By Goodman                                       H.B. No. 957

      75R4309 JMM-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the revision of the Uniform Interstate Family Support

 1-3     Act to comply with federal law.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Sections 159.101(7), (16), and (19), Family Code,

 1-6     are amended to read as follows:

 1-7                 (7)  "Initiating state" means a state from [in] which a

 1-8     proceeding is forwarded or in which a  proceeding is filed for

 1-9     forwarding to a responding state under this chapter or a law or

1-10     procedure substantially  similar to this chapter, the Uniform

1-11     Reciprocal Enforcement of Support Act, or the Revised Uniform

1-12     Reciprocal Enforcement of Support Act [is filed for forwarding to a

1-13     responding state].

1-14                 (16)  "Responding state" means a state in [to] which a

1-15     proceeding is filed or to which a  proceeding is forwarded for

1-16     filing from an initiating state under this chapter or a law or

1-17     procedure  substantially similar to this chapter, the Uniform

1-18     Reciprocal Enforcement of Support Act, or the Revised Uniform

1-19     Reciprocal Enforcement of Support Act.

1-20                 (19)  "State" means a state of the United States, the

1-21     District of Columbia, [the Commonwealth of] Puerto Rico, the United

1-22     States Virgin Islands, or any territory  or insular possession

1-23     subject to the jurisdiction of the United States. The term

1-24     includes:

 2-1                       (A)  an Indian tribe; and

 2-2                       (B)  a foreign jurisdiction that has enacted a

 2-3     law or established procedures for issuance and enforcement  of

 2-4     support orders that are substantially similar to the procedures

 2-5     under this chapter, the Uniform Reciprocal Enforcement of Support

 2-6     Act, or the Revised Uniform Reciprocal Enforcement of Support Act.

 2-7           SECTION 2.  Section 159.102, Family Code, is amended to read

 2-8     as follows:

 2-9           Sec. 159.102.  TRIBUNAL OF [THIS] STATE.  The court is the

2-10     tribunal of this state.

2-11           SECTION 3.  Section 159.203, Family Code, is amended to read

2-12     as follows:

2-13           Sec. 159.203.  INITIATING AND RESPONDING TRIBUNAL OF [THIS]

2-14     STATE.  Under this chapter, a tribunal of this state may serve as

2-15     an initiating tribunal to forward proceedings to another state and

2-16     as a responding tribunal for proceedings initiated in another

2-17     state.

2-18           SECTION 4.  Section 159.205(a), Family Code, is amended to

2-19     read as follows:

2-20           (a)  A tribunal of this state issuing a support order

2-21     consistent with the law of this state has continuing, exclusive

2-22     jurisdiction over a child support order:

2-23                 (1)  as long as this state remains the residence of the

2-24     obligor, the individual obligee, or the child for whose benefit the

2-25     support order is issued; or

2-26                 (2)  until all of the parties who are individuals have

2-27     [each individual party has] filed written consents [consent] with

 3-1     the tribunal of this state for a tribunal of another state to

 3-2     modify the order and assume continuing, exclusive jurisdiction.

 3-3           SECTION 5.  Section 159.207, Family Code, is amended to read

 3-4     as follows:

 3-5           Sec. 159.207.  RECOGNITION OF CONTROLLING CHILD SUPPORT ORDER

 3-6     [ORDERS].  (a)  If a proceeding is brought under  this chapter and

 3-7     [one or more child support orders have been issued in this or

 3-8     another state with regard to an obligor and a child, a tribunal  of

 3-9     this state shall apply the following rules in determining which

3-10     order to recognize for purposes of continuing, exclusive

3-11     jurisdiction:]

3-12                 [(1)  if] only one tribunal has issued a child support

3-13     order, the order of that tribunal controls and must be so

3-14     recognized.

3-15           (b)  If a proceeding is brought under this chapter and two or

3-16     more child support orders have been issued by tribunals of this

3-17     state or another state with regard to the same obligor and child, a

3-18     tribunal of this state shall apply the following rules in

3-19     determining which order to recognize for purposes of continuing,

3-20     exclusive jurisdiction: [;]

3-21                 (1) [(2)]  if [two or more tribunals have issued child

3-22     support orders for the same  obligor and child and] only one of the

3-23     tribunals would have continuing, exclusive jurisdiction under this

3-24     chapter, the order of that tribunal controls and must be so

3-25     recognized;

3-26                 (2) [(3)]  if [two or more tribunals have issued child

3-27     support orders for the same obligor and child  and] more than one

 4-1     of the tribunals would have continuing, exclusive jurisdiction

 4-2     under this chapter, an order issued by a tribunal in the current

 4-3     home state of the child controls and must be so recognized, but if

 4-4     an order has not been issued in the current  home state of the

 4-5     child, the order most recently issued controls and must be so

 4-6     recognized; and

 4-7                 (3) [(4)]  if [two or more tribunals have issued child

 4-8     support orders for the same obligor and  child and] none of the

 4-9     tribunals would have continuing, exclusive jurisdiction under this

4-10     chapter, the tribunal of this state having jurisdiction over the

4-11     parties shall [may] issue a child support order that controls and

4-12     must be so recognized.

