1-1 By: Thompson of Harris H.B. No. 831
1-2 (Senate Sponsor - Harris of Tarrant)
1-3 (In the Senate - Received from the House May 10, 1993;
1-4 May 11, 1993, read first time and referred to Committee on
1-5 Jurisprudence; May 18, 1993, reported favorably, as amended, by the
1-6 following vote: Yeas 6, Nays 0; May 18, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Henderson x
1-10 Harris of Tarrant x
1-11 Brown x
1-12 Harris of Dallas x
1-13 Luna x
1-14 Parker x
1-15 West x
1-16 COMMITTEE AMENDMENT NO. 1 By: Harris of Tarrant
1-17 Amend H.B. No. 831 by adding the following appropriately
1-18 numbered sections and renumbering the subsequent sections of the
1-19 bill appropriately:
1-20 SECTION ____. Subchapter A, Chapter 14, Family Code, is
1-21 amended by adding Section 14.09 to read as follows:
1-22 Sec. 14.09. PATERNITY TESTING FOR OBLIGOR. (a) An obligor
1-23 who is a man and who is current in child support payments may
1-24 petition the court having continuing, exclusive jurisdiction of the
1-25 suit affecting the parent-child relationship as provided by Section
1-26 11.05 of this code to order the mother of the child for whom
1-27 support payments are made, the child, and the obligor to submit to
1-28 the taking of blood, body fluid, or tissue samples for the purpose
1-29 of scientifically accepted paternity testing. The testing must be
1-30 conducted as provided by Section 13.02(a) of this code.
1-31 (b) The obligor may file a petition under this section only
1-32 once.
1-33 (c) After notice and hearing, a court shall vacate the
1-34 obligor's order of child support if the obligor shows:
1-35 (1) that the mother of the child refuses to submit to
1-36 testing or refuses to allow the child to be tested; or
1-37 (2) the results of paternity testing under this
1-38 section exclude the obligor from the possibility of being the
1-39 father of the child.
1-40 (d) If the test results do not exclude the obligor from the
1-41 possibility of being the father of the child, the obligor's duty to
1-42 pay child support continues as required by the child support order.
1-43 SECTION ____. Section 14.05(d), Family Code, is amended to
1-44 read as follows:
1-45 (d) Unless otherwise agreed to in writing or expressly
1-46 provided in the decree, provisions for the support of a child are
1-47 terminated by the marriage of the child, the removal of the child's
1-48 disabilities for general purposes, or the death of a parent
1-49 obligated to support the child. In addition, provisions for the
1-50 support of a child may be terminated as provided by Section 14.09
1-51 of this code.
1-52 COMMITTEE AMENDMENT NO. 2 By: Harris of Tarrant
1-53 Amend H.B. 831, on page 5, between lines 14 and 15 by adding
1-54 new Subsections 1 and 2, to read as follows and renumber the
1-55 subsequent sections appropriately:
1-56 SECTION 1. (a) It is the intent of the legislature in this
1-57 Act to provide spousal maintenance as a temporary rehabilitative
1-58 measure for a divorced spouse whose ability for self-support is
1-59 lacking or has deteriorated through the passage of time and whose
1-60 capital assets or other resources or income are insufficient to
1-61 provide support.
1-62 (b) It is the intent of the legislature in this Act that
1-63 spousal support should be terminated in the shortest reasonable
1-64 time, not to exceed three years, in which the former spouse is able
1-65 to be employed or to acquire the necessary skills to become
1-66 self-supporting. Only in circumstances in which the former spouse
1-67 cannot become self-supporting by reason of incapacitating physical
1-68 or mental disability or lack of other resources or income should
2-1 maintenance be extended beyond this period, not to exceed five
2-2 years.
2-3 SECTION 2. Chapter 3, Family Code, is amended by adding
2-4 Subchapter E to read as follows:
2-5 SUBCHAPTER E. MAINTENANCE
2-6 Sec. 3.80. DEFINITION. In this Subchapter, "maintenance"
2-7 means an award, in a divorce, annulment, or suit to declare a
2-8 marriage void, of periodic payments from the future income of one
2-9 spouse for the support of the other spouse.
2-10 Sec. 3.81. ELIGIBILITY FOR MAINTENANCE. In a suit for
2-11 divorce, annulment, to declare a marriage void, or in a proceeding
2-12 for maintenance in a court with personal jurisdiction over both
2-13 former spouses following the dissolution of their marriage by a
2-14 court that lacked personal jurisdiction over an absent spouse, the
2-15 court may order maintenance for either spouse only if:
2-16 (1) the duration of the marriage was 10 years or
2-17 longer as of the date of the filing of the original petition;
2-18 (2) the spouse seeking maintenance lacks sufficient
2-19 property, including property or other resources or income
2-20 distributed to the spouse under this code, to provide for the
2-21 spouse's minimum reasonable needs, as limited by Section 3.84 of
2-22 this code; and
2-23 (3) the spouse needing maintenance:
2-24 (A) is unable to support himself or herself
2-25 through appropriate employment because of an incapacitating
2-26 physical or mental disability which first manifested itself during
2-27 the marriage or through other resources or income;
2-28 (B) is the custodian of a child who is a natural
2-29 or adopted child of the other spouse and who requires substantial
2-30 care and personal supervision because a physical or mental
2-31 disability makes it necessary, taking into consideration the needs
2-32 of the child, that the spouse seeking maintenance not be employed
2-33 outside the home; or
2-34 (C) clearly lacks earning ability in the labor
2-35 market or other resources or income adequate to provide support for
2-36 the spouse's minimum reasonable needs, as limited by Section 3.84
2-37 of this code.
2-38 Sec. 3.82. FACTORS TO DETERMINE MAINTENANCE. A court that
2-39 determines that a spouse is eligible to receive maintenance under
2-40 Section 3.81 of this code shall determine the nature, amount,
2-41 duration, and manner of periodic payments by considering all
2-42 relevant factors, including:
2-43 (1) the financial resources or other income or
2-44 property of the spouse seeking maintenance, including the community
2-45 and separate property and liabilities apportioned to that spouse in
2-46 the suit for divorce, annulment, or to declare a marriage void, and
2-47 that spouse's ability to meet his or her needs independently;
2-48 (2) the education and employment skills of the spouses
2-49 and the time necessary to acquire sufficient education or training
2-50 to enable the spouse needing maintenance to find appropriate
2-51 employment, the availability of that education or training, and the
2-52 feasibility of that education or training;
2-53 (3) the duration of the marriage;
2-54 (4) the age, employment history, earning ability, and
2-55 the physical and mental condition of the spouses;
2-56 (5) the ability of a spouse to meet that spouse's
2-57 personal needs and to provide periodic child support payments, if
2-58 applicable, while meeting the personal needs of the spouse seeking
2-59 maintenance;
2-60 (6) acts by either spouse resulting in excessive or
2-61 abnormal expenditures or destruction, concealment, or fraudulent
2-62 disposition of community property, joint tenancy, or other property
2-63 held in common;
2-64 (7) the comparative financial resources of the
2-65 spouses, including medical, retirement, insurance, or other
2-66 benefits, and the separate property of each spouse;
2-67 (8) the contribution by one spouse to the education,
2-68 training, or increased earning power of the other spouse during
2-69 marriage or to the accumulation of income, earnings, or property
2-70 during marriage;
3-1 (9) the property brought to the marriage by either
3-2 spouse; and
3-3 (10) the efforts of the spouse seeking maintenance to
3-4 pursue available employment counseling as provided by Chapter 159,
3-5 Acts of the 65th Legislature, Regular Session, 1977 (Article 5221g,
3-6 Vernon's Texas Civil Statutes).
3-7 Sec. 3.83. PRESUMPTION. (a) Except as provided by
3-8 Subsection (b) of this section, it is presumed that maintenance is
3-9 not warranted unless the spouse seeking maintenance rebuts the
3-10 presumption by proof that he or she has exercised diligence in:
3-11 (1) seeking suitable employment; or
3-12 (2) developing the necessary skills to become
3-13 self-supporting during any period of separation and during pendency
3-14 of the divorce suit.
3-15 (b) This section does not apply to a spouse who:
3-16 (1) is not able to rebut the presumption in Subsection
3-17 (a) of this section because of an incapacitating physical or mental
3-18 disability which first manifested itself during the marriage; or
3-19 (2) is the custodian of a child who requires
3-20 substantial care and personal supervision because a physical or
3-21 mental disability makes it necessary, taking into consideration the
3-22 needs of the child, that the spouse not be employed outside the
3-23 home.
3-24 Sec. 3.84. DURATION OF MAINTENANCE ORDER. (a) Except as
3-25 provided by Subsection (b) of this section, a court shall limit the
3-26 duration of a maintenance order to the shortest reasonable period
3-27 of time that allows the spouse seeking maintenance to meet the
3-28 spouse's minimum reasonable needs by obtaining appropriate
3-29 employment or developing an appropriate skill, not to exceed three
3-30 years from the rendition of the judgment, decree, or order.
3-31 (b) If a spouse seeking maintenance is unable to support his
3-32 or her minimum reasonable needs through appropriate employment
3-33 because of incapacitating physical or mental illness or through
3-34 other resources or income, the court may order maintenance for an
3-35 indefinite period for as long as the disability continues, not to
3-36 exceed five years from the rendition of the judgment, decree, or
3-37 order. The court may order periodic review of its order, on the
3-38 request of either party or on its own motion, to determine whether
3-39 the disability is continuing. The continuation of spousal
3-40 maintenance under these circumstances is subject to a motion to
3-41 modify as provided by Section 3.87 of this code.
3-42 Sec. 3.85. AMOUNT OF MAINTENANCE. (a) A court may not
3-43 enter a maintenance order that requires a spouse to pay more per
3-44 month than the lesser of:
3-45 (1) $1500; or
3-46 (2) 25 percent of the spouse's average monthly net
3-47 resources as that term is defined in Section 14.053(b) of this
3-48 code.
3-49 (b) A court may not enter an order that requires an obligor
3-50 to pay child support and maintenance the combined total amount of
3-51 which is more than 50 percent of that obligor's average monthly net
3-52 resources as that term is defined in Section 14.053(b) of this
3-53 code.
3-54 Sec. 3.86. TERMINATION. (a) The obligation to pay future
3-55 maintenance terminates on the death of either party or on the
3-56 remarriage of the party receiving maintenance.
3-57 (b) After a hearing the court shall terminate the
3-58 maintenance order if the party receiving maintenance cohabits with
3-59 another person in a permanent place of abode on a continuing,
3-60 conjugal basis.
3-61 Sec. 3.87. ESTABLISHMENT AND MODIFICATION OF MAINTENANCE
3-62 ORDER. (a) A court may only enter an order instituting spousal
3-63 maintenance in the original decree of divorce, of annulment, or to
3-64 declare a marriage void or in an order resulting from a proceeding
3-65 for maintenance in a court with personal jurisdiction over both
3-66 former spouses following the dissolution of their marriage by a
3-67 court that lacked personal jurisdiction over an absent spouse. The
3-68 original decree or order may only be modified to reduce or
3-69 terminate the amount or duration of the spousal maintenance. The
3-70 original decree or order may not be modified to institute or
4-1 increase the amount or duration of the spousal maintenance. A
4-2 party affected by the order or decree to be modified may file the
4-3 motion.
4-4 (b) Notice of a motion to modify maintenance and the
4-5 response, if any, are governed by the Texas Rules of Civil
4-6 Procedure applicable to the filing of an original lawsuit.
4-7 (c) After a hearing, the court may modify an original or
4-8 modified order or decree providing for maintenance on a proper
4-9 showing of a material and substantial change in circumstances of
4-10 either party since the rendition of the prior judgment, decree, or
4-11 order sought to be modified.
4-12 Sec. 3.88. ENFORCEMENT OF A MAINTENANCE ORDER. (a) The
4-13 court may enforce by contempt its maintenance order or an agreement
4-14 for the payment of maintenance voluntarily entered into between the
4-15 parties and approved by the court.
4-16 (b) On the motion of a party entitled to receive maintenance
4-17 payments, the court may render judgment against a defaulting party
4-18 for an amount unpaid and owing after notice by service of citation,
4-19 answer, if any, and a hearing finding that the defaulting party has
4-20 failed or refused to carry out the terms of the order. The
4-21 judgment may be enforced by any means available for the enforcement
4-22 of judgments for debts.
4-23 (c) It is an affirmative defense to an allegation of
4-24 contempt of court or of the violation of condition of probation
4-25 requiring payment of court-ordered maintenance that the obligor:
4-26 (1) lacked the ability to provide maintenance in the
4-27 amount ordered;
4-28 (2) lacked property that could be sold, mortgaged, or
4-29 otherwise pledged to raise the funds needed;
4-30 (3) attempted unsuccessfully to borrow the needed
4-31 funds; and
4-32 (4) did not know of a source from which the money
4-33 could have been borrowed or otherwise legally obtained.
4-34 (d) The issue of the existence of an affirmative defense
4-35 does not arise unless evidence is admitted supporting the defense.
4-36 If the issue of the existence of an affirmative defense arises, an
4-37 obligor must prove the affirmative defense by a preponderance of
4-38 the evidence.
4-39 Sec. 3.89. PUTATIVE SPOUSE. In a suit to declare a marriage
4-40 void, a putative spouse who did not have knowledge of an existing
4-41 impediment to a valid marriage may be awarded maintenance if
4-42 otherwise qualified to receive maintenance under this subchapter.
