1-1 By: Harris S.B. No. 426
1-2 (In the Senate - Filed February 4, 1997; February 6, 1997,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 March 4, 1997, reported favorably by the following vote: Yeas 5,
1-5 Nays 0; March 4, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the revision of the Uniform Interstate Family Support
1-9 Act to comply with federal law.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subdivisions (7), (16), and (19), Section
1-12 159.101, Family Code, are amended to read as follows:
1-13 (7) "Initiating state" means a state from [in] which a
1-14 proceeding is forwarded or in which a proceeding is filed for
1-15 forwarding to a responding state under this chapter or a law or
1-16 procedure substantially similar to this chapter, the Uniform
1-17 Reciprocal Enforcement of Support Act, or the Revised Uniform
1-18 Reciprocal Enforcement of Support Act [is filed for forwarding to a
1-19 responding state].
1-20 (16) "Responding state" means a state in [to] which a
1-21 proceeding is filed or to which a proceeding is forwarded for
1-22 filing from an initiating state under this chapter or a law or
1-23 procedure substantially similar to this chapter, the Uniform
1-24 Reciprocal Enforcement of Support Act, or the Revised Uniform
1-25 Reciprocal Enforcement of Support Act.
1-26 (19) "State" means a state of the United States, the
1-27 District of Columbia, [the Commonwealth of] Puerto Rico, the United
1-28 States Virgin Islands, or any territory or insular possession
1-29 subject to the jurisdiction of the United States. The term
1-30 includes:
1-31 (A) an Indian tribe; and
1-32 (B) a foreign jurisdiction that has enacted a
1-33 law or established procedures for issuance and enforcement of
1-34 support orders that are substantially similar to the procedures
1-35 under this chapter, the Uniform Reciprocal Enforcement of Support
1-36 Act, or the Revised Uniform Reciprocal Enforcement of Support Act.
1-37 SECTION 2. Section 159.102, Family Code, is amended to read
1-38 as follows:
1-39 Sec. 159.102. TRIBUNAL OF [THIS] STATE. The court is the
1-40 tribunal of this state.
1-41 SECTION 3. Section 159.203, Family Code, is amended to read
1-42 as follows:
1-43 Sec. 159.203. INITIATING AND RESPONDING TRIBUNAL OF [THIS]
1-44 STATE. Under this chapter, a tribunal of this state may serve as
1-45 an initiating tribunal to forward proceedings to another state and
1-46 as a responding tribunal for proceedings initiated in another
1-47 state.
1-48 SECTION 4. Subsection (a), Section 159.205, Family Code, is
1-49 amended to read as follows:
1-50 (a) A tribunal of this state issuing a support order
1-51 consistent with the law of this state has continuing, exclusive
1-52 jurisdiction over a child support order:
1-53 (1) as long as this state remains the residence of the
1-54 obligor, the individual obligee, or the child for whose benefit the
1-55 support order is issued; or
1-56 (2) until all of the parties who are individuals have
1-57 [each individual party has] filed written consents [consent] with
1-58 the tribunal of this state for a tribunal of another state to
1-59 modify the order and assume continuing, exclusive jurisdiction.
1-60 SECTION 5. Section 159.207, Family Code, is amended to read
1-61 as follows:
1-62 Sec. 159.207. RECOGNITION OF CONTROLLING CHILD SUPPORT ORDER
1-63 [ORDERS]. (a) If a proceeding is brought under this chapter and
1-64 [one or more child support orders have been issued in this or
2-1 another state with regard to an obligor and a child, a tribunal of
2-2 this state shall apply the following rules in determining which
2-3 order to recognize for purposes of continuing, exclusive
2-4 jurisdiction:]
2-5 [(1) if] only one tribunal has issued a child support
2-6 order, the order of that tribunal controls and must be so
2-7 recognized.
