Form 23-1

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Final Decree of Divorce

1.Date of Hearing

On [date] the Court heard this case.

2.Appearances

Appearances

3.Record

Record

3.A.Waived

The making of a record of testimony was waived by the parties with the consent of the Court.

3.B.Reporter

The record of testimony was duly reported by [[name, address]/the court reporter for the [designation] Court].

4.Jurisdiction

Jurisdiction and Domicile

The Court finds that the pleadings of [Petitioner/Respondent] are in due form and contain all the allegations, information, and prerequisites required by law. The Court, after receiving evidence, finds that it has jurisdiction of this case and of all the parties and that [at least sixty days have elapsed since the date the suit was filed/the requirements of section 6.702 of the Texas Family Code have been met].

The Court further finds that, at the time this suit was filed, [[Petitioner/Respondent] had been a domiciliary of Texas for the preceding six-month period and a resident of the county in which this suit was filed for the preced­ing ninety-day period/Petitioner was domiciled in another state or nation and Respondent had been a domiciliary of Texas for the preceding six-month period and was a resident of the county in which this suit was filed]. All per­sons entitled to citation were properly cited.

5.Jury

Jury

5.A.Waived

A jury was waived, and questions of fact and of law were submitted to the Court.

5.B.Selected

A jury was selected, questions of fact were submitted to the jury, and a verdict was returned and duly filed.

6.Agreement of Parties

Agreement of Parties

6.A.Approval of Decree

The Court finds that the parties have entered into a written agreement as contained in this decree by virtue of having approved this decree as to both form and substance. To the extent permitted by law, the parties stipulate the agreement is enforceable as a contract. The Court approves the agreement of the parties as contained in this Final Decree of Divorce.

6.B.Separate Document

The Court finds that the parties have entered into an Agreement Incident to Divorce, in a document separate from this Final Decree of Divorce. The Court approves the agreement and incorporates it by reference as part of this decree as if it were recited herein verbatim and orders the parties to do all things necessary to effectuate the agreement. A copy of the agreement [is/is not] filed with the records of this Court.

6.C.Merger of Settlement Agreement

The agreements in this Final Decree of Divorce were reached [in media­tion with [name of mediator]/pursuant to the collaborative law process/pursuant to the informal settlement process]. This Final Decree of Divorce is stipulated to represent a merger of a [mediated/collaborative law/informal] set­tlement agreement dated [date] between the parties. To the extent there exist any differences between the [mediated/collaborative law/informal] settlement agreement and this Final Decree of Divorce, this Final Decree of Divorce shall control in all instances.

6.D.Premarital Agreement; Partition and Exchange Agreement

The terms of this Final Decree of Divorce are in conformity with the parties’ [premarital/partition and exchange] agreement.

7.Divorce

Divorce

7.A.No Fault

The Court finds that Petitioner and Respondent were married on [date].

IT IS ORDERED AND DECREED that [name of petitioner], Petitioner, and [name of respondent], Respondent, are divorced and that the marriage between them is dissolved [include if desired: on the ground[s] of [insup­portability/living apart/insanity]].

7.B.Fault

The Court finds that Petitioner and Respondent were married on [date].

IT IS ORDERED AND DECREED that [name], [Petitioner/Respondent], is granted a divorce from [name], [Respondent/Petitioner], and the marriage between them is dissolved on the ground[s] of [adultery/cruelty/ conviction of felony/abandonment].

8.Child[ren]

Child[ren] of the Marriage

8.A.No Child

The Court finds that there is no child of the marriage of Petitioner and Respondent and that none is expected.

8.B.No Child under 18 or Otherwise Entitled to Support

The Court finds that there is no child of the marriage of Petitioner and Respondent now under eighteen years of age or otherwise entitled to support and that none is expected.

8.C.Child[ren]

The Court finds that Petitioner and Respondent are the parents of the following child[ren]:

Name:

Sex:

Birth date:

Home state:

Social Security number:

Driver’s license number and issuing state:

The Court finds no other children of the marriage are expected.

9.Parenting Plan

Parenting Plan

The Court finds that the provisions in this decree relating to the rights and duties of the parties with relation to the child[ren], possession of and access to the child[ren], child support, and optimizing the development of a close and continuing relationship between each party and the child[ren] consti­tute [the parties’ agreed parenting plan/the parenting plan established by the Court].

10.Conservatorship and Support

Conservatorship and Support

•Court Finding

The Court, having considered the circumstances of the parents and of the child[ren], finds that the following orders are in the best interest of the child[ren].

10.A.Parent Joint Managing Conservators

10.A.1.Appointment

IT IS ORDERED that [name of petitioner] and [name of respondent] are appointed parent joint managing conservators of the following child[ren]: [name[s] of child[ren]].

