78R12001 KSD-F
By: Dutton H.B. No. 2318
Substitute the following for H.B. No. 2318:
By: Goodman C.S.H.B. No. 2318
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of child support obligations, including
interstate enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 154.004, Family Code, is amended to read
as follows:
Sec. 154.004. PLACE OF PAYMENT. (a) The court shall order
the payment of child support to [a local registry, the Title IV-D
agency, or] the state disbursement unit[,] as provided by Chapter
234[, as added by Chapter 911, Acts of the 75th Legislature, Regular
Session, 1997].
(b) In a Title IV-D case, the court or the Title IV-D agency
shall order that income withheld for child support be paid[:
[(1) to the Title IV-D agency through a local
registry, which shall forward the payment to the Title IV-D agency;
[(2) to the Title IV-D agency; or
[(3)] to the state disbursement unit of this state or,
if appropriate, to the state disbursement unit of another state.
(c) This section does not apply to a child support order
that:
(1) was initially rendered by a court before January
1, 1994; and
(2) is not being enforced by the Title IV-D agency.
SECTION 2. Section 158.502, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) The Title IV-D agency may issue an administrative writ
of withholding to direct child support payments to the state
disbursement unit of another state.
SECTION 3. Subchapter B, Chapter 159, Family Code, is
amended to read as follows:
SUBCHAPTER B. GENERAL PROVISIONS
Sec. 159.101. SHORT TITLE. This chapter may be cited as the
Uniform Interstate Family Support Act.
Sec. 159.102. DEFINITIONS. In this chapter:
(1) "Child" means an individual, whether over or under
the age of majority, who:
(A) is or is alleged to be owed a duty of support
by the individual's parent; or
(B) is or is alleged to be the beneficiary of a
support order directed to the parent.
(2) "Child support order" means a support order for a
child, including a child who has attained the age of majority under
the law of the issuing state.
(3) "Duty of support" means an obligation imposed or
imposable by law to provide support for a child, spouse, or former
spouse, including an unsatisfied obligation to provide support.
(4) "Home state" means the state in which a child lived
with a parent or a person acting as parent for at least six
consecutive months preceding the time of filing of a petition or a
comparable pleading for support and, if a child is less than six
months old, the state in which the child lived with a parent or a
person acting as parent from the time of birth. A period of
temporary absence of any of them is counted as part of the six-month
or other period.
(5) "Income" includes earnings or other periodic
entitlements to money from any source and any other property
subject to withholding for support under the law of this state.
(6) "Income-withholding order" means an order or other
legal process directed to an obligor's employer, as provided in
Chapter 158, to withhold support from the income of the obligor.
(7) "Initiating state" means a state from which a
proceeding is forwarded or in which a proceeding is filed for
forwarding to a responding state under this chapter or a law or
procedure substantially similar to this chapter[, the Uniform
Reciprocal Enforcement of Support Act, or the Revised Uniform
Reciprocal Enforcement of Support Act].
(8) "Initiating tribunal" means the authorized
tribunal in an initiating state.
(9) "Issuing state" means the state in which a
tribunal issues a support order or renders a judgment determining
parentage.
(10) "Issuing tribunal" means the tribunal that issues
a support order or renders a judgment determining parentage.
(11) "Law" includes decisional and statutory law and
rules and regulations having the force of law.
(12) "Obligee" means:
(A) an individual to whom a duty of support is or
is alleged to be owed or in whose favor a support order has been
issued or a judgment determining parentage has been rendered;
(B) a state or political subdivision to which the
rights under a duty of support or support order have been assigned
or that has independent claims based on financial assistance
provided to an individual obligee; or
(C) an individual seeking a judgment determining
parentage of the individual's child.
(13) "Obligor" means an individual or the estate of a
decedent:
(A) who owes or is alleged to owe a duty of
support;
(B) who is alleged but has not been adjudicated
to be a parent of a child; or
(C) who is liable under a support order.
(14) "Person" means an individual, corporation,
business trust, estate, trust, partnership, limited liability
company, association, joint venture, government, governmental
subdivision, agency, instrumentality, public corporation, or any
other legal or commercial entity.
(15) "Record" means information that is:
(A) inscribed on a tangible medium or stored in
an electronic or other medium; and
(B) retrievable in a perceivable form.
(16) "Register" means to file a support order or
judgment determining parentage in the registry of foreign support
orders.
(17) [(15)] "Registering tribunal" means a tribunal
in which a support order is registered.
(18) [(16)] "Responding state" means a state in which
a proceeding is filed or to which a proceeding is forwarded for
filing from an initiating state under this chapter or a law or
procedure substantially similar to this chapter[, the Uniform
Reciprocal Enforcement of Support Act, or the Revised Uniform
Reciprocal Enforcement of Support Act].
(19) [(17)] "Responding tribunal" means the
authorized tribunal in a responding state.
(20) [(18)] "Spousal support order" means a support
order for a spouse or former spouse of the obligor.
(21) [(19)] "State" means a state of the United
States, the District of Columbia, Puerto Rico, the United States
Virgin Islands, or any territory or insular possession subject to
the jurisdiction of the United States. The term includes:
(A) an Indian tribe; and
(B) a foreign country or political subdivision
[jurisdiction] that has:
(i) been declared to be a foreign
reciprocating country or political subdivision under federal law;
(ii) established a reciprocal arrangement
for child support with this state as provided by Section 159.308; or
(iii) enacted a law or established
procedures for issuance and enforcement of support orders that are
substantially similar to the procedures under this chapter[, the
Uniform Reciprocal Enforcement of Support Act, or the Revised
Uniform Reciprocal Enforcement of Support Act].
(22) [(20)] "Support enforcement agency" means a
public official or agency authorized to seek:
(A) enforcement of support orders or laws
relating to the duty of support;
(B) establishment or modification of child
support;
(C) determination of parentage; [or]
(D) the location of obligors or their assets; or
(E) determination of the controlling child
support order.