4-43 Sec. 3.891. UNMARRIED COHABITANTS. An order for maintenance
4-44 is not authorized between unmarried cohabitants under any
4-45 circumstances.
4-46 Sec. 3.892. FINDINGS IN MAINTENANCE ORDER. Without regard
4-47 to Rules 296 through 299, Texas Rules of Civil Procedure, in any
4-48 suit in which spousal maintenance is contested and the amount of
4-49 maintenance is set by the court, on written request made or filed
4-50 with the court not later than 10 days after the date of the hearing
4-51 or on oral request made in open court during the hearing, the court
4-52 shall state the following in the maintenance order:
4-53 (1) the duration of the marriage as of the date of the
4-54 filing of the original petition;
4-55 (2) the facts and specific reasons supporting a
4-56 finding, if such finding is made, that the obligee:
4-57 (A) lacks sufficient property or other resources
4-58 or income to provide for the obligee's minimum reasonable needs;
4-59 (B) is unable to support himself or herself
4-60 through appropriate employment because of an incapacitating
4-61 physical or mental disability which first manifested itself during
4-62 the marriage or through other resources or income;
4-63 (C) is the custodian of a child who requires
4-64 substantial care and personal supervision because a physical or
4-65 mental disability makes it necessary, taking into consideration the
4-66 needs of the child, that the spouse not be employed outside the
4-67 home; or
4-68 (D) clearly lacks earning ability in the labor
4-69 market or other resources or income adequate to provide support for
4-70 the obligee's reasonable needs;
5-1 (3) the relevant factors considered and used to
5-2 determine the nature, amount, duration, and manner of payments and
5-3 the facts and specific reasons supporting each factor;
5-4 (4) the amount of maintenance payments per month; and
5-5 (5) the amount of net resources available to the
5-6 obligor and available to the obligee as the term "net resources" is
5-7 defined in Section 14.053(b) of this code.
5-8 A BILL TO BE ENTITLED
5-9 AN ACT
5-10 relating to the Uniform Interstate Family Support Act.
5-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
5-12 SECTION 1. Chapter 21, Family Code, is amended to read as
5-13 follows:
5-14 CHAPTER 21. <REVISED> UNIFORM INTERSTATE FAMILY <RECIPROCAL
5-15 ENFORCEMENT OF> SUPPORT ACT
5-16 SUBCHAPTER A. GENERAL PROVISIONS
5-17 Sec. 21.01. DEFINITIONS. In this chapter:
5-18 (1) "Child" means an individual, whether over or under
5-19 the age of majority, who is or is alleged to be owed a duty of
5-20 support by the individual's parent or who is or is alleged to be
5-21 the beneficiary of a support order directed to the parent.
5-22 (2) "Child support order" means a support order for a
5-23 child, including a child who has attained the age of majority under
5-24 the law of the issuing state.
5-25 (3) "Duty of support" means an obligation imposed or
5-26 imposable by law to provide support for a child, spouse, or former
5-27 spouse, including an unsatisfied obligation to provide support.
5-28 (4) "Home state" means the state in which a child
5-29 lived with a parent or a person acting as parent for at least six
5-30 consecutive months immediately preceding the time of filing of a
5-31 petition or comparable pleading for support and, if a child is less
5-32 than six months old, the state in which the child lived from birth
5-33 with any of them. A period of temporary absence of any of them is
5-34 counted as part of the six-month or other period.
5-35 (5) "Income" includes earnings or other periodic
5-36 entitlements to money from any source and any other property
5-37 subject to withholding for support under the law of this state.
5-38 (6) "Income-withholding order" means an order or other
5-39 legal process directed to an obligor's employer, as provided by
5-40 Section 14.43 of this code, to withhold support from the income of
5-41 the obligor.
5-42 (7) "Initiating state" means a state in which a
5-43 proceeding under this chapter or a law substantially similar to
5-44 this chapter, the Uniform Reciprocal Enforcement of Support Act, or
5-45 the Revised Uniform Reciprocal Enforcement of Support Act is filed
5-46 for forwarding to a responding state.
5-47 (8) "Initiating tribunal" means the authorized
5-48 tribunal in an initiating state.
5-49 (9) "Issuing state" means the state in which a
5-50 tribunal issues a support order or renders a judgment determining
5-51 parentage.
5-52 (10) "Issuing tribunal" means the tribunal that issues
5-53 a support order or renders a judgment determining parentage.
5-54 (11) "Law" includes decisional and statutory law and
5-55 rules and regulations having the force of law.
5-56 (12) "Obligee" means:
5-57 (A) an individual to whom a duty of support is
5-58 or is alleged to be owed or in whose favor a support order has been
5-59 issued or a judgment determining parentage has been rendered;
5-60 (B) a state or political subdivision to which
5-61 the rights under a duty of support or support order have been
5-62 assigned or that has independent claims based on financial
5-63 assistance provided to an individual obligee; or
5-64 (C) an individual seeking a judgment determining
5-65 parentage of the individual's child.
5-66 (13) "Obligor" means an individual, or the estate of a
5-67 decedent:
5-68 (A) who owes or is alleged to owe a duty of
5-69 support;
5-70 (B) who is alleged but has not been adjudicated
6-1 to be a parent of a child; or
6-2 (C) who is liable under a support order.
6-3 (14) "Register" means to file a support order or
6-4 judgment determining parentage in the registry of foreign support
6-5 orders.
6-6 (15) "Registering tribunal" means a tribunal in which
6-7 a support order is registered.
6-8 (16) "Responding state" means a state to which a
6-9 proceeding is forwarded under this chapter or a law substantially
6-10 similar to this chapter, the Uniform Reciprocal Enforcement of
6-11 Support Act, or the Revised Uniform Reciprocal Enforcement of
6-12 Support Act.
6-13 (17) "Responding tribunal" means the authorized
6-14 tribunal in a responding state.
6-15 (18) "Spousal-support order" means a support order for
6-16 a spouse or former spouse of the obligor.
6-17 (19) "State" means a state of the United States, the
6-18 District of Columbia, the Commonwealth of Puerto Rico, or any
6-19 territory or insular possession subject to the jurisdiction of the
6-20 United States. The term "state" includes an Indian tribe and
6-21 includes a foreign jurisdiction that has established procedures for
6-22 issuance and enforcement of support orders that are substantially
6-23 similar to the procedures under this chapter.
6-24 (20) "Support enforcement agency" means a public
6-25 official or agency authorized to seek:
6-26 (A) enforcement of support orders or laws
6-27 relating to the duty of support;
6-28 (B) establishment or modification of child
6-29 support;
6-30 (C) determination of parentage; or
6-31 (D) to locate obligors or their assets.
6-32 "Support enforcement agency" does not include a domestic
6-33 relations office unless that office has entered into a cooperative
6-34 agreement with the office of the attorney general to perform duties
6-35 under this chapter.
6-36 (21) "Support order" means a judgment, decree, or
6-37 order, whether temporary, final, or subject to modification, for
6-38 the benefit of a child, a spouse, or a former spouse, that provides
6-39 for monetary support, health care, arrearages, or reimbursement,
6-40 and may include related costs and fees, interest, income
6-41 withholding, attorney's fees, and other relief.
6-42 (22) "Tribunal" means a court, administrative agency,
6-43 or quasi-judicial entity authorized to establish, enforce, or
6-44 modify support orders or to determine parentage.
6-45 Sec. 21.02. TRIBUNAL OF THIS STATE. The court is the
6-46 tribunal of this state.
6-47 Sec. 21.03. REMEDIES CUMULATIVE. Remedies provided by this
6-48 chapter are cumulative and do not affect the availability of
6-49 remedies under other law.
6-50 SUBCHAPTER B. JURISDICTION
6-51 Sec. 21.04. BASES FOR JURISDICTION OVER NONRESIDENT. In a
6-52 proceeding to establish, enforce, or modify a support order or to
6-53 determine parentage, a tribunal of this state may exercise personal
6-54 jurisdiction over a nonresident individual or the individual's
6-55 guardian or conservator if:
6-56 (1) the individual is personally served with citation
6-57 within this state;
6-58 (2) the individual submits to the jurisdiction of this
6-59 state by consent, by entering a general appearance, or by filing a
6-60 responsive document having the effect of waiving any contest to
6-61 personal jurisdiction;
6-62 (3) the individual resided with the child in this
6-63 state;
6-64 (4) the individual resided in this state and provided
6-65 prenatal expenses or support for the child;
6-66 (5) the child resides in this state as a result of the
6-67 acts or directives of the individual;
6-68 (6) the individual engaged in sexual intercourse in
6-69 this state and the child may have been conceived by that act of
6-70 intercourse; or
7-1 (7) there is any other basis consistent with the
7-2 constitutions of this state and the United States for the exercise
7-3 of personal jurisdiction.
7-4 Sec. 21.05. PROCEDURE WHEN EXERCISING JURISDICTION OVER
7-5 NONRESIDENT. A tribunal of this state exercising personal
7-6 jurisdiction over a nonresident under Section 21.04 of this code
7-7 may apply Section 21.28 of this code to receive evidence from
7-8 another state and Section 21.30 of this code to obtain discovery
7-9 through a tribunal of another state. In all other respects,
7-10 Subchapters C through G of this chapter do not apply and the
7-11 tribunal shall apply the procedural and substantive law of this
7-12 state, including the rules on choice of law other than those
7-13 established by this chapter.
7-14 Sec. 21.06. INITIATING AND RESPONDING TRIBUNAL OF THIS
7-15 STATE. Under this chapter, a tribunal of this state may serve as
7-16 an initiating tribunal to forward proceedings to another state and
7-17 as a responding tribunal for proceedings initiated in another
7-18 state.
7-19 Sec. 21.07. SIMULTANEOUS PROCEEDINGS IN ANOTHER STATE.
7-20 (a) A tribunal of this state may exercise jurisdiction to
7-21 establish a support order if the petition or comparable pleading is
7-22 filed after a pleading is filed in another state only if:
7-23 (1) the petition or comparable pleading in this state
7-24 is filed before the expiration of the time allowed in the other
7-25 state for filing a responsive pleading challenging the exercise of
7-26 jurisdiction by the other state;
7-27 (2) the contesting party timely challenges the
7-28 exercise of jurisdiction in the other state; and
7-29 (3) if relevant, this state is the home state of the
7-30 child.
7-31 (b) A tribunal of this state may not exercise jurisdiction
7-32 to establish a support order if the petition or comparable pleading
7-33 is filed before a petition or comparable pleading is filed in
7-34 another state if:
7-35 (1) the petition or comparable pleading in the other
7-36 state is filed before the expiration of the time allowed in this
7-37 state for filing a responsive pleading challenging the exercise of
7-38 jurisdiction by this state;
7-39 (2) the contesting party timely challenges the
7-40 exercise of jurisdiction in this state; and
7-41 (3) if relevant, the other state is the home state of
7-42 the child.
7-43 Sec. 21.08. CONTINUING, EXCLUSIVE JURISDICTION. (a) A
7-44 tribunal of this state issuing a support order consistent with the
7-45 law of this state has continuing, exclusive jurisdiction over a
7-46 child support order:
7-47 (1) as long as this state remains the residence of the
7-48 obligor, the individual obligee, or the child for whose benefit the
7-49 support order is issued; or
7-50 (2) until each individual party has filed written
7-51 consent with the tribunal of this state for a tribunal of another
7-52 state to modify the order and assume continuing, exclusive
7-53 jurisdiction.
7-54 (b) A tribunal of this state issuing a child support order
7-55 consistent with the law of this state may not exercise its
7-56 continuing jurisdiction to modify the order if the order has been
7-57 modified by a tribunal of another state pursuant to a law
7-58 substantially similar to this chapter.
7-59 (c) If a child support order of this state is modified by a
7-60 tribunal of another state pursuant to a law substantially similar
7-61 to this chapter, a tribunal of this state loses its continuing,
7-62 exclusive jurisdiction with regard to prospective enforcement of
7-63 the order issued in this state, and may only:
7-64 (1) enforce the order that was modified as to amounts
7-65 accruing before the modification;
7-66 (2) enforce nonmodifiable aspects of that order; and
7-67 (3) provide other appropriate relief for violations of
7-68 that order that occurred before the effective date of the
7-69 modification.
7-70 (d) A tribunal of this state shall recognize the continuing,
8-1 exclusive jurisdiction of a tribunal of another state that issued a
8-2 child support order pursuant to a law substantially similar to this
8-3 chapter.
8-4 (e) A temporary support order issued ex parte or pending
8-5 resolution of a jurisdictional conflict does not create continuing,
8-6 exclusive jurisdiction in the issuing tribunal.
8-7 (f) A tribunal of this state issuing a support order
8-8 consistent with the law of this state has continuing, exclusive
8-9 jurisdiction over a spousal support order throughout the existence
8-10 of the support obligation. A tribunal of this state may not modify
8-11 a spousal support order issued by a tribunal of another state
8-12 having continuing, exclusive jurisdiction over that order under the
8-13 law of that state.
8-14 Sec. 21.09. ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER BY
8-15 TRIBUNAL HAVING CONTINUING JURISDICTION. (a) A tribunal of this
8-16 state may serve as an initiating tribunal to request a tribunal of
8-17 another state to enforce or modify a support order issued in that
8-18 state.
