21.25. COSTS AND FEES. (a) The petitioner may not be
18-4 required to pay a filing fee or other costs.
18-5 (b) If an obligee prevails, a responding tribunal may
18-6 assess against an obligor filing fees, reasonable attorney's fees,
18-7 other costs, and necessary travel and other reasonable expenses
18-8 incurred by the obligee and the obligee's witnesses. The tribunal
18-9 may not assess fees, costs, or expenses against the obligee or the
18-10 support enforcement agency of either the initiating or the
18-11 responding state, except as provided by other law. Attorney's fees
18-12 may be taxed as costs, and may be ordered paid directly to the
18-13 attorney, who may enforce the order in the attorney's own name.
18-14 Payment of support owed to the obligee has priority over fees,
18-15 costs and expenses.
18-16 (c) The tribunal shall order the payment of costs and
18-17 reasonable attorney's fees if it determines that a hearing was
18-18 requested primarily for delay. In a proceeding under Subchapter F
18-19 of this code, a hearing is presumed to have been requested
18-20 primarily for delay if a registered support order is confirmed or
18-21 enforced without change.
18-22 Sec. 21.26. LIMITED IMMUNITY OF PETITIONER. (a)
18-23 Participation by a petitioner in a proceeding before a responding
18-24 tribunal, whether in person, by private attorney, or through
18-25 services provided by the support enforcement agency, does not
18-26 confer personal jurisdiction over the petitioner in another
18-27 proceeding.
19-1 (b) A petitioner is not amenable to service of civil process
19-2 while physically present in this state to participate in a
19-3 proceeding under this chapter.
19-4 (c) The immunity granted by this section does not extend to
19-5 civil litigation based on acts unrelated to a proceeding under this
19-6 chapter committed by a party while present in this state to
19-7 participate in the proceeding.
19-8 Sec. 21.27. NONPARENTAGE AS DEFENSE. A party whose
19-9 parentage of a child has been previously determined by or pursuant
19-10 to law may not plead nonparentage as a defense to a proceeding
19-11 under this chapter.
19-12 Sec. 21.28. SPECIAL RULES OF EVIDENCE AND PROCEDURE. (a)
19-13 The physical presence of the petitioner in a responding tribunal of
19-14 this state is not required for the establishment, enforcement, or
19-15 modification of a support order or the rendition of a judgment
19-16 determining parentage.
19-17 (b) A verified petition, affidavit, document substantially
19-18 complying with federally mandated forms, and a document
19-19 incorporated by reference in any of them, not excluded under the
19-20 hearsay rule if given in person, is admissible in evidence if given
19-21 under oath by a party or witness residing in another state.
19-22 (c) A copy of the record of child support payments certified
19-23 as a true copy of the original by the custodian of the record may
19-24 be forwarded to a responding tribunal. The copy is evidence of
19-25 facts asserted in it, and is admissible to show whether payments
19-26 were made.
19-27 (d) Copies of bills for testing for parentage, and for
20-1 prenatal and postnatal health care of the mother and child,
20-2 furnished to the adverse party at least 10 days before trial, are
20-3 admissible in evidence to prove the amount of the charges billed
20-4 and that the charges were reasonable, necessary, and customary.
20-5 (e) Documentary evidence transmitted from another state to a
20-6 tribunal of this state by telephone, telecopier, or other means
20-7 that do not provide an original writing may not be excluded from
20-8 evidence on an objection based on the means of transmission.
20-9 (f) In a proceeding under this chapter, a tribunal of this
20-10 state may permit a party or witness residing in another state to be
20-11 deposed or to testify by telephone, audiovisual means, or other
20-12 electronic means at a designated tribunal or other location in that
20-13 state. A tribunal of this state shall cooperate with tribunals of
20-14 other states in designating an appropriate location for the
20-15 deposition or testimony.
20-16 (g) If a party called to testify at a civil hearing refuses
20-17 to answer on the ground that the testimony may be
20-18 self-incriminating, the trier of fact may draw an adverse inference
20-19 from the refusal.
20-20 (h) A privilege against disclosure of communications between
20-21 spouses does not apply in a proceeding under this chapter.
20-22 (i) The defense of immunity based on the relationship of
20-23 husband and wife or parent and child does not apply in a proceeding
20-24 under this chapter.
20-25 Sec. 21.29. COMMUNICATIONS BETWEEN TRIBUNALS. A tribunal of
20-26 this state may communicate with a tribunal of another state in
20-27 writing, or by telephone or other means, to obtain information
21-1 concerning the laws of that state, the legal effect of a judgment,
21-2 decree, or order of that tribunal, and the status of a proceeding
21-3 in the other state. A tribunal of this state may furnish similar
21-4 information by similar means to a tribunal of another state.
21-5 Sec. 21.30. ASSISTANCE WITH DISCOVERY. A tribunal of this
21-6 state may:
21-7 (1) request a tribunal of another state to assist in
21-8 obtaining discovery; and
21-9 (2) on request, compel a person over whom it has
21-10 jurisdiction to respond to a discovery order issued by a tribunal
21-11 of another state.
21-12 Sec. 21.31. RECEIPT AND DISBURSEMENT OF PAYMENTS. A
21-13 support enforcement agency or tribunal of this state shall disburse
21-14 promptly any amounts received pursuant to a support order, as
21-15 directed by the order. The agency or tribunal shall furnish to a
21-16 requesting party or tribunal of another state a certified statement
21-17 by the custodian of the record of the amounts and dates of all
21-18 payments received.
21-19 SUBCHAPTER D. ESTABLISHMENT OF SUPPORT ORDER
21-20 Sec. 21.32. PETITION TO ESTABLISH SUPPORT ORDER. (a) If a
21-21 support order entitled to recognition under this chapter has not
21-22 been issued, a responding tribunal of this state may issue a
21-23 support order if:
21-24 (1) the individual seeking the order resides in
21-25 another state; or
21-26 (2) the support enforcement agency seeking the order
21-27 is located in another state.
22-1 (b) The tribunal may issue a temporary child support order
22-2 if:
22-3 (1) the respondent has signed a verified statement
22-4 acknowledging parentage;
22-5 (2) the respondent has been determined by or pursuant
22-6 to law to be the parent; or
22-7 (3) there is other clear and convincing evidence that
22-8 the respondent is the child's parent.
22-9 (c) On finding, after notice and opportunity to be heard,
22-10 that an obligor owes a duty of support, the tribunal shall issue a
22-11 support order directed to the obligor and may issue other orders
22-12 pursuant to Section 21.17 of this code.
22-13 SUBCHAPTER E. DIRECT ENFORCEMENT OF ORDER OF ANOTHER
22-14 STATE WITHOUT REGISTRATION
22-15 Sec. 21.33. RECOGNITION OF INCOME-WITHHOLDING ORDER OF
22-16 ANOTHER STATE. (a) An income-withholding order issued in another
22-17 state may be sent by first class mail to the obligor's employer
22-18 under Section 14.43 of this code without first filing a petition or
22-19 comparable pleading or registering the order with a tribunal of
22-20 this state. On receipt of the order, the employer shall:
22-21 (1) treat an income-withholding order issued in
22-22 another state that appears regular on its face as if it had been
22-23 issued by a tribunal of this state;
22-24 (2) immediately provide a copy of the order to the
22-25 obligor; and
22-26 (3) distribute the funds as directed in the
22-27 withholding order.
23-1 (b) An obligor may contest the validity or enforcement of an
23-2 income-withholding order issued in another state in the same manner
23-3 as if the order had been issued by a tribunal of this state.
23-4 Section 21.38 of this code applies to the contest. The obligor
23-5 shall give notice of the contest to any support enforcement agency
23-6 providing services to the obligee and to:
23-7 (1) the person or agency designated to receive
23-8 payments in the income-withholding order; or
23-9 (2) if no person or agency is designated, the obligee.
23-10 Sec. 21.34. ADMINISTRATIVE ENFORCEMENT OF ORDERS. (a) A
23-11 party seeking to enforce a support order or an income-withholding
23-12 order, or both, issued by a tribunal of another state may send the
23-13 documents required for registering the order to a support
23-14 enforcement agency of this state.
23-15 (b) On receipt of the documents, the support enforcement
23-16 agency, without initially seeking to register the order, shall
23-17 consider and, if appropriate, use any administrative procedure
23-18 authorized by the law of this state to enforce a support order or
23-19 an income-withholding order, or both. If the obligor does not
23-20 contest administrative enforcement, the order need not be
23-21 registered. If the obligor contests the validity or administrative
23-22 enforcement of the order, the support enforcement agency shall
23-23 register the order pursuant to this chapter.