"Support enforcement agency" does not include a
domestic relations office unless that office has entered into a
cooperative agreement with the Title IV-D agency to perform duties
under this chapter.
(23) [(21)] "Support order" means a judgment, decree,
or order, whether temporary, final, or subject to modification, for
the benefit of a child, a spouse, or a former spouse that provides
for monetary support, health care, arrearages, or reimbursement and
may include related costs and fees, interest, income withholding,
attorney's fees, and other relief.
(24) [(22)] "Tribunal" means a court, administrative
agency, or quasi-judicial entity authorized to establish, enforce,
or modify support orders or to determine parentage.
Sec. 159.103. [159.102.] TRIBUNAL OF STATE. The court is
the tribunal of this state.
Sec. 159.104. [159.103.] REMEDIES CUMULATIVE. (a) Remedies
provided in this chapter are cumulative and do not affect the
availability of remedies under other law, including the recognition
of a support order of a foreign country or political subdivision on
the basis of comity.
(b) This chapter does not:
(1) provide the exclusive method of establishing or
enforcing a support order under the law of this state; or
(2) grant a tribunal of this state jurisdiction to
render a judgment or issue an order relating to child custody or
visitation in a proceeding under this chapter.
SECTION 4. Section 159.201, Family Code, is amended to read
as follows:
Sec. 159.201. BASES FOR JURISDICTION OVER NONRESIDENT. (a)
In a proceeding to establish[,] or enforce[, or modify] a support
order or to determine parentage, a tribunal of this state may
exercise personal jurisdiction over a nonresident individual or the
individual's guardian or conservator if:
(1) the individual is personally served with citation
in this state;
(2) the individual submits to the jurisdiction of this
state by consent, by entering a general appearance, or by filing a
responsive document having the effect of waiving any contest to
personal jurisdiction;
(3) the individual resided with the child in this
state;
(4) the individual resided in this state and provided
prenatal expenses or support for the child;
(5) the child resides in this state as a result of the
acts or directives of the individual;
(6) the individual engaged in sexual intercourse in
this state and the child may have been conceived by that act of
intercourse;
(7) the individual asserted parentage in the paternity
registry maintained in this state by the bureau of vital
statistics; or
(8) there is any other basis consistent with the
constitutions of this state and the United States for the exercise
of personal jurisdiction.
(b) A tribunal of this state may not use the bases of
personal jurisdiction listed in Subsection (a) or in any other law
of this state to acquire personal jurisdiction to modify a child
support order of another state unless the requirements of Section
159.611 or 159.615 are satisfied.
SECTION 5. Section 159.202, Family Code, is amended to read
as follows:
Sec. 159.202. DURATION OF PERSONAL [PROCEDURE WHEN
EXERCISING] JURISDICTION [OVER NONRESIDENT]. Personal [A tribunal
of this state exercising personal] jurisdiction acquired by a
tribunal of this state in a proceeding under this chapter or other
law of this state relating to a support order continues as long as
the [over a nonresident under Section 159.201 may apply Section
159.316 to receive evidence from another state and Section 159.318
to obtain discovery through a] tribunal has continuing, exclusive
jurisdiction to modify its order or continuing jurisdiction to
enforce its order under Sections 159.205, 159.206, and 159.211 [of
another state]. [In all other respects, Subchapters D-H do not
apply and the tribunal shall apply the procedural and substantive
law of this state, including the rules on choice of law other than
those established by this chapter.]
SECTION 6. The heading to Section 159.204, Family Code, is
amended to read as follows:
Sec. 159.204. SIMULTANEOUS PROCEEDINGS [IN ANOTHER STATE].
SECTION 7. The heading to Section 159.205, Family Code, is
amended to read as follows:
Sec. 159.205. CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY
CHILD SUPPORT ORDER.
SECTION 8. Sections 159.205(a), (b), (c), and (d), Family
Code, are amended to read as follows:
(a) A tribunal of this state that has issued [issuing] a
child support order consistent with the law of this state has and
shall exercise continuing, exclusive jurisdiction to modify its
[over a child support] order if the order is the controlling order
and:
(1) at the time a request for modification is filed,
[as long as] this state is [remains] the state of residence of the
obligor, the individual obligee, or the child for whose benefit the
support order is issued; or
(2) the [until all of the] parties consent in a record
or in open court that the [who are individuals have filed written
consents with the] tribunal of this state may continue to exercise
jurisdiction to [for a tribunal of another state to] modify its
[the] order [and assume continuing, exclusive jurisdiction].
(b) A tribunal of this state that has issued [issuing] a
child support order consistent with the law of this state may not
exercise [its] continuing, exclusive jurisdiction to modify the
order if:
(1) each party who is an individual files a consent in
a record with the tribunal of this state that a tribunal of another
state that has jurisdiction over at least one of the parties who is
an individual or that is located in the state of residence of the
child may modify the order and assume continuing, exclusive
jurisdiction; or
(2) the order is not the controlling order [the order
has been modified by a tribunal of another state under a law
substantially similar to this chapter].
(c) A tribunal of this state shall recognize the continuing,
exclusive jurisdiction of a tribunal of another state if the [If a
child support order of this state is modified by a] tribunal of the
other [another] state has issued a child support order that
modifies a child support order of a tribunal of this state under a
law substantially similar to this chapter[, a tribunal of this
state loses its continuing, exclusive jurisdiction with regard to
prospective enforcement of the order issued in this state and may
only:
[(1) enforce the order that was modified as to amounts
accruing before the modification;
[(2) enforce nonmodifiable aspects of that order; and
[(3) provide other appropriate relief for violations
of that order that occurred before the effective date of the
modification].
(d) A tribunal of this state that does not have [shall
recognize the] continuing, exclusive jurisdiction to modify a child
support order may serve as an initiating tribunal to request [of] a
tribunal of another state to modify a [that issued a child] support
order issued in that state [under a law substantially similar to
this chapter].