8-19 (b) A tribunal of this state having continuing, exclusive
8-20 jurisdiction over a support order may act as a responding tribunal
8-21 to enforce or modify the order. If a party subject to the
8-22 tribunal's continuing, exclusive jurisdiction of the tribunal no
8-23 longer resides in the issuing state, in subsequent proceedings the
8-24 tribunal may apply Section 21.28 of this code to receive evidence
8-25 from another state and Section 21.30 of this code to obtain
8-26 discovery through a tribunal of another state.
8-27 (c) A tribunal of this state that lacks continuing,
8-28 exclusive jurisdiction over a spousal support order may not serve
8-29 as a responding tribunal to modify a spousal support order of
8-30 another state.
8-31 Sec. 21.10. RECOGNITION OF CHILD SUPPORT ORDERS. (a) If a
8-32 proceeding is brought under this chapter, and one or more child
8-33 support orders have been issued in this or another state with
8-34 regard to an obligor and a child, a tribunal of this state shall
8-35 apply the following rules in determining which order to recognize
8-36 for purposes of continuing, exclusive jurisdiction:
8-37 (1) if only one tribunal has issued a child support
8-38 order, the order of that tribunal must be recognized;
8-39 (2) if two or more tribunals have issued child support
8-40 orders for the same obligor and child, and only one of the
8-41 tribunals would have continuing, exclusive jurisdiction under this
8-42 chapter, the order of that tribunal must be recognized;
8-43 (3) if two or more tribunals have issued child support
8-44 orders for the same obligor and child, and more than one of the
8-45 tribunals would have continuing, exclusive jurisdiction under this
8-46 chapter, an order issued by a tribunal in the current home state of
8-47 the child must be recognized, but if an order has not been issued
8-48 in the current home state of the child, the order most recently
8-49 issued must be recognized; and
8-50 (4) if two or more tribunals have issued child support
8-51 orders for the same obligor and child, and none of the tribunals
8-52 would have continuing, exclusive jurisdiction under this chapter,
8-53 the tribunal of this state may issue a child support order, which
8-54 must be recognized.
8-55 (b) The tribunal that has issued an order recognized under
8-56 Subsection (a) of this section is the tribunal having continuing,
8-57 exclusive jurisdiction.
8-58 Sec. 21.11. MULTIPLE CHILD SUPPORT ORDERS FOR TWO OR MORE
8-59 OBLIGEES. In responding to multiple registrations or petitions
8-60 for enforcement of two or more child support orders in effect at
8-61 the same time with regard to the same obligor and different
8-62 individual obligees, at least one of which was issued by a tribunal
8-63 of another state, a tribunal of this state shall enforce those
8-64 orders in the same manner as if the multiple orders had been issued
8-65 by a tribunal of this state.
8-66 Sec. 21.12. CREDIT FOR PAYMENTS. Amounts collected and
8-67 credited for a particular period pursuant to a support order issued
8-68 by a tribunal of another state must be credited against the amounts
8-69 accruing or accrued for the same period under a support order
8-70 issued by the tribunal of this state.
9-1 SUBCHAPTER C. CIVIL PROVISIONS OF GENERAL APPLICATION
9-2 Sec. 21.13. PROCEEDINGS UNDER THIS CHAPTER. (a) Except as
9-3 otherwise provided in this chapter, this subchapter applies to all
9-4 proceedings under this chapter.
9-5 (b) This chapter provides for the following proceedings:
9-6 (1) establishment of an order for spousal support or
9-7 child support pursuant to Subchapter D of this chapter;
9-8 (2) enforcement of a support order and
9-9 income-withholding order of another state without registration
9-10 pursuant to Subchapter E of this chapter;
9-11 (3) registration of an order for spousal support or
9-12 child support of another state for enforcement pursuant to
9-13 Subchapter F of this chapter;
9-14 (4) modification of an order for child support or
9-15 spousal support issued by a tribunal of this state pursuant to
9-16 Sections 21.06 through 21.08 of this code;
9-17 (5) registration of an order for child support of
9-18 another state for modification pursuant to Subchapter F of this
9-19 chapter;
9-20 (6) determination of parentage pursuant to Subchapter
9-21 G of this chapter; and
9-22 (7) assertion of jurisdiction over nonresidents
9-23 pursuant to Sections 21.04 and 21.05 of this code.
9-24 (c) An individual or a support enforcement agency may
9-25 commence a proceeding authorized under this chapter by filing a
9-26 petition in an initiating tribunal for forwarding to a responding
9-27 tribunal or by filing a petition or a comparable pleading directly
9-28 in a tribunal of another state that has or can obtain personal
9-29 jurisdiction over the respondent.
9-30 Sec. 21.14. ACTION BY MINOR PARENT. A minor parent, or a
9-31 guardian or other legal representative of a minor parent, may
9-32 maintain a proceeding on behalf of or for the benefit of the
9-33 minor's child.
9-34 Sec. 21.15. APPLICATION OF LAW OF THIS STATE. Except as
9-35 otherwise provided by this chapter, a responding tribunal of this
9-36 state:
9-37 (1) shall apply the procedural and substantive law,
9-38 including the rules on choice of law, generally applicable to
9-39 similar proceedings originating in this state and may exercise all
9-40 powers and provide all remedies available in those proceedings; and
9-41 (2) shall determine the duty of support and the amount
9-42 payable in accordance with the law and support guidelines of this
9-43 state.
9-44 Sec. 21.16. DUTIES OF INITIATING TRIBUNAL. Upon the filing
9-45 of a petition authorized by this chapter, an initiating tribunal of
9-46 this state shall forward three copies of the petition and its
9-47 accompanying documents:
9-48 (1) to the responding tribunal or appropriate support
9-49 enforcement agency in the responding state; or
9-50 (2) if the identity of the responding tribunal is
9-51 unknown, to the state information agency of the responding state
9-52 with a request that they be forwarded to the appropriate tribunal
9-53 and that receipt be acknowledged.
9-54 Sec. 21.17. DUTIES AND POWERS OF RESPONDING TRIBUNAL.
9-55 (a) When a responding tribunal of this state receives a petition
9-56 or comparable pleading from an initiating tribunal or directly
9-57 pursuant to Section 21.13(c) of this code, it shall cause the
9-58 petition or pleading to be filed and notify the petitioner by first
9-59 class mail where and when it was filed.
9-60 (b) A responding tribunal of this state, to the extent
9-61 otherwise authorized by law, may do one or more of the following:
9-62 (1) issue or enforce a support order, modify a child
9-63 support order, or render a judgment to determine parentage;
9-64 (2) order an obligor to comply with a support order,
9-65 specifying the amount and the manner of compliance;
9-66 (3) order income withholding;
9-67 (4) determine the amount of any arrearages, and
9-68 specify a method of payment;
9-69 (5) enforce orders by civil or criminal contempt, or
9-70 both;
10-1 (6) set aside property for satisfaction of the support
10-2 order;
10-3 (7) place liens and order execution on the obligor's
10-4 property provided, however, such liens shall not arise or attach to
10-5 real property until recorded in the real property records of the
10-6 county where the real property of the obligor is located and shall
10-7 be subordinate to the rights of prior bona fide purchasers and
10-8 lienholders on the real property;
10-9 (8) order an obligor to keep the tribunal informed of
10-10 the obligor's current residential address, telephone number,
10-11 employer, address of employment, and telephone number at the place
10-12 of employment;
10-13 (9) issue a bench warrant or capias for an obligor who
10-14 has failed after proper notice to appear at a hearing ordered by
10-15 the tribunal and enter the bench warrant or capias in any local and
10-16 state computer systems for criminal warrants;
10-17 (10) order the obligor to seek appropriate employment
10-18 by specified methods;
10-19 (11) award reasonable attorney's fees and other fees
10-20 and costs; and
10-21 (12) grant any other available remedy.
10-22 (c) A responding tribunal of this state shall include in a
10-23 support order issued under this chapter, or in the documents
10-24 accompanying the order, the calculations on which the support order
10-25 is based.
10-26 (d) A responding tribunal of this state may not condition
10-27 the payment of a support order issued under this chapter on
10-28 compliance by a party with provisions for visitation.
10-29 (e) If a responding tribunal of this state issues an order
10-30 under this chapter, the tribunal shall send a copy of the order by
10-31 first class mail to the petitioner and the respondent and to the
10-32 initiating tribunal, if any.
10-33 Sec. 21.18. INAPPROPRIATE TRIBUNAL. If a petition or
10-34 comparable pleading is received by an inappropriate tribunal of
10-35 this state, it shall forward the pleading and accompanying
10-36 documents to an appropriate tribunal in this state or another state
10-37 and notify the petitioner by first class mail where and when the
10-38 pleading was sent.
10-39 Sec. 21.19. DUTIES OF SUPPORT ENFORCEMENT AGENCY. (a) A
10-40 support enforcement agency of this state, on request, shall provide
10-41 services to a petitioner in a proceeding under this chapter.
10-42 (b) A support enforcement agency that is providing services
10-43 to the petitioner as appropriate shall:
10-44 (1) take all steps necessary to enable an appropriate
10-45 tribunal in this state or another state to obtain jurisdiction over
10-46 the respondent;
10-47 (2) request an appropriate tribunal to set a date,
10-48 time, and place for a hearing;
10-49 (3) make a reasonable effort to obtain all relevant
10-50 information, including information as to income and property of the
10-51 parties;
10-52 (4) within two days, exclusive of Saturdays, Sundays,
10-53 and legal holidays, after receipt of a written notice from an
10-54 initiating, responding, or registering tribunal, send a copy of the
10-55 notice by first class mail to the petitioner;
10-56 (5) within two days, exclusive of Saturdays, Sundays,
10-57 and legal holidays, after receipt of a written communication from
10-58 the respondent or the respondent's attorney, send a copy of the
10-59 communication by first class mail to the petitioner; and
10-60 (6) notify the petitioner if jurisdiction over the
10-61 respondent cannot be obtained.
10-62 (c) This chapter does not create or negate a relationship of
10-63 attorney and client or other fiduciary relationship between a
10-64 support enforcement agency or the attorney for the agency and the
10-65 individual being assisted by the agency.
10-66 Sec. 21.20. DUTY OF ATTORNEY GENERAL. If the attorney
10-67 general determines that the support enforcement agency is
10-68 neglecting or refusing to provide services to an individual, the
10-69 attorney general may order the agency to perform its duties under
10-70 this chapter or may provide those services directly to the
11-1 individual.
11-2 Sec. 21.21. PRIVATE COUNSEL. An individual may employ
11-3 private counsel to represent the individual in proceedings
11-4 authorized by this chapter.
11-5 Sec. 21.22. DUTIES OF STATE INFORMATION AGENCY. (a) The
11-6 attorney general's office is the state information agency under
11-7 this chapter.
11-8 (b) The state information agency shall:
11-9 (1) compile and maintain a current list, including
11-10 addresses, of the tribunals in this state that have jurisdiction
11-11 under this chapter and any support enforcement agencies in this
11-12 state and transmit a copy to the state information agency of every
11-13 other state;
11-14 (2) maintain a register of tribunals and support
11-15 enforcement agencies received from other states;
11-16 (3) forward to the appropriate tribunal in the place
11-17 in this state where the individual obligee or the obligor resides,
11-18 or where the obligor's property is believed to be located, all
11-19 documents concerning a proceeding under this chapter received from
11-20 an initiating tribunal or the state information agency of the
11-21 initiating state; and
11-22 (4) obtain information concerning the location of the
11-23 obligor and the obligor's property within this state not exempt
11-24 from execution, by such means as postal verification and federal or
11-25 state locator services, examination of telephone directories,
11-26 requests for the obligor's address from employers, and examination
11-27 of governmental records, including, to the extent not prohibited by
11-28 other law, those relating to real property, vital statistics, law
11-29 enforcement, taxation, motor vehicles, driver's licenses, and
11-30 social security.
11-31 Sec. 21.23. PLEADINGS AND ACCOMPANYING DOCUMENTS. (a) A
11-32 petitioner seeking to establish or modify a support order or to
11-33 determine parentage in a proceeding under this chapter must verify
11-34 the petition. Unless otherwise ordered under Section 21.24 of this
11-35 code, the petition or accompanying documents must provide, so far
11-36 as known, the name, residential address, and social security
11-37 numbers of the obligor and the obligee, and the name, sex,
11-38 residential address, social security number, and date of birth of
11-39 each child for whom support is sought. The petition must be
11-40 accompanied by a certified copy of any support order in effect.
11-41 The petition may include any other information that may assist in
11-42 locating or identifying the respondent.
11-43 (b) The petition must specify the relief sought. The
11-44 petition and accompanying documents must conform substantially with
11-45 the requirements imposed by the forms mandated by federal law for
11-46 use in cases filed by a support enforcement agency.
11-47 Sec. 21.24. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL
11-48 CIRCUMSTANCES. On a finding, which may be made ex parte, that the
11-49 health, safety, or liberty of a party or child would be
11-50 unreasonably put at risk by the disclosure of identifying
11-51 information, or if an existing order so provides, a tribunal shall
11-52 order that the address of the child or party or other identifying
11-53 information not be disclosed in a pleading or other document filed
11-54 in a proceeding under this chapter.