23-24 SUBCHAPTER F. ENFORCEMENT AND MODIFICATION OF
23-25 SUPPORT ORDER AFTER REGISTRATION
23-26 Sec. 21.35. REGISTRATION OF ORDER FOR ENFORCEMENT. A
23-27 support order or an income-withholding order issued by a tribunal
24-1 of another state may be registered in this state for enforcement.
24-2 Sec. 21.36. PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT.
24-3 (a) A support order or income-withholding order of another state
24-4 may be registered in this state by sending the following documents
24-5 and information to the appropriate tribunal in this state:
24-6 (1) a letter of transmittal to the tribunal requesting
24-7 registration and enforcement;
24-8 (2) two copies, including one certified copy, of all
24-9 orders to be registered, including any modification of an order;
24-10 (3) a sworn statement by the party seeking
24-11 registration or a certified statement by the custodian of the
24-12 records showing the amount of any arrearage;
24-13 (4) the name of the obligor and, if known:
24-14 (A) the obligor's address and social security
24-15 number;
24-16 (B) the name and address of the obligor's
24-17 employer and any other source of income of the obligor; and
24-18 (C) a description and the location of property
24-19 of the obligor in this state not exempt from execution; and
24-20 (5) the name and address of the obligee and, if
24-21 applicable, the agency or person to whom support payments are to be
24-22 remitted.
24-23 (b) On receipt of a request for registration, the
24-24 registering tribunal shall cause the order to be filed as a foreign
24-25 judgment, together with one copy of the documents and information,
24-26 regardless of their form.
24-27 (c) A petition or comparable pleading seeking a remedy that
25-1 must be affirmatively sought under other law of this state may be
25-2 filed at the same time as the request for registration or later.
25-3 The pleading must specify the grounds for the remedy sought.
25-4 Sec. 21.37. EFFECT OF REGISTRATION FOR ENFORCEMENT. (a) A
25-5 support order or income-withholding order issued in another state
25-6 is registered when the order is filed in the registering tribunal
25-7 of this state.
25-8 (b) A registered order issued in another state is
25-9 enforceable in the same manner and is subject to the same
25-10 procedures as an order issued by a tribunal of this state.
25-11 (c) Except as otherwise provided in this subchapter, a
25-12 tribunal of this state shall recognize and enforce, but may not
25-13 modify, a registered order if the issuing tribunal had
25-14 jurisdiction.
25-15 Sec. 21.38. CHOICE OF LAW. (a) The law of the issuing
25-16 state governs the nature, extent, amount, and duration of current
25-17 payments and other obligations of support and the payment of
25-18 arrearages under the order.
25-19 (b) In a proceeding for arrearages, the statute of
25-20 limitation under the laws of this state or of the issuing state,
25-21 whichever is longer, applies.
25-22 Sec. 21.39. NOTICE OF REGISTRATION OF ORDER. (a) When a
25-23 support order or income-withholding order issued in another state
25-24 is registered, the registering tribunal shall notify the
25-25 nonregistering party. Notice must be given by first class,
25-26 certified, or registered mail or by any means of personal service
25-27 authorized by the law of this state. The notice must be
26-1 accompanied by a copy of the registered order and the documents and
26-2 relevant information accompanying the order.
26-3 (b) The notice must inform the nonregistering party:
26-4 (1) that a registered order is enforceable as of the
26-5 date of registration in the same manner as an order issued by a
26-6 tribunal of this state;
26-7 (2) that a hearing to contest the validity or
26-8 enforcement of the registered order must be requested within 20
26-9 days after the date of mailing or personal service of the notice;
26-10 (3) that failure to contest the validity or
26-11 enforcement of the registered order in a timely manner will result
26-12 in confirmation of the order and enforcement of the order and the
26-13 alleged arrearages and precludes further contest of that order with
26-14 respect to any matter that could have been asserted; and
26-15 (4) of the amount of any alleged arrearages.
26-16 (c) On registration of an income-withholding order for
26-17 enforcement, the registering tribunal shall notify the obligor's
26-18 employer pursuant to Section 14.43 of this code.
26-19 Sec. 21.40. PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF
26-20 REGISTERED ORDER. (a) A nonregistering party seeking to contest
26-21 the validity or enforcement of a registered order in this state
26-22 shall request a hearing within 20 days after the date of mailing or
26-23 personal service of notice of the registration. The nonregistering
26-24 party may seek to vacate the registration, to assert any defense to
26-25 an allegation of noncompliance with the registered order, or to
26-26 contest the remedies being sought or the amount of any alleged
26-27 arrearages pursuant to Section 21.41 of this code.
27-1 (b) If the nonregistering party fails to contest the
27-2 validity or enforcement of the registered order in a timely manner,
27-3 the order is confirmed by operation of law.
27-4 (c) If a nonregistering party requests a hearing to contest
27-5 the validity or enforcement of the registered order, the
27-6 registering tribunal shall schedule the matter for hearing and give
27-7 notice to the parties by first class mail of the date, time, and
27-8 place of the hearing.
27-9 Sec. 21.41. CONTEST OF REGISTRATION OR ENFORCEMENT. (a) A
27-10 party contesting the validity or enforcement of a registered order
27-11 or seeking to vacate the registration has the burden of proving one
27-12 or more of the following defenses:
27-13 (1) the issuing tribunal lacked personal jurisdiction
27-14 over the contesting party;
27-15 (2) the order was obtained by fraud;
27-16 (3) the order has been vacated, suspended, or modified
27-17 by a later order;
27-18 (4) the issuing tribunal has stayed the order pending
27-19 appeal;
27-20 (5) there is a defense under the law of this state to
27-21 the remedy sought;
27-22 (6) full or partial payment has been made; or
27-23 (7) the statute of limitation under Section 21.38 of
27-24 this code precludes enforcement of some or all of the arrearages.
27-25 (b) If a party presents evidence establishing a full or
27-26 partial defense under Subsection (a) of this section, a tribunal
27-27 may stay enforcement of the registered order, continue the
28-1 proceeding to permit production of additional relevant evidence,
28-2 and issue other appropriate orders. An uncontested portion of the
28-3 registered order may be enforced by all remedies available under
28-4 the law of this state.
28-5 (c) If the contesting party does not establish a defense
28-6 under Subsection (a) of this section to the validity or enforcement
28-7 of the order, the registering tribunal shall issue an order
28-8 confirming the order.
28-9 Sec. 21.42. CONFIRMED ORDER. Confirmation of a registered
28-10 order, whether by operation of law or after notice and hearing,
28-11 precludes further contest of the order with respect to any matter
28-12 that could have been asserted at the time of registration.
28-13 Sec. 21.43. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF
28-14 ANOTHER STATE FOR MODIFICATION. A party or support enforcement
28-15 agency seeking to modify, or to modify and enforce, a child support
28-16 order issued in another state shall register that order in this
28-17 state in the same manner provided in Sections 21.35 through 21.38
28-18 of this code if the order has not been registered. A petition for
28-19 modification may be filed at the same time as a request for
28-20 registration, or later. The pleading must specify the grounds for
28-21 modification.
28-22 Sec. 21.44. EFFECT OF REGISTRATION FOR MODIFICATION. A
28-23 tribunal of this state may enforce a child support order of another
28-24 state registered for purposes of modification, in the same manner
28-25 as if the order had been issued by a tribunal of this state, but
28-26 the registered order may be modified only if the requirements of
28-27 Section 21.45 of this code have been met.
29-1 Sec. 21.45. MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER
29-2 STATE. (a) After a child support order issued in another state
29-3 has been registered in this state, the responding tribunal of this
29-4 state may modify that order only if, after notice and hearing, it
29-5 finds that:
29-6 (1) the following requirements are met:
29-7 (A) the child, the individual obligee, and the
29-8 obligor do not reside in the issuing state;
29-9 (B) a petitioner who is a nonresident of this
29-10 state seeks modification; and
29-11 (C) the respondent is subject to the personal
29-12 jurisdiction of the tribunal of this state; or
29-13 (2) an individual party or the child is subject to the
29-14 personal jurisdiction of the tribunal and all of the individual
29-15 parties have filed a written consent in the issuing tribunal
29-16 providing that a tribunal of this state may modify the support
29-17 order and assume continuing, exclusive jurisdiction over the order.
29-18 (b) Modification of a registered child support order is
29-19 subject to the same requirements, procedures, and defenses that
29-20 apply to the modification of an order issued by a tribunal of this
29-21 state and the order may be enforced and satisfied in the same
29-22 manner.
29-23 (c) A tribunal of this state may not modify any aspect of a
29-24 child support order that may not be modified under the law of the
29-25 issuing state.