10.A.2.Rights at All Times
§ 153.073

IT IS ORDERED that, at all times, [name of petitioner] and [name of respondent], as parent joint managing conservators, shall each have the fol­lowing rights:

1.the right to receive information from any other conservator of the child[ren] concerning the health, education, and welfare of the child[ren];

2.the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child[ren];

3.the right of access to medical, dental, psychological, and educa­tional records of the child[ren];

4.the right to consult with a physician, dentist, or psychologist of the child[ren];

5.the right to consult with school officials concerning the child[ren]’s welfare and educational status, including school activities;

6.the right to attend school activities, including school lunches, per­formances, and field trips;

7.the right to be designated on the child[ren]’s records as a person to be notified in case of an emergency;

8.the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child[ren]; and

9.the right to manage the estate[s] of the child[ren] to the extent the estate[s] [has/have] been created by the parent’s family or by the parent, other than by the community or joint property of the parents.

10.A.3.Duties at All Times
§ 153.076

IT IS ORDERED that, at all times, [name of petitioner] and [name of respondent], as parent joint managing conservators, shall each have the fol­lowing duties:

1.the duty to inform the other conservator[s] of the child[ren] in a timely manner of significant information concerning the health, education, and welfare of the child[ren];

2.the duty to inform the other conservator[s] of the child[ren] if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Texas Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the fortieth day after the date the conservator of the child[ren] begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person’s requirement to register as a sex offender or of the offense with which the person is charged. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE;

3.the duty to inform the other conservator[s] of the child[ren] if the conservator establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is estab­lished. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the thirtieth day after the date the conservator establishes residence with the person who is the subject of the final protective order. WARNING: A CON­SERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE;

4.the duty to inform the other conservator[s] of the child[ren] if the conservator resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the sixty-day period following the date the final protective order is issued. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the ninetieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; and

5.the duty to inform the other conservator[s] of the child[ren] if the conservator is the subject of a final protective order issued after the date of the order establishing conservatorship. IT IS ORDERED that notice of this infor­mation shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the thirtieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CON­SERVATOR FAILS TO PROVIDE THIS NOTICE.

10.A.4.Rights and Duties during Periods of Possession
§ 153.074

IT IS ORDERED that, during their respective periods of possession, [name of petitioner] and [name of respondent], as parent joint managing con­servators, shall each have the following rights and duties:

1.the duty of care, control, protection, and reasonable discipline of the child[ren];

2.the duty to support the child[ren], including providing the child[ren] with clothing, food, shelter, and medical and dental care not involv­ing an invasive procedure;

3.the right to consent for the child[ren] to medical and dental care not involving an invasive procedure; and

4.the right to direct the moral and religious training of the child[ren].

10.A.5.Other Rights and Duty of Petitioner
§§ 153.134(b), 153.132, 153.071, 151.001(a)(4), (5), 153.133(c)

IT IS ORDERED that [name of petitioner], as a parent joint managing conservator, shall have the following rights and duty:

1.the exclusive right to designate the primary residence of the child[ren] [within [specify geographic area]/without regard to geographic loca­tion];

2.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to consent to medical, dental, and surgical treatment involving invasive procedures;

3.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to consent to psychiatric and psychological treatment of the child[ren];

4.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to receive and give receipt for periodic payments for the support of the child[ren] and to hold or disburse these funds for the benefit of the child[ren];

5.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to represent the child[ren] in legal action and to make other decisions of substantial legal significance concerning the child[ren];

6.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to consent to marriage and to enlistment in the armed forces of the United States;

7.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to make decisions concerning the child[ren]’s education;

8.except as provided by section 264.0111 of the Texas Family Code, the [exclusive right/right, subject to the agreement of the other parent conser­vator,/independent right] to the services and earnings of the child[ren];

9.except when a guardian of the child[ren]’s estate[s] or a guardian or attorney ad litem has been appointed for the child[ren], the [exclusive right/right, subject to the agreement of the other parent conservator,/independent right] to act as an agent of the child[ren] in relation to the child[ren]’s estate[s] if the child[ren]’s action is required by a state, the United States, or a foreign government;

10.the [exclusive right/right, subject to the agreement of the other par­ent conservator,] to apply for [a] passport[s] for the child[ren], to renew the child[ren]’s passport[s], and to maintain possession of the child[ren]’s pass­port[s]; and

11.the [exclusive duty/duty, subject to the agreement of the other par­ent conservator,/independent duty] to manage the estate[s] of the child[ren] to the extent the estate[s] [has/have] been created by the community or joint prop­erty of the parents.

10.A.6.Other Rights and Duty of Respondent
§§ 153.134(b), 153.132, 153.071, 151.001(a)(4), (5), 153.133(c)

IT IS ORDERED that [name of respondent], as a parent joint managing conservator, shall have the following rights and duty:

1.the exclusive right to designate the primary residence of the child[ren] [within [specify geographic area]/without regard to geographic loca­tion];

2.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to consent to medical, dental, and surgical treatment involving invasive procedures;

3.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to