11-55 Sec. 21.25. COSTS AND FEES. (a) An initiating court may
11-56 require payment of either a filing fee or other costs from the
11-57 obligee and may request the responding court to collect fees and
11-58 costs from the obligor. The clerk of the responding court may
11-59 require payment of a filing fee or other costs from the obligee.
11-60 (b) If an obligee prevails, a responding tribunal may
11-61 assess against an obligor filing fees, reasonable attorney's fees,
11-62 other costs, and necessary travel and other reasonable expenses
11-63 incurred by the obligee and the obligee's witnesses. The tribunal
11-64 may not assess fees, costs, or expenses against the obligee or the
11-65 support enforcement agency of either the initiating or the
11-66 responding state, except as provided by other law. Attorney's fees
11-67 may be taxed as costs, and may be ordered paid directly to the
11-68 attorney, who may enforce the order in the attorney's own name.
11-69 Payment of support owed to the obligee has priority over fees,
11-70 costs and expenses.
12-1 (c) The tribunal shall order the payment of costs and
12-2 reasonable attorney's fees if it determines that a hearing was
12-3 requested primarily for delay. In a proceeding under Subchapter F
12-4 of this code, a hearing is presumed to have been requested
12-5 primarily for delay if a registered support order is confirmed or
12-6 enforced without change.
12-7 Sec. 21.26. LIMITED IMMUNITY OF PETITIONER.
12-8 (a) Participation by a petitioner in a proceeding before a
12-9 responding tribunal, whether in person, by private attorney, or
12-10 through services provided by the support enforcement agency, does
12-11 not confer personal jurisdiction over the petitioner in another
12-12 proceeding.
12-13 (b) A petitioner is not amenable to service of civil process
12-14 while physically present in this state to participate in a
12-15 proceeding under this chapter.
12-16 (c) The immunity granted by this section does not extend to
12-17 civil litigation based on acts unrelated to a proceeding under this
12-18 chapter committed by a party while present in this state to
12-19 participate in the proceeding.
12-20 Sec. 21.27. NONPARENTAGE AS DEFENSE. A party whose
12-21 parentage of a child has been previously determined by or pursuant
12-22 to law may not plead nonparentage as a defense to a proceeding
12-23 under this chapter.
12-24 Sec. 21.28. SPECIAL RULES OF EVIDENCE AND PROCEDURE.
12-25 (a) The physical presence of the petitioner in a responding
12-26 tribunal of this state is not required for the establishment,
12-27 enforcement, or modification of a support order or the rendition of
12-28 a judgment determining parentage.
12-29 (b) A verified petition, affidavit, document substantially
12-30 complying with federally mandated forms, and a document
12-31 incorporated by reference in any of them, not excluded under the
12-32 hearsay rule if given in person, is admissible in evidence if given
12-33 under oath by a party or witness residing in another state.
12-34 (c) A copy of the record of child support payments certified
12-35 as a true copy of the original by the custodian of the record may
12-36 be forwarded to a responding tribunal. The copy is evidence of
12-37 facts asserted in it, and is admissible to show whether payments
12-38 were made.
12-39 (d) Copies of bills for testing for parentage, and for
12-40 prenatal and postnatal health care of the mother and child,
12-41 furnished to the adverse party at least 10 days before trial, are
12-42 admissible in evidence to prove the amount of the charges billed
12-43 and that the charges were reasonable, necessary, and customary.
12-44 (e) Documentary evidence transmitted from another state to a
12-45 tribunal of this state by telephone, telecopier, or other means
12-46 that do not provide an original writing may not be excluded from
12-47 evidence on an objection based on the means of transmission.
12-48 (f) In a proceeding under this chapter, a tribunal of this
12-49 state may permit a party or witness residing in another state to be
12-50 deposed or to testify by telephone, audiovisual means, or other
12-51 electronic means at a designated tribunal or other location in that
12-52 state. A tribunal of this state shall cooperate with tribunals of
12-53 other states in designating an appropriate location for the
12-54 deposition or testimony.
12-55 (g) If a party called to testify at a civil hearing refuses
12-56 to answer on the ground that the testimony may be
12-57 self-incriminating, the trier of fact may draw an adverse inference
12-58 from the refusal.
12-59 (h) A privilege against disclosure of communications between
12-60 spouses does not apply in a proceeding under this chapter.
12-61 (i) The defense of immunity based on the relationship of
12-62 husband and wife or parent and child does not apply in a proceeding
12-63 under this chapter.
12-64 Sec. 21.29. COMMUNICATIONS BETWEEN TRIBUNALS. A tribunal of
12-65 this state may communicate with a tribunal of another state in
12-66 writing, or by telephone or other means, to obtain information
12-67 concerning the laws of that state, the legal effect of a judgment,
12-68 decree, or order of that tribunal, and the status of a proceeding
12-69 in the other state. A tribunal of this state may furnish similar
12-70 information by similar means to a tribunal of another state.
13-1 Sec. 21.30. ASSISTANCE WITH DISCOVERY. A tribunal of this
13-2 state may:
13-3 (1) request a tribunal of another state to assist in
13-4 obtaining discovery; and
13-5 (2) on request, compel a person over whom it has
13-6 jurisdiction to respond to a discovery order issued by a tribunal
13-7 of another state.
13-8 Sec. 21.31. RECEIPT AND DISBURSEMENT OF PAYMENTS. A
13-9 support enforcement agency or tribunal of this state shall disburse
13-10 promptly any amounts received pursuant to a support order, as
13-11 directed by the order. The agency or tribunal shall furnish to a
13-12 requesting party or tribunal of another state a certified statement
13-13 by the custodian of the record of the amounts and dates of all
13-14 payments received.
13-15 SUBCHAPTER D. ESTABLISHMENT OF SUPPORT ORDER
13-16 Sec. 21.32. PETITION TO ESTABLISH SUPPORT ORDER. (a) If a
13-17 support order entitled to recognition under this chapter has not
13-18 been issued, a responding tribunal of this state may issue a
13-19 support order if:
13-20 (1) the individual seeking the order resides in
13-21 another state; or
13-22 (2) the support enforcement agency seeking the order
13-23 is located in another state.
13-24 (b) The tribunal may issue a temporary child support order
13-25 if:
13-26 (1) the respondent has signed a verified statement
13-27 acknowledging parentage;
13-28 (2) the respondent has been determined by or pursuant
13-29 to law to be the parent; or
13-30 (3) there is other clear and convincing evidence that
13-31 the respondent is the child's parent.
13-32 (c) On finding, after notice and opportunity to be heard,
13-33 that an obligor owes a duty of support, the tribunal shall issue a
13-34 support order directed to the obligor and may issue other orders
13-35 pursuant to Section 21.17 of this code.
13-36 SUBCHAPTER E. DIRECT ENFORCEMENT OF ORDER OF ANOTHER
13-37 STATE WITHOUT REGISTRATION
13-38 Sec. 21.33. RECOGNITION OF INCOME-WITHHOLDING ORDER OF
13-39 ANOTHER STATE. (a) An income-withholding order issued in another
13-40 state may be sent by first class mail to the obligor's employer
13-41 under Section 14.43 of this code without first filing a petition or
13-42 comparable pleading or registering the order with a tribunal of
13-43 this state. On receipt of the order, the employer shall:
13-44 (1) treat an income-withholding order issued in
13-45 another state that appears regular on its face as if it had been
13-46 issued by a tribunal of this state;
13-47 (2) immediately provide a copy of the order to the
13-48 obligor; and
13-49 (3) distribute the funds as directed in the
13-50 withholding order.
13-51 (b) An obligor may contest the validity or enforcement of an
13-52 income-withholding order issued in another state in the same manner
13-53 as if the order had been issued by a tribunal of this state.
13-54 Section 21.38 of this code applies to the contest. The obligor
13-55 shall give notice of the contest to any support enforcement agency
13-56 providing services to the obligee and to:
13-57 (1) the person or agency designated to receive
13-58 payments in the income-withholding order; or
13-59 (2) if no person or agency is designated, the obligee.
13-60 Sec. 21.34. ADMINISTRATIVE ENFORCEMENT OF ORDERS. (a) A
13-61 party seeking to enforce a support order or an income-withholding
13-62 order, or both, issued by a tribunal of another state may send the
13-63 documents required for registering the order to a support
13-64 enforcement agency of this state.
13-65 (b) On receipt of the documents, the support enforcement
13-66 agency, without initially seeking to register the order, shall
13-67 consider and, if appropriate, use any administrative procedure
13-68 authorized by the law of this state to enforce a support order or
13-69 an income-withholding order, or both. If the obligor does not
13-70 contest administrative enforcement, the order need not be
14-1 registered. If the obligor contests the validity or administrative
14-2 enforcement of the order, the support enforcement agency shall
14-3 register the order pursuant to this chapter.
14-4 SUBCHAPTER F. ENFORCEMENT AND MODIFICATION OF
14-5 SUPPORT ORDER AFTER REGISTRATION
14-6 Sec. 21.35. REGISTRATION OF ORDER FOR ENFORCEMENT. A
14-7 support order or an income-withholding order issued by a tribunal
14-8 of another state may be registered in this state for enforcement.
14-9 Sec. 21.36. PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT.
14-10 (a) A support order or income-withholding order of another state
14-11 may be registered in this state by sending the following documents
14-12 and information to the appropriate tribunal in this state:
14-13 (1) a letter of transmittal to the tribunal requesting
14-14 registration and enforcement;
14-15 (2) two copies, including one certified copy, of all
14-16 orders to be registered, including any modification of an order;
14-17 (3) a sworn statement by the party seeking
14-18 registration or a certified statement by the custodian of the
14-19 records showing the amount of any arrearage;
14-20 (4) the name of the obligor and, if known:
14-21 (A) the obligor's address and social security
14-22 number;
14-23 (B) the name and address of the obligor's
14-24 employer and any other source of income of the obligor; and
14-25 (C) a description and the location of property
14-26 of the obligor in this state not exempt from execution; and
14-27 (5) the name and address of the obligee and, if
14-28 applicable, the agency or person to whom support payments are to be
14-29 remitted.
14-30 (b) On receipt of a request for registration, the
14-31 registering tribunal shall cause the order to be filed as a foreign
14-32 judgment, together with one copy of the documents and information,
14-33 regardless of their form.
14-34 (c) A petition or comparable pleading seeking a remedy that
14-35 must be affirmatively sought under other law of this state may be
14-36 filed at the same time as the request for registration or later.
14-37 The pleading must specify the grounds for the remedy sought.
14-38 Sec. 21.37. EFFECT OF REGISTRATION FOR ENFORCEMENT. (a) A
14-39 support order or income-withholding order issued in another state
14-40 is registered when the order is filed in the registering tribunal
14-41 of this state.
14-42 (b) A registered order issued in another state is
14-43 enforceable in the same manner and is subject to the same
14-44 procedures as an order issued by a tribunal of this state.
14-45 (c) Except as otherwise provided in this subchapter, a
14-46 tribunal of this state shall recognize and enforce, but may not
14-47 modify, a registered order if the issuing tribunal had
14-48 jurisdiction.
14-49 Sec. 21.38. CHOICE OF LAW. (a) The law of the issuing
14-50 state governs the nature, extent, amount, and duration of current
14-51 payments and other obligations of support and the payment of
14-52 arrearages under the order only if a party provides the court with
14-53 jurisdiction over an action in this state a certified copy of the
14-54 applicable law of that state. Otherwise, the law of this state
14-55 applies.
14-56 (b) In a proceeding for arrearages, the statute of
14-57 limitation under the laws of this state or of the issuing state,
14-58 whichever is longer, applies.
14-59 Sec. 21.39. NOTICE OF REGISTRATION OF ORDER. (a) When a
14-60 support order or income-withholding order issued in another state
14-61 is registered, the registering tribunal shall notify the
14-62 nonregistering party. Notice must be given by first class,
14-63 certified, or registered mail or by any means of personal service
14-64 authorized by the law of this state. The notice must be
14-65 accompanied by a copy of the registered order and the documents and
14-66 relevant information accompanying the order.
14-67 (b) The notice must inform the nonregistering party:
14-68 (1) that a registered order is enforceable as of the
14-69 date of registration in the same manner as an order issued by a
14-70 tribunal of this state;
15-1 (2) that a hearing to contest the validity or
15-2 enforcement of the registered order must be requested within 20
15-3 days after the date of mailing or personal service of the notice;
15-4 (3) that failure to contest the validity or
15-5 enforcement of the registered order in a timely manner will result
15-6 in confirmation of the order and enforcement of the order and the
15-7 alleged arrearages and precludes further contest of that order with
15-8 respect to any matter that could have been asserted; and
15-9 (4) of the amount of any alleged arrearages.
15-10 (c) On registration of an income-withholding order for
15-11 enforcement, the registering tribunal shall notify the obligor's
15-12 employer pursuant to Section 14.43 of this code.
15-13 Sec. 21.40. PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF
15-14 REGISTERED ORDER. (a) A nonregistering party seeking to contest
15-15 the validity or enforcement of a registered order in this state
15-16 shall request a hearing within 20 days after the date of mailing or
15-17 personal service of notice of the registration. The nonregistering
15-18 party may seek to vacate the registration, to assert any defense to
15-19 an allegation of noncompliance with the registered order, or to
15-20 contest the remedies being sought or the amount of any alleged
15-21 arrearages pursuant to Section 21.41 of this code.
15-22 (b) If the nonregistering party fails to contest the
15-23 validity or enforcement of the registered order in a timely manner,
15-24 the order is confirmed by operation of law.
