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Texas Family Code - Section 159.207. Determination Of Controlling Child Support Order

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 159.207. Determination Of Controlling Child Support Order

§ 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.

Last modified: August 11, 2007