SECTION 9. Section 159.206, Family Code, is amended to read
as follows:
Sec. 159.206. [ENFORCEMENT AND MODIFICATION OF SUPPORT
ORDER BY TRIBUNAL HAVING] CONTINUING JURISDICTION TO ENFORCE CHILD
SUPPORT ORDER. (a) A tribunal of this state that has issued a child
support order consistent with the law of this state may serve as an
initiating tribunal to request a tribunal of another state to
enforce:
(1) the order, if the order:
(A) is the controlling order; and
(B) has not been modified by a tribunal of
another state that assumed jurisdiction under the Uniform
Interstate Family Support Act; or
(2) a money judgment for support arrearages and
interest on the order accrued before a determination that an order
of another state is the controlling order [or modify a support order
issued in that state].
(b) A tribunal of this state having continuing[, exclusive]
jurisdiction over a support order may act as a responding tribunal
to enforce [or modify] the order. [If a party subject to the
tribunal's continuing, exclusive jurisdiction no longer resides in
the issuing state, in subsequent proceedings the tribunal may apply
Section 159.316 to receive evidence from another state and Section
159.318 to obtain discovery through a tribunal of another state.
[(c) A tribunal of this state that lacks continuing,
exclusive jurisdiction over a spousal support order may not serve
as a responding tribunal to modify a spousal support order of
another state.]
SECTION 10. The heading to Section 159.207, Family Code, is
amended to read as follows:
Sec. 159.207. DETERMINATION [RECOGNITION] OF CONTROLLING
CHILD SUPPORT ORDER.
SECTION 11. Section 159.207, Family Code, is amended by
amending Subsections (b), (c), (d), (e), and (f) and adding
Subsections (g) and (h) to read as follows:
(b) If a proceeding is brought under this chapter and two or
more child support orders have been issued by tribunals of this
state or another state with regard to the same obligor and same
child, a tribunal of this state having personal jurisdiction over
both the obligor and individual obligee shall apply the following
rules to determine by order [in determining] which order controls
[to recognize for purposes of continuing, exclusive jurisdiction]:
(1) if only one of the tribunals would have
continuing, exclusive jurisdiction under this chapter, the order of
that tribunal controls and must be so recognized;
(2) if more than one of the tribunals would have
continuing, exclusive jurisdiction under this chapter:
(A) [,] an order issued by a tribunal in the
current home state of the child controls if an order is issued in
the current home state of the child; or
(B) the order most recently issued controls [and
must be so recognized, but] if an order has not been issued in the
current home state of the child[, the order most recently issued
controls and must be so recognized]; and
(3) if none of the tribunals would have continuing,
exclusive jurisdiction under this chapter, the tribunal of this
state [having jurisdiction over the parties] shall issue a child
support order that controls [and must be so recognized].
(c) If two or more child support orders have been issued for
the same obligor and same child [and if the obligor or the
individual obligee resides in this state], on request of a party who
is an individual or a support enforcement agency, [may request] a
tribunal of this state having personal jurisdiction over both the
obligor and the obligee who is an individual shall [to] determine
which order controls [and must be so recognized] under Subsection
(b). The request may be filed:
(1) with a registration for enforcement or
registration for modification under Subchapter G; or
(2) as a separate proceeding [must be accompanied by a
certified copy of every support order in effect. The requesting
party shall give notice of the request to each party whose rights
may be affected by the determination].
(d) A request to determine the controlling order must be
accompanied by a copy of each child support order in effect and the
applicable record of payments. The requesting party shall give
notice of the request to each party whose rights may be affected by
the determination.
(e) The tribunal that issued the controlling order under
Subsection (a), (b), or (c) [is the tribunal that] has continuing[,
exclusive] jurisdiction to the extent provided under Section
159.205 or 159.206.
(f) [(e)] A tribunal of this state that determines by order
which order is [the identity of] the controlling order under
Subsection (b)(1) or (2) or Subsection (c) or that issues a new
controlling order under Subsection (b)(3) shall state in that
order:
(1) the basis upon which the tribunal made its
determination;
(2) the amount of prospective child support, if any;
and
(3) the total amount of consolidated arrearages and
accrued interest, if any, under the orders after all payments are
credited under Section 159.209.
(g) [(f)] Within 30 days after issuance of an order
determining which order is [the identity of] the controlling order,
the party obtaining the order shall file a certified copy of the
controlling order in [it with] each tribunal that issued or
registered an earlier order of child support. A party or support
enforcement agency that [who] obtains the order and fails to file a
certified copy of the order is subject to appropriate sanctions by a
tribunal in which the issue of failure to file arises. The failure
to file does not affect the validity or enforceability of the
controlling order.
(h) An order that has been determined to be the controlling
order, or a judgment for consolidated support arrearages and
interest issued under this section, must be recognized in a
proceeding under this chapter.
SECTION 12. Subchapter C, Chapter 159, Family Code, is
amended by amending Sections 159.208 and 159.209 and adding
Sections 159.210 and 159.211 to read as follows:
Sec. 159.208. [MULTIPLE] CHILD SUPPORT ORDERS FOR TWO OR
MORE OBLIGEES. In responding to [multiple] registrations or
petitions for enforcement of two or more child support orders in
effect at the same time with regard to the same obligor and
different individual obligees, at least one of which was issued by a
tribunal of another state, a tribunal of this state shall enforce
those orders in the same manner as if the [multiple] orders had been
issued by a tribunal of this state.
Sec. 159.209. CREDIT FOR PAYMENTS. A tribunal of this state
shall credit amounts [Amounts] collected [and credited] for a
particular period under a support order [issued by a tribunal of
another state must be credited] against the amounts owed [accruing
or accrued] for the same period under any other child [a] support
order for support of the same child issued by a [the] tribunal of
this or another state.