15-25 (c) If a nonregistering party requests a hearing to contest
15-26 the validity or enforcement of the registered order, the
15-27 registering tribunal shall schedule the matter for hearing and give
15-28 notice to the parties by first class mail of the date, time, and
15-29 place of the hearing.
15-30 Sec. 21.41. CONTEST OF REGISTRATION OR ENFORCEMENT. (a) A
15-31 party contesting the validity or enforcement of a registered order
15-32 or seeking to vacate the registration has the burden of proving one
15-33 or more of the following defenses:
15-34 (1) the issuing tribunal lacked personal jurisdiction
15-35 over the contesting party;
15-36 (2) the order was obtained by fraud;
15-37 (3) the order has been vacated, suspended, or modified
15-38 by a later order;
15-39 (4) the issuing tribunal has stayed the order pending
15-40 appeal;
15-41 (5) there is a defense under the law of this state to
15-42 the remedy sought;
15-43 (6) full or partial payment has been made; or
15-44 (7) the statute of limitation under Section 21.38 of
15-45 this code precludes enforcement of some or all of the arrearages.
15-46 (b) If a party presents evidence establishing a full or
15-47 partial defense under Subsection (a) of this section, a tribunal
15-48 may stay enforcement of the registered order, continue the
15-49 proceeding to permit production of additional relevant evidence,
15-50 and issue other appropriate orders. An uncontested portion of the
15-51 registered order may be enforced by all remedies available under
15-52 the law of this state.
15-53 (c) If the contesting party does not establish a defense
15-54 under Subsection (a) of this section to the validity or enforcement
15-55 of the order, the registering tribunal shall issue an order
15-56 confirming the order.
15-57 Sec. 21.42. CONFIRMED ORDER. Confirmation of a registered
15-58 order, whether by operation of law or after notice and hearing,
15-59 precludes further contest of the order with respect to any matter
15-60 that could have been asserted at the time of registration.
15-61 Sec. 21.43. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF
15-62 ANOTHER STATE FOR MODIFICATION. A party or support enforcement
15-63 agency seeking to modify, or to modify and enforce, a child support
15-64 order issued in another state shall register that order in this
15-65 state in the same manner provided in Sections 21.35 through 21.38
15-66 of this code if the order has not been registered. A petition for
15-67 modification may be filed at the same time as a request for
15-68 registration, or later. The pleading must specify the grounds for
15-69 modification.
15-70 Sec. 21.44. EFFECT OF REGISTRATION FOR MODIFICATION. A
16-1 tribunal of this state may enforce a child support order of another
16-2 state registered for purposes of modification, in the same manner
16-3 as if the order had been issued by a tribunal of this state, but
16-4 the registered order may be modified only if the requirements of
16-5 Section 21.45 of this code have been met.
16-6 Sec. 21.45. MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER
16-7 STATE. (a) After a child support order issued in another state
16-8 has been registered in this state, the responding tribunal of this
16-9 state may modify that order only if, after notice and hearing, it
16-10 finds that:
16-11 (1) the following requirements are met:
16-12 (A) the child, the individual obligee, and the
16-13 obligor do not reside in the issuing state;
16-14 (B) a petitioner who is a nonresident of this
16-15 state seeks modification; and
16-16 (C) the respondent is subject to the personal
16-17 jurisdiction of the tribunal of this state; or
16-18 (2) an individual party or the child is subject to the
16-19 personal jurisdiction of the tribunal and all of the individual
16-20 parties have filed a written consent in the issuing tribunal
16-21 providing that a tribunal of this state may modify the support
16-22 order and assume continuing, exclusive jurisdiction over the order.
16-23 (b) Modification of a registered child support order is
16-24 subject to the same requirements, procedures, and defenses that
16-25 apply to the modification of an order issued by a tribunal of this
16-26 state and the order may be enforced and satisfied in the same
16-27 manner.
16-28 (c) A tribunal of this state may not modify any aspect of a
16-29 child support order that may not be modified under the law of the
16-30 issuing state.
16-31 (d) On issuance of an order modifying a child support order
16-32 issued in another state, a tribunal of this state becomes the
16-33 tribunal of continuing, exclusive jurisdiction.
16-34 (e) Within 30 days after issuance of a modified child
16-35 support order, the party obtaining the modification shall file a
16-36 certified copy of the order with the issuing tribunal that had
16-37 continuing, exclusive jurisdiction over the earlier order, and in
16-38 each tribunal in which the party knows that earlier order has been
16-39 registered.
16-40 Sec. 21.46. RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.
16-41 A tribunal of this state shall recognize a modification of its
16-42 earlier child support order by a tribunal of another state that
16-43 assumed jurisdiction pursuant to a law substantially similar to
16-44 this chapter and, on request, except as otherwise provided in this
16-45 chapter, shall:
16-46 (1) enforce the order that was modified only as to
16-47 amounts accruing before the modification;
16-48 (2) enforce only nonmodifiable aspects of that order;
16-49 (3) provide other appropriate relief only for
16-50 violations of that order that occurred before the effective date of
16-51 the modification; and
16-52 (4) recognize the modifying order of the other state,
16-53 on registration, for the purpose of enforcement.
16-54 SUBCHAPTER G. DETERMINATION OF PARENTAGE
16-55 Sec. 21.47. PROCEEDING TO DETERMINE PARENTAGE. (a) A
16-56 tribunal of this state may serve as an initiating or responding
16-57 tribunal in a proceeding brought under this chapter or a law
16-58 substantially similar to this chapter, the Uniform Reciprocal
16-59 Enforcement of Support Act, or the Revised Uniform Reciprocal
16-60 Enforcement of Support Act to determine that the petitioner is a
16-61 parent of a particular child or to determine that a respondent is a
16-62 parent of that child.
16-63 (b) In a proceeding to determine parentage, a responding
16-64 tribunal of this state shall apply the procedural and substantive
16-65 law of this state and the rules of this state on choice of law.
16-66 SUBCHAPTER H. INTERSTATE RENDITION
16-67 Sec. 21.48. GROUNDS FOR RENDITION. (a) In this subchapter,
16-68 "governor" includes an individual performing the functions of
16-69 governor or the executive authority of a state covered by this
16-70 chapter.
17-1 (b) The governor of this state may:
17-2 (1) demand that the governor of another state
17-3 surrender an individual found in the other state who is charged
17-4 criminally in this state with having failed to provide for the
17-5 support of an obligee; or
17-6 (2) on the demand by the governor of another state,
17-7 surrender an individual found in this state who is charged
17-8 criminally in the other state with having failed to provide for the
17-9 support of an obligee.
17-10 (c) A provision for extradition of individuals not
17-11 inconsistent with this chapter applies to the demand even if the
17-12 individual whose surrender is demanded was not in the demanding
17-13 state when the crime was allegedly committed and has not fled
17-14 therefrom.
17-15 Sec. 21.49. CONDITIONS OF RENDITION. (a) Before making
17-16 demand that the governor of another state surrender an individual
17-17 charged criminally in this state with having failed to provide for
17-18 the support of an obligee, the governor may require a prosecutor of
17-19 this state to demonstrate that at least 60 days previously the
17-20 obligee had initiated proceedings for support pursuant to this
17-21 chapter or that initiating the proceeding would be of no avail.
17-22 (b) If, under this chapter or a law substantially similar to
17-23 this chapter, the Uniform Reciprocal Enforcement of Support Act, or
17-24 the Revised Uniform Reciprocal Enforcement of Support Act, the
17-25 governor of another state makes a demand that the governor of this
17-26 state surrender an individual charged criminally in that state with
17-27 having failed to provide for the support of a child or other
17-28 individual to whom a duty of support is owed, the governor may
17-29 require a prosecutor to investigate the demand and report whether a
17-30 proceeding for support has been initiated or would be effective.
17-31 If it appears that a proceeding would be effective but has not been
17-32 initiated, the governor may delay honoring the demand for a
17-33 reasonable time to permit the initiation of a proceeding.
17-34 (c) If a proceeding for support has been initiated and the
17-35 individual whose rendition is demanded prevails, the governor may
17-36 decline to honor the demand. If the petitioner prevails and the
17-37 individual whose rendition is demanded is subject to a support
17-38 order, the governor may decline to honor the demand if the
17-39 individual is complying with the support order.
17-40 SUBCHAPTER I. MISCELLANEOUS PROVISIONS
17-41 Sec. 21.50. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
17-42 This chapter shall be applied and construed to effectuate its
17-43 general purpose to make uniform the law with respect to the subject
17-44 of this chapter among states enacting it.
17-45 Sec. 21.51. SHORT TITLE. This chapter may be cited as the
17-46 Uniform Interstate Family Support Act.
17-47 Sec. 21.52. SEVERABILITY CLAUSE. If any provision of this
17-48 chapter or its application to any person or circumstance is held
17-49 invalid, the invalidity does not affect other provisions or
17-50 applications of this chapter that can be given effect without the
17-51 invalid provision or application, and to this end the provisions of
17-52 this chapter are severable.
17-53 <Sec. 21.01. PURPOSES. The purposes of this chapter are to
17-54 improve and extend by reciprocal legislation the enforcement of
17-55 duties of support.>
17-56 <Sec. 21.02. DEFINITIONS. In this chapter:>
17-57 <(1) "Court" means the district court of this state or
17-58 any other court authorized to order support for children and, when
17-59 the context requires, means the court of any other state as defined
17-60 in a substantially similar reciprocal law.>
17-61 <(2) "Custody" includes the managing conservatorship
17-62 of a child.>
17-63 <(3) "Duty of support" includes any duty of support
17-64 imposed or imposable by law, including duties imposed by Chapter 12
17-65 or 13 of this code, or by any court order, decree, or judgment,
17-66 whether interlocutory or final, whether incidental to a proceeding
17-67 for divorce, judicial separation, separate maintenance, or
17-68 otherwise, but does not include alimony for a former wife except in
17-69 proceedings brought pursuant to Part D of Title IV of the federal
17-70 Social Security Act (42 U.S.C. Section 651 et seq.), requiring that
18-1 an alimony award is entitled to interstate enforcement if awarded
18-2 to an obligee with whom the absent parent's child is living, and
18-3 only if the support obligation established with respect to the
18-4 child is being enforced.>
18-5 <(4) "Governor" includes any person performing the
18-6 functions of the governor or the executive authority of any state
18-7 covered by this chapter.>
18-8 <(5) "Initiating state" means a state in which a
18-9 proceeding pursuant to this or a substantially similar reciprocal
18-10 law is commenced. "Initiating court" means the court in which a
18-11 proceeding is commenced.>
18-12 <(6) "Law" includes both common and statutory law.>
18-13 <(7) "Obligee" means a person, including a state or
18-14 political subdivision, to whom a duty of support is owed or a
18-15 person, including a state or political subdivision, that has
18-16 commenced a proceeding for enforcement of an alleged duty of
18-17 support or for registration of a support order. It is immaterial
18-18 if the person to whom a duty of support is owed is a recipient of
18-19 public assistance.>
18-20 <(8) "Obligor" means any person owing a duty of
18-21 support or against whom a proceeding for the enforcement of a duty
18-22 of support or registration of a support order is commenced.>
18-23 <(9) "Prosecuting attorney" means the public official
18-24 in the appropriate place who has the duty to enforce criminal laws
18-25 relating to the failure to provide for the support of any person,
18-26 or an attorney designated by the court, by a county attorney, by
18-27 any local child support enforcement office, or by the attorney
18-28 general of Texas.>
18-29 <(10) "Register" means to file in the registry of
18-30 foreign support orders.>
18-31 <(11) "Registering court" means any court of this
18-32 state in which a support order of a rendering state is registered.>
18-33 <(12) "Rendering state" means a state in which the
18-34 court has issued a support order for which registration is sought
18-35 or granted in the court of another state.>
18-36 <(13) "Responding state" means a state in which any
18-37 responsive proceeding pursuant to the proceeding in the initiating
18-38 state is commenced. "Responding court" means the court in which
18-39 the responsive proceeding is commenced.>
18-40 <(14) "State" includes a state, territory, or
18-41 possession of the United States, the District of Columbia, the
18-42 Commonwealth of Puerto Rico, and any foreign jurisdiction in which
18-43 this or a substantially similar reciprocal law is in effect.>
18-44 <(15) "Support order" means any judgment, decree, or
18-45 order of support in favor of an obligee whether temporary or final,
18-46 or subject to modification, revocation, or remission, regardless of
18-47 the kind of action or proceeding in which it is entered.>
18-48 <Sec. 21.03. REMEDIES ADDITIONAL TO THOSE NOW EXISTING. The
18-49 remedies herein provided are in addition to and not in substitution
18-50 for any other remedies even though prior orders of support exist in
18-51 this state or any other jurisdiction.>
18-52 <Sec. 21.04. EXTENT OF DUTIES OF SUPPORT. Duties of support
18-53 arising under the law of this state, if applicable under Section
18-54 21.07 of this code, bind the obligor present in this state
18-55 regardless of the presence or residence of the obligee.>
18-56 <SUBCHAPTER B. CRIMINAL ENFORCEMENT>
18-57 <Sec. 21.05. INTERSTATE RENDITION. The governor of this
18-58 state may:>
18-59 <(1) demand of the governor of another state the
18-60 surrender of a person found in that state who is charged criminally
18-61 in this state with failing to provide for the support of any
18-62 person; or>
18-63 <(2) surrender on demand by the governor of another
18-64 state a person found in this state who is charged criminally in
18-65 that state with failing to provide for the support of any person.