4-13           (c)  If two or more child support orders have been issued for

4-14     the same obligor and child and if the obligor or the individual

4-15     obligee resides in this state, a party may request a tribunal of

4-16     this state to determine which order controls and must be so

4-17     recognized under Subsection (b). The request must be accompanied by

4-18     a certified copy of every support order in effect. The requesting

4-19     party shall give notice of the request to each party whose rights

4-20     may be affected by the determination.

4-21           (d) [(b)]  The tribunal that issued the controlling  [issues

4-22     an] order [recognized] under Subsection (a), (b), or (c) is the

4-23     tribunal that has  continuing, exclusive jurisdiction under Section

4-24     159.205.

4-25           (e)  A tribunal of this state that determines by order the

4-26     identity of the controlling order under Subsection (b)(1) or (2) or

4-27     that issues a new controlling order under Subsection (b)(3) shall

 5-1     state in that order the basis upon which the tribunal made its

 5-2     determination.

 5-3           (f)  Within 30 days after issuance of an order determining

 5-4     the identity of the controlling order, the party obtaining the

 5-5     order shall file a certified copy of it with each tribunal that

 5-6     issued or registered an earlier order of child support. A party who

 5-7     obtains the order and fails to file a certified copy is subject to

 5-8     appropriate sanctions by a tribunal in which the issue of failure

 5-9     to file arises. The failure to file does not affect the validity or

5-10     enforceability of the controlling order.

5-11           SECTION 6.  Section 159.301, Family Code, is amended to read

5-12     as follows:

5-13           Sec. 159.301.  PROCEEDINGS UNDER [THIS] CHAPTER.  (a)  Except

5-14     as otherwise provided in this chapter, this subchapter applies to

5-15     all proceedings under this chapter.

5-16           (b)  This chapter provides for the following proceedings:

5-17                 (1)  establishment of an order for spousal support or

5-18     child support pursuant to [under] Section 159.401;

5-19                 (2)  enforcement of a support order and

5-20     income-withholding order of another state without registration

5-21     pursuant to Sections 159.501 through 159.507 [under Subchapter F];

5-22                 (3)  registration of an order for spousal support or

5-23     child support of another state for enforcement pursuant to Sections

5-24     159.601 through 159.608 [under Subchapter G];

5-25                 (4)  modification of an order for child support or

5-26     spousal support issued by a tribunal of this state pursuant to

5-27     [under] Sections 159.203 through [-] 159.205;

 6-1                 (5)  registration of an order for child support of

 6-2     another state for modification pursuant to Sections 159.609 through

 6-3     159.614 [under Subchapter G];

 6-4                 (6)  determination of parentage pursuant to Section

 6-5     159.701 [under Subchapter H]; and

 6-6                 (7)  assertion of jurisdiction over nonresidents

 6-7     pursuant to [under] Sections 159.201 and 159.202.

 6-8           (c)  An individual or a support enforcement agency may

 6-9     commence a proceeding authorized under this chapter by filing a

6-10     petition in an initiating tribunal for forwarding to a responding

6-11     tribunal or by filing a petition or a comparable pleading directly

6-12     in a tribunal of another state that has or that can obtain personal

6-13     jurisdiction over the respondent.

6-14           SECTION 7.  Section 159.303, Family Code, is amended to read

6-15     as follows:

6-16           Sec. 159.303.  APPLICATION OF LAW OF [THIS] STATE.  Except as

6-17     otherwise provided in this chapter, a responding tribunal of this

6-18     state shall:

6-19                 (1)  apply the procedural and substantive law,

6-20     including the rules on choice of law, generally applicable to

6-21     similar proceedings originating in this state and may exercise all

6-22     powers and provide all remedies available in those proceedings; and

6-23                 (2)  determine the duty of support and the amount

6-24     payable in accordance with the law and support guidelines of this

6-25     state.