29-26 (d) On issuance of an order modifying a child support order
29-27 issued in another state, a tribunal of this state becomes the
30-1 tribunal of continuing, exclusive jurisdiction.
30-2 (e) Within 30 days after issuance of a modified child
30-3 support order, the party obtaining the modification shall file a
30-4 certified copy of the order with the issuing tribunal that had
30-5 continuing, exclusive jurisdiction over the earlier order, and in
30-6 each tribunal in which the party knows that earlier order has been
30-7 registered.
30-8 Sec. 21.46. RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.
30-9 A tribunal of this state shall recognize a modification of its
30-10 earlier child support order by a tribunal of another state that
30-11 assumed jurisdiction pursuant to a law substantially similar to
30-12 this chapter and, on request, except as otherwise provided in this
30-13 chapter, shall:
30-14 (1) enforce the order that was modified only as to
30-15 amounts accruing before the modification;
30-16 (2) enforce only nonmodifiable aspects of that order;
30-17 (3) provide other appropriate relief only for
30-18 violations of that order that occurred before the effective date of
30-19 the modification; and
30-20 (4) recognize the modifying order of the other state,
30-21 on registration, for the purpose of enforcement.
30-22 SUBCHAPTER G. DETERMINATION OF PARENTAGE
30-23 Sec. 21.47. PROCEEDING TO DETERMINE PARENTAGE. (a) A
30-24 tribunal of this state may serve as an initiating or responding
30-25 tribunal in a proceeding brought under this chapter or a law
30-26 substantially similar to this chapter, the Uniform Reciprocal
30-27 Enforcement of Support Act, or the Revised Uniform Reciprocal
31-1 Enforcement of Support Act to determine that the petitioner is a
31-2 parent of a particular child or to determine that a respondent is a
31-3 parent of that child.
31-4 (b) In a proceeding to determine parentage, a responding
31-5 tribunal of this state shall apply the procedural and substantive
31-6 law of this state and the rules of this state on choice of law.
31-7 SUBCHAPTER H. INTERSTATE RENDITION
31-8 Sec. 21.48. GROUNDS FOR RENDITION. (a) In this subchapter,
31-9 "governor" includes an individual performing the functions of
31-10 governor or the executive authority of a state covered by this
31-11 chapter.
31-12 (b) The governor of this state may:
31-13 (1) demand that the governor of another state
31-14 surrender an individual found in the other state who is charged
31-15 criminally in this state with having failed to provide for the
31-16 support of an obligee; or
31-17 (2) on the demand by the governor of another state,
31-18 surrender an individual found in this state who is charged
31-19 criminally in the other state with having failed to provide for the
31-20 support of an obligee.
31-21 (c) A provision for extradition of individuals not
31-22 inconsistent with this chapter applies to the demand even if the
31-23 individual whose surrender is demanded was not in the demanding
31-24 state when the crime was allegedly committed and has not fled
31-25 therefrom.
31-26 Sec. 21.49. CONDITIONS OF RENDITION. (a) Before making
31-27 demand that the governor of another state surrender an individual
32-1 charged criminally in this state with having failed to provide for
32-2 the support of an obligee, the governor may require a prosecutor of
32-3 this state to demonstrate that at least 60 days previously the
32-4 obligee had initiated proceedings for support pursuant to this
32-5 chapter or that initiating the proceeding would be of no avail.
32-6 (b) If, under this chapter or a law substantially similar to
32-7 this chapter, the Uniform Reciprocal Enforcement of Support Act, or
32-8 the Revised Uniform Reciprocal Enforcement of Support Act, the
32-9 governor of another state makes a demand that the governor of this
32-10 state surrender an individual charged criminally in that state with
32-11 having failed to provide for the support of a child or other
32-12 individual to whom a duty of support is owed, the governor may
32-13 require a prosecutor to investigate the demand and report whether a
32-14 proceeding for support has been initiated or would be effective.
32-15 If it appears that a proceeding would be effective but has not been
32-16 initiated, the governor may delay honoring the demand for a
32-17 reasonable time to permit the initiation of a proceeding.
32-18 (c) If a proceeding for support has been initiated and the
32-19 individual whose rendition is demanded prevails, the governor may
32-20 decline to honor the demand. If the petitioner prevails and the
32-21 individual whose rendition is demanded is subject to a support
32-22 order, the governor may decline to honor the demand if the
32-23 individual is complying with the support order.
32-24 SUBCHAPTER I. MISCELLANEOUS PROVISIONS
32-25 Sec. 21.50. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
32-26 This chapter shall be applied and construed to effectuate its
32-27 general purpose to make uniform the law with respect to the subject
33-1 of this chapter among states enacting it.
33-2 Sec. 21.51. SHORT TITLE. This chapter may be cited as the
33-3 Uniform Interstate Family Support Act.
33-4 Sec. 21.52. SEVERABILITY CLAUSE. If any provision of this
33-5 chapter or its application to any person or circumstance is held
33-6 invalid, the invalidity does not affect other provisions or
33-7 applications of this chapter that can be given effect without the
33-8 invalid provision or application, and to this end the provisions of
33-9 this chapter are severable.
33-10 <Sec. 21.01. PURPOSES. The purposes of this chapter are to
33-11 improve and extend by reciprocal legislation the enforcement of
33-12 duties of support.>
33-13 <Sec. 21.02. DEFINITIONS. In this chapter:>
33-14 <(1) "Court" means the district court of this state or
33-15 any other court authorized to order support for children and, when
33-16 the context requires, means the court of any other state as defined
33-17 in a substantially similar reciprocal law.>
33-18 <(2) "Custody" includes the managing conservatorship
33-19 of a child.>
33-20 <(3) "Duty of support" includes any duty of support
33-21 imposed or imposable by law, including duties imposed by Chapter 12
33-22 or 13 of this code, or by any court order, decree, or judgment,
33-23 whether interlocutory or final, whether incidental to a proceeding
33-24 for divorce, judicial separation, separate maintenance, or
33-25 otherwise, but does not include alimony for a former wife except in
33-26 proceedings brought pursuant to Part D of Title IV of the federal
33-27 Social Security Act (42 U.S.C. Section 651 et seq.), requiring that
34-1 an alimony award is entitled to interstate enforcement if awarded
34-2 to an obligee with whom the absent parent's child is living, and
34-3 only if the support obligation established with respect to the
34-4 child is being enforced.>
34-5 <(4) "Governor" includes any person performing the
34-6 functions of the governor or the executive authority of any state
34-7 covered by this chapter.>
34-8 <(5) "Initiating state" means a state in which a
34-9 proceeding pursuant to this or a substantially similar reciprocal
34-10 law is commenced. "Initiating court" means the court in which a
34-11 proceeding is commenced.>
34-12 <(6) "Law" includes both common and statutory law.>
34-13 <(7) "Obligee" means a person, including a state or
34-14 political subdivision, to whom a duty of support is owed or a
34-15 person, including a state or political subdivision, that has
34-16 commenced a proceeding for enforcement of an alleged duty of
34-17 support or for registration of a support order. It is immaterial
34-18 if the person to whom a duty of support is owed is a recipient of
34-19 public assistance.>
34-20 <(8) "Obligor" means any person owing a duty of
34-21 support or against whom a proceeding for the enforcement of a duty
34-22 of support or registration of a support order is commenced.>
34-23 <(9) "Prosecuting attorney" means the public official
34-24 in the appropriate place who has the duty to enforce criminal laws
34-25 relating to the failure to provide for the support of any person,
34-26 or an attorney designated by the court, by a county attorney, by
34-27 any local child support enforcement office, or by the attorney
35-1 general of Texas.>
35-2 <(10) "Register" means to file in the registry of
35-3 foreign support orders.>
35-4 <(11) "Registering court" means any court of this
35-5 state in which a support order of a rendering state is registered.>
35-6 <(12) "Rendering state" means a state in which the
35-7 court has issued a support order for which registration is sought
35-8 or granted in the court of another state.>
35-9 <(13) "Responding state" means a state in which any
35-10 responsive proceeding pursuant to the proceeding in the initiating
35-11 state is commenced. "Responding court" means the court in which
35-12 the responsive proceeding is commenced.>
35-13 <(14) "State" includes a state, territory, or
35-14 possession of the United States, the District of Columbia, the
35-15 Commonwealth of Puerto Rico, and any foreign jurisdiction in which
35-16 this or a substantially similar reciprocal law is in effect.>
35-17 <(15) "Support order" means any judgment, decree, or
35-18 order of support in favor of an obligee whether temporary or final,
35-19 or subject to modification, revocation, or remission, regardless of
35-20 the kind of action or proceeding in which it is entered.>
35-21 <Sec. 21.03. REMEDIES ADDITIONAL TO THOSE NOW EXISTING. The
35-22 remedies herein provided are in addition to and not in substitution
35-23 for any other remedies even though prior orders of support exist in
35-24 this state or any other jurisdiction.>
35-25 <Sec. 21.04. EXTENT OF DUTIES OF SUPPORT. Duties of support
35-26 arising under the law of this state, if applicable under Section
35-27 21.07 of this code, bind the obligor present in this state
36-1 regardless of the presence or residence of the obligee.>
36-2 <SUBCHAPTER B. CRIMINAL ENFORCEMENT>
36-3 <Sec. 21.05. INTERSTATE RENDITION. The governor of this
36-4 state may:>
36-5 <(1) demand of the governor of another state the
36-6 surrender of a person found in that state who is charged criminally
36-7 in this state with failing to provide for the support of any
36-8 person; or>
36-9 <(2) surrender on demand by the governor of another
36-10 state a person found in this state who is charged criminally in
36-11 that state with failing to provide for the support of any person.