18-66 Provisions for extradition of criminals not inconsistent with this
18-67 chapter apply to the demand even if the person whose surrender is
18-68 demanded was not in the demanding state at the time of the
18-69 commission of the crime and has not fled therefrom. The demand,
18-70 the oath, and any proceedings for extradition pursuant to this
19-1 section need not state or show that the person whose surrender is
19-2 demanded has fled from justice or at the time of the commission of
19-3 the crime was in the demanding state.>
19-4 <Sec. 21.06. CONDITIONS OF INTERSTATE RENDITION.
19-5 (a) Before making the demand on the governor of another state for
19-6 the surrender of a person charged criminally in this state with
19-7 failing to provide for the support of a person, the governor of
19-8 this state may require any prosecuting attorney of this state to
19-9 satisfy him that at least 60 days before the date of the demand the
19-10 obligee initiated proceedings for support under this chapter or
19-11 that any proceeding would be of no avail.>
19-12 <(b) If, under a statute substantially similar to this
19-13 chapter, the governor of another state makes a demand on the
19-14 governor of this state for the surrender of a person charged
19-15 criminally in that state with failure to provide for the support of
19-16 a person, the governor may require any prosecuting attorney to
19-17 investigate the demand and to report to him whether proceedings for
19-18 support have been initiated or would be effective. If it appears
19-19 to the governor that a proceeding would be effective but has not
19-20 been initiated, he may delay honoring the demand for a reasonable
19-21 time to permit the initiation of a proceeding.>
19-22 <(c) If proceedings have been initiated and the person
19-23 demanded has prevailed in the proceedings, the governor may decline
19-24 to honor the demand. If the obligee prevailed and the person
19-25 demanded is subject to a support order, the governor may decline to
19-26 honor the demand if the person demanded is complying with the
19-27 support order.>
19-28 <SUBCHAPTER C. CIVIL ENFORCEMENT>
19-29 <Sec. 21.07. CHOICE OF LAW. Duties of support applicable
19-30 under this chapter are those imposed or imposable under the laws of
19-31 any state where the obligor was present during the period for which
19-32 support is sought; but does not include alimony for a former wife
19-33 except in proceedings brought pursuant to Part D of Title IV of the
19-34 federal Social Security Act (42 U.S.C. Section 651 et seq.),
19-35 requiring that an alimony award is entitled to interstate
19-36 enforcement if awarded to an obligee with whom the absent parent's
19-37 child is living, and only if the support obligation established
19-38 with respect to the child is being enforced. The obligor is
19-39 presumed to have been present in the responding state during the
19-40 period for which support is sought until otherwise shown.>
19-41 <Sec. 21.08. REMEDIES OF STATE OR POLITICAL SUBDIVISION
19-42 FURNISHING SUPPORT. If a state or a political subdivision
19-43 furnishes support to an individual obligee, it has the same right
19-44 to initiate a proceeding under this chapter as the individual
19-45 obligee for the purpose of securing reimbursement for support
19-46 furnished and of obtaining continuing support.>
19-47 <Sec. 21.09. HOW DUTIES OF SUPPORT ENFORCED. All duties of
19-48 support, including the duty to pay arrearages, are enforceable by a
19-49 proceeding under this chapter, including a proceeding for civil
19-50 contempt. The defense that the parties are immune to suit because
19-51 of their relationship as husband and wife or parent and child is
19-52 not available to the obligor.>
19-53 <Sec. 21.10. JURISDICTION. Jurisdiction of any proceeding
19-54 under this chapter is vested in the district court and any other
19-55 court authorized to order support for children.>
19-56 <Sec. 21.11. CONTENTS AND FILING OF PETITION FOR SUPPORT;
19-57 VENUE. (a) The petition shall be verified and shall state the
19-58 name and, so far as known to the obligee, the address, social
19-59 security number, circumstances of the obligor and the persons for
19-60 whom support is sought, and all other pertinent information. The
19-61 obligee may include in or attach to the petition any information
19-62 that may help in locating or identifying the obligor, including a
19-63 photograph of the obligor, a description of any distinguishing
19-64 marks on his person, other names and aliases by which he has been
19-65 or is known, the name of his employer, his fingerprints, and his
19-66 social security number.>
19-67 <(b) The petition may be filed in the appropriate court of
19-68 any state in which the obligee resides. The court shall not
19-69 decline or refuse to accept and forward the petition on the ground
19-70 that it should be filed with some other court of this or any other
20-1 state where there is pending another action for divorce,
20-2 separation, annulment, dissolution, habeas corpus, adoption, or
20-3 custody between the same parties or where another court has already
20-4 issued a support order in some other proceeding and has retained
20-5 jurisdiction for its enforcement.>
20-6 <(c) Venue for initiating cases under this chapter is in the
20-7 county of the residence of the minor child for whom child support
20-8 is sought. Venue for all responding cases under this chapter is in
20-9 the county of residence of the obligor.>
20-10 <Sec. 21.12. OFFICIALS TO REPRESENT OBLIGEE. If this state
20-11 is acting as an initiating state, a prosecuting attorney shall
20-12 represent the obligee in any proceeding under this chapter. If a
20-13 prosecuting attorney neglects or refuses to represent the obligee,
20-14 the attorney general may undertake the representation.>
20-15 <Sec. 21.13. PETITION FOR MINOR. A petition on behalf of a
20-16 minor obligee may be executed and filed by a person having legal
20-17 custody of the minor without appointment as guardian ad litem.>
20-18 <Sec. 21.14. DUTY OF INITIATING COURT. If the initiating
20-19 court finds that the petition sets forth facts from which it may be
20-20 determined that the obligor owes a duty of support and that a court
20-21 of the responding state may obtain jurisdiction of the obligor or
20-22 his property, it shall so certify and cause three copies of the
20-23 petition and its certificate and one copy of this chapter to be
20-24 sent to the responding court. Certification shall be in accordance
20-25 with the requirements of the initiating state. If the name and
20-26 address of the responding court are unknown and the responding
20-27 state has an information agency comparable to that established in
20-28 the initiating state, it shall cause the copies to be sent to the
20-29 state information agency or other proper official of the responding
20-30 state, with a request that the agency or official forward them to
20-31 the proper court and that the court of the responding state
20-32 acknowledge their receipt to the initiating court.>
20-33 <Sec. 21.15. COSTS AND FEES. An initiating court may
20-34 require payment of either a filing fee or other costs from the
20-35 obligee and may request the responding court to collect fees and
20-36 costs from the obligor. The clerk of the responding court may
20-37 require payment of a filing fee or other costs from the obligee.
20-38 At the conclusion of the action or proceeding, the responding court
20-39 may direct that all fees and costs requested by the initiating
20-40 court and incurred in this state when acting as a responding state,
20-41 including fees for filing of pleadings, service of process, seizure
20-42 of property, stenographic or duplication service, or other service
20-43 supplied to the obligor, and a reasonable fee to an attorney or the
20-44 prosecuting attorney's office that represents the obligee, be paid
20-45 in whole or in part by the obligor.>
20-46 <Sec. 21.16. JURISDICTION BY ARREST. If the court of this
20-47 state believes that the obligor may flee, it may:>
20-48 <(1) as an initiating court, request in its
20-49 certificate that the responding court obtain the body of the
20-50 obligor by appropriate process; or>
20-51 <(2) as a responding court, obtain the body of the
20-52 obligor by appropriate process. On obtaining the body of the
20-53 obligor it may release him on his own recognizance or on his giving
20-54 a bond in an amount set by the court to assure his appearance at
20-55 the hearing.>
20-56 <Sec. 21.17. STATE INFORMATION AGENCY. The attorney
20-57 general's office is designated as the state information agency
20-58 under this chapter, and it shall:>
20-59 <(1) compile a list of the courts and their addresses
20-60 in this state having jurisdiction under this chapter and transmit
20-61 it to the state information agency of every other state that has
20-62 adopted this or a substantially similar statute, and on the
20-63 adjournment of each session of the legislature the agency shall
20-64 distribute copies of any amendments to this chapter and a statement
20-65 of their effective dates to all other state information agencies;>
20-66 <(2) maintain a register of lists of courts received
20-67 from other states and transmit copies thereof promptly to every
20-68 court in this state having jurisdiction under this chapter; and>
20-69 <(3) forward to the court in this state that has
20-70 jurisdiction over the obligor or his property petitions,
21-1 certificates, and copies of the statute it receives from courts or
21-2 information agencies of other states.>
21-3 <Sec. 21.18. DUTY OF COURT AND OFFICIALS OF THIS STATE AS
21-4 RESPONDING STATE. (a) After the responding court receives copies
21-5 of the petition, certificate, and statute from the initiating
21-6 court, the clerk of the court shall docket the case and notify the
21-7 prosecuting attorney of his action.>
21-8 <(b) The prosecuting attorney shall prosecute the case
21-9 diligently. He shall take all action necessary in accordance with
21-10 the laws of this state to enable the court to obtain jurisdiction
21-11 over the obligor or his property and shall request the clerk of the
21-12 court to set a time and place for a hearing and give notice of the
21-13 hearing to the obligor in accordance with the law.>
21-14 <(c) If the prosecuting attorney neglects or refuses to
21-15 represent the obligee, the attorney general may undertake the
21-16 representation.>
21-17 <Sec. 21.19. FURTHER DUTIES OF COURT AND OFFICIALS IN
21-18 RESPONDING STATE. (a) The prosecuting attorney on his own
21-19 initiative shall use all means at his disposal to locate the
21-20 obligor or his property, and if because of inaccuracies in the
21-21 petition or otherwise the court cannot obtain jurisdiction, the
21-22 prosecuting attorney shall inform the court of what he has done and
21-23 request the court to continue the case pending receipt of more
21-24 accurate information or an amended petition from the initiating
21-25 court.>
21-26 <(b) If the obligor or his property is not found in the
21-27 county and the prosecuting attorney discovers that the obligor or
21-28 his property may be found in another county of this state or in
21-29 another state, he shall so inform the court. Thereupon the clerk
21-30 of the court shall forward the documents received from the court in
21-31 the initiating state to a court in the other county or to a court
21-32 in the other state or to the information agency or other proper
21-33 official of the other state with a request that the documents be
21-34 forwarded to the proper court. All powers and duties provided by
21-35 this chapter apply to the recipient of the documents so forwarded.
