Sec. 159.611. MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE. (a) If Section 159.613 does not apply, on petition a tribunal of this state may modify a child support order issued in another state that is registered in this state if, 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 residence of 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 consents in a record in the issuing tribunal 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) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be so recognized under Section 159.207 establishes the aspects of the support order that are nonmodifiable.
(d) 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.
(e) 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.
(f) Notwithstanding Subsections (a) through (e) of this section and Section 159.201(b), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:
(1) one party resides in another state; and
(2) the other party resides outside the United States.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 607, Sec. 17, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1420, Sec. 5.0026, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1247, Sec. 38, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 21, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 50, eff. July 1, 2015.
Notes of Decisions
Cited in
9
cases, 1996–2015 · leading case:
Kendall v. Kendall, 340 S.W.3d 483 (Tex. App.—Houston [1st Dist.] 2011).
Kendall v. Kendall, 340 S.W.3d 483 (Tex. App.—Houston [1st Dist.] 2011).
· cites it 5× “” Tex. Fam. Code Ann. § 159.611 (a)(2) (Vernon 2008).”
In re Dennis J. Martinez, 450 S.W.3d 157 (Tex. App.—San Antonio 2014).
· cites it 7× “3d at 913 (citing Tex. Fam.Code Ann. § 159.611) (setting forth circumstances in which court may modify support order from rendering state).”
Link v. Alvarado, 929 S.W.2d 674 (Tex. App.—San Antonio 1996).
· cites it 2× “Tex Fam. Code Ann. § 159.611 (Vernon 1996).”
Harbison v. Johnston, 2001-NMCA-051, 28 P.3d 1136.
“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.”
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 § 159.611 (providing that a court of this state may not modify a support order entered by another state if an affected individual still resides in the issuing state).”
in the Interest of R.S.T., a Child, No. 14-15-00925-CV (Tex. App.—Houston [14th Dist.] Dec. 22, 2015).
· cites it 3× “Modification of a registered foreign child support order is controlled by Texas Family Code sections 159.611 and 159.”
In re Garrett, 315 B.R. 431 (Bankr. E.D. Tex. 2004).
“Tex. Fam.Code Ann. § 159.611(a) (Vernon Supp.”
in the Interest of J.R.S., No. 10-12-00142-CV (Tex. App.—Waco July 25, 2013).
“TEX. FAM. CODE ANN. § 159.611. Under subsection (a)(1), Texas did not acquire continuing, exclusive jurisdiction to modify the 2000 Colorado order if Adrian, Barbara, or J.”
Tex. Fam. Code § 159.611(a): 2 cases
In re Dennis J. Martinez, 450 S.W.3d 157 (Tex. App.—San Antonio 2014).
“3d at 913 (citing Tex. Fam.Code Ann. § 159.611) (setting forth circumstances in which court may modify support order from rendering state).”
In re Garrett, 315 B.R. 431 (Bankr. E.D. Tex. 2004).
“Tex. Fam.Code Ann. § 159.611(a) (Vernon Supp.”
Tex. Fam. Code § 159.611(a)(1)(A): 1 case
Link v. Alvarado, 929 S.W.2d 674 (Tex. App.—San Antonio 1996).
“Tex Fam. Code Ann. § 159.611 (Vernon 1996).”
Tex. Fam. Code § 159.611(a)(2): 1 case
Kendall v. Kendall, 340 S.W.3d 483 (Tex. App.—Houston [1st Dist.] 2011).
“” Tex. Fam. Code Ann. § 159.611 (a)(2) (Vernon 2008).”
Tex. Fam. Code § 159.611(c): 1 case
In re Dennis J. Martinez, 450 S.W.3d 157 (Tex. App.—San Antonio 2014).
“3d at 913 (citing Tex. Fam.Code Ann. § 159.611) (setting forth circumstances in which court may modify support order from rendering state).”
Tex. Fam. Code § 159.611(d): 1 case
Kendall v. Kendall, 340 S.W.3d 483 (Tex. App.—Houston [1st Dist.] 2011).
“” Tex. Fam. Code Ann. § 159.611 (a)(2) (Vernon 2008).”
Tex. Fam. Code § 159.611(e): 1 case
In re Dennis J. Martinez, 450 S.W.3d 157 (Tex. App.—San Antonio 2014).
“3d at 913 (citing Tex. Fam.Code Ann. § 159.611) (setting forth circumstances in which court may modify support order from rendering state).”
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