2-8 (b) If a proceeding is brought under this chapter and two or
2-9 more child support orders have been issued by tribunals of this
2-10 state or another state with regard to the same obligor and child, a
2-11 tribunal of this state shall apply the following rules in
2-12 determining which order to recognize for purposes of continuing,
2-13 exclusive jurisdiction:
2-14 (1) [; (2)] if [two or more tribunals have issued
2-15 child support orders for the same obligor and child and] only one
2-16 of the tribunals would have continuing, exclusive jurisdiction
2-17 under this chapter, the order of that tribunal controls and must be
2-18 so recognized;
2-19 (2) [(3)] if [two or more tribunals have issued child
2-20 support orders for the same obligor and child and] more than one of
2-21 the tribunals would have continuing, exclusive jurisdiction under
2-22 this chapter, an order issued by a tribunal in the current home
2-23 state of the child controls and must be so recognized, but if an
2-24 order has not been issued in the current home state of the child,
2-25 the order most recently issued controls and must be so recognized;
2-26 and
2-27 (3) [(4)] if [two or more tribunals have issued child
2-28 support orders for the same obligor and child and] none of the
2-29 tribunals would have continuing, exclusive jurisdiction under this
2-30 chapter, the tribunal of this state having jurisdiction over the
2-31 parties shall [may] issue a child support order that controls and
2-32 must be so recognized.
2-33 (c) If two or more child support orders have been issued for
2-34 the same obligor and child and if the obligor or the individual
2-35 obligee resides in this state, a party may request a tribunal of
2-36 this state to determine which order controls and must be so
2-37 recognized under Subsection (b). The request must be accompanied
2-38 by a certified copy of every support order in effect. The
2-39 requesting party shall give notice of the request to each party
2-40 whose rights may be affected by the determination.
2-41 (d) [(b)] The tribunal that issued the controlling [issues
2-42 an] order [recognized] under Subsection (a), (b), or (c) is the
2-43 tribunal that has continuing, exclusive jurisdiction under Section
2-44 159.205.
2-45 (e) A tribunal of this state that determines by order the
2-46 identity of the controlling order under Subsection (b)(1) or (2) or
2-47 that issues a new controlling order under Subsection (b)(3) shall
2-48 state in that order the basis upon which the tribunal made its
2-49 determination.
2-50 (f) Within 30 days after issuance of an order determining
2-51 the identity of the controlling order, the party obtaining the
2-52 order shall file a certified copy of it with each tribunal that
2-53 issued or registered an earlier order of child support. A party
2-54 who obtains the order and fails to file a certified copy is subject
2-55 to appropriate sanctions by a tribunal in which the issue of
2-56 failure to file arises. The failure to file does not affect the
2-57 validity or enforceability of the controlling order.
2-58 SECTION 6. Section 159.301, Family Code, is amended to read
2-59 as follows:
2-60 Sec. 159.301. PROCEEDINGS UNDER [THIS] CHAPTER. (a) Except
2-61 as otherwise provided in this chapter, this subchapter applies to
2-62 all proceedings under this chapter.
2-63 (b) This chapter provides for the following proceedings:
2-64 (1) establishment of an order for spousal support or
2-65 child support pursuant to [under] Section 159.401;
2-66 (2) enforcement of a support order and
2-67 income-withholding order of another state without registration
2-68 pursuant to Sections 159.501 through 159.507 [under Subchapter F];
2-69 (3) registration of an order for spousal support or
3-1 child support of another state for enforcement pursuant to Sections
3-2 159.601 through 159.608 [under Subchapter G];
3-3 (4) modification of an order for child support or
3-4 spousal support issued by a tribunal of this state pursuant to
3-5 [under] Sections 159.203 through [-] 159.205;
3-6 (5) registration of an order for child support of
3-7 another state for modification pursuant to Sections 159.609 through
3-8 159.614 [under Subchapter G];
3-9 (6) determination of parentage pursuant to Section
3-10 159.701 [under Subchapter H]; and
3-11 (7) assertion of jurisdiction over nonresidents
3-12 pursuant to [under] Sections 159.201 and 159.202.
3-13 (c) An individual or a support enforcement agency may
3-14 commence a proceeding authorized under this chapter by filing a
3-15 petition in an initiating tribunal for forwarding to a responding
3-16 tribunal or by filing a petition or a comparable pleading directly
3-17 in a tribunal of another state that has or that can obtain personal
3-18 jurisdiction over the respondent.
3-19 SECTION 7. Section 159.303, Family Code, is amended to read
3-20 as follows:
3-21 Sec. 159.303. APPLICATION OF LAW OF [THIS] STATE. Except as
3-22 otherwise provided in this chapter, a responding tribunal of this
3-23 state shall:
3-24 (1) apply the procedural and substantive law,
3-25 including the rules on choice of law, generally applicable to
3-26 similar proceedings originating in this state and may exercise all
3-27 powers and provide all remedies available in those proceedings; and
3-28 (2) determine the duty of support and the amount
3-29 payable in accordance with the law and support guidelines of this
3-30 state.
