Sec. 159.401. PETITION TO ESTABLISH SUPPORT ORDER  


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  • (a) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state may issue a support order if:

    (1) the individual seeking the order resides in another state; or

    (2) the support enforcement agency seeking the order is located in another state.

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

    (1) a presumed father of the child;

    (2) a man petitioning to have his paternity adjudicated;

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

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

    (5) a man 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.