Sec. 159.205. CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY CHILD SUPPORT ORDER. (a) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:
(1) at the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
(2) even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.
(b) A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if:
(1) all of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or
(2) the tribunal's order is not the controlling order.
(c) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that Act that modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
(d) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
(f) Repealed by Acts 2003, 78th Leg., ch. 1247, Sec. 46.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 607, Sec. 4, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1247, Sec. 7, 8, 46, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 9, eff. July 1, 2015.
Notes of Decisions
Cited in
19
cases, 1996–2018 · leading case:
In re Meekins, 550 S.W.3d 729 (Tex. App. 2018).
In re Meekins, 550 S.W.3d 729 (Tex. App. 2018).
· cites it 7× “Tex. Fam. Code Ann. § 159.205 (b)(2) (West Supp.”
In Re Hattenbach, 999 S.W.2d 636 (Tex. App. 1999).
· cites it 3× “See Tex. Fam.Code Ann. § 159.205(a); Fla. Stat.”
in the Interest of T.L. & S.L., 316 S.W.3d 78 (Tex. App. 2010).
· cites it 5× “See Tex. Fam.Code Ann. § 159.205. Once a court having jurisdiction enters a support decree, that tribunal is the only one entitled to modify the decree so long as that tribunal retains continuing, exclusive jurisdiction under the UIFSA.”
Link v. Alvarado, 929 S.W.2d 674 (Tex. App. 1996).
· cites it 2× “See Tex Fam. Code Ann. § 159.205 (Vernon 1996); Tina M.”
Harbison v. Johnston, 28 P.3d 1136 (N.M. Ct. App. 2001).
“Tex. Family Code Ann. § 159.205 (a). {16} A New Mexico court’s power to modify another state’s child support order is specifically governed by Section 40-6A-611(a), which is almost identical to Tex.”
in Re Dennis J. Martinez, 450 S.W.3d 157 (Tex. App. 2014).
· cites it 2× “3d at 913 (citing Tex. Fam.Code Ann. § 159.205). Under UIFSA, as codified in the Texas Family Code, the trial court that rendered the original support decree retains continuing, exclusive jurisdiction as long as at least one person affected by the' decree — the obligor, the…”
Gowdey v. Gowdey, 825 So. 2d 67 (Miss. Ct. App. 2002).
“" Tex. Fam. Code § 159.205 (Vernon 2002). ¶ 9.”
In re Casseb, 119 S.W.3d 841 (Tex. App. 2003).
“See Tex. Fam.Code Ann. § 159.205(a) (Vernon 2002).”
— Tex. Fam. Code § 159.205(a) — 8 cases
In re Meekins, 550 S.W.3d 729 (Tex. App. 2018).
“Tex. Fam. Code Ann. § 159.205 (b)(2) (West Supp.”
In Re Hattenbach, 999 S.W.2d 636 (Tex. App. 1999).
“See Tex. Fam.Code Ann. § 159.205(a); Fla. Stat.”
In re Casseb, 119 S.W.3d 841 (Tex. App. 2003).
“See Tex. Fam.Code Ann. § 159.205(a) (Vernon 2002).”
in the Interest of T.L. & S.L., 316 S.W.3d 78 (Tex. App. 2010).
“See Tex. Fam.Code Ann. § 159.205. Once a court having jurisdiction enters a support decree, that tribunal is the only one entitled to modify the decree so long as that tribunal retains continuing, exclusive jurisdiction under the UIFSA.”
— Tex. Fam. Code § 159.205(a)(1) — 2 cases
In Re Hattenbach, 999 S.W.2d 636 (Tex. App. 1999).
“See Tex. Fam.Code Ann. § 159.205(a); Fla. Stat.”
— Tex. Fam. Code § 159.205(a)(2) — 1 case
In Re Hattenbach, 999 S.W.2d 636 (Tex. App. 1999).
“See Tex. Fam.Code Ann. § 159.205(a); Fla. Stat.”
— Tex. Fam. Code § 159.205(b) — 1 case
In re Meekins, 550 S.W.3d 729 (Tex. App. 2018).
“Tex. Fam. Code Ann. § 159.205 (b)(2) (West Supp.”
— Tex. Fam. Code § 159.205(b)(1) — 1 case
In re Meekins, 550 S.W.3d 729 (Tex. App. 2018).
“Tex. Fam. Code Ann. § 159.205 (b)(2) (West Supp.”
— Tex. Fam. Code § 159.205(c) — 1 case
In re Meekins, 550 S.W.3d 729 (Tex. App. 2018).
“Tex. Fam. Code Ann. § 159.205 (b)(2) (West Supp.”
— Tex. Fam. Code § 159.205(d) — 1 case
Link v. Alvarado, 929 S.W.2d 674 (Tex. App. 1996).
“See Tex Fam. Code Ann. § 159.205 (Vernon 1996); Tina M.”
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