Sec. 159.210. APPLICABILITY TO NONRESIDENT SUBJECT TO
PERSONAL JURISDICTION. (a) Except as provided by Subsection (b),
Subchapters D-H do not apply to a tribunal of this state exercising
personal jurisdiction over a nonresident in a proceeding under this
chapter or under other law of this state relating to a support order
or recognizing a support order of a foreign country or political
subdivision on the basis of comity. The tribunal shall apply the
procedural and substantive law of this state in a proceeding
described by this subsection.
(b) Notwithstanding Subsection (a), a tribunal of this
state exercising personal jurisdiction over a nonresident in a
proceeding under this chapter or under other law of this state
relating to a support order or recognizing a support order of a
foreign country or political subdivision on the basis of comity
may:
(1) receive evidence from another state as provided by
Section 159.316;
(2) communicate with a tribunal of another state as
provided by Section 159.317; and
(3) obtain discovery through a tribunal of another
state as provided by Section 159.318.
Sec. 159.211. CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY
SPOUSAL SUPPORT ORDER. (a) A tribunal of this state issuing a
spousal support order consistent with the law of this state has
continuing, exclusive jurisdiction to modify the spousal support
order throughout the existence of the support obligation.
(b) A tribunal of this state may not modify a spousal
support order issued by a tribunal of another state having
continuing, exclusive jurisdiction over that order under the law of
that state.
(c) A tribunal of this state that has continuing, exclusive
jurisdiction over a spousal support order may serve as:
(1) an initiating tribunal to request a tribunal of
another state to enforce the spousal support order issued in this
state; or
(2) a responding tribunal to enforce or modify its own
spousal support order.
SECTION 13. Section 159.301(c), Family Code, is amended to
read as follows:
(c) An individual or a support enforcement agency may
initiate [commence] a proceeding authorized under this chapter by
filing a petition in an initiating tribunal for forwarding to a
responding tribunal or by filing a petition or a comparable
pleading directly in a tribunal of another state that has or that
can obtain personal jurisdiction over the respondent.
SECTION 14. The heading to Section 159.302, Family Code, is
amended to read as follows:
Sec. 159.302. PROCEEDING [ACTION] BY MINOR PARENT.
SECTION 15. Sections 159.303 and 159.304, Family Code, are
amended to read as follows:
Sec. 159.303. APPLICATION OF LAW OF STATE. Except as
otherwise provided in this chapter, a responding tribunal of this
state shall:
(1) apply the procedural and substantive law[,
including the rules on choice of law,] generally applicable to
similar proceedings originating in this state and may exercise all
powers and provide all remedies available in those proceedings; and
(2) determine the duty of support and the amount
payable in accordance with the law and support guidelines of this
state.
Sec. 159.304. DUTIES OF INITIATING TRIBUNAL. (a) On the
filing of a petition authorized by this chapter, an initiating
tribunal of this state shall forward [three copies of] the petition
and its accompanying documents:
(1) to the responding tribunal or appropriate support
enforcement agency in the responding state; or
(2) if the identity of the responding tribunal is
unknown, to the state information agency of the responding state
with a request that they be forwarded to the appropriate tribunal
and that receipt be acknowledged.
(b) If requested by the responding tribunal, a [responding
state has not enacted the Uniform Interstate Family Support Act or a
law or procedure substantially similar to that Act, a] tribunal of
this state shall [may] issue a certificate or other document and
make findings required by the law of the responding state. If the
responding state is a foreign country or political subdivision
[jurisdiction], the tribunal shall [may] specify the amount of
support sought, convert that amount into the equivalent amount in
the foreign currency under the applicable official or market
exchange rate as publicly reported, and provide any other documents
necessary to satisfy the requirements of the responding state.
SECTION 16. Section 159.305, Family Code, is amended by
amending Subsection (b) and adding Subsection (f) to read as
follows:
(b) Except as prohibited by other law, a [A] responding
tribunal of this state[, to the extent otherwise authorized by
law,] may do one or more of the following:
(1) issue or enforce a support order, modify a child
support order, determine the controlling child support order, or
[render a judgment to] determine parentage;
(2) order an obligor to comply with a support order and
specify the amount and the manner of compliance;
(3) order income withholding;
(4) determine the amount of any arrearages and specify
a method of payment;
(5) enforce orders by civil or criminal contempt, or
both;
(6) set aside property for satisfaction of the support
order;
(7) place liens and order execution on the obligor's
property;
(8) order an obligor to keep the tribunal informed of
the obligor's current residential address, telephone number,
employer, address of employment, and telephone number at the place
of employment;
(9) issue a bench warrant or capias for an obligor who
has failed after proper notice to appear at a hearing ordered by the
tribunal and enter the bench warrant or capias in any local and
state computer systems for criminal warrants;
(10) order the obligor to seek appropriate employment
by specified methods;
(11) award reasonable attorney's fees and other fees
and costs; and
(12) grant any other available remedy.
(f) If requested to enforce a support order, arrearages, or
a judgment or to modify a support order stated in a foreign
currency, a responding tribunal of this state shall convert the
amount stated in the foreign currency to the equivalent amount in
dollars under the applicable official or market exchange rate as
publicly reported.
SECTION 17. Section 159.307, Family Code, is amended by
amending Subsections (b) and (c) and adding Subsections (d), (e),
and (f) to read as follows:
(b) A support enforcement agency of this state that provides
services to the petitioner [as appropriate] shall:
(1) take all steps necessary to enable an appropriate
tribunal in this state or another state to obtain jurisdiction over
the respondent;
(2) request an appropriate tribunal to set a date,
time, and place for a hearing;
(3) make a reasonable effort to obtain all relevant
information, including information as to income and property of the
parties;
(4) not later than the second day, excluding
Saturdays, Sundays, and legal holidays, after the date of receipt
of a written notice in a record from an initiating, responding, or
registering tribunal, send a copy of the notice to the petitioner;
(5) not later than the second day, excluding
Saturdays, Sundays, and legal holidays, after the date of receipt
of a written communication in a record from the respondent or the
respondent's attorney, send a copy of the communication to the
petitioner; and
(6) notify the petitioner if jurisdiction over the
respondent cannot be obtained.