6-26           SECTION 8.  Section 159.304, Family Code, is amended to read

6-27     as follows:

 7-1           Sec. 159.304.  DUTIES OF INITIATING TRIBUNAL.  (a)  On the

 7-2     filing of a petition authorized by this chapter, an initiating

 7-3     tribunal of this state shall forward three copies of the petition

 7-4     and its accompanying documents:

 7-5                 (1)  to the responding tribunal or appropriate support

 7-6     enforcement agency in the responding state; or

 7-7                 (2)  if the identity of the responding tribunal is

 7-8     unknown, to the state information agency of the responding state

 7-9     with a request that they be forwarded to the appropriate tribunal

7-10     and that receipt be acknowledged.

7-11           (b)  If a responding state has not enacted the Uniform

7-12     Interstate Family Support Act or a law or procedure substantially

7-13     similar to that Act, a tribunal of this state may issue a

7-14     certificate or other document and make findings required by the law

7-15     of the responding state. If the responding state is a foreign

7-16     jurisdiction, the tribunal may specify the amount of support sought

7-17     and provide other documents necessary to satisfy the requirements

7-18     of the responding state.

7-19           SECTION 9.  Sections 159.305(a), (b), and (e), Family Code,

7-20     are amended to read as follows:

7-21           (a)  When a responding tribunal of this state receives a

7-22     petition or comparable pleading from an initiating tribunal or

7-23     directly under Section 159.301(c), the responding tribunal shall

7-24     cause the petition or pleading to be filed and notify the

7-25     petitioner [by first class mail] where and when it was filed.

7-26           (b)  A responding tribunal of this state, to the extent

7-27     otherwise authorized by law, may do one or more of the following:

 8-1                 (1)  issue or enforce a support order, modify a child

 8-2     support order, or render a judgment to determine parentage;

 8-3                 (2)  order an obligor to comply with a support order

 8-4     and specify the amount and the manner of compliance;

 8-5                 (3)  order income withholding;

 8-6                 (4)  determine the amount of any arrearages and specify

 8-7     a method of payment;

 8-8                 (5)  enforce orders by civil or criminal contempt, or

 8-9     both;

8-10                 (6)  set aside property for satisfaction of the support

8-11     order;

8-12                 (7)  place liens and order execution on the obligor's

8-13     property[, provided, however, a lien under this subdivision may not

8-14     arise or attach to real property until recorded in the real

8-15     property records of the county where the real property of the

8-16     obligor is located and shall be subordinate to the rights of prior

8-17     bona fide purchasers and lienholders on the real property];

8-18                 (8)  order an obligor to keep the tribunal informed of

8-19     the obligor's current residential address, telephone number,

8-20     employer, address of employment, and telephone number at the place

8-21     of employment;

8-22                 (9)  issue a bench warrant or capias for an obligor who

8-23     has failed after proper notice to appear at a hearing ordered by

8-24     the tribunal and enter the bench warrant or capias in any local and

8-25     state computer systems for criminal warrants;

8-26                 (10)  order the obligor to seek appropriate employment

8-27     by specified methods;

 9-1                 (11)  award reasonable attorney's fees and other fees

 9-2     and costs; and

 9-3                 (12)  grant any other available remedy.

 9-4           (e)  If a responding tribunal of this state issues an order

 9-5     under this chapter, the tribunal shall send a copy of the order [by

 9-6     first class mail] to the petitioner and the respondent and to  the

 9-7     initiating tribunal, if any.

 9-8           SECTION 10.  Section 159.306, Family Code, is amended to read

 9-9     as follows:

9-10           Sec. 159.306.  INAPPROPRIATE TRIBUNAL.  If a petition or

9-11     comparable pleading is received by an inappropriate tribunal of

9-12     this state, that tribunal shall forward the pleading and

9-13     accompanying documents to an appropriate tribunal in this state or

9-14     another state and notify the petitioner [by first class mail] where

9-15     and when the pleading was sent.

