Registration of an Out of State Child Support Order FOR ENFORCEMENT

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:

  1. a letter requesting the foreign order be registered and enforced;
  2. two copies, including one certified copy, of the order to be registered;
    1. (If the original order has been modified, send the original plus all orders modifying to be on the safe side)
  3. a sworn statement by the person requesting registration or a certified statement by the custodian of records showing the amount of any arrears;
  4. the name of the obligor;
  5. the obligor’s address and social security number, and any other source of income (if known);
  6. a description and location of the property of the obligor not exempt from execution; and
  7. 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)

Notice means:

  1. 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;
  2. that a hearing to contest the validity or enforcement of the registered order must be requested within 20 days of the notice;
  3. 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
  4. the amount of the arrears.

TEX. FAM. CODE 159.605

Note:

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.

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About CJ.Harding
Chris believes one of the most important aspects of family law is seeing the 'big picture.' This means understanding the law, the facts of your case and the range of possible outcomes. Only after knowing each of those can an attorney convey the risks and potential results and guide you to make the right decision for your case, your life and your family. He understands every person and every case is unique. Chris will advocate for the very best possible result in your case. He has worked on a variety of family law cases, including tracing of assets, property division of estates worth more than one million dollars, international and interstate child custody issues, enforcement actions as well as pre-marital and post-marital agreements. Chris continues to be a student of the Law and helps to educate others by maintaining the "Hot Topics" section of the Firm web site, which features current issues in Texas family law. Topics have included how a bankruptcy can affect child support and the differences between alimony and court ordered spousal maintenance. Chris joined the firm after graduating cum laude from Southern Methodist University Dedman School of Law. During his time at SMU, Chris competed in numerous mock and moot competitions and placed nationally. Chris is a native Texan, growing up in the Houston area and completing his undergraduate studies at the University of Texas at Austin.

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