Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP · CHAPTER 159. UNIFORM INTERSTATE FAMILY SUPPORT ACT
Texas Codes

Tex. Fam. Code § 159.316 (2026)

Special Rules Of Evidence And Procedure

✓ current as of May 2026
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 159.316. SPECIAL RULES OF EVIDENCE AND PROCEDURE. (a) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.

(b) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in an affidavit or document, that would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state.

(c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made.

(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child furnished to the adverse party at least 10 days before trial are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.

(e) Documentary evidence transmitted from outside this state to a tribunal of this state by telephone, telecopier, or other electronic means that does not provide an original record may not be excluded from evidence on an objection based on the means of transmission.

(f) In a proceeding under this chapter, a tribunal of this state shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.

(g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

(h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.

(i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter.

(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 23, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 344 (S.B. 1151), Sec. 1, eff. June 17, 2005.

Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 27, eff. July 1, 2015.

Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 1999–2026 · leading case: Arnell, Roland Scott v. Arnell, Monika Elizabeth, 416 S.W.3d 188 (Tex. App. 2013).
Sort: Relevance Newest Treatment
Arnell, Roland Scott v. Arnell, Monika Elizabeth, 416 S.W.3d 188 (Tex. App. 2013). · cites it 6× “UIFSA expressly provides that “the physical presence of a nonresident party who is an individual in a tribunal in this state is not required for the establishment, enforcement, or modification of a support order_” Tex.”
Attorney Gen. v. Litten, 999 S.W.2d 74 (Tex. App. 1999). · cites it 2× “See Sampson & Tindall, Texas Family Code Ann. § 159.316, Commissioner’s comment to UIFSA Section 316 at 557.”
in the Interest of L.A.F., a Child (Tex. App. 2022). · cites it 2× “Tex. Fam. Code Ann. § 159.316 (b); see Atty.”
In the Interest of A.M.G.J., a Child v. the State of Texas (Tex. App. 2025). · cites it 2× “” TEX. FAM. CODE ANN. § 159.316(f); see also In re Braden, No.”
In Re Meredith Johnson v. the State of Texas (2026). “at *3–4 (citing to Uniform Interstate Family Support Act); see also Tex. Fam. Code § 159.316(f). After the case was remanded, the trial court held a hearing on October 8, 2025, on Mother’s motion to compel discovery, which sought the production of documents including…”
Chike Rapulueke Mbonu v. Off. of the Attorney Gen. (Tex. App. 2008). “See Tex. Fam. Code Ann. § 159.316 (a)-(j). A trial court abuses its discretion when it acts arbitrarily or without reference to guiding principles.”
— Tex. Fam. Code § 159.316(a) — 1 case
Arnell, Roland Scott v. Arnell, Monika Elizabeth, 416 S.W.3d 188 (Tex. App. 2013). “UIFSA expressly provides that “the physical presence of a nonresident party who is an individual in a tribunal in this state is not required for the establishment, enforcement, or modification of a support order_” Tex.”
— Tex. Fam. Code § 159.316(b) — 3 cases
Attorney Gen. v. Litten, 999 S.W.2d 74 (Tex. App. 1999). “See Sampson & Tindall, Texas Family Code Ann. § 159.316, Commissioner’s comment to UIFSA Section 316 at 557.”
Arnell, Roland Scott v. Arnell, Monika Elizabeth, 416 S.W.3d 188 (Tex. App. 2013). “UIFSA expressly provides that “the physical presence of a nonresident party who is an individual in a tribunal in this state is not required for the establishment, enforcement, or modification of a support order_” Tex.”
in the Interest of L.A.F., a Child (Tex. App. 2022). “Tex. Fam. Code Ann. § 159.316 (b); see Atty.”
— Tex. Fam. Code § 159.316(f) — 3 cases
Arnell, Roland Scott v. Arnell, Monika Elizabeth, 416 S.W.3d 188 (Tex. App. 2013). “UIFSA expressly provides that “the physical presence of a nonresident party who is an individual in a tribunal in this state is not required for the establishment, enforcement, or modification of a support order_” Tex.”
In the Interest of A.M.G.J., a Child v. the State of Texas (Tex. App. 2025). “” TEX. FAM. CODE ANN. § 159.316(f); see also In re Braden, No.”
In Re Meredith Johnson v. the State of Texas (2026). “at *3–4 (citing to Uniform Interstate Family Support Act); see also Tex. Fam. Code § 159.316(f). After the case was remanded, the trial court held a hearing on October 8, 2025, on Mother’s motion to compel discovery, which sought the production of documents including…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.