(c) A support enforcement agency of this state that requests
registration of a child support order in this state for enforcement
or for modification shall make reasonable efforts to ensure that:
(1) the order to be registered is the controlling
order; or
(2) a request for a determination of which order is the
controlling order is made in a tribunal having jurisdiction to make
the determination, if two or more child support orders have been
issued and a determination of the controlling order has not been
made.
(d) A support enforcement agency of this state that requests
registration and enforcement of a support order, arrearages, or a
judgment stated in a foreign currency shall convert the amount
stated in the foreign currency to the equivalent amount in dollars
under the applicable official or market exchange rate as publicly
reported.
(e) A support enforcement agency of this state shall issue,
or request a tribunal of this state to issue, a child support order
and an income-withholding order that redirects payment of current
support, arrearages, and interest if requested to do so by a support
enforcement agency of another state under Section 159.319.
(f) This chapter does not create or negate a relationship of
attorney and client or other fiduciary relationship between a
support enforcement agency or the attorney for the agency and the
individual being assisted by the agency.
SECTION 18. Section 159.308, Family Code, is amended to
read as follows:
Sec. 159.308. DUTY OF CERTAIN STATE OFFICIALS. (a) If the
attorney general determines that the support enforcement agency is
neglecting or refusing to provide services to an individual, the
attorney general may order the agency to perform its duties under
this chapter or may provide those services directly to the
individual.
(b) The governor may determine that a foreign country or
political subdivision has established a reciprocal arrangement for
child support with this state and take appropriate action for
notification of the determination.
SECTION 19. Section 159.310(b), Family Code, is amended to
read as follows:
(b) The state information agency shall:
(1) compile and maintain a current list, including
addresses, of the tribunals in this state that have jurisdiction
under this chapter and any support enforcement agencies in this
state and send a copy to the state information agency of every other
state;
(2) maintain a register of names and addresses of
tribunals and support enforcement agencies received from other
states;
(3) forward to the appropriate tribunal in the county
[place] in this state where the [individual] obligee who is an
individual or the obligor resides, or where the obligor's property
is believed to be located, all documents concerning a proceeding
under this chapter received from an initiating tribunal or the
state information agency of the initiating state; and
(4) obtain information concerning the location of the
obligor and the obligor's property in this state not exempt from
execution, by such means as postal verification and federal or
state locator services, examination of telephone directories,
requests for the obligor's address from employers, and examination
of governmental records, including, to the extent not prohibited by
other law, those relating to real property, vital statistics, law
enforcement, taxation, motor vehicles, driver's licenses, and
social security.
SECTION 20. Section 159.311(a), Family Code, is amended to
read as follows:
(a) In a proceeding under this chapter, a [A] petitioner
seeking to establish [or modify] a support order, [or] to determine
parentage, or to register and modify a support order of another
state [in a proceeding under this chapter] must file a [verify the]
petition. Unless otherwise ordered under Section 159.312, the
petition or accompanying documents must provide, so far as known,
the name, residential address, and social security numbers of the
obligor and the obligee or the parent and alleged parent and the
name, sex, residential address, social security number, and date of
birth of each child for whose benefit [whom] support is sought or
whose parentage is to be determined. Unless filed at the time of
registration, the [The] petition must be accompanied by a
[certified] copy of any support order known to have been issued by
another tribunal [in effect]. The petition may include any other
information that may assist in locating or identifying the
respondent.
SECTION 21. Section 159.312, Family Code, is amended to
read as follows:
Sec. 159.312. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL
CIRCUMSTANCES. If a party alleges in an affidavit or pleading under
oath [On a finding, which may be made ex parte,] that the health,
safety, or liberty of a party or child would be jeopardized
[unreasonably put at risk] by [the] disclosure of specific
identifying information regarding the party or the child, the
identifying information shall be sealed and may not be disclosed to
the other party or to the public. After a hearing in which a
tribunal considers the health, safety, or liberty of the party or
the child, the [or if an existing order so provides, a] tribunal may
[shall] order disclosure of [that the address of the child or party
or other identifying] information if the tribunal determines that
the disclosure serves the interests of justice [not be disclosed in
a pleading or other document filed in a proceeding under this
chapter].
SECTION 22. Section 159.314(a), Family Code, is amended to
read as follows:
(a) Participation by a petitioner in a proceeding under this
chapter before a responding tribunal, whether in person, by private
attorney, or through services provided by the support enforcement
agency, does not confer personal jurisdiction over the petitioner
in another proceeding.
SECTION 23. Sections 159.316(a), (b), (e), and (f), Family
Code, are amended to read as follows:
(a) The physical presence of a nonresident party who is an
individual [the petitioner] in a [responding] tribunal of this
state is not required for the establishment, enforcement, or
modification of a support order or the rendition of a judgment
determining parentage.
(b) An [A verified petition,] affidavit, a document
substantially complying with federally mandated forms, or [and] a
document incorporated by reference in an affidavit or document,
that would [the petition, affidavit, or document,] not be
[excluded] under the hearsay rule if given in person, is [are]
admissible in evidence if given under penalty of perjury [oath] by a
party or witness residing in another state.
(e) Documentary evidence transmitted [sent] from another
state to a tribunal of this state by telephone, telecopier, or
another means that does not provide an original record [writing]
may not be excluded from evidence on an objection based on the means
of transmission.
