The court that issued the original (or most recent) child support order generally has the sole authority to hear future disputes related to the modification or enforcement of the child support order—provided the child still resides in the same state. This authority to modify or enforce the original child support order is known as jurisdiction, and the court is said to have continuing exclusive jurisdiction over the child support matters. The court with such continuing exclusive jurisdiction is typically the court in which the parents’ divorce case filed—or if the parents were not married, the court in which the suit affecting the parent-child relationship (SAPCR) was filed (suit to determine parentage or suit to establish paternity).
If the child no longer lives in the state that issued the original (or most recent) child support order, the Uniform Interstate Family Support Act (UIFSA) will determine whether the court that issued the child support order has continuing exclusive jurisdiction, or if the court in the state where the child currently resides will have jurisdiction over modification and enforcement of the child support order.
In Texas, the court that issued the original or most recent child support order retains the authority to hear future disputes regarding the modification or enforcement of that order, as long as the child continues to reside in Texas. This concept is known as continuing exclusive jurisdiction. Typically, this will be the court where the divorce case was filed for married parents, or the court where the Suit Affecting the Parent-Child Relationship (SAPCR) was filed for unmarried parents. However, if the child has moved out of Texas, the Uniform Interstate Family Support Act (UIFSA) comes into play to determine jurisdiction. UIFSA may allow the court in the new state where the child resides to take over jurisdiction for future modifications and enforcement of the child support order. It's important to note that the specifics of each case can affect jurisdiction, and an attorney can provide guidance tailored to the individual circumstances.
