Texas Family Code

§ 156.409 — CHANGE IN PHYSICAL POSSESSION

FA § 156.409Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · Part B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP · Ch. 156. MODIFICATION · Art. E. MODIFICATION OF CHILD SUPPORT

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(a)The court shall, on the motion of a party or a person having physical possession of the child, modify an order providing for the support of the child to provide that the person having physical possession of the child for at least six months shall have the right to receive and give receipt for payments of support for the child and to hold or disburse money for the benefit of the child if the sole managing conservator of the child or the joint managing conservator who has the exclusive right to determine the primary residence of the child has:

(1)voluntarily relinquished to the person having physical possession of the child the primary care and possession of the child for at least six months;

(2)been incarcerated or sentenced to be incarcerated for at least 90 days;

(3)relinquished the primary care and possession of the child in a proceeding under Title 3 or Chapter 262; or

(4)entered into an authorization agreement under Chapter 34 with the person having physical possession of the child. (a-1) If the court modifies a support order under this section, the court shall order the obligor to pay the person or entity having physical possession of the child any unpaid child support that is not subject to offset or reimbursement under Section 157.008 and that accrues after the date the sole or joint managing conservator:

(1)relinquishes possession and control of the child, whether voluntarily or in a proceeding under Title 3 or Chapter 262;

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Legislative history

Acts 2005, 79th Leg., Ch. 261 (H.B. 2231), Sec. 1, eff. May 30, 2005. Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 16, eff. September 1, 2007. Acts 2025, 89th Leg., R.S., Ch. 863 (S.B. 1923), Sec. 1, eff. September 1, 2025.