(f) In a proceeding under this chapter, a tribunal of this
state shall [may] permit a party or witness residing in another
state to be deposed or to testify by telephone, audiovisual means,
or other electronic means at a designated tribunal or other
location in that state. A tribunal of this state shall cooperate
with a tribunal of another state in designating an appropriate
location for the deposition or testimony.
SECTION 24. Section 159.317, Family Code, is amended to
read as follows:
Sec. 159.317. COMMUNICATIONS BETWEEN TRIBUNALS. A tribunal
of this state may communicate with a tribunal of another state or of
a foreign country or political subdivision in a record [writing],
by telephone, or by other [another] means, to obtain information
concerning the laws [of that state], the legal effect of a judgment,
decree, or order of that tribunal, and the status of a proceeding in
the other state, foreign country, or political subdivision. A
tribunal of this state may furnish similar information by similar
means to a tribunal of another state or of a foreign country or
political subdivision.
SECTION 25. Section 159.319, Family Code, is amended to
read as follows:
Sec. 159.319. RECEIPT AND DISBURSEMENT OF PAYMENTS. (a) A
support enforcement agency or tribunal of this state shall disburse
promptly any amounts received under a support order, as directed by
the order. The agency or tribunal shall furnish to a requesting
party or tribunal of another state a certified statement by the
custodian of the record of the amounts and dates of all payments
received.
(b) If the obligor, the obligee who is an individual, and
the child do not reside in this state, on request from the support
enforcement agency of this state or another state, the support
enforcement agency of this state or a tribunal of this state shall:
(1) direct that the support payment be made to the
support enforcement agency in the state in which the obligee is
receiving services; and
(2) issue and send to the obligor's employer a
conforming income-withholding order or an administrative notice of
change of payee reflecting the redirected payments.
(c) The support enforcement agency of this state on
receiving redirected payments from another state under a law
similar to Subsection (b) shall provide to a requesting party or a
tribunal of the other state a certified statement by the custodian
of the record of the amount and dates of all payments received.
SECTION 26. Section 159.401(b), Family Code, is amended to
read as follows:
(b) The tribunal may issue a temporary child support order
if the tribunal determines that the order is appropriate and the
individual ordered to pay is:
(1) a presumed father of the child [the respondent has
signed a verified statement acknowledging parentage];
(2) a man petitioning to have his paternity
adjudicated [the respondent has been determined by or under law to
be the parent]; [or]
(3) a man identified as the father of the child through
genetic testing;
(4) an alleged father who has declined to submit to
genetic testing;
(5) a man shown by clear and convincing evidence to be
the father of the child;
(6) an acknowledged father as provided by applicable
state law;
(7) the mother of the child; or
(8) an individual who has been ordered to pay child
support in a previous proceeding and the order has not been reversed
or vacated [there is other clear and convincing evidence that the
respondent is the child's parent].
SECTION 27. Section 159.501, Family Code, is amended to
read as follows:
Sec. 159.501. EMPLOYER'S RECEIPT OF INCOME-WITHHOLDING
ORDER OF ANOTHER STATE. An income-withholding order issued in
another state may be sent by or on behalf of the obligee or by the
support enforcement agency to the person defined as [to] the
obligor's employer under Chapter 158 without first filing a
petition or comparable pleading or registering the order with a
tribunal of this state.
SECTION 28. Section 159.502(c), Family Code, is amended to
read as follows:
(c) Except as otherwise provided in Subsection (d) and
Section 159.503, the employer shall withhold and distribute the
funds as directed in the withholding order by complying with terms
of the order that specify:
(1) the duration and amount of periodic payments of
current child support, stated as a sum certain;
(2) the person [or agency] designated to receive
payments and the address to which the payments are to be forwarded;
(3) medical support, whether in the form of periodic
cash payments, stated as a sum certain, or ordering the obligor to
provide health insurance coverage for the child under a policy
available through the obligor's employment;
(4) the amount of periodic payments of fees and costs
for a support enforcement agency, the issuing tribunal, and the
obligee's attorney, stated as sums certain; and
(5) the amount of periodic payments of arrearages and
interest on arrearages, stated as sums certain.
SECTION 29. Section 159.503, Family Code, is amended to
read as follows:
Sec. 159.503. EMPLOYER'S COMPLIANCE WITH TWO OR MORE
[MULTIPLE] INCOME-WITHHOLDING ORDERS. If an obligor's employer
receives two or more [multiple] income-withholding orders with
respect to the earnings of the same obligor, the employer satisfies
the terms of the [multiple] orders if the employer complies with the
law of the state of the obligor's principal place of employment to
establish the priorities for withholding and allocating income
withheld for two or more [multiple] child support obligees.
SECTION 30. Section 159.506, Family Code, is amended to
read as follows:
Sec. 159.506. CONTEST BY OBLIGOR. (a) An obligor may
contest the validity or enforcement of an income-withholding order
issued in another state and received directly by an employer in this
state by registering the order in a tribunal of this state and:
(1) filing a contest to that order under Subchapter G;
or
(2) contesting the order in the same manner as if the
order had been issued by a tribunal of this state. [Section 159.604
applies to the contest.]
(b) The obligor shall give notice of the contest to:
(1) a support enforcement agency providing services to
the obligee;
(2) each employer that has directly received an
income-withholding order relating to the obligor; and
(3) the person [or agency] designated to receive
payments in the income-withholding order or to the obligee, if no
person [or agency] is designated.
SECTION 31. Section 159.507(a), Family Code, is amended to
read as follows:
(a) A party or support enforcement agency seeking to enforce
a support order or an income-withholding order, or both, issued by a
tribunal of another state may send the documents required for
registering the order to a support enforcement agency of this
state.
