Registration of an Out of State Child Support Order FOR ENFORCEMENT
March 7, 2013 Leave a comment
In Texas, this process is outlined in section 159.601-608 of the Texas Family Code. The registration is needed to modify that prior child support order. Warning: this is a complex process and technical, so if you are trying to do this, seek the advice of an attorney.
Registration requires sending the Texas Court:
- a letter requesting the foreign order be registered and enforced;
- two copies, including one certified copy, of the order to be registered;
- (If the original order has been modified, send the original plus all orders modifying to be on the safe side)
- a sworn statement by the person requesting registration or a certified statement by the custodian of records showing the amount of any arrears;
- the name of the obligor;
- the obligor’s address and social security number, and any other source of income (if known);
- a description and location of the property of the obligor not exempt from execution; and
- the name of the obligee.
TEX. FAM. CODE 159.602(a)
The Texas Court should take and register the order at that point as a foreign order. Then, the registering party typically must send the notice outlined in 159.605, even though the court supposedly should send the notice. The reason is that without the notice, it can be easy to stall the process until proper notice is sent and the opportunity to contest passes.
TEX. FAM. CODE 159.602(b)
- Informing the nonregistering party that the order has been registered, the date of registration, and that it may be enforced as any other order issued by Texas;
- that a hearing to contest the validity or enforcement of the registered order must be requested within 20 days of the notice;
- that failure to timely contest the validity or enforcement results in confirmation of the order and enforcement as well as precludes later contesting it; and
- the amount of the arrears.
TEX. FAM. CODE 159.605
This is a brief overview. If you are planning on doing this, first, always consult with an attorney. Second, read the sections very carefully as this is just a brief overview.