3-31 SECTION 8. Section 159.304, Family Code, is amended to read
3-32 as follows:
3-33 Sec. 159.304. DUTIES OF INITIATING TRIBUNAL. (a) On the
3-34 filing of a petition authorized by this chapter, an initiating
3-35 tribunal of this state shall forward three copies of the petition
3-36 and its accompanying documents:
3-37 (1) to the responding tribunal or appropriate support
3-38 enforcement agency in the responding state; or
3-39 (2) if the identity of the responding tribunal is
3-40 unknown, to the state information agency of the responding state
3-41 with a request that they be forwarded to the appropriate tribunal
3-42 and that receipt be acknowledged.
3-43 (b) If a responding state has not enacted the Uniform
3-44 Interstate Family Support Act or a law or procedure substantially
3-45 similar to that Act, a tribunal of this state may issue a
3-46 certificate or other document and make findings required by the law
3-47 of the responding state. If the responding state is a foreign
3-48 jurisdiction, the tribunal may specify the amount of support sought
3-49 and provide other documents necessary to satisfy the requirements
3-50 of the responding state.
3-51 SECTION 9. Subsections (a), (b), and (e), Section 159.305,
3-52 Family Code, are amended to read as follows:
3-53 (a) When a responding tribunal of this state receives a
3-54 petition or comparable pleading from an initiating tribunal or
3-55 directly under Section 159.301(c), the responding tribunal shall
3-56 cause the petition or pleading to be filed and notify the
3-57 petitioner [by first class mail] where and when it was filed.
3-58 (b) A responding tribunal of this state, to the extent
3-59 otherwise authorized by law, may do one or more of the following:
3-60 (1) issue or enforce a support order, modify a child
3-61 support order, or render a judgment to determine parentage;
3-62 (2) order an obligor to comply with a support order
3-63 and specify the amount and the manner of compliance;
3-64 (3) order income withholding;
3-65 (4) determine the amount of any arrearages and specify
3-66 a method of payment;
3-67 (5) enforce orders by civil or criminal contempt, or
3-68 both;
3-69 (6) set aside property for satisfaction of the support
4-1 order;
4-2 (7) place liens and order execution on the obligor's
4-3 property[, provided, however, a lien under this subdivision may not
4-4 arise or attach to real property until recorded in the real
4-5 property records of the county where the real property of the
4-6 obligor is located and shall be subordinate to the rights of prior
4-7 bona fide purchasers and lienholders on the real property];
4-8 (8) order an obligor to keep the tribunal informed of
4-9 the obligor's current residential address, telephone number,
4-10 employer, address of employment, and telephone number at the place
4-11 of employment;
4-12 (9) issue a bench warrant or capias for an obligor who
4-13 has failed after proper notice to appear at a hearing ordered by
4-14 the tribunal and enter the bench warrant or capias in any local and
4-15 state computer systems for criminal warrants;
4-16 (10) order the obligor to seek appropriate employment
4-17 by specified methods;
4-18 (11) award reasonable attorney's fees and other fees
4-19 and costs; and
4-20 (12) grant any other available remedy.
4-21 (e) If a responding tribunal of this state issues an order
4-22 under this chapter, the tribunal shall send a copy of the order [by
4-23 first class mail] to the petitioner and the respondent and to the
4-24 initiating tribunal, if any.
4-25 SECTION 10. Section 159.306, Family Code, is amended to read
4-26 as follows:
4-27 Sec. 159.306. INAPPROPRIATE TRIBUNAL. If a petition or
4-28 comparable pleading is received by an inappropriate tribunal of
4-29 this state, that tribunal shall forward the pleading and
4-30 accompanying documents to an appropriate tribunal in this state or
4-31 another state and notify the petitioner [by first class mail] where
4-32 and when the pleading was sent.
