| (a) A recital in a domestic relations order to the
effect that it is a qualified domestic relations order is not sufficient
to make it qualified under this chapter. For a domestic relations
order to be a qualified domestic relations order under this chapter,
the order must be determined, either by the system, or by a court
of competent jurisdiction having actual knowledge of the provisions
of this chapter, to meet the requirements set forth in §804.003,
Texas Government Code, the Act and this chapter. In making that determination,
the system may take into account: the order itself; any clarification
order entered by a court of competent jurisdiction; and any affidavits
or agreements between the parties that were qualified by the system
prior to the effective date of this section. In this chapter, references
to the requirements of this chapter for qualified domestic relations
orders shall be construed in accordance with the provisions and requirements
of Chapter 804, Texas Government Code.
(b) The system has prescribed forms that are pre-approved
by the system as meeting the requirements of Texas Government Code §804.003
and this chapter for a qualified domestic relations order. The prescribed
forms are available on the system's website and upon request. The
prescribed forms incorporate by reference the definitions set forth
in this chapter and the provisions set forth in §129.14 of this
title (relating to Provisions Incorporated by Reference). The system
may reject any domestic relations order submitted to the system that
does not utilize the applicable prescribed form.
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