9-16           SECTION 11.  Section 159.307(b), Family Code, is amended to

9-17     read as follows:

9-18           (b)  A support enforcement agency that provides services to

9-19     the petitioner as appropriate shall:

9-20                 (1)  take all steps necessary to enable an appropriate

9-21     tribunal in this state or another state to obtain jurisdiction over

9-22     the respondent;

9-23                 (2)  request an appropriate tribunal to set a date,

9-24     time, and place for a hearing;

9-25                 (3)  make a reasonable effort to obtain all relevant

9-26     information, including information as to income and property of the

9-27     parties;

 10-1                (4)  not later than the second day, excluding

 10-2    Saturdays, Sundays, and legal holidays, after the date of receipt

 10-3    of a written notice from an initiating, responding, or registering

 10-4    tribunal, send a copy of the notice [by first class mail] to the

 10-5    petitioner;

 10-6                (5)  not later than the second day, excluding

 10-7    Saturdays, Sundays, and legal holidays, after the date of receipt

 10-8    of a written communication from the respondent or the respondent's

 10-9    attorney, send a copy of the communication [by first class mail] to

10-10    the petitioner; and

10-11                (6)  notify the petitioner if jurisdiction over the

10-12    respondent cannot be obtained.

10-13          SECTION 12.  Sections 159.313(a) and (c), Family Code, are

10-14    amended to read as follows:

10-15          (a)  The petitioner may not be required to pay [An initiating

10-16    court may require payment of either] a filing fee or other costs

10-17    [from the obligee and may request the responding court to collect

10-18    fees and costs from the obligor. The clerk of the responding court

10-19    may require payment of a filing fee or other costs from the

10-20    obligee].

10-21          (c)  The tribunal shall order the payment of costs and

10-22    reasonable attorney's fees if it determines that a hearing was

10-23    requested primarily for delay. In a proceeding pursuant to Sections

10-24    159.601 through 159.608 [under Subchapter G], a  hearing is

10-25    presumed to have been requested primarily for delay if a registered

10-26    support order is confirmed or enforced without change.

10-27          SECTION 13.  Subchapter F, Chapter 159, Family Code, is

 11-1    amended to read as follows:

 11-2              SUBCHAPTER F.  [DIRECT] ENFORCEMENT OF ORDER OF

 11-3                    ANOTHER STATE WITHOUT REGISTRATION

 11-4          Sec. 159.501.  EMPLOYER'S RECEIPT [RECOGNITION] OF INCOME

 11-5    WITHHOLDING ORDER OF ANOTHER STATE.  [(a)]  An income-withholding

 11-6    order issued in another state may be sent [by first class mail] to

 11-7    the obligor's employer under Chapter 158 without  first filing a

 11-8    petition or comparable pleading or registering the order with a

 11-9    tribunal of this state.

11-10          Sec. 159.502.  EMPLOYER'S COMPLIANCE WITH INCOME-WITHHOLDING

11-11    ORDER OF ANOTHER STATE.  (a)  On receipt of an income-withholding

11-12    [the] order, the obligor's employer shall immediately provide a

11-13    copy of the order to the obligor.

11-14          (b)  The employer shall[:]

11-15                [(1)]  treat an income-withholding order issued in

11-16    another state that appears regular on its face as if the order had

11-17    been issued by a tribunal of this state.

11-18          (c)  Except as otherwise provided in Subsection (d) and

11-19    Section 159.503, the employer shall withhold and[;]

11-20                [(2)  immediately provide a copy of the order to the

11-21    obligor; and]

11-22                [(3)]  distribute the funds as directed in the

11-23    withholding order by complying with terms of the order that

11-24    specify:

11-25                (1)  the duration and amount of periodic payments of

11-26    current child support, stated as a sum certain;

11-27                (2)  the person or agency designated to receive

 12-1    payments and the address to which the payments are to be forwarded;

 12-2                (3)  medical support, whether in the form of periodic

 12-3    cash payments, stated as a sum certain, or ordering the obligor to

 12-4    provide health insurance coverage for the child under a policy

 12-5    available through the obligor's employment;

 12-6                (4)  the amount of periodic payments of fees and costs

 12-7    for a support enforcement agency, the issuing tribunal, and the

 12-8    obligee's attorney, stated as sums certain; and

 12-9                (5)  the amount of periodic payments of arrearages and

12-10    interest on arrearages, stated as sums certain.

12-11          (d)  An employer shall comply with the law of the state of

12-12    the obligor's principal place of employment for withholding from

12-13    income with respect to:

12-14                (1)  the employer's fee for processing an

12-15    income-withholding order;

12-16                (2)  the maximum amount permitted to be withheld from

12-17    the obligor's income; and

12-18                (3)  the times within which the employer must implement

12-19    the withholding order and forward the child support payment.

12-20          Sec. 159.503.  COMPLIANCE WITH MULTIPLE INCOME-WITHHOLDING

12-21    ORDERS.  If an obligor's employer receives multiple

12-22    income-withholding orders with respect to the earnings of the same

12-23    obligor, the employer satisfies the terms of the multiple orders if

12-24    the employer complies with the law of the state of the obligor's

12-25    principal place of employment to establish the priorities for

12-26    withholding and allocating income withheld for multiple child

12-27    support obligees.