36-12 Provisions for extradition of criminals not inconsistent with this
36-13 chapter apply to the demand even if the person whose surrender is
36-14 demanded was not in the demanding state at the time of the
36-15 commission of the crime and has not fled therefrom. The demand,
36-16 the oath, and any proceedings for extradition pursuant to this
36-17 section need not state or show that the person whose surrender is
36-18 demanded has fled from justice or at the time of the commission of
36-19 the crime was in the demanding state.>
36-20 <Sec. 21.06. CONDITIONS OF INTERSTATE RENDITION.
36-21 (a) Before making the demand on the governor of another state for
36-22 the surrender of a person charged criminally in this state with
36-23 failing to provide for the support of a person, the governor of
36-24 this state may require any prosecuting attorney of this state to
36-25 satisfy him that at least 60 days before the date of the demand the
36-26 obligee initiated proceedings for support under this chapter or
36-27 that any proceeding would be of no avail.>
37-1 <(b) If, under a statute substantially similar to this
37-2 chapter, the governor of another state makes a demand on the
37-3 governor of this state for the surrender of a person charged
37-4 criminally in that state with failure to provide for the support of
37-5 a person, the governor may require any prosecuting attorney to
37-6 investigate the demand and to report to him whether proceedings for
37-7 support have been initiated or would be effective. If it appears
37-8 to the governor that a proceeding would be effective but has not
37-9 been initiated, he may delay honoring the demand for a reasonable
37-10 time to permit the initiation of a proceeding.>
37-11 <(c) If proceedings have been initiated and the person
37-12 demanded has prevailed in the proceedings, the governor may decline
37-13 to honor the demand. If the obligee prevailed and the person
37-14 demanded is subject to a support order, the governor may decline to
37-15 honor the demand if the person demanded is complying with the
37-16 support order.>
37-17 <SUBCHAPTER C. CIVIL ENFORCEMENT>
37-18 <Sec. 21.07. CHOICE OF LAW. Duties of support applicable
37-19 under this chapter are those imposed or imposable under the laws of
37-20 any state where the obligor was present during the period for which
37-21 support is sought; but does not include alimony for a former wife
37-22 except in proceedings brought pursuant to Part D of Title IV of the
37-23 federal Social Security Act (42 U.S.C. Section 651 et seq.),
37-24 requiring that an alimony award is entitled to interstate
37-25 enforcement if awarded to an obligee with whom the absent parent's
37-26 child is living, and only if the support obligation established
37-27 with respect to the child is being enforced. The obligor is
38-1 presumed to have been present in the responding state during the
38-2 period for which support is sought until otherwise shown.>
38-3 <Sec. 21.08. REMEDIES OF STATE OR POLITICAL SUBDIVISION
38-4 FURNISHING SUPPORT. If a state or a political subdivision
38-5 furnishes support to an individual obligee, it has the same right
38-6 to initiate a proceeding under this chapter as the individual
38-7 obligee for the purpose of securing reimbursement for support
38-8 furnished and of obtaining continuing support.>
38-9 <Sec. 21.09. HOW DUTIES OF SUPPORT ENFORCED. All duties of
38-10 support, including the duty to pay arrearages, are enforceable by a
38-11 proceeding under this chapter, including a proceeding for civil
38-12 contempt. The defense that the parties are immune to suit because
38-13 of their relationship as husband and wife or parent and child is
38-14 not available to the obligor.>
38-15 <Sec. 21.10. JURISDICTION. Jurisdiction of any proceeding
38-16 under this chapter is vested in the district court and any other
38-17 court authorized to order support for children.>
38-18 <Sec. 21.11. CONTENTS AND FILING OF PETITION FOR SUPPORT;
38-19 VENUE. (a) The petition shall be verified and shall state the
38-20 name and, so far as known to the obligee, the address, social
38-21 security number, circumstances of the obligor and the persons for
38-22 whom support is sought, and all other pertinent information. The
38-23 obligee may include in or attach to the petition any information
38-24 that may help in locating or identifying the obligor, including a
38-25 photograph of the obligor, a description of any distinguishing
38-26 marks on his person, other names and aliases by which he has been
38-27 or is known, the name of his employer, his fingerprints, and his
39-1 social security number.>
39-2 <(b) The petition may be filed in the appropriate court of
39-3 any state in which the obligee resides. The court shall not
39-4 decline or refuse to accept and forward the petition on the ground
39-5 that it should be filed with some other court of this or any other
39-6 state where there is pending another action for divorce,
39-7 separation, annulment, dissolution, habeas corpus, adoption, or
39-8 custody between the same parties or where another court has already
39-9 issued a support order in some other proceeding and has retained
39-10 jurisdiction for its enforcement.>
39-11 <(c) Venue for initiating cases under this chapter is in the
39-12 county of the residence of the minor child for whom child support
39-13 is sought. Venue for all responding cases under this chapter is in
39-14 the county of residence of the obligor.>
39-15 <Sec. 21.12. OFFICIALS TO REPRESENT OBLIGEE. If this state
39-16 is acting as an initiating state, a prosecuting attorney shall
39-17 represent the obligee in any proceeding under this chapter. If a
39-18 prosecuting attorney neglects or refuses to represent the obligee,
39-19 the attorney general may undertake the representation.>
39-20 <Sec. 21.13. PETITION FOR MINOR. A petition on behalf of a
39-21 minor obligee may be executed and filed by a person having legal
39-22 custody of the minor without appointment as guardian ad litem.>
39-23 <Sec. 21.14. DUTY OF INITIATING COURT. If the initiating
39-24 court finds that the petition sets forth facts from which it may be
39-25 determined that the obligor owes a duty of support and that a court
39-26 of the responding state may obtain jurisdiction of the obligor or
39-27 his property, it shall so certify and cause three copies of the
40-1 petition and its certificate and one copy of this chapter to be
40-2 sent to the responding court. Certification shall be in accordance
40-3 with the requirements of the initiating state. If the name and
40-4 address of the responding court are unknown and the responding
40-5 state has an information agency comparable to that established in
40-6 the initiating state, it shall cause the copies to be sent to the
40-7 state information agency or other proper official of the responding
40-8 state, with a request that the agency or official forward them to
40-9 the proper court and that the court of the responding state
40-10 acknowledge their receipt to the initiating court.>
40-11 <Sec. 21.15. COSTS AND FEES. An initiating court may
40-12 require payment of either a filing fee or other costs from the
40-13 obligee and may request the responding court to collect fees and
40-14 costs from the obligor. The clerk of the responding court may
40-15 require payment of a filing fee or other costs from the obligee.