4-33 SECTION 11. Subsection (b), Section 159.307, Family Code, is
4-34 amended to read as follows:
4-35 (b) A support enforcement agency that provides services to
4-36 the petitioner as appropriate shall:
4-37 (1) take all steps necessary to enable an appropriate
4-38 tribunal in this state or another state to obtain jurisdiction over
4-39 the respondent;
4-40 (2) request an appropriate tribunal to set a date,
4-41 time, and place for a hearing;
4-42 (3) make a reasonable effort to obtain all relevant
4-43 information, including information as to income and property of the
4-44 parties;
4-45 (4) not later than the second day, excluding
4-46 Saturdays, Sundays, and legal holidays, after the date of receipt
4-47 of a written notice from an initiating, responding, or registering
4-48 tribunal, send a copy of the notice [by first class mail] to the
4-49 petitioner;
4-50 (5) not later than the second day, excluding
4-51 Saturdays, Sundays, and legal holidays, after the date of receipt
4-52 of a written communication from the respondent or the respondent's
4-53 attorney, send a copy of the communication [by first class mail] to
4-54 the petitioner; and
4-55 (6) notify the petitioner if jurisdiction over the
4-56 respondent cannot be obtained.
4-57 SECTION 12. Subsections (a) and (c), Section 159.313, Family
4-58 Code, are amended to read as follows:
4-59 (a) The petitioner may not be required to pay [An initiating
4-60 court may require payment of either] a filing fee or other costs
4-61 [from the obligee and may request the responding court to collect
4-62 fees and costs from the obligor. The clerk of the responding court
4-63 may require payment of a filing fee or other costs from the
4-64 obligee].
4-65 (c) The tribunal shall order the payment of costs and
4-66 reasonable attorney's fees if it determines that a hearing was
4-67 requested primarily for delay. In a proceeding pursuant to
4-68 Sections 159.601 through 159.608 [under Subchapter G], a hearing is
4-69 presumed to have been requested primarily for delay if a registered
5-1 support order is confirmed or enforced without change.
5-2 SECTION 13. Subchapter F, Chapter 159, Family Code, is
5-3 amended to read as follows:
5-4 SUBCHAPTER F. [DIRECT] ENFORCEMENT OF ORDER OF
5-5 ANOTHER STATE WITHOUT REGISTRATION
5-6 Sec. 159.501. EMPLOYER'S RECEIPT [RECOGNITION] OF
5-7 INCOME-WITHHOLDING ORDER OF ANOTHER STATE. [(a)] An
5-8 income-withholding order issued in another state may be sent [by
5-9 first class mail] to the obligor's employer under Chapter 158
5-10 without first filing a petition or comparable pleading or
5-11 registering the order with a tribunal of this state.
5-12 Sec. 159.502. EMPLOYER'S COMPLIANCE WITH INCOME-WITHHOLDING
5-13 ORDER OF ANOTHER STATE. (a) On receipt of an income-withholding
5-14 [the] order, the obligor's employer shall immediately provide a
5-15 copy of the order to the obligor.
5-16 (b) The employer shall[:]
5-17 [(1)] treat an income-withholding order issued in
5-18 another state that appears regular on its face as if the order had
5-19 been issued by a tribunal of this state.
5-20 (c) Except as otherwise provided in Subsection (d) and
5-21 Section 159.503, the employer shall withhold and[;]
5-22 [(2) immediately provide a copy of the order to the
5-23 obligor; and]
5-24 [(3)] distribute the funds as directed in the
5-25 withholding order by complying with terms of the order that
5-26 specify:
5-27 (1) the duration and amount of periodic payments of
5-28 current child support, stated as a sum certain;
5-29 (2) the person or agency designated to receive
5-30 payments and the address to which the payments are to be forwarded;
5-31 (3) medical support, whether in the form of periodic
5-32 cash payments, stated as a sum certain, or ordering the obligor to
5-33 provide health insurance coverage for the child under a policy
5-34 available through the obligor's employment;
5-35 (4) the amount of periodic payments of fees and costs
5-36 for a support enforcement agency, the issuing tribunal, and the
5-37 obligee's attorney, stated as sums certain; and
5-38 (5) the amount of periodic payments of arrearages and
5-39 interest on arrearages, stated as sums certain.
5-40 (d) An employer shall comply with the law of the state of
5-41 the obligor's principal place of employment for withholding from
5-42 income with respect to:
5-43 (1) the employer's fee for processing an
5-44 income-withholding order;
5-45 (2) the maximum amount permitted to be withheld from
5-46 the obligor's income; and
5-47 (3) the times within which the employer must implement
5-48 the withholding order and forward the child support payment.
5-49 Sec. 159.503. COMPLIANCE WITH MULTIPLE INCOME-WITHHOLDING
5-50 ORDERS. If an obligor's employer receives multiple
5-51 income-withholding orders with respect to the earnings of the same
5-52 obligor, the employer satisfies the terms of the multiple orders if
5-53 the employer complies with the law of the state of the obligor's
5-54 principal place of employment to establish the priorities for
5-55 withholding and allocating income withheld for multiple child
5-56 support obligees.
