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Texas Family Code - Section 159.611. Modification Of Child Support Order Of Another State

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 159.611. Modification Of Child Support Order Of Another State

§ 159.611. MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER 
STATE.  (a) Except as provided by Section 159.615, on petition a 
tribunal of this state may modify a child support order issued in 
another state and registered in this state only if Section 159.613 
does not apply and after notice and hearing the tribunal finds that:
		(1)  the following requirements are met:                                      
			(A)  the child, the obligee who is an individual, 
and the obligor do not reside in the issuing state;
			(B)  a petitioner who is a nonresident of this 
state seeks modification;  and
			(C)  the respondent is subject to the personal 
jurisdiction of the tribunal of this state;  or
		(2)  this state is the state of residence of the child 
and the child, or a party who is an individual, is subject to the 
personal jurisdiction of the tribunal of this state and all of the 
parties who are individuals have filed in a record in the issuing 
tribunal consents for a tribunal of this state to modify the support 
order and assume continuing, exclusive jurisdiction.
	(b)  Modification of a registered child support order is 
subject to the same requirements, procedures, and defenses that 
apply to the modification of an order issued by a tribunal of this 
state, and the order may be enforced and satisfied in the same 
manner.
	(c)  Except as provided by Section 159.615, a tribunal of 
this state may not modify any aspect of a child support order, 
including the duration of the obligation of support, that may not be 
modified under the law of the issuing state.  If two or more 
tribunals have issued child support orders for the same obligor and 
same child, the order that controls and must be recognized under 
Section 159.207 establishes the aspects of the support order that 
are nonmodifiable.
	(d)  On issuance of an order by a tribunal of this state 
modifying a child support order issued in another state, the 
tribunal of this state becomes the tribunal of continuing, 
exclusive jurisdiction.
	(e)  In a proceeding to modify a child support order, the law 
of the state that is determined to have issued the initial 
controlling order governs the duration of the obligation of 
support.  The obligor's fulfillment of the duty of support 
established by that order precludes imposition of a further 
obligation of support by a tribunal of this state.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 1997, 75th Leg., ch. 607, § 17, eff. Sept. 1, 
1997;  Acts 2001, 77th Leg., ch. 1420, § 5.0026, eff. Sept. 1, 
2001;  Acts 2003, 78th Leg., ch. 1247, § 38, eff. Sept. 1, 2003.

Last modified: August 11, 2007