SECTION 32. The heading to Subchapter G, Chapter 159,
Family Code, is amended to read as follows:
SUBCHAPTER G. REGISTRATION, ENFORCEMENT, AND MODIFICATION OF
SUPPORT ORDER [AFTER REGISTRATION]
SECTION 33. Section 159.602, Family Code, is amended by
amending Subsection (a) and adding Subsections (d) and (e) to read
as follows:
(a) A support order or income-withholding order of another
state may be registered in this state by sending to the appropriate
tribunal in this state:
(1) a letter of transmittal to the tribunal requesting
registration and enforcement;
(2) two copies, including one certified copy, of the
order [all orders] to be registered, including any modification of
the [an] order;
(3) a sworn statement by the person requesting [party
seeking] registration or a certified statement by the custodian of
the records showing the amount of any arrearage;
(4) the name of the obligor and, if known:
(A) the obligor's address and social security
number;
(B) the name and address of the obligor's
employer and any other source of income of the obligor; and
(C) a description of and the location of property
of the obligor in this state not exempt from execution; and
(5) except as otherwise provided by Section 159.312,
the name of the obligee and, if applicable, the [agency or] person
to whom support payments are to be remitted.
(d) If two or more orders are in effect, the person
requesting registration shall:
(1) provide to the tribunal a copy of each support
order and the documents specified in this section;
(2) identify the order alleged to be the controlling
order, if any; and
(3) state the amount of consolidated arrearages, if
any.
(e) A request for a determination of which order is the
controlling order may be filed separately from or with a request for
registration and enforcement or for registration and modification.
The person requesting registration shall give notice of the request
to each party whose rights may be affected by the determination.
SECTION 34. Section 159.604, Family Code, is amended to
read as follows:
Sec. 159.604. CHOICE OF LAW. (a) Except as provided by
Subsection (d), the [The] law of the issuing state governs:
(1) the nature, extent, amount, and duration of
current payments under a registered support order;
(2) [and other obligations of support and] the
computation and payment of arrearages and accrual of interest on
the arrearages under the support order; and
(3) the existence and satisfaction of other
obligations under the support order.
(b) In a proceeding for arrearages under a registered
support order, the statute of limitation [under the laws] of this
state or of the issuing state, whichever [statute of limitation] is
longer, applies.
(c) A responding tribunal in this state shall apply the
procedures and remedies of this state to enforce current support
and collect arrearages and interest due on a support order of
another state registered in this state.
(d) After a tribunal of this or another state determines
which order is the controlling order and issues an order
consolidating arrearages, if any, the tribunal of this state shall
prospectively apply the law of the state issuing the controlling
order, including that state's law on interest on arrearages,
current and future support, and consolidated arrearages.
SECTION 35. Section 159.605, Family Code, is amended by
amending Subsections (b) and (c) and adding Subsection (d) to read
as follows:
(b) A [The] notice under this section must inform the
nonregistering party:
(1) that a registered order is enforceable as of the
date of registration in the same manner as an order issued by a
tribunal of this state;
(2) that a hearing to contest the validity or
enforcement of the registered order must be requested within 20
days after notice;
(3) that failure to contest the validity or
enforcement of the registered order in a timely manner:
(A) will result in confirmation of the order and
enforcement of the order and the alleged arrearages; and
(B) precludes further contest of that order with
respect to any matter that could have been asserted; and
(4) of the amount of any alleged arrearages.
(c) If the registering party asserts that two or more orders
are in effect, the notice under this section must also:
(1) identify:
(A) the orders, including which order is alleged
by the registering person to be the controlling order; and
(B) the consolidated arrearages, if any;
(2) notify the nonregistering party of the right to a
determination of which order is the controlling order;
(3) state that the procedures provided in Subsection
(b) apply to the determination of which order is the controlling
order; and
(4) state that failure to contest the validity or
enforcement of the order alleged to be the controlling order in a
timely manner may result in confirmation that the order is the
controlling order.
(d) On registration of an income-withholding order for
enforcement, the registering tribunal shall notify the obligor's
employer under Chapter 158.
SECTION 36. Section 159.607(a), Family Code, is amended to
read as follows:
(a) A party contesting the validity or enforcement of a
registered order or seeking to vacate the registration has the
burden of proving one or more of the following defenses:
(1) the issuing tribunal lacked personal jurisdiction
over the contesting party;
(2) the order was obtained by fraud;
(3) the order has been vacated, suspended, or modified
by a later order;
(4) the issuing tribunal has stayed the order pending
appeal;
(5) there is a defense under the law of this state to
the remedy sought;
(6) full or partial payment has been made; [or]
(7) the statute of limitation under Section 159.604
precludes enforcement of some or all of the alleged arrearages; or
(8) the alleged controlling order is not the
controlling order.
SECTION 37. Section 159.610, Family Code, is amended to
read as follows:
Sec. 159.610. EFFECT OF REGISTRATION FOR MODIFICATION. A
tribunal of this state may enforce a child support order of another
state registered for purposes of modification in the same manner as
if the order had been issued by a tribunal of this state, but the
registered order may be modified only if the requirements of
Section 159.611, 159.613, or 159.615 have been met.
SECTION 38. Section 159.611, Family Code, is amended by
amending Subsections (a), (c), and (d) and adding Subsection (e) to
read as follows:
(a) Except as provided by Section 159.615, on petition a
tribunal of this state may modify [After] a child support order
issued in another state and [has been] registered in this state[,
the responding tribunal of this state may modify the order] only if
Section 159.613 does not apply and after notice and hearing the
tribunal finds that:
(1) the following requirements are met:
(A) the child, the [individual] obligee who is an
individual, and the obligor do not reside in the issuing state;
(B) a petitioner who is a nonresident of this
state seeks modification; and
(C) the respondent is subject to the personal
jurisdiction of the tribunal of this state; or
(2) this state is the state of residence of the child
and the child, or a party who is an individual, is subject to the
personal jurisdiction of the tribunal of this state and all of the
parties who are individuals have filed in a record in the issuing
tribunal [written] consents for a tribunal of this state to modify
the support order and assume continuing, exclusive jurisdiction
[over the order; however, for the purposes of this subdivision, if
the issuing state is a foreign jurisdiction that has not enacted a
law or established procedures substantially similar to the
procedures under this chapter, the consent otherwise required of an
individual residing in this state is not required for the tribunal
to assume jurisdiction to modify the child support order].
