Sec. 159.604. CHOICE OF LAW. (a) Except as otherwise provided by Subsection (d), the law of the issuing state or foreign country governs:
(1) the nature, extent, amount, and duration of current payments under a registered support order;
(2) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and
(3) the existence and satisfaction of other obligations under the support order.
(b) In a proceeding for arrears under a registered support order, the statute of limitation of this state, or of the issuing state or foreign country, whichever is longer, applies.
(c) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
(d) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, the tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including that state's or country's law on interest on arrears, on current and future support, and on consolidated arrears.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 607, Sec. 14, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1247, Sec. 34, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 41, eff. July 1, 2015.
PART 2. CONTEST OF VALIDITY OR ENFORCEMENT
Notes of Decisions
Cited in
20
cases (
1 in the last 5 years), 1999–2022 · leading case:
In re Phillips, 496 S.W.3d 769 (Tex. 2016).
In re Phillips, 496 S.W.3d 769 (Tex. 2016).
· cites it 2× “i'!or do we intend to express any opinion on the effect of a trial court’s findings in an enforcement proceeding to which the Comptroller was a party.”
Citizens Ins. Co. of Am. v. Daccach, 217 S.W.3d 430 (Tex. 2007).
“”); Tex. Fam.Code § 159.604 (entitled “Choice of Law” and stating that “the law of the issuing state governs” various situations involving child support); Tex.”
Attorney Gen. v. Litten, 999 S.W.2d 74 (Tex. App. 1999).
· cites it 5× “The Commissioners’ Comment to UIFSA Section 604, which is identical to Texas Family Code Section 159.604, notes in reference to subsection (b) that the intent was to prevent an obligor from gaining an undue benefit by choosing to reside in a forum state with a shorter statute of…”
Off. of the Attorney Gen. v. Buhrle, 210 S.W.3d 714 (Tex. App. 2007).
· cites it 3× “” The provision does not clearly impose an obligation on a particular individual. It is therefore uncertain. The attorney general invites us to use Texas jurisprudence to read the Georgia support order in order to determine its meaning.”
Bart Dalton v. Carol Dalton, 551 S.W.3d 126 (Tex. 2018).
“TEX. FAM. CODE § 159.604(a)(1). But when it comes to enforcement procedures, Texas law provides that the order "has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, staying, enforcing, or satisfying a judgment as a…”
Arnell, Roland Scott v. Arnell, Monika Elizabeth, 416 S.W.3d 188 (Tex. App. 2013).
· cites it 3× “Tex. Fam. Code Ann. § 159.604 (a). Scott did not provide any citation to Swiss law that would permit an offset for the value of the personal property, even if proven, against the amounts of support he owes.”
In Re the Marriage of Morris, 32 P.3d 625 (Colo. Ct. App. 2001).
“1999)(in a proceeding to obtain a judgment for arrearages, Tex. Fam.Code Ann. § 159.604(b) requires application of the law of the state with the longer statute of limitation).”
In the Interest of B.C., 52 S.W.3d 926 (Tex. App. 2001).
· cites it 2× “Tex. Fam. Code Ann. § 159.604 (b) (Vernon Supp.”
In Re Bc, 52 S.W.3d 926 (Tex. App. 2001).
· cites it 2× “Tex. Fam. Code Ann. § 159.604 (b) (Vernon Supp.”
in the Interest of D.C., S.C., & S.C., Child. (Tex. App. 2022).
· cites it 2× “See Tex. Fam. Code Ann. § 159.604 . Father raises three issues: (1) The trial court erred by clarifying the Nevada divorce decree because clarification is authorized only if the divorce decree was unenforceable by contempt for lack of specificity and because the Nevada divorce…”
Off. of the Attorney Gen. v. Sharon W. Buhrle (Tex. App. 2006).
· cites it 3× “It is therefore uncertain. The attorney general invites us to use Texas jurisprudence to read the Georgia support order in order to determine its meaning.”
— Tex. Fam. Code § 159.604(a) — 6 cases
In re Phillips, 496 S.W.3d 769 (Tex. 2016).
“i'!or do we intend to express any opinion on the effect of a trial court’s findings in an enforcement proceeding to which the Comptroller was a party.”
Attorney Gen. v. Litten, 999 S.W.2d 74 (Tex. App. 1999).
“The Commissioners’ Comment to UIFSA Section 604, which is identical to Texas Family Code Section 159.604, notes in reference to subsection (b) that the intent was to prevent an obligor from gaining an undue benefit by choosing to reside in a forum state with a shorter statute of…”
Off. of the Attorney Gen. v. Buhrle, 210 S.W.3d 714 (Tex. App. 2007).
“” The provision does not clearly impose an obligation on a particular individual. It is therefore uncertain. The attorney general invites us to use Texas jurisprudence to read the Georgia support order in order to determine its meaning.”
Arnell, Roland Scott v. Arnell, Monika Elizabeth, 416 S.W.3d 188 (Tex. App. 2013).
“Tex. Fam. Code Ann. § 159.604 (a). Scott did not provide any citation to Swiss law that would permit an offset for the value of the personal property, even if proven, against the amounts of support he owes.”
— Tex. Fam. Code § 159.604(a)(1) — 3 cases
Bart Dalton v. Carol Dalton, 551 S.W.3d 126 (Tex. 2018).
“TEX. FAM. CODE § 159.604(a)(1). But when it comes to enforcement procedures, Texas law provides that the order "has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, staying, enforcing, or satisfying a judgment as a…”
— Tex. Fam. Code § 159.604(a)(2) — 1 case
— Tex. Fam. Code § 159.604(b) — 5 cases
In re Phillips, 496 S.W.3d 769 (Tex. 2016).
“i'!or do we intend to express any opinion on the effect of a trial court’s findings in an enforcement proceeding to which the Comptroller was a party.”
Attorney Gen. v. Litten, 999 S.W.2d 74 (Tex. App. 1999).
“The Commissioners’ Comment to UIFSA Section 604, which is identical to Texas Family Code Section 159.604, notes in reference to subsection (b) that the intent was to prevent an obligor from gaining an undue benefit by choosing to reside in a forum state with a shorter statute of…”
In Re the Marriage of Morris, 32 P.3d 625 (Colo. Ct. App. 2001).
“1999)(in a proceeding to obtain a judgment for arrearages, Tex. Fam.Code Ann. § 159.604(b) requires application of the law of the state with the longer statute of limitation).”
— Tex. Fam. Code § 159.604(c) — 1 case
Arnell, Roland Scott v. Arnell, Monika Elizabeth, 416 S.W.3d 188 (Tex. App. 2013).
“Tex. Fam. Code Ann. § 159.604 (a). Scott did not provide any citation to Swiss law that would permit an offset for the value of the personal property, even if proven, against the amounts of support he owes.”
— Tex. Fam. Code § 159.604(d) — 1 case
Off. of the Attorney Gen. v. Buhrle, 210 S.W.3d 714 (Tex. App. 2007).
“” The provision does not clearly impose an obligation on a particular individual. It is therefore uncertain. The attorney general invites us to use Texas jurisprudence to read the Georgia support order in order to determine its meaning.”
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