40-16 At the conclusion of the action or proceeding, the responding court
40-17 may direct that all fees and costs requested by the initiating
40-18 court and incurred in this state when acting as a responding state,
40-19 including fees for filing of pleadings, service of process, seizure
40-20 of property, stenographic or duplication service, or other service
40-21 supplied to the obligor, and a reasonable fee to an attorney or the
40-22 prosecuting attorney's office that represents the obligee, be paid
40-23 in whole or in part by the obligor.>
40-24 <Sec. 21.16. JURISDICTION BY ARREST. If the court of this
40-25 state believes that the obligor may flee, it may:>
40-26 <(1) as an initiating court, request in its
40-27 certificate that the responding court obtain the body of the
41-1 obligor by appropriate process; or>
41-2 <(2) as a responding court, obtain the body of the
41-3 obligor by appropriate process. On obtaining the body of the
41-4 obligor it may release him on his own recognizance or on his giving
41-5 a bond in an amount set by the court to assure his appearance at
41-6 the hearing.>
41-7 <Sec. 21.17. STATE INFORMATION AGENCY. The attorney
41-8 general's office is designated as the state information agency
41-9 under this chapter, and it shall:>
41-10 <(1) compile a list of the courts and their addresses
41-11 in this state having jurisdiction under this chapter and transmit
41-12 it to the state information agency of every other state that has
41-13 adopted this or a substantially similar statute, and on the
41-14 adjournment of each session of the legislature the agency shall
41-15 distribute copies of any amendments to this chapter and a statement
41-16 of their effective dates to all other state information agencies;>
41-17 <(2) maintain a register of lists of courts received
41-18 from other states and transmit copies thereof promptly to every
41-19 court in this state having jurisdiction under this chapter; and>
41-20 <(3) forward to the court in this state that has
41-21 jurisdiction over the obligor or his property petitions,
41-22 certificates, and copies of the statute it receives from courts or
41-23 information agencies of other states.>
41-24 <Sec. 21.18. DUTY OF COURT AND OFFICIALS OF THIS STATE AS
41-25 RESPONDING STATE. (a) After the responding court receives copies
41-26 of the petition, certificate, and statute from the initiating
41-27 court, the clerk of the court shall docket the case and notify the
42-1 prosecuting attorney of his action.>
42-2 <(b) The prosecuting attorney shall prosecute the case
42-3 diligently. He shall take all action necessary in accordance with
42-4 the laws of this state to enable the court to obtain jurisdiction
42-5 over the obligor or his property and shall request the clerk of the
42-6 court to set a time and place for a hearing and give notice of the
42-7 hearing to the obligor in accordance with the law.>
42-8 <(c) If the prosecuting attorney neglects or refuses to
42-9 represent the obligee, the attorney general may undertake the
42-10 representation.>
42-11 <Sec. 21.19. FURTHER DUTIES OF COURT AND OFFICIALS IN
42-12 RESPONDING STATE. (a) The prosecuting attorney on his own
42-13 initiative shall use all means at his disposal to locate the
42-14 obligor or his property, and if because of inaccuracies in the
42-15 petition or otherwise the court cannot obtain jurisdiction, the
42-16 prosecuting attorney shall inform the court of what he has done and
42-17 request the court to continue the case pending receipt of more
42-18 accurate information or an amended petition from the initiating
42-19 court.>
42-20 <(b) If the obligor or his property is not found in the
42-21 county and the prosecuting attorney discovers that the obligor or
42-22 his property may be found in another county of this state or in
42-23 another state, he shall so inform the court. Thereupon the clerk
42-24 of the court shall forward the documents received from the court in
42-25 the initiating state to a court in the other county or to a court
42-26 in the other state or to the information agency or other proper
42-27 official of the other state with a request that the documents be
43-1 forwarded to the proper court. All powers and duties provided by
43-2 this chapter apply to the recipient of the documents so forwarded.
43-3 If the clerk of a court of this state forwards documents to another
43-4 court, he shall forthwith notify the initiating court.>
43-5 <(c) If the prosecuting attorney has no information as to
43-6 the location of the obligor or his property, he shall so inform the
43-7 initiating court.>
43-8 <Sec. 21.20. HEARING AND CONTINUANCE. If the obligee is not
43-9 present at the hearing and the obligor denies owing the duty of
43-10 support alleged in the petition or offers evidence constituting a
43-11 defense, the court, on request of either party, shall continue the
43-12 hearing to permit evidence relative to the duty to be adduced by
43-13 either party by deposition, by appearing in person before the
43-14 court, or as otherwise provided in this chapter. The court may
43-15 designate the judge of the initiating court as a person before whom
43-16 a deposition may be taken.>
43-17 <Sec. 21.21. IMMUNITY FROM CRIMINAL PROSECUTION. If at the
43-18 hearing the obligor is called for examination as an adverse party
43-19 and he declines to answer on the ground that his testimony may tend
43-20 to incriminate him, the court may require him to answer, in which
43-21 event he is immune from criminal prosecution with respect to
43-22 matters revealed by his testimony, except for perjury committed in
43-23 this testimony.>
43-24 <Sec. 21.22. EVIDENCE OF HUSBAND AND WIFE. Laws attaching a
43-25 privilege against the disclosure of communications between husband
43-26 and wife or between former spouses are inapplicable to proceedings
43-27 under this chapter. Husband and wife or former spouses are
44-1 competent witnesses and may be compelled to testify to any relevant
44-2 matter, including marriage, parentage, and the ability to
44-3 contribute support. The testimony may be used as the sole basis
44-4 for the entry of an order.>
44-5 <Sec. 21.23. RULES OF EVIDENCE. In any hearing for the
44-6 civil enforcement of this chapter the court is governed by the
44-7 rules of evidence applicable in a civil court action in the
44-8 district court. If the action is based on a support order issued
44-9 by another court, a certified copy of the order shall be admitted
44-10 as prima facie evidence that the duty of support exists, subject
44-11 only to any defenses available with respect to a denial of
44-12 paternity or in an action or a proceeding to enforce a foreign
44-13 money judgment. The determination or enforcement of a duty of
44-14 support shall not be affected by any interference with rights of
44-15 custody or visitation granted by a court. In a contested case, it
44-16 is presumed:>
44-17 <(1) that the obligor and the obligee have an equal
44-18 duty of support; or>
44-19 <(2) if there is a prior support order, that the most
44-20 recent order correctly designates the current amount of support and
44-21 duty of support.>
44-22 <Sec. 21.24. ORDER OF SUPPORT. If the responding court
44-23 finds a duty of support, it may order the obligor to furnish
44-24 support or reimbursement for support and subject the property of
44-25 the obligor to the order. Support orders made pursuant to this
44-26 chapter shall require that payments be made to the designated
44-27 agency for collecting of child support in the court of the
45-1 responding state. In any proceeding brought under Part D of Title
45-2 IV of the federal Social Security Act (42 U.S.C. Section 651 et
45-3 seq.), the court shall order that all child support payments be
45-4 paid to the attorney general of Texas. The court and prosecuting
45-5 attorney of any county in which the obligor is present or has
45-6 property have the same powers and duties to enforce the order as
45-7 have those of the county in which it was first issued. If
45-8 enforcement is impossible or cannot be completed in the county in
45-9 which the order was issued, the prosecuting attorney shall send a
45-10 certified copy of the order to the prosecuting attorney of any
45-11 county in which it appears that proceedings to enforce the order
45-12 would be effective. The prosecuting attorney to whom the certified
45-13 copy of the order is forwarded shall proceed with enforcement and
45-14 report the results of the proceedings to the court first issuing
45-15 the order.>
45-16 <Sec. 21.25. RESPONDING COURT TO TRANSMIT COPIES TO
45-17 INITIATING COURT. The responding court shall cause a copy of all
45-18 support orders to be sent to the initiating court.>
45-19 <Sec. 21.26. ADDITIONAL POWERS OF RESPONDING COURT. In
45-20 addition to the foregoing powers a responding court may subject the
45-21 obligor to any terms and conditions proper to assure compliance
45-22 with its orders and in particular:>
45-23 <(1) to require the obligor to furnish a cash deposit
45-24 or a bond of a character and amount to assure payment of any amount
45-25 due as provided in Section 14.42(a) of this code;>
45-26 <(2) to require the obligor to report personally and
45-27 to make payments at specified intervals to the district clerk or
46-1 probation department of the court;>
46-2 <(3) to punish under the power of contempt the obligor
46-3 who violates any order of the court;>
46-4 <(4) to order the obligor to pay as court costs a
46-5 reasonable fee to any attorney or to the prosecuting attorney's
46-6 office who represents the petitioner in any enforcement proceeding;
46-7 and>
46-8 <(5) to order withholding from earnings for child
46-9 support, as provided in Sections 14.43, 14.44, and 14.45 of this
46-10 code.>
46-11 <Sec. 21.27. PATERNITY. If the obligor asserts as a defense
46-12 that he is not the father of the child for whom support is sought
46-13 and it appears to the court that the defense is not frivolous, and
46-14 if both of the parties are present at the hearing or the proof
46-15 required in the case indicates that the presence of either or both
46-16 of the parties is not necessary, the court may adjudicate the
46-17 paternity issue. Otherwise the court may adjourn the hearing until
46-18 the paternity issue has been adjudicated.>
46-19 <Sec. 21.28. ADDITIONAL DUTIES OF RESPONDING COURT. A
46-20 responding court has the following duties, which may be carried out
46-21 through the district clerk, the probation department of the court,
46-22 the designated agency for collecting child support, or the attorney
46-23 general:>
46-24 <(1) to transmit to the initiating court any payment
46-25 made by the obligor pursuant to any order of the court or
46-26 otherwise; and>
46-27 <(2) to furnish to the initiating court on request a
47-1 certified statement of all payments made by the obligor.>
47-2 <Sec. 21.29. ADDITIONAL DUTY OF INITIATING COURT. An
47-3 initiating court shall receive and disburse forthwith all payments
47-4 made by the obligor or sent by the responding court. This duty may
47-5 be carried out through the district clerk, the probation department
47-6 of the court, the designated agency for collecting child support,
47-7 or the attorney general.>
47-8 <Sec. 21.30. PROCEEDINGS NOT TO BE STAYED. A responding
47-9 court shall not stay the proceeding or refuse a hearing under this
47-10 chapter because of any pending or prior action or proceeding for
47-11 divorce, separation, annulment, dissolution, habeas corpus,
47-12 adoption, or custody in this or any other state. The court shall
47-13 hold a hearing and may issue a support order pendente lite. In aid
47-14 of an order it may require the obligor to give a bond for the
47-15 prompt prosecution of the pending proceeding. If the other action
47-16 or proceeding is concluded before the hearing in the instant
47-17 proceeding and the judgment in the proceeding provides for the
47-18 support demanded in the petition being heard, the court must
47-19 conform its support order to the amount allowed in the other action
47-20 or proceeding. After doing so the court shall not stay enforcement
47-21 of its support order because of the retention of jurisdiction for
47-22 enforcement purposes by the court in the other action or
47-23 proceeding.>
47-24 <Sec. 21.31. APPLICATION OF PAYMENTS. A support order made
47-25 by a court of this state pursuant to this chapter does not nullify
47-26 and is not nullified by a support order made by a court of this
47-27 state pursuant to any other law or by a support order made by a
48-1 court of any other state pursuant to a substantially similar act or
48-2 any other law, regardless of priority of issuance, unless otherwise
48-3 specifically provided by the court. Amounts paid for a particular
48-4 period pursuant to any support order made by the court of another
48-5 state shall be credited against the amount accruing or accrued for
48-6 the same period under any support order made by the court of this
48-7 state.>
48-8 <Sec. 21.32. EFFECT OF PARTICIPATION IN PROCEEDING.