 13-1          Sec. 159.504.  IMMUNITY FROM CIVIL LIABILITY.  An employer

 13-2    who complies with an income-withholding order issued in another

 13-3    state in accordance with this subchapter is not subject to civil

 13-4    liability to an individual or agency with regard to the employer's

 13-5    withholding of child support from the obligor's income.

 13-6          Sec. 159.505.  PENALTIES FOR NONCOMPLIANCE.  An employer who

 13-7    wilfully fails to comply with an income-withholding order issued by

 13-8    another state and received for enforcement is subject to the same

 13-9    penalties that may be imposed for noncompliance with an order

13-10    issued by a tribunal of this state.

13-11          Sec. 159.506.  CONTEST BY OBLIGOR.  (a) [(b)] An obligor may

13-12    contest the validity or enforcement of an income-withholding order

13-13    issued in another state and received directly by an employer in

13-14    this state in the same manner as if the order had been issued by  a

13-15    tribunal of this state. Section 159.604 applies to the contest.

13-16          (b)  The obligor shall give notice of the contest to:

13-17                (1)  a [any] support enforcement agency providing

13-18    services to the obligee;

13-19                (2)  each employer that has directly received an

13-20    income-withholding order; and [to:]

13-21                (3) [(1)]  the person or agency designated to receive

13-22    payments in the income-withholding order[;] or

13-23                [(2)]  to the obligee, if no person or agency is

13-24    designated.

13-25          Sec. 159.507  [Sec. 159.502].  ADMINISTRATIVE ENFORCEMENT OF

13-26    ORDERS.  (a)  A party seeking to enforce a support order or an

13-27    income-withholding order, or both, issued by a tribunal of another

 14-1    state may send the documents required for registering the order to

 14-2    a support enforcement agency of this state.

 14-3          (b)  On receipt of the documents, the support enforcement

 14-4    agency, without initially seeking to register the order, shall

 14-5    consider and, if appropriate, use any administrative procedure

 14-6    authorized by the law of this state to enforce a support order or

 14-7    an income-withholding order, or both. If the obligor does not

 14-8    contest administrative enforcement, the order need not be

 14-9    registered. If the obligor contests the validity or administrative

14-10    enforcement of the order, the support enforcement agency shall

14-11    register the order under this chapter.

14-12          SECTION 14.  Section 159.604(a), Family Code, is amended to

14-13    read as follows:

14-14          (a)  The law of the issuing state governs the nature, extent,

14-15    amount, and duration of current payments and other obligations of

14-16    support and the payment of arrearages under the order [only if a

14-17    party provides the court having jurisdiction over an action in this

14-18    state a certified copy of the applicable law of the state.

14-19    Otherwise, the law of this state applies].

14-20          SECTION 15.  Sections 159.605(a) and (b), Family Code, are

14-21    amended to read as follows:

14-22          (a)  When a support order or income-withholding order issued

14-23    in another state is registered, the registering tribunal shall

14-24    notify the nonregistering party. [Notice must be given by first

14-25    class, certified, or registered mail or by any means of personal

14-26    service authorized by the law of this state.]  The notice must be

14-27    accompanied by a copy of the registered order and the documents and

 15-1    relevant information accompanying the order.

 15-2          (b)  The notice must inform the nonregistering party:

 15-3                (1)  that a registered order is enforceable as of the

 15-4    date of registration in the same manner as an order issued by a

 15-5    tribunal of this state;

 15-6                (2)  that a hearing to contest the validity or

 15-7    enforcement of the registered order must be requested within 20

 15-8    days [not later than the 20th day] after [the date the] notice [was

 15-9    mailed or personally served];

15-10                (3)  that failure to contest the validity or

15-11    enforcement of the registered order in a timely manner:

15-12                      (A)  will result in confirmation of the order and

15-13    enforcement of the order and the alleged arrearages; and

15-14                      (B)  precludes further contest of that order with

15-15    respect to any matter that could have been asserted; and

15-16                (4)  of the amount of any alleged arrearages.

