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Texas Family Code - Section 159.205. Continuing, Exclusive Jurisdiction To Modify Child Support Order

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 159.205. Continuing, Exclusive Jurisdiction To Modify Child Support Order

§ 159.205. CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY 
CHILD SUPPORT ORDER.  (a) A tribunal of this state that has issued a 
child support order consistent with the law of this state has and 
shall exercise continuing, exclusive jurisdiction to modify its 
order if the order is the controlling order and:
		(1)  at the time a request for modification is filed, 
this state is the state of residence of the obligor, the individual 
obligee, or the child for whose benefit the support order is issued;  
or
		(2)  the parties consent in a record or in open court 
that the tribunal of this state may continue to exercise 
jurisdiction to modify its order.
	(b)  A tribunal of this state that has issued a child support 
order consistent with the law of this state may not exercise 
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.                                  
	(c)  A tribunal of this state shall recognize the continuing, 
exclusive jurisdiction of a tribunal of another state if the 
tribunal of the other 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.
	(d)  A tribunal of this state that does not have continuing, 
exclusive jurisdiction to modify a child support order may serve as 
an initiating tribunal to request a tribunal of another state to 
modify a support order issued in that state.
	(e)  A temporary support order issued ex parte or pending 
resolution of a jurisdictional conflict does not create continuing, 
exclusive jurisdiction in the issuing tribunal.
	(f)  Repealed by Acts 2003, 78th Leg., ch. 1247, § 46.                      

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 1997, 75th Leg., ch. 607, § 4, eff. Sept. 1, 
1997;  Acts 2003, 78th Leg., ch. 1247, § 7, 8, 46, eff. Sept. 1, 
2003.

Last modified: August 11, 2007