48-9 Participation in any proceeding under this chapter does not confer
48-10 jurisdiction on any court over any of the parties to the proceeding
48-11 in any other proceeding.>
48-12 <Sec. 21.33. INTRASTATE APPLICATION. This chapter applies
48-13 if both the obligee and the obligor are in this state but in
48-14 different judicial districts. If the court of the district in
48-15 which the petition is filed finds that the petition sets forth
48-16 facts from which it may be determined that the obligor owes a duty
48-17 of support and finds that a court of another district in this state
48-18 may obtain jurisdiction over the obligor or his property, the clerk
48-19 of the court shall send the petition and a certification of the
48-20 findings to the court of the district in which the obligor or his
48-21 property is found. The clerk of the court of the district
48-22 receiving these documents shall notify the prosecuting attorney of
48-23 their receipt. The prosecuting attorney and the court in the
48-24 district to which the copies are forwarded then shall have duties
48-25 corresponding to those imposed on them when acting for this state
48-26 as a responding state.>
48-27 <Sec. 21.34. APPEALS. If the prosecuting attorney is of the
49-1 opinion that the support order is erroneous and presents a question
49-2 of law warranting an appeal in the public interest, he may:>
49-3 <(1) perfect an appeal to the proper appellate court
49-4 if the support order was issued by a court of this state; or>
49-5 <(2) if the support order was issued in another state,
49-6 cause the appeal to be taken in the other state. In either case
49-7 expenses of appeal may be paid on his order from funds appropriated
49-8 for his office.>
49-9 <SUBCHAPTER D. REGISTRATION OF FOREIGN SUPPORT ORDERS>
49-10 <Sec. 21.35. ADDITIONAL REMEDIES. If the duty of support is
49-11 based on a foreign support order, the obligee has the additional
49-12 remedies provided in the following sections.>
49-13 <Sec. 21.36. REGISTRATION. The obligee may register the
49-14 foreign support order in a court of this state in the manner, with
49-15 the effect, and for the purposes herein provided.>
49-16 <Sec. 21.37. REGISTRY OF FOREIGN SUPPORT ORDERS. The clerk
49-17 of the court shall maintain a registry of foreign support orders in
49-18 which he shall file foreign support orders.>
49-19 <Sec. 21.38. OFFICIAL TO REPRESENT OBLIGEE. If this state
49-20 is acting either as a rendering or a registering state, on the
49-21 request of the court the prosecuting attorney shall represent the
49-22 obligee in proceedings under this part of this subchapter.>
49-23 <Sec. 21.39. REGISTRATION PROCEDURE; NOTICE. (a) An
49-24 obligee seeking to register a foreign support order in a court of
49-25 this state shall transmit to the prosecuting attorney three
49-26 certified copies of the order with all modifications; one copy of
49-27 the reciprocal enforcement of support act of the state in which the
50-1 order was made; and a statement verified and signed by the obligee,
50-2 showing the post office address of the obligee, the last known
50-3 place of residence and post office address of the obligor, the
50-4 amount of support remaining unpaid, a description and the location
50-5 of any property of the obligor available on execution, and a list
50-6 of the states in which the order is registered. On receipt of
50-7 these documents, the prosecuting attorney shall transmit them to
50-8 the clerk of the court who shall file them in the registry of
50-9 foreign support orders. The filing constitutes registration under
50-10 this chapter.>
50-11 <(b) Promptly on registration the clerk of the court shall
50-12 send by certified or registered mail to the obligor at the address
50-13 given a notice of the registration with a copy of the registered
50-14 support order and the post office address of the obligee. He shall
50-15 endorse on the registered support order a file number, the day on
50-16 which it was filed, and the time of filing, shall sign his name
50-17 officially thereto, and notify the prosecuting attorney of his
50-18 action. The prosecuting attorney shall proceed diligently to
50-19 enforce the order.>
50-20 <Sec. 21.40. EFFECT OF REGISTRATION; ENFORCEMENT PROCEDURE.
50-21 (a) On registration the registered foreign support order shall be
50-22 treated in the same manner as a support order issued by a court of
50-23 this state. It has the same effect and is subject to the same
50-24 procedures, defenses, and proceedings for reopening, vacating, or
50-25 staying as a support order of this state and may be enforced and
50-26 satisfied in like manner.>
50-27 <(b) The obligor has 20 days after the mailing of notice of
51-1 the registration in which to petition the court to vacate the
51-2 registration or for other relief. If he does not so petition, the
51-3 registered support order is confirmed.>
51-4 <(c) At the hearing to enforce the registered support order
51-5 the obligor may present only matters that would be available to him
51-6 as defenses in an action to enforce a foreign money judgment. If
51-7 he shows to the court that an appeal from the order is pending or
51-8 will be taken or that a stay of execution has been granted, the
51-9 court shall stay enforcement of the order until the appeal is
51-10 concluded, the time for appeal has expired, or the order is
51-11 vacated, on satisfactory proof that the obligor has furnished
51-12 security for payment of the support ordered as required by the
51-13 rendering state. If he shows to the court any ground on which
51-14 enforcement of a support order of this state may be stayed, the
51-15 court shall stay enforcement of the order for an appropriate period
51-16 if the obligor furnishes the same security for payment of the
51-17 support ordered that is required for a support order of this state.>
51-18 <Sec. 21.41. UNIFORMITY OF INTERPRETATION. This chapter
51-19 shall be so construed as to effect its general purpose to make
51-20 uniform the law of those states that enact it or a substantially
51-21 similar statute.>
51-22 <Sec. 21.42. SHORT TITLE. This chapter may be cited as the
51-23 Revised Uniform Reciprocal Enforcement of Support Act.>
51-24 <Sec. 21.43. SEVERABILITY. If any provision of this chapter
51-25 or the application thereof to any person or circumstance is held
51-26 invalid, the invalidity does not affect other provisions or
51-27 applications of the chapter that can be given effect without the
52-1 invalid provision or application, and to this end the provisions of
52-2 this chapter are severable.>
52-3 SECTION 2. Section 11.051, Family Code, is amended to read
52-4 as follows:
52-5 Sec. 11.051. ACQUIRING JURISDICTION OVER NONRESIDENT. In a
52-6 suit affecting the parent-child relationship, the court may
52-7 exercise status or subject matter jurisdiction over the suit as
52-8 provided by Subchapter B of this chapter. The court may also
52-9 exercise personal jurisdiction over a person on whom service of
52-10 citation is required or over the person's personal representative,
52-11 although the person is not a resident or domiciliary of this state,
52-12 if:
52-13 (1) the <child was conceived in this state when at
52-14 least one biological parent was a resident of this state and the>
52-15 person <on whom service> is personally served with citation in this
52-16 state <required is a parent or an alleged or probable father of
52-17 the child>;
52-18 (2) the person submits to the jurisdiction of this
52-19 state by consent, by entering a general appearance, or by filing a
52-20 responsive document having the effect of waiving any contest to
52-21 personal jurisdiction;
52-22 (3) <(2)> the child resides in this state as a result
52-23 of the acts or directives <or with the approval> of the person <on
52-24 whom service is required>;
52-25 (4) <(3)> the person <on whom service is required has>
52-26 resided with the child in this state; <or>
52-27 (5) the person resided in this state and provided
53-1 prenatal expenses or support for the child;
53-2 (6) the person engaged in sexual intercourse in this
53-3 state and the child may have been conceived by that act of
53-4 intercourse; or
53-5 (7) <(4)> there is any basis consistent with the
53-6 constitutions of this state and the United States for the exercise
53-7 of the personal jurisdiction.
