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Texas Family Code - Section 159.607. Contest Of Registration Or Enforcement

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 159.607. Contest Of Registration Or Enforcement

§ 159.607. CONTEST OF REGISTRATION OR ENFORCEMENT.  (a) A 
party contesting the validity or enforcement of a registered order 
or seeking to vacate the registration has the burden of proving one 
or more of the following defenses:
		(1)  the issuing tribunal lacked personal jurisdiction 
over the contesting party;
		(2)  the order was obtained by fraud;                                         
		(3)  the order has been vacated, suspended, or modified 
by a later order;   
		(4)  the issuing tribunal has stayed the order pending 
appeal;              
		(5)  there is a defense under the law of this state to 
the remedy sought;   
		(6)  full or partial payment has been made;                                   
		(7)  the statute of limitation under Section 159.604 
precludes enforcement of some or all of the alleged arrearages;  or
		(8)  the alleged controlling order is not the 
controlling order.            
	(b)  If a party presents evidence establishing a full or 
partial defense under Subsection (a), a tribunal may stay 
enforcement of the registered order, continue the proceeding to 
permit production of additional relevant evidence, and issue other 
appropriate orders.  An uncontested portion of the registered order 
may be enforced by all remedies available under the law of this 
state.
	(c)  If the contesting party does not establish a defense 
under Subsection (a) to the validity or enforcement of the order, 
the registering tribunal shall issue an order confirming the order.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 2003, 78th Leg., ch. 1247, § 36, eff. Sept. 1, 
2003.

Last modified: August 11, 2007