15-17          SECTION 16.  Sections 159.606(a) and (c), Family Code, are

15-18    amended to read as follows:

15-19          (a)  A nonregistering party seeking to contest the validity

15-20    or enforcement of a registered order in this state shall [must]

15-21    request a hearing within 20 days [not later than the 20th day]

15-22    after [the date the] notice of the registration [was mailed or

15-23    personally served].  The nonregistering party may seek under

15-24    Section 159.607 to:

15-25                (1)  vacate the registration;

15-26                (2)  assert any defense to an allegation of

15-27    noncompliance with the registered order; or

 16-1                (3)  contest the remedies being sought or the amount of

 16-2    any alleged arrearages.

 16-3          (c)  If a nonregistering party requests a hearing to contest

 16-4    the validity or enforcement of the registered order, the

 16-5    registering tribunal shall schedule the matter for hearing and give

 16-6    notice to the parties [by first class mail] of the date, time, and

 16-7    place of the hearing.

 16-8          SECTION 17.  Sections 159.611(a) and (c), Family Code, are

 16-9    amended to read as follows:

16-10          (a)  After a child support order issued in another state has

16-11    been registered in this state, the responding tribunal of this

16-12    state may modify the order only if Section 159.613 does not apply

16-13    and[,] after notice and hearing[,] the tribunal finds that:

16-14                (1)  the following requirements are met:

16-15                      (A)  the child, the individual obligee, and the

16-16    obligor do not reside in the issuing state;

16-17                      (B)  a petitioner who is a nonresident of this

16-18    state seeks modification; and

16-19                      (C)  the respondent is subject to the personal

16-20    jurisdiction of the tribunal of this state; or

16-21                (2)  [an individual party or] the child, or a party who

16-22    is an individual, is subject to the personal  jurisdiction of the

16-23    tribunal of this state and all of the [individual] parties who are

16-24    individuals have filed  in the issuing tribunal [a] written

16-25    consents for [consent that provides that] a tribunal of this state

16-26    to [may] modify the support order and assume  continuing, exclusive

16-27    jurisdiction over the order; however, for the purposes of this

 17-1    subdivision, if the issuing state is a foreign jurisdiction that

 17-2    has not enacted a law or established procedures substantially

 17-3    similar to the procedures under this chapter, the consent otherwise

 17-4    required of an individual residing in this state is not required

 17-5    for the tribunal to assume jurisdiction to modify the child support

 17-6    order.

 17-7          (c)  A tribunal of this state may not modify any aspect of a

 17-8    child support order that may not be modified under the law of the

 17-9    issuing state.  If two or more tribunals have issued child support

17-10    orders for the same obligor and child, the order that controls and

17-11    must be so recognized under Section 159.207 establishes the aspects

17-12    of the support order that are nonmodifiable.

17-13          SECTION 18.  Subchapter G, Chapter 159, Family Code, is

17-14    amended by adding Sections 159.613 and 159.614 to read as follows:

17-15          Sec. 159.613.  JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF

17-16    ANOTHER STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE.  (a)

17-17    If all of the parties who are individuals reside in this state and

17-18    the child does not reside in the issuing state, a tribunal of this

17-19    state has jurisdiction to enforce and to modify the issuing state's

17-20    child support order in a proceeding to register that order.

17-21          (b)  A tribunal of this state exercising jurisdiction under

17-22    this section shall apply the provisions of Sections 159.101 through

17-23    159.209 and 159.601 through 159.614 and the procedural and

17-24    substantive law of this state to the proceeding for enforcement or

17-25    modification. Sections 159.301 through 159.507 and 159.701 through

17-26    159.802 do not apply.

17-27          Sec. 159.614.  NOTICE TO ISSUING TRIBUNAL OF MODIFICATION.

 18-1    Within 30 days after issuance of a modified child support order,

 18-2    the party obtaining the modification shall file a certified copy of

 18-3    the order with the issuing tribunal that had continuing, exclusive

 18-4    jurisdiction over the earlier order and in each tribunal in which

 18-5    the party knows the earlier order has been registered.  A party who

 18-6    obtains the order and fails to file a certified copy is subject to

 18-7    appropriate sanctions by a tribunal in which the issue of failure

 18-8    to file arises.  The failure to file does not affect the validity

 18-9    or enforceability of the modified order of the new tribunal having

18-10    continuing, exclusive jurisdiction.

18-11          SECTION 19.  This Act takes effect September 1, 1997, and

18-12    applies only to an order, decree, or judgment entered on or after

18-13    that date.

18-14          SECTION 20.  The importance of this legislation and the

18-15    crowded condition of the calendars in both houses create an

18-16    emergency and an imperative public necessity that the

18-17    constitutional rule requiring bills to be read on three several

18-18    days in each house be suspended, and this rule is hereby suspended.