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Texas Family Code - Section 159.602. Procedure To Register Order For Enforcement

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 159.602. Procedure To Register Order For Enforcement

§ 159.602. PROCEDURE TO REGISTER ORDER FOR 
ENFORCEMENT.  (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 to be registered, including any modification of the order;
		(3)  a sworn statement by the person requesting 
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 person to whom 
support payments are to be remitted.
	(b)  On receipt of a request for registration, the 
registering tribunal shall cause the order to be filed as a foreign 
judgment, together with one copy of the documents and information, 
regardless of their form.
	(c)  A petition or comparable pleading seeking a remedy that 
must be affirmatively sought under other law of this state may be 
filed at the same time as the request for registration or later.  
The pleading must specify the grounds for the remedy sought.
	(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.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 2001, 77th Leg., ch. 296, § 3, eff. Sept. 1, 
2001;  Acts 2003, 78th Leg., ch. 1247, § 33, eff. Sept. 1, 2003.

Last modified: August 11, 2007