53-8 SECTION 3. Subchapter A, Chapter 11, Family Code, is amended
53-9 by adding Section 11.061 to read as follows:
53-10 Sec. 11.061. VENUE FOR UNIFORM INTERSTATE FAMILY SUPPORT ACT
53-11 PROCEEDINGS. Venue for a proceeding for an interstate family
53-12 support action under Chapter 21 of this code in which the
53-13 petitioner is not a resident of this state is in the county in
53-14 which the respondent resides.
53-15 SECTION 4. Section 11.155(f), Family Code, is amended to
53-16 read as follows:
53-17 (f) The clerk of the court shall maintain a file of any
53-18 information provided by a party under this section and shall,
53-19 unless otherwise ordered by the court, provide the information on
53-20 request, without charge, to a party, the attorney general, a
53-21 domestic relations office, a child support collection office, or
53-22 any other person designated to prosecute actions under the
53-23 <Revised> Uniform Interstate Family <Reciprocal Enforcement of>
53-24 Support Act (Chapter 21 of this code) or to enforce an order
53-25 providing for child support or possession of or access to a child.
53-26 SECTION 5. Section 14.061(a), Family Code, is amended to
53-27 read as follows:
54-1 (a) In any suit affecting the parent-child relationship or
54-2 interstate family <reciprocal child> support action under Chapter
54-3 21 of this code, a court shall order that health insurance be
54-4 provided for the child. The court shall consider the cost and
54-5 quality of health insurance coverage available to the parties and
54-6 shall give priority to health insurance coverage supplied by an
54-7 employer of one of the parties.
54-8 SECTION 6. Subchapter C, Chapter 14, Family Code, is
54-9 repealed.
54-10 SECTION 7. This Act takes effect September 1, 1993, and
54-11 applies only to an order, decree, or judgment entered on or after
54-12 that date.
54-13 SECTION 8. The importance of this legislation and the
54-14 crowded condition of the calendars in both houses create an
54-15 emergency and an imperative public necessity that the
54-16 constitutional rule requiring bills to be read on three several
54-17 days in each house be suspended, and this rule is hereby suspended.
54-18 COMMITTEE AMENDMENT NO. 1
54-19 Amend House Bill 831 as follows:
54-20 (1) On page 52, following line 2, insert a new Section 2 as
54-21 follows and renumber subsequent sections:
54-22 "SECTION 2. Sections 11.05(a), (f) and (g), Family Code, are
54-23 amended to read as follows:
54-24 "Sec. 11.05. Continuing Jurisdiction.
54-25 "(a) Except as otherwise provided by this section, by
54-26 Sections 11.06, 11.061, or 17.05 of this code, or by Subchapter B
54-27 of this chapter (Uniform Child Custody Jurisdiction Act), when a
55-1 court acquires jurisdiction of a suit affecting the parent-child
55-2 relationship, that court retains continuing, exclusive jurisdiction
55-3 of all parties and matters provided for under this subtitle in
55-4 connection with the child. No other court of this state has
55-5 jurisdiction of a suit affecting the parent-child relationship with
55-6 regard to that child except on transfer as provided in Sections
55-7 11.06, 11.061, or 17.06 of this code.
55-8 "(f) A court acquires jurisdiction of a suit affecting the
55-9 parent-child relationship without a transfer under Sections 11.06
55-10 or 11.061 of this code, even though another court has continuing
55-11 jurisdiction over the child, if the parents of the child have
55-12 remarried each other after the dissolution of a previous marriage
55-13 between the parents and file in the court acquiring jurisdiction a
55-14 suit for the dissolution of their subsequent marriage combined with
55-15 a suit affecting the parent-child relationship concerning the
55-16 child.
55-17 "(g) Except as provided by this section or Subsection (d) of
55-18 Section 11.53 of this code, a court may exercise its continuing,
55-19 exclusive jurisdiction to modify all aspects of its decree,
55-20 including managing conservatorship, possessory conservatorship,
55-21 possession of and access to the child and support of the child. A
55-22 court of this state may not exercise its continuing jurisdiction to
55-23 modify any part of a decree if the child and all parties have
55-24 established and continue to maintain their principal residence or
55-25 home state outside this state, or if each individual party has
55-26 filed written consent with the tribunal of this State for a
55-27 tribunal of another state to modify the order and assume
56-1 continuing, exclusive jurisdiction. This subsection does not
56-2 affect the power of the court to enforce and enter a judgment on
56-3 its decree."
56-4 (2) On page 53, strike lines 10 through 13 and substitute
56-5 the following:
56-6 "Sec. 11.061. Transfer of Proceedings Within the State When
56-7 Party or Child Resides Outside the State.
56-8 "(a) If one party is a resident of this state and one or
56-9 more of the other parties and the child or all of the children
56-10 affected by the proceedings reside outside this state, and if the
56-11 action is filed in a county other than the county of residence of
56-12 the resident-party, the court shall transfer the proceeding to the
56-13 county of residence of the resident-party.
56-14 "(b) If one or more of the parties affected by the
56-15 proceedings reside outside this state, and if more than one party
56-16 or one or more children affected by the proceeding resides in this
56-17 state in different counties, the court shall transfer the
56-18 proceeding according to the following priorities:
56-19 (1) to the court of continuing, exclusive
56-20 jurisdiction, if any; or
56-21 (2) to the county of residence of the child, if
56-22 applicable; provided that
56-23 (i) subsection (1) is inapplicable; or
56-24 (ii) the court of continuing, exclusive
56-25 jurisdiction finds that neither a party nor a child affected by the
56-26 proceeding resides in the county of the court of continuing
56-27 jurisdiction; or
57-1 (3) if subsections (1) and (2) are inapplicable, to
57-2 the county most appropriate to serve the convenience of the
57-3 resident-parties and the witnesses and the interest of justice.
57-4 "(c) The procedures for determining and effectuating a
57-5 transfer of proceedings under this section shall be identical to
57-6 the procedures established in Section 11.06 of this code."
57-7 (3) On page 53, following the "." on line 25, insert new
57-8 Section 6 and 7 to read as follows and renumber subsequent
57-9 sections:
57-10 "SECTION 6. Section 14.052, Family Code, is amended to read
57-11 as follows:
57-12 "Sec. 14.052. Guidelines for the Support of a Child.
57-13 "(a) Purpose. The guidelines for the support of a child in
57-14 this chapter are intended to guide the courts in determining
57-15 equitable amounts of child support in any suit affecting the
57-16 parent-child relationship, including without limitation actions
57-17 involving divorce, modification, and paternity, and in any
57-18 proceeding brought under the Uniform Interstate Family Support Act
57-19 (Chapter 21 of this code) <a reciprocal support act>."
57-20 "SECTION 7. Section 14.057, Family Code, is amended to read
57-21 as follows:
57-22 "Sec. 14.057. Findings in Child Support Order.
57-23 "(a) Without regard to Rules 296 through 299, Texas Rules of
57-24 Civil Procedure, in any suit affecting the parent-child
57-25 relationship or proceeding under the Uniform Interstate Family
57-26 Support Act (Chapter 21 of this code) <or reciprocal child support
57-27 action> in which child support is contested and the amount of the
58-1 order is set by the court, on written request made or filed with
58-2 the court not later than 10 days after the date of the hearing or
58-3 an oral request made in open court during the hearing, the court
58-4 shall state the following in the child support order:
58-5 "(1) the amount of net resources available to the
58-6 obligor per month is $________;
58-7 "(2) the amount of net resources available to the
58-8 obligee per month is $________;
58-9 "(3) the amount of child support payments per month
58-10 that is computed if Section 14.055, Family Code, is applied is
58-11 $_______;
58-12 "(4) the percentage applied to the obligor's net
58-13 resources for child support by the actual order rendered by the
58-14 court is _______%; and, if applicable,
58-15 "(5) the specific reasons that the amount of support
58-16 per month ordered by the court varies from the amount computed by
58-17 applying the percentage guidelines pursuant to Section 14.055,
58-18 Family Code, are:_________."