5-57 Sec. 159.504. IMMUNITY FROM CIVIL LIABILITY. An employer
5-58 who complies with an income-withholding order issued in another
5-59 state in accordance with this subchapter is not subject to civil
5-60 liability to an individual or agency with regard to the employer's
5-61 withholding of child support from the obligor's income.
5-62 Sec. 159.505. PENALTIES FOR NONCOMPLIANCE. An employer who
5-63 wilfully fails to comply with an income-withholding order issued by
5-64 another state and received for enforcement is subject to the same
5-65 penalties that may be imposed for noncompliance with an order
5-66 issued by a tribunal of this state.
5-67 Sec. 159.506. CONTEST BY OBLIGOR. (a) [(b)] An obligor may
5-68 contest the validity or enforcement of an income-withholding order
5-69 issued in another state and received directly by an employer in
6-1 this state in the same manner as if the order had been issued by a
6-2 tribunal of this state. Section 159.604 applies to the contest.
6-3 (b) The obligor shall give notice of the contest to:
6-4 (1) a [any] support enforcement agency providing
6-5 services to the obligee;
6-6 (2) each employer that has directly received an
6-7 income-withholding order; and [to:]
6-8 (3) [(1)] the person or agency designated to receive
6-9 payments in the income-withholding order[;] or to
6-10 [(2)] the obligee, if no person or agency is
6-11 designated.
6-12 Sec. 159.507 [Sec. 159.502]. ADMINISTRATIVE ENFORCEMENT OF
6-13 ORDERS. (a) A party seeking to enforce a support order or an
6-14 income-withholding order, or both, issued by a tribunal of another
6-15 state may send the documents required for registering the order to
6-16 a support enforcement agency of this state.
6-17 (b) On receipt of the documents, the support enforcement
6-18 agency, without initially seeking to register the order, shall
6-19 consider and, if appropriate, use any administrative procedure
6-20 authorized by the law of this state to enforce a support order or
6-21 an income-withholding order, or both. If the obligor does not
6-22 contest administrative enforcement, the order need not be
6-23 registered. If the obligor contests the validity or administrative
6-24 enforcement of the order, the support enforcement agency shall
6-25 register the order under this chapter.
6-26 SECTION 14. Subsection (a), Section 159.604, Family Code, is
6-27 amended to read as follows:
6-28 (a) The law of the issuing state governs the nature, extent,
6-29 amount, and duration of current payments and other obligations of
6-30 support and the payment of arrearages under the order [only if a
6-31 party provides the court having jurisdiction over an action in this
6-32 state a certified copy of the applicable law of the state.
6-33 Otherwise, the law of this state applies].
6-34 SECTION 15. Subsections (a) and (b), Section 159.605, Family
6-35 Code, are amended to read as follows:
6-36 (a) When a support order or income-withholding order issued
6-37 in another state is registered, the registering tribunal shall
6-38 notify the nonregistering party. [Notice must be given by first
6-39 class, certified, or registered mail or by any means of personal
6-40 service authorized by the law of this state.] The notice must be
6-41 accompanied by a copy of the registered order and the documents and
6-42 relevant information accompanying the order.
6-43 (b) The notice must inform the nonregistering party:
6-44 (1) that a registered order is enforceable as of the
6-45 date of registration in the same manner as an order issued by a
6-46 tribunal of this state;
6-47 (2) that a hearing to contest the validity or
6-48 enforcement of the registered order must be requested within 20
6-49 days [not later than the 20th day] after [the date the] notice [was
6-50 mailed or personally served];
6-51 (3) that failure to contest the validity or
6-52 enforcement of the registered order in a timely manner:
6-53 (A) will result in confirmation of the order and
6-54 enforcement of the order and the alleged arrearages; and
6-55 (B) precludes further contest of that order with
6-56 respect to any matter that could have been asserted; and
6-57 (4) of the amount of any alleged arrearages.