21-36 If the clerk of a court of this state forwards documents to another
21-37 court, he shall forthwith notify the initiating court.>
21-38 <(c) If the prosecuting attorney has no information as to
21-39 the location of the obligor or his property, he shall so inform the
21-40 initiating court.>
21-41 <Sec. 21.20. HEARING AND CONTINUANCE. If the obligee is not
21-42 present at the hearing and the obligor denies owing the duty of
21-43 support alleged in the petition or offers evidence constituting a
21-44 defense, the court, on request of either party, shall continue the
21-45 hearing to permit evidence relative to the duty to be adduced by
21-46 either party by deposition, by appearing in person before the
21-47 court, or as otherwise provided in this chapter. The court may
21-48 designate the judge of the initiating court as a person before whom
21-49 a deposition may be taken.>
21-50 <Sec. 21.21. IMMUNITY FROM CRIMINAL PROSECUTION. If at the
21-51 hearing the obligor is called for examination as an adverse party
21-52 and he declines to answer on the ground that his testimony may tend
21-53 to incriminate him, the court may require him to answer, in which
21-54 event he is immune from criminal prosecution with respect to
21-55 matters revealed by his testimony, except for perjury committed in
21-56 this testimony.>
21-57 <Sec. 21.22. EVIDENCE OF HUSBAND AND WIFE. Laws attaching a
21-58 privilege against the disclosure of communications between husband
21-59 and wife or between former spouses are inapplicable to proceedings
21-60 under this chapter. Husband and wife or former spouses are
21-61 competent witnesses and may be compelled to testify to any relevant
21-62 matter, including marriage, parentage, and the ability to
21-63 contribute support. The testimony may be used as the sole basis
21-64 for the entry of an order.>
21-65 <Sec. 21.23. RULES OF EVIDENCE. In any hearing for the
21-66 civil enforcement of this chapter the court is governed by the
21-67 rules of evidence applicable in a civil court action in the
21-68 district court. If the action is based on a support order issued
21-69 by another court, a certified copy of the order shall be admitted
21-70 as prima facie evidence that the duty of support exists, subject
22-1 only to any defenses available with respect to a denial of
22-2 paternity or in an action or a proceeding to enforce a foreign
22-3 money judgment. The determination or enforcement of a duty of
22-4 support shall not be affected by any interference with rights of
22-5 custody or visitation granted by a court. In a contested case, it
22-6 is presumed:>
22-7 <(1) that the obligor and the obligee have an equal
22-8 duty of support; or>
22-9 <(2) if there is a prior support order, that the most
22-10 recent order correctly designates the current amount of support and
22-11 duty of support.>
22-12 <Sec. 21.24. ORDER OF SUPPORT. If the responding court
22-13 finds a duty of support, it may order the obligor to furnish
22-14 support or reimbursement for support and subject the property of
22-15 the obligor to the order. Support orders made pursuant to this
22-16 chapter shall require that payments be made to the designated
22-17 agency for collecting of child support in the court of the
22-18 responding state. In any proceeding brought under Part D of Title
22-19 IV of the federal Social Security Act (42 U.S.C. Section 651 et
22-20 seq.), the court shall order that all child support payments be
22-21 paid to the attorney general of Texas. The court and prosecuting
22-22 attorney of any county in which the obligor is present or has
22-23 property have the same powers and duties to enforce the order as
22-24 have those of the county in which it was first issued. If
22-25 enforcement is impossible or cannot be completed in the county in
22-26 which the order was issued, the prosecuting attorney shall send a
22-27 certified copy of the order to the prosecuting attorney of any
22-28 county in which it appears that proceedings to enforce the order
22-29 would be effective. The prosecuting attorney to whom the certified
22-30 copy of the order is forwarded shall proceed with enforcement and
22-31 report the results of the proceedings to the court first issuing
22-32 the order.>
22-33 <Sec. 21.25. RESPONDING COURT TO TRANSMIT COPIES TO
22-34 INITIATING COURT. The responding court shall cause a copy of all
22-35 support orders to be sent to the initiating court.>
22-36 <Sec. 21.26. ADDITIONAL POWERS OF RESPONDING COURT. In
22-37 addition to the foregoing powers a responding court may subject the
22-38 obligor to any terms and conditions proper to assure compliance
22-39 with its orders and in particular:>
22-40 <(1) to require the obligor to furnish a cash deposit
22-41 or a bond of a character and amount to assure payment of any amount
22-42 due as provided in Section 14.42(a) of this code;>
22-43 <(2) to require the obligor to report personally and
22-44 to make payments at specified intervals to the district clerk or
22-45 probation department of the court;>
22-46 <(3) to punish under the power of contempt the obligor
22-47 who violates any order of the court;>
22-48 <(4) to order the obligor to pay as court costs a
22-49 reasonable fee to any attorney or to the prosecuting attorney's
22-50 office who represents the petitioner in any enforcement proceeding;
22-51 and>
22-52 <(5) to order withholding from earnings for child
22-53 support, as provided in Sections 14.43, 14.44, and 14.45 of this
22-54 code.>
22-55 <Sec. 21.27. PATERNITY. If the obligor asserts as a defense
22-56 that he is not the father of the child for whom support is sought
22-57 and it appears to the court that the defense is not frivolous, and
22-58 if both of the parties are present at the hearing or the proof
22-59 required in the case indicates that the presence of either or both
22-60 of the parties is not necessary, the court may adjudicate the
22-61 paternity issue. Otherwise the court may adjourn the hearing until
22-62 the paternity issue has been adjudicated.>
22-63 <Sec. 21.28. ADDITIONAL DUTIES OF RESPONDING COURT. A
22-64 responding court has the following duties, which may be carried out
22-65 through the district clerk, the probation department of the court,
22-66 the designated agency for collecting child support, or the attorney
22-67 general:>
22-68 <(1) to transmit to the initiating court any payment
22-69 made by the obligor pursuant to any order of the court or
22-70 otherwise; and>
23-1 <(2) to furnish to the initiating court on request a
23-2 certified statement of all payments made by the obligor.>
23-3 <Sec. 21.29. ADDITIONAL DUTY OF INITIATING COURT. An
23-4 initiating court shall receive and disburse forthwith all payments
23-5 made by the obligor or sent by the responding court. This duty may
23-6 be carried out through the district clerk, the probation department
23-7 of the court, the designated agency for collecting child support,
23-8 or the attorney general.>
23-9 <Sec. 21.30. PROCEEDINGS NOT TO BE STAYED. A responding
23-10 court shall not stay the proceeding or refuse a hearing under this
23-11 chapter because of any pending or prior action or proceeding for
23-12 divorce, separation, annulment, dissolution, habeas corpus,
23-13 adoption, or custody in this or any other state. The court shall
23-14 hold a hearing and may issue a support order pendente lite. In aid
23-15 of an order it may require the obligor to give a bond for the
23-16 prompt prosecution of the pending proceeding. If the other action
23-17 or proceeding is concluded before the hearing in the instant
23-18 proceeding and the judgment in the proceeding provides for the
23-19 support demanded in the petition being heard, the court must
23-20 conform its support order to the amount allowed in the other action
23-21 or proceeding. After doing so the court shall not stay enforcement
23-22 of its support order because of the retention of jurisdiction for
23-23 enforcement purposes by the court in the other action or
23-24 proceeding.>
23-25 <Sec. 21.31. APPLICATION OF PAYMENTS. A support order made
23-26 by a court of this state pursuant to this chapter does not nullify
23-27 and is not nullified by a support order made by a court of this
23-28 state pursuant to any other law or by a support order made by a
23-29 court of any other state pursuant to a substantially similar act or
23-30 any other law, regardless of priority of issuance, unless otherwise
23-31 specifically provided by the court. Amounts paid for a particular
23-32 period pursuant to any support order made by the court of another
23-33 state shall be credited against the amount accruing or accrued for
23-34 the same period under any support order made by the court of this
23-35 state.>
23-36 <Sec. 21.32. EFFECT OF PARTICIPATION IN PROCEEDING.
23-37 Participation in any proceeding under this chapter does not confer
23-38 jurisdiction on any court over any of the parties to the proceeding
23-39 in any other proceeding.>
23-40 <Sec. 21.33. INTRASTATE APPLICATION. This chapter applies
23-41 if both the obligee and the obligor are in this state but in
23-42 different judicial districts. If the court of the district in
23-43 which the petition is filed finds that the petition sets forth
23-44 facts from which it may be determined that the obligor owes a duty
23-45 of support and finds that a court of another district in this state
23-46 may obtain jurisdiction over the obligor or his property, the clerk
23-47 of the court shall send the petition and a certification of the
23-48 findings to the court of the district in which the obligor or his
23-49 property is found. The clerk of the court of the district
23-50 receiving these documents shall notify the prosecuting attorney of
23-51 their receipt. The prosecuting attorney and the court in the
23-52 district to which the copies are forwarded then shall have duties
23-53 corresponding to those imposed on them when acting for this state
23-54 as a responding state.>
23-55 <Sec. 21.34. APPEALS. If the prosecuting attorney is of the
23-56 opinion that the support order is erroneous and presents a question
23-57 of law warranting an appeal in the public interest, he may:>
23-58 <(1) perfect an appeal to the proper appellate court
23-59 if the support order was issued by a court of this state; or>
23-60 <(2) if the support order was issued in another state,
23-61 cause the appeal to be taken in the other state. In either case
23-62 expenses of appeal may be paid on his order from funds appropriated
23-63 for his office.>
23-64 <SUBCHAPTER D. REGISTRATION OF FOREIGN SUPPORT ORDERS>
23-65 <Sec. 21.35. ADDITIONAL REMEDIES. If the duty of support is
23-66 based on a foreign support order, the obligee has the additional
23-67 remedies provided in the following sections.>
23-68 <Sec. 21.36. REGISTRATION. The obligee may register the
23-69 foreign support order in a court of this state in the manner, with
23-70 the effect, and for the purposes herein provided.>
24-1 <Sec. 21.37. REGISTRY OF FOREIGN SUPPORT ORDERS. The clerk
24-2 of the court shall maintain a registry of foreign support orders in
24-3 which he shall file foreign support orders.>
24-4 <Sec. 21.38. OFFICIAL TO REPRESENT OBLIGEE. If this state
24-5 is acting either as a rendering or a registering state, on the
24-6 request of the court the prosecuting attorney shall represent the
24-7 obligee in proceedings under this part of this subchapter.>
24-8 <Sec. 21.39. REGISTRATION PROCEDURE; NOTICE. (a) An
24-9 obligee seeking to register a foreign support order in a court of
24-10 this state shall transmit to the prosecuting attorney three
24-11 certified copies of the order with all modifications; one copy of
24-12 the reciprocal enforcement of support act of the state in which the
24-13 order was made; and a statement verified and signed by the obligee,
24-14 showing the post office address of the obligee, the last known
24-15 place of residence and post office address of the obligor, the
24-16 amount of support remaining unpaid, a description and the location
24-17 of any property of the obligor available on execution, and a list
24-18 of the states in which the order is registered. On receipt of
24-19 these documents, the prosecuting attorney shall transmit them to
24-20 the clerk of the court who shall file them in the registry of
24-21 foreign support orders. The filing constitutes registration under
24-22 this chapter.>
24-23 <(b) Promptly on registration the clerk of the court shall
24-24 send by certified or registered mail to the obligor at the address
24-25 given a notice of the registration with a copy of the registered
24-26 support order and the post office address of the obligee. He shall
24-27 endorse on the registered support order a file number, the day on
24-28 which it was filed, and the time of filing, shall sign his name
24-29 officially thereto, and notify the prosecuting attorney of his
24-30 action. The prosecuting attorney shall proceed diligently to
24-31 enforce the order.>
24-32 <Sec. 21.40. EFFECT OF REGISTRATION; ENFORCEMENT PROCEDURE.
24-33 (a) On registration the registered foreign support order shall be
24-34 treated in the same manner as a support order issued by a court of
24-35 this state. It has the same effect and is subject to the same
24-36 procedures, defenses, and proceedings for reopening, vacating, or
24-37 staying as a support order of this state and may be enforced and
24-38 satisfied in like manner.>
24-39 <(b) The obligor has 20 days after the mailing of notice of
24-40 the registration in which to petition the court to vacate the
24-41 registration or for other relief. If he does not so petition, the
24-42 registered support order is confirmed.>
24-43 <(c) At the hearing to enforce the registered support order
24-44 the obligor may present only matters that would be available to him
24-45 as defenses in an action to enforce a foreign money judgment. If
24-46 he shows to the court that an appeal from the order is pending or
24-47 will be taken or that a stay of execution has been granted, the
24-48 court shall stay enforcement of the order until the appeal is
24-49 concluded, the time for appeal has expired, or the order is
24-50 vacated, on satisfactory proof that the obligor has furnished
24-51 security for payment of the support ordered as required by the
24-52 rendering state. If he shows to the court any ground on which
24-53 enforcement of a support order of this state may be stayed, the
24-54 court shall stay enforcement of the order for an appropriate period
24-55 if the obligor furnishes the same security for payment of the
24-56 support ordered that is required for a support order of this state.>
24-57 <Sec. 21.41. UNIFORMITY OF INTERPRETATION. This chapter
24-58 shall be so construed as to effect its general purpose to make
24-59 uniform the law of those states that enact it or a substantially
24-60 similar statute.>
24-61 <Sec. 21.42. SHORT TITLE. This chapter may be cited as the
24-62 Revised Uniform Reciprocal Enforcement of Support Act.>
24-63 <Sec. 21.43. SEVERABILITY. If any provision of this chapter
24-64 or the application thereof to any person or circumstance is held
24-65 invalid, the invalidity does not affect other provisions or
24-66 applications of the chapter that can be given effect without the
24-67 invalid provision or application, and to this end the provisions of
24-68 this chapter are severable.>
24-69 SECTION 2. Sections 11.05(a), (f), and (g), Family Code, are
24-70 amended to read as follows:
25-1 (a) Except as otherwise provided by this section, by
25-2 Sections <Section> 11.06, 11.061, or 17.05 of this code, or by
25-3 Subchapter B of this chapter (Uniform Child Custody Jurisdiction
25-4 Act), when a court acquires jurisdiction of a suit affecting the
25-5 parent-child relationship, that court retains continuing, exclusive
25-6 jurisdiction of all parties and matters provided for under this
25-7 subtitle in connection with the child. No other court of this
25-8 state has jurisdiction of a suit affecting the parent-child
25-9 relationship with regard to that child except on transfer as
25-10 provided in Sections <Section> 11.06, 11.061, or 17.06 of this
25-11 code.
25-12 (f) A court acquires jurisdiction of a suit affecting the
25-13 parent-child relationship without a transfer under Sections
25-14 <Section> 11.06 or 11.061 of this code, even though another court
25-15 has continuing jurisdiction over the child, if the parents of the
25-16 child have remarried each other after the dissolution of a previous
25-17 marriage between the parents and file in the court acquiring
25-18 jurisdiction a suit for the dissolution of their subsequent
25-19 marriage combined with a suit affecting the parent-child
25-20 relationship concerning the child.
25-21 (g) Except as provided by this section or Subsection (d) of
25-22 Section 11.53 of this code, a court may exercise its continuing,
25-23 exclusive jurisdiction to modify all aspects of its decree,
25-24 including managing conservatorship, possessory conservatorship,
25-25 possession of and access to the child and support of the child. A
25-26 court of this state may not exercise its continuing jurisdiction to
25-27 modify any part of a decree if the child and all parties have
25-28 established and continue to maintain their principal residence or
25-29 home state outside this state or if each individual party has filed
25-30 written consent with the tribunal of this state for a tribunal of
25-31 another state to modify the order and assume continuing, exclusive
25-32 jurisdiction. This subsection does not affect the power of the
25-33 court to enforce and enter a judgment on its decree.