58-19 "(b) In any suit affecting the parent-child relationship or
58-20 proceeding under the Uniform Interstate Family Support Act (Chapter
58-21 21 of this code) <or reciprocal child support action> in which the
58-22 amount of child support ordered by the court varies from the amount
58-23 computed by applying the percentage guidelines contained in Section
58-24 14.055 of this code, the court shall find that the application of
58-25 the child support guidelines would be unjust or inappropriate and
58-26 shall state the following in the child support order:
58-27 "(1) the amount of net resources available to the
59-1 obligor per month is $________;
59-2 "(2) the amount of net resources available to the
59-3 obligee per month is $________;
59-4 "(3) the amount of child support payments per month
59-5 that is computed if Section 14.055, Family Code, is applied is
59-6 $________;
59-7 "(4) the percentage applied to the obligor's net
59-8 resources for child support by the actual order rendered by the
59-9 court is _______%; and
59-10 "(5) the specific reasons that the amount of support
59-11 per month ordered by the court varies from the amount computed by
59-12 applying the percentage guidelines pursuant to Section 14.055,
59-13 Family Code, are:_________."
59-14 (4) On page 54, strike lines 1 through 7 and substitute the
59-15 following:
59-16 "(a) In any suit affecting the parent-child relationship or
59-17 proceeding under the Uniform Interstate Family Support (Chapter 21
59-18 of this code) <reciprocal child support action under Chapter 21 of
59-19 this code>, a court shall order that health insurance be provided
59-20 for the child. The court shall consider the cost and quality of
59-21 health insurance coverage available to the parties and shall give
59-22 priority to health insurance coverage supplied by an employer of
59-23 one of the parties."
59-24 (5) On page 54, following the "." on line 7, insert new
59-25 Sections 9, 10 and 11 to read as follows and renumber subsequent
59-26 sections:
59-27 "SECTION 9. Section 14.30(c), Family Code, is amended to
60-1 read as follows:
60-2 "(c) Venue and Transfer. Venue for proceedings brought
60-3 under this subchapter shall be as provided in Section 11.04 of this
60-4 code or, when applicable, according to the transfer provisions of
60-5 Sections 11.06 or 11.061 of this code.
60-6 "SECTION 10. Section 14.313(b), Family Code, is amended to
60-7 read as follows:
60-8 "(b) Claims. Claims that may be joined include proceedings
60-9 to:
60-10 "(1) enforce a child support order by contempt under
60-11 Section 14.40 of this code;
60-12 "(2) reduce child support arrearages to judgment under
60-13 Section 14.41 of this code;
60-14 "(3) require a person obligated to support a child to
60-15 furnish bond or other security under Section 14.42 of this code;
60-16 "(4) require withholding from earnings under Section
60-17 14.43 or Subchapter C of this chapter;
60-18 "(5) enforce a right of possession of or access to a
60-19 child by contempt under Section 14.50 of this code;
60-20 "(6) require a person to furnish bond or other
60-21 security to ensure compliance with a court order for possession of
60-22 or access to a child under Section 14.51 of this code;
60-23 "(7) transfer the proceeding because venue is improper
60-24 under Sections 11.06 or 11.061 of this code;
60-25 "(8) petition for further action concerning a child
60-26 under Section 11.07 of this code;
60-27 "(9) modify an existing order or decree under Section
61-1 14.08 of this code;
61-2 "(10) petition for a writ of habeas corpus under
61-3 Section 14.10 of this code;
61-4 "(11) recover damages under Chapter 36 of this code;
61-5 "(12) initiate procedures for withholding child
61-6 support from earnings without the necessity of further action by
61-7 the court under Sections 14.44 and 14.45 of this code; and
61-8 "(13) recover under the Uniform Interstate Family
61-9 Support Act (Chapter 21 of this code <any reciprocal enforcement of
61-10 support act or interstate income withholding act> whether as
61-11 issuing <rendering> or responding state.
61-12 "SECTION 11. Section 14.44(h), Family Code, is amended to
61-13 read as follows:
61-14 "(h) Interstate Requests for Income Withholding. In a
61-15 proceeding initiated under Part D of Title IV of the federal Social
61-16 Security Act (42 U.S.C. Section 651 et seq.), the registration of a
61-17 foreign support order under the Uniform Interstate Family Support
61-18 Act (Chapter 21 of this code) is sufficient for the filing of a
61-19 notice of delinquency under this section. The notice shall be
61-20 filed with the clerk of the court having venue under <Chapter 21
61-21 of> this code. Notice of delinquency as provided in this section
61-22 may be delivered to the obligor at the same time that an order is
61-23 filed for registration under Chapter 21 of this code."
61-24 (6) On page 54, following the "." on line 9, insert new
61-25 Sections 13, 14 and 15 and renumber subsequent sections:
61-26 "SECTION 13. Section 14.873, Family Code, is amended to read
61-27 as follows:
62-1 "Sec. 14.873. Enforcement of Existing Court Order for Child
62-2 Support.
62-3 "If a court order for child support has been issued by a
62-4 court, a child support agency may:
62-5 "(1) commence enforcement proceedings under Subchapter B of
62-6 this chapter;
62-7 "(2) commence an action to confirm a child support arrearage
62-8 and to obtain a judgment for past-due child support payments as
62-9 provided by Section 14.41 of this code;
62-10 "(3) petition the court to require a person obligated to
62-11 support a child to furnish a bond or other security under Section
62-12 14.42 of this code;
62-13 "(4) petition the court to require withholding from earnings
62-14 under Section 14.43 or Subchapter C of this chapter; or
62-15 "(5) recover under the Uniform Interstate Family Support Act
62-16 (Chapter 21 of this code) <any reciprocal enforcement or support
62-17 act or interstate income withholding act>.
62-18 "SECTION 14. Section 14.91(d), Family Code, is amended to
62-19 read as follows:
62-20 "(d) In the appointment of a friend of the court, the court
62-21 shall give preference to:
62-22 "(1) a local domestic relations office;
62-23 "(2) a local child support collection office;
62-24 "(3) the local court official designated to enforce actions
62-25 under the <Revised> Uniform Interstate Family <Reciprocal
62-26 Enforcement of> Support Act (Chapter 21 of this code); or
62-27 "(4) an attorney in good standing with the State Bar of
63-1 Texas.
63-2 "SECTION 15. Section 17.05, Family Code, is amended to read
63-3 as follows:
63-4 "Sec. 17.05. Jurisdiction of Chapter 17 Proceedings.
63-5 "(a) A suit affecting the parent-child relationship brought
63-6 by a governmental entity seeking conservatorship or termination and
63-7 a temporary restraining order or attachment of a child under this
63-8 chapter may be filed in any court with jurisdiction to hear suits
63-9 affecting the parent-child relationship in the county in which the
63-10 child is found.
63-11 "(b) Immediately after the issuance of such temporary orders
63-12 as are necessary for the protection of the child pending a final
63-13 hearing, a governmental entity shall determine the court of
63-14 continuing jurisdiction and shall institute any transfers as are
63-15 necessary under Section 17.06, <or> 11.06, or 11.061 of this code."
63-16 Cuellar of Webb
63-17 COMMITTEE AMENDMENT NO. 2
63-18 Amend H.B. No. 831 on page 13 by striking lines 17 and 18 and
63-19 substituting the following:
63-20 "(7) place liens and order execution on the obligor's
63-21 property provided, however, such liens shall not arise or attach to
63-22 real property until recorded in the real property records of the
63-23 county where the real property of the obligor is located, and shall
63-24 be subordinate to the rights of prior bona fide purchasers and
63-25 lienholders on the real property;"
63-26 Puente
63-27 COMMITTEE AMENDMENT NO. 3
64-1 Amend H.B. No. 831 on page 18 by deleting Subsection (a) on
64-2 lines 3 and 4 and inserting the following:
64-3 "(a) An initiating court may require payment of either a
64-4 filing fee or other costs from the obligee and may request the
64-5 responding court to collect fees and costs from the obligor. The
64-6 clerk of the responding court may require payment of a filing fee
64-7 or other costs from the obligee."
64-8 Zbranek
64-9 COMMITTEE AMENDMENT NO. 4
64-10 Amend House Bill 831 on page 4, line 15, following the ".",
64-11 by adding the following:
64-12 ""Support enforcement agency" does not include a domestic
64-13 relations office unless that office has entered into a cooperative
64-14 agreement with the Office of Attorney General to perform duties
64-15 under this Act."
64-16 Alvarado