6-58 SECTION 16. Subsections (a) and (c), Section 159.606, Family
6-59 Code, are amended to read as follows:
6-60 (a) A nonregistering party seeking to contest the validity
6-61 or enforcement of a registered order in this state shall [must]
6-62 request a hearing within 20 days [not later than the 20th day]
6-63 after [the date the] notice of the registration [was mailed or
6-64 personally served]. The nonregistering party may seek under
6-65 Section 159.607 to:
6-66 (1) vacate the registration;
6-67 (2) assert any defense to an allegation of
6-68 noncompliance with the registered order; or
6-69 (3) contest the remedies being sought or the amount of
7-1 any alleged arrearages.
7-2 (c) If a nonregistering party requests a hearing to contest
7-3 the validity or enforcement of the registered order, the
7-4 registering tribunal shall schedule the matter for hearing and give
7-5 notice to the parties [by first class mail] of the date, time, and
7-6 place of the hearing.
7-7 SECTION 17. Subsections (a) and (c), Section 159.611, Family
7-8 Code, are amended to read as follows:
7-9 (a) After a child support order issued in another state has
7-10 been registered in this state, the responding tribunal of this
7-11 state may modify the order only if Section 159.613 does not apply
7-12 and[,] after notice and hearing[,] the tribunal finds that:
7-13 (1) the following requirements are met:
7-14 (A) the child, the individual obligee, and the
7-15 obligor do not reside in the issuing state;
7-16 (B) a petitioner who is a nonresident of this
7-17 state seeks modification; and
7-18 (C) the respondent is subject to the personal
7-19 jurisdiction of the tribunal of this state; or
7-20 (2) [an individual party or] the child, or a party who
7-21 is an individual, is subject to the personal jurisdiction of the
7-22 tribunal of this state and all of the [individual] parties who are
7-23 individuals have filed in the issuing tribunal [a] written
7-24 consents for [consent that provides that] a tribunal of this state
7-25 to [may] modify the support order and assume continuing, exclusive
7-26 jurisdiction over the order; however, for the purposes of this
7-27 subdivision, if the issuing state is a foreign jurisdiction that
7-28 has not enacted a law or established procedures substantially
7-29 similar to the procedures under this chapter, the consent otherwise
7-30 required of an individual residing in this state is not required
7-31 for the tribunal to assume jurisdiction to modify the child support
7-32 order.
7-33 (c) A tribunal of this state may not modify any aspect of a
7-34 child support order that may not be modified under the law of the
7-35 issuing state. If two or more tribunals have issued child support
7-36 orders for the same obligor and child, the order that controls and
7-37 must be so recognized under Section 159.207 establishes the aspects
7-38 of the support order that are nonmodifiable.
7-39 SECTION 18. Subchapter G, Chapter 159, Family Code, is
7-40 amended by adding Sections 159.613 and 159.614 to read as follows:
7-41 Sec. 159.613. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF
7-42 ANOTHER STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE.
7-43 (a) If all of the parties who are individuals reside in this state
7-44 and the child does not reside in the issuing state, a tribunal of
7-45 this state has jurisdiction to enforce and to modify the issuing
7-46 state's child support order in a proceeding to register that order.
7-47 (b) A tribunal of this state exercising jurisdiction under
7-48 this section shall apply the provisions of Sections 159.101 through
7-49 159.209 and 159.601 through 159.614 and the procedural and
7-50 substantive law of this state to the proceeding for enforcement or
7-51 modification. Sections 159.301 through 159.507 and 159.701 through
7-52 159.802 do not apply.
7-53 Sec. 159.614. NOTICE TO ISSUING TRIBUNAL OF MODIFICATION.
7-54 Within 30 days after issuance of a modified child support order,
7-55 the party obtaining the modification shall file a certified copy of
7-56 the order with the issuing tribunal that had continuing, exclusive
7-57 jurisdiction over the earlier order and in each tribunal in which
7-58 the party knows the earlier order has been registered. A party who
7-59 obtains the order and fails to file a certified copy is subject to
7-60 appropriate sanctions by a tribunal in which the issue of failure
7-61 to file arises. The failure to file does not affect the validity
7-62 or enforceability of the modified order of the new tribunal having
7-63 continuing, exclusive jurisdiction.
7-64 SECTION 19. This Act takes effect September 1, 1997, and
7-65 applies only to an order, decree, or judgment entered on or after
7-66 that date.
7-67 SECTION 20. The importance of this legislation and the
7-68 crowded condition of the calendars in both houses create an
7-69 emergency and an imperative public necessity that the
8-1 constitutional rule requiring bills to be read on three several
8-2 days in each house be suspended, and this rule is hereby suspended.
8-3 * * * * *