(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.

Source Note: The provisions of this §129.4 adopted to be effective July 1, 2022, 47 TexReg 3272