§ 159.207. DETERMINATION OF CONTROLLING CHILD SUPPORT ORDER. (a) If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal controls and must be so recognized. (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 which order controls: (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 if an order has not been issued in the current home state of the child; and (3) if none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state shall issue a child support order that controls. (c) If two or more child support orders have been issued for the same obligor and same child, on request of a party who is an individual or a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls 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. (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) has continuing jurisdiction to the extent provided under Section 159.205 or 159.206. (f) A tribunal of this state that determines by order which order is 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) Within 30 days after issuance of an order determining which order is the controlling order, the party obtaining the order shall file a certified copy of the controlling order in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency that 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. Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 607, § 5, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1247, § 10, 11, eff. Sept. 1, 2003.

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Last modified: August 10, 2007