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Texas Family Code - Section 159.401. Petition To Establish Support Order

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 159.401. Petition To Establish Support Order

§ 159.401. PETITION TO ESTABLISH SUPPORT ORDER.  (a) If a 
support order entitled to recognition under this chapter has not 
been issued, a responding tribunal of this state may issue a support 
order if:
		(1)  the individual seeking the order resides in 
another state;  or         
		(2)  the support enforcement agency seeking the order 
is located in another state.
	(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;                                          
		(2)  a man petitioning to have his paternity 
adjudicated;                   
		(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.
	(c)  On finding, after notice and an opportunity to be heard, 
that an obligor owes a duty of support, the tribunal shall issue a 
support order directed to the obligor and may issue other orders 
under Section 159.305.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 2003, 78th Leg., ch. 1247, § 26, eff. Sept. 1, 
2003.

Last modified: August 11, 2007