25-34 SECTION 3. Section 11.051, Family Code, is amended to read
25-35 as follows:
25-36 Sec. 11.051. ACQUIRING JURISDICTION OVER NONRESIDENT. In a
25-37 suit affecting the parent-child relationship, the court may
25-38 exercise status or subject matter jurisdiction over the suit as
25-39 provided by Subchapter B of this chapter. The court may also
25-40 exercise personal jurisdiction over a person on whom service of
25-41 citation is required or over the person's personal representative,
25-42 although the person is not a resident or domiciliary of this state,
25-43 if:
25-44 (1) the <child was conceived in this state when at
25-45 least one biological parent was a resident of this state and the>
25-46 person <on whom service> is personally served with citation in this
25-47 state <required is a parent or an alleged or probable father of
25-48 the child>;
25-49 (2) the person submits to the jurisdiction of this
25-50 state by consent, by entering a general appearance, or by filing a
25-51 responsive document having the effect of waiving any contest to
25-52 personal jurisdiction;
25-53 (3) <(2)> the child resides in this state as a result
25-54 of the acts or directives <or with the approval> of the person <on
25-55 whom service is required>;
25-56 (4) <(3)> the person <on whom service is required has>
25-57 resided with the child in this state; <or>
25-58 (5) the person resided in this state and provided
25-59 prenatal expenses or support for the child;
25-60 (6) the person engaged in sexual intercourse in this
25-61 state and the child may have been conceived by that act of
25-62 intercourse; or
25-63 (7) <(4)> there is any basis consistent with the
25-64 constitutions of this state and the United States for the exercise
25-65 of the personal jurisdiction.
25-66 SECTION 4. Subchapter A, Chapter 11, Family Code, is amended
25-67 by adding Section 11.061 to read as follows:
25-68 Sec. 11.061. TRANSFER OF PROCEEDINGS WITHIN THE STATE WHEN
25-69 PARTY OR CHILD RESIDES OUTSIDE THE STATE. (a) If one party is a
25-70 resident of this state and one or more of the other parties and the
26-1 child or all of the children affected by the proceedings reside
26-2 outside this state and if the action is filed in a county other
26-3 than the county of residence of the resident party, the court shall
26-4 transfer the proceeding to the county of residence of the resident
26-5 party.
26-6 (b) If one or more of the parties affected by the
26-7 proceedings reside outside this state and if more than one party or
26-8 one or more children affected by the proceeding reside in this
26-9 state in different counties, the court shall transfer the
26-10 proceeding according to the following priorities:
26-11 (1) to the court of continuing, exclusive
26-12 jurisdiction, if any;
26-13 (2) to the county of residence of the child, if
26-14 applicable, provided that:
26-15 (A) Subdivision (1) is inapplicable; or
26-16 (B) the court of continuing, exclusive
26-17 jurisdiction finds that neither a party nor a child affected by the
26-18 proceeding resides in the county of the court of continuing
26-19 jurisdiction; or
26-20 (3) if Subdivisions (1) and (2) are inapplicable, to
26-21 the county most appropriate to serve the convenience of the
26-22 resident parties and the witnesses and the interest of justice.
26-23 (c) The procedures for determining and effectuating a
26-24 transfer of proceedings under this section shall be identical to
26-25 the procedures established in Section 11.06 of this code.
26-26 SECTION 5. Section 11.155(f), Family Code, is amended to
26-27 read as follows:
26-28 (f) The clerk of the court shall maintain a file of any
26-29 information provided by a party under this section and shall,
26-30 unless otherwise ordered by the court, provide the information on
26-31 request, without charge, to a party, the attorney general, a
26-32 domestic relations office, a child support collection office, or
26-33 any other person designated to prosecute actions under the
26-34 <Revised> Uniform Interstate Family <Reciprocal Enforcement of>
26-35 Support Act (Chapter 21 of this code) or to enforce an order
26-36 providing for child support or possession of or access to a child.
26-37 SECTION 6. Section 14.052(a), Family Code, is amended to
26-38 read as follows:
26-39 (a) Purpose. The guidelines for the support of a child in
26-40 this chapter are intended to guide the courts in determining
26-41 equitable amounts of child support in any suit affecting the
26-42 parent-child relationship, including without limitation actions
26-43 involving divorce, modification, and paternity, and in any
26-44 proceeding brought under the Uniform Interstate Family Support Act
26-45 (Chapter 21 of this code) <a reciprocal support act>.
26-46 SECTION 7. Section 14.057, Family Code, is amended to read
26-47 as follows:
26-48 Sec. 14.057. Findings in Child Support Order. (a) Without
26-49 regard to Rules 296 through 299, Texas Rules of Civil Procedure, in
26-50 any suit affecting the parent-child relationship or proceeding
26-51 under the Uniform Interstate Family Support Act (Chapter 21 of this
26-52 code) <reciprocal child support action> in which child support is
26-53 contested and the amount of the order is set by the court, on
26-54 written request made or filed with the court not later than 10 days
26-55 after the date of the hearing or an oral request made in open court
26-56 during the hearing, the court shall state the following in the
26-57 child support order:
26-58 "(1) the amount of net resources available to the
26-59 obligor per month is $________;
26-60 "(2) the amount of net resources available to the
26-61 obligee per month is $________;
26-62 "(3) the amount of child support payments per month
26-63 that is computed if Section 14.055, Family Code, is applied is
26-64 $_______;
26-65 "(4) the percentage applied to the obligor's net
26-66 resources for child support by the actual order rendered by the
26-67 court is _______%; and, if applicable,
26-68 "(5) the specific reasons that the amount of support
26-69 per month ordered by the court varies from the amount computed by
26-70 applying the percentage guidelines pursuant to Section 14.055,
27-1 Family Code, are:_________."
27-2 (b) In any suit affecting the parent-child relationship or
27-3 proceeding under the Uniform Interstate Family Support Act (Chapter
27-4 21 of this code) <reciprocal child support action> in which the
27-5 amount of child support ordered by the court varies from the amount
27-6 computed by applying the percentage guidelines contained in Section
27-7 14.055 of this code, the court shall find that the application of
27-8 the child support guidelines would be unjust or inappropriate and
27-9 shall state the following in the child support order:
27-10 "(1) the amount of net resources available to the
27-11 obligor per month is $________;
27-12 "(2) the amount of net resources available to the
27-13 obligee per month is $________;
27-14 "(3) the amount of child support payments per month
27-15 that is computed if Section 14.055, Family Code, is applied is
27-16 $________;
27-17 "(4) the percentage applied to the obligor's net
27-18 resources for child support by the actual order rendered by the
27-19 court is _______%; and
27-20 "(5) the specific reasons that the amount of support
27-21 per month ordered by the court varies from the amount computed by
27-22 applying the percentage guidelines pursuant to Section 14.055,
27-23 Family Code, are:_________."
27-24 SECTION 8. Section 14.061(a), Family Code, is amended to
27-25 read as follows:
27-26 (a) In any suit affecting the parent-child relationship or
27-27 proceeding under the Uniform Interstate Family Support Act (Chapter
27-28 21 of this code) <reciprocal child support action under Chapter 21
27-29 of this code>, a court shall order that health insurance be
27-30 provided for the child. The court shall consider the cost and
27-31 quality of health insurance coverage available to the parties and
27-32 shall give priority to health insurance coverage supplied by an
27-33 employer of one of the parties.
27-34 SECTION 9. Section 14.30(c), Family Code, is amended to read
27-35 as follows:
27-36 (c) Venue and Transfer. Venue for proceedings brought under
27-37 this subchapter shall be as provided in Section 11.04 of this code
27-38 or, when applicable, according to the transfer provisions of
27-39 Sections <Section> 11.06 or 11.061 of this code.
27-40 SECTION 10. Section 14.313(b), Family Code, is amended to
27-41 read as follows:
27-42 (b) Claims. Claims that may be joined include proceedings
27-43 to:
27-44 (1) enforce a child support order by contempt under
27-45 Section 14.40 of this code;
27-46 (2) reduce child support arrearages to judgment under
27-47 Section 14.41 of this code;
27-48 (3) require a person obligated to support a child to
27-49 furnish bond or other security under Section 14.42 of this code;
27-50 (4) require withholding from earnings under Section
27-51 14.43 or Subchapter C of this chapter;
27-52 (5) enforce a right of possession of or access to a
27-53 child by contempt under Section 14.50 of this code;
27-54 (6) require a person to furnish bond or other security
27-55 to ensure compliance with a court order for possession of or access
27-56 to a child under Section 14.51 of this code;
27-57 (7) transfer the proceeding because venue is improper
27-58 under Sections <Section> 11.06 or 11.061 of this code;
27-59 (8) petition for further action concerning a child
27-60 under Section 11.07 of this code;
27-61 (9) modify an existing order or decree under Section
27-62 14.08 of this code;
27-63 (10) petition for a writ of habeas corpus under
27-64 Section 14.10 of this code;
27-65 (11) recover damages under Chapter 36 of this code;
27-66 (12) initiate procedures for withholding child support
27-67 from earnings without the necessity of further action by the court
27-68 under Sections 14.44 and 14.45 of this code; and
27-69 (13) recover under the Uniform Interstate Family
27-70 Support Act (Chapter 21 of this code) <any reciprocal enforcement
28-1 of support act or interstate income withholding act> whether as
28-2 issuing <rendering> or responding state.
28-3 SECTION 11. Section 14.44(h), Family Code, is amended to
28-4 read as follows:
28-5 (h) Interstate Requests for Income Withholding. In a
28-6 proceeding initiated under Part D of Title IV of the federal Social
28-7 Security Act (42 U.S.C. Section 651 et seq.), the registration of a
28-8 foreign support order under the Uniform Interstate Family Support
28-9 Act (Chapter 21 of this code) is sufficient for the filing of a
28-10 notice of delinquency under this section. The notice shall be
28-11 filed with the clerk of the court having venue under <Chapter 21
28-12 of> this code. Notice of delinquency as provided in this section
28-13 may be delivered to the obligor at the same time that an order is
28-14 filed for registration under Chapter 21 of this code.
28-15 SECTION 12. Subchapter C, Chapter 14, Family Code, is
28-16 repealed.
28-17 SECTION 13. Section 14.873, Family Code, is amended to read
28-18 as follows:
28-19 Sec. 14.873. Enforcement of Existing Court Order for Child
28-20 Support. If a court order for child support has been issued by a
28-21 court, a child support agency may:
28-22 (1) commence enforcement proceedings under Subchapter
28-23 B of this chapter;
28-24 (2) commence an action to confirm a child support
28-25 arrearage and to obtain a judgment for past-due child support
28-26 payments as provided by Section 14.41 of this code;
28-27 (3) petition the court to require a person obligated
28-28 to support a child to furnish a bond or other security under
28-29 Section 14.42 of this code;
28-30 (4) petition the court to require withholding from
28-31 earnings under Section 14.43 or Subchapter C of this chapter; or
28-32 (5) recover under the Uniform Interstate Family
28-33 Support Act (Chapter 21 of this code) <any reciprocal enforcement
28-34 or support act or interstate income withholding act>.
28-35 SECTION 14. Section 14.91(d), Family Code, is amended to
28-36 read as follows:
28-37 (d) In the appointment of a friend of the court, the court
28-38 shall give preference to:
28-39 (1) a local domestic relations office;
28-40 (2) a local child support collection office;
28-41 (3) the local court official designated to enforce
28-42 actions under the <Revised> Uniform Interstate Family <Reciprocal
28-43 Enforcement of> Support Act (Chapter 21 of this code); or
28-44 (4) an attorney in good standing with the State Bar of
28-45 Texas.
28-46 SECTION 15. Section 17.05, Family Code, is amended to read
28-47 as follows:
28-48 Sec. 17.05. Jurisdiction of Chapter 17 Proceedings. (a) A
28-49 suit affecting the parent-child relationship brought by a
28-50 governmental entity seeking conservatorship or termination and a
28-51 temporary restraining order or attachment of a child under this
28-52 chapter may be filed in any court with jurisdiction to hear suits
28-53 affecting the parent-child relationship in the county in which the
28-54 child is found.
28-55 (b) Immediately after the issuance of such temporary orders
28-56 as are necessary for the protection of the child pending a final
28-57 hearing, a governmental entity shall determine the court of
28-58 continuing jurisdiction and shall institute any transfers as are
28-59 necessary under Section 17.06, <or> 11.06, or 11.061 of this code.
28-60 SECTION 16. This Act takes effect September 1, 1993, and
28-61 applies only to an order, decree, or judgment entered on or after
28-62 that date.
28-63 SECTION 17. The importance of this legislation and the
28-64 crowded condition of the calendars in both houses create an
28-65 emergency and an imperative public necessity that the
28-66 constitutional rule requiring bills to be read on three several
28-67 days in each house be suspended, and this rule is hereby suspended.
28-68 * * * * *
28-69 Austin,
28-70 Texas
29-1 May 18, 1993
29-2 Hon. Bob Bullock
29-3 President of the Senate
29-4 Sir:
29-5 We, your Committee on Jurisprudence to which was referred H.B. No.
29-6 831, have had the same under consideration, and I am instructed to
29-7 report it back to the Senate with the recommendation that it do
29-8 pass, as amended, and be printed.
29-9 Henderson,
29-10 Chairman
29-11 * * * * *
29-12 WITNESSES
29-13 FOR AGAINST ON
29-14 ___________________________________________________________________
29-15 Name: John J. Sampson x
29-16 Representing: Nat'l Conference Commissioners
29-17 City: Austin
29-18 -------------------------------------------------------------------
29-19 Name: Howard Baldwin x
29-20 Representing: Atty Gen.
29-21 City: Austin
29-22 -------------------------------------------------------------------