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 § 159.401 (2026)

Establishment Of Support Order

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Sec. 159.401. ESTABLISHMENT OF SUPPORT ORDER. (a) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:

(1) the individual seeking the order resides outside this state; or

(2) the support enforcement agency seeking the order is located outside this state.

(b) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:

(1) a presumed father of the child;

(2) petitioning to have his paternity adjudicated;

(3) identified as the father of the child through genetic testing;

(4) an alleged father who has declined to submit to genetic testing;

(5) shown by clear and convincing evidence to be the father of the child;

(6) an acknowledged father as provided by applicable state law;

(7) the mother of the child; or

(8) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

(c) On finding, after notice and an opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders under Section 159.305.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 26, eff. Sept. 1, 2003.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 32, eff. July 1, 2015.

Notes of Decisions
Cited in 3 cases, 2008–2015 · leading case: Off. of the Attorney Gen. of Texas v. Waddell Gordon Long, 401 S.W.3d 911 (Tex. App.—Houston [14th Dist.] 2013).
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Off. of the Attorney Gen. of Texas v. Waddell Gordon Long, 401 S.W.3d 911 (Tex. App.—Houston [14th Dist.] 2013). “See Tex. Fam.Code § 159.401. Because the North Carolina tribunal had not acquired continuing, exclusive jurisdiction, we reverse the trial court’s order granting the plea to the jurisdiction and remand for additional proceedings consistent with this opinion.”
in the Interest Of: M.I.M., No. 05-14-00662-CV (Tex. App.—Dallas July 22, 2015). · cites it 3× “” TEX. FAM. CODE ANN. § 159.401. And we agree that OAG has standing to file a child support action authorized under the Texas Family Code.”
Chike Rapulueke Mbonu v. Off. of the Attorney Gen., No. 01-07-00659-CV, 2008 WL 2186504 (Tex. App.—Houston [1st Dist.] May 22, 2008). · cites it 3× “See Tex. Fam. Code Ann. § 159.401 (a) (Petition to Establish Support Order).”
Tex. Fam. Code § 159.401(a): 1 case
in the Interest Of: M.I.M., No. 05-14-00662-CV (Tex. App.—Dallas July 22, 2015). “” TEX. FAM. CODE ANN. § 159.401. And we agree that OAG has standing to file a child support action authorized under the Texas Family Code.”
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