(c) Except as provided by Section 159.615, a [A] tribunal of
this state may not modify any aspect of a child support order,
including the duration of the obligation of support, that may not be
modified under the law of the issuing state. If two or more
tribunals have issued child support orders for the same obligor and
same child, the order that controls and must be [so] recognized
under Section 159.207 establishes the aspects of the support order
that are nonmodifiable.
(d) On issuance of an order by a tribunal of this state
modifying a child support order issued in another state, the [a]
tribunal of this state becomes the tribunal of continuing,
exclusive jurisdiction.
(e) In a proceeding to modify a child support order, the law
of the state that is determined to have issued the initial
controlling order governs the duration of the obligation of
support. The obligor's fulfillment of the duty of support
established by that order precludes imposition of a further
obligation of support by a tribunal of this state.
SECTION 39. Section 159.612, Family Code, is amended to
read as follows:
Sec. 159.612. RECOGNITION OF ORDER MODIFIED IN ANOTHER
STATE. If a child support order issued by a [A] tribunal of this
state is modified [shall recognize a modification of its earlier
child support order] by a tribunal of another state that assumed
jurisdiction under the Uniform Interstate Family Support Act, a
tribunal of this state [under a law substantially similar to this
chapter and, except as otherwise provided in this chapter, shall on
request]:
(1) may enforce the order that was modified only as to
arrearages and interest [amounts] accruing before the
modification;
(2) may [enforce only nonmodifiable aspects of the
order;
[(3)] provide [other] appropriate relief [only] for
violations [a violation] of the order that occurred before the
effective date of the modification; and
(3) shall [(4)] recognize the modifying order of the
other state, on registration, for the purpose of enforcement.
SECTION 40. Subchapter G, Chapter 159, Family Code, is
amended by adding Section 159.615 to read as follows:
Sec. 159.615. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF
FOREIGN COUNTRY OR POLITICAL SUBDIVISION. (a) If a foreign country
or political subdivision that is a state refuses to modify its order
or may not under its law modify its order, a tribunal of this state
may assume jurisdiction to modify the child support order and bind
all individuals subject to the personal jurisdiction of the
tribunal regardless of whether:
(1) consent to modification of a child support order
has been given under Section 159.611; or
(2) the individual seeking modification is a resident
of this state or of the foreign country or political subdivision.
(b) An order issued under this section is the controlling
order.
SECTION 41. Section 159.701, Family Code, is amended to
read as follows:
Sec. 159.701. PROCEEDING TO DETERMINE PARENTAGE. [(a)] A
court [tribunal] of this state authorized to determine the
parentage of a child may serve as a [an initiating or] responding
tribunal in a proceeding to determine parentage brought under this
chapter or a law substantially similar to this chapter[, the
Uniform Reciprocal Enforcement of Support Act, or the Revised
Uniform Reciprocal Enforcement of Support Act to determine that the
petitioner is a parent of a particular child or to determine that a
respondent is a parent of that child].
[(b) In a proceeding to determine parentage, a responding
tribunal of this state shall apply the procedural and substantive
law of this state and the rules of this state on choice of law.]
SECTION 42. Section 159.801(b), Family Code, is amended to
read as follows:
(b) The governor of this state may:
(1) demand that the governor of another state
surrender an individual found in the other state who is charged
criminally in this state with having failed to provide for the
support of an obligee; or
(2) on the demand of [by] the governor of another
state, surrender an individual found in this state who is charged
criminally in the other state with having failed to provide for the
support of an obligee.
SECTION 43. Section 159.802(b), Family Code, is amended to
read as follows:
(b) If, under this chapter or a law substantially similar to
this chapter, [the Uniform Reciprocal Enforcement of Support Act,
or the Revised Uniform Reciprocal Enforcement of Support Act,] the
governor of another state makes a demand that the governor of this
state surrender an individual charged criminally in that state with
having failed to provide for the support of a child or other
individual to whom a duty of support is owed, the governor may
require a prosecutor to investigate the demand and report whether a
proceeding for support has been initiated or would be effective. If
it appears that a proceeding would be effective but has not been
initiated, the governor may delay honoring the demand for a
reasonable time to permit the initiation of a proceeding.
SECTION 44. Section 159.901, Family Code, is amended to
read as follows:
Sec. 159.901. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
In applying and construing this chapter, consideration must be
given to the need to promote uniformity of [This chapter shall be
applied and construed to effectuate its general purpose to make
uniform] the law with respect to the subject matter of this chapter
among states that enact a law similar to this chapter [enacting it].
SECTION 45. Section 234.007, Family Code, is amended by
adding Subsection (f) to read as follows:
(f) The notice under Subsection (b) may be used by the Title
IV-D agency to redirect child support payments from the state
disbursement unit of this state to the state disbursement unit of
another state.
SECTION 46. Sections 159.205(f), 159.301(b), and 159.902,
Family Code, are repealed.
SECTION 47. (a) The changes in law made by this Act to
Section 154.004, Family Code, apply only to a court order or a
portion of a decree that provides for the support of a child that is
rendered on or after the effective date of this Act. An order or
decree rendered before the effective date of this Act is governed by
the law in effect on the date the order or decree was rendered, and
the former law is continued in effect for that purpose.
(b) Except as provided by Subsection (a), the changes in law
made by this Act apply only to an interstate proceeding to
establish, modify, or enforce a support obligation or to determine
parentage began on or after the effective date of this Act. A
proceeding begun before the effective date is governed by the law in
effect on the date the proceeding began, and the former law is
continued in effect for that purpose.
SECTION 48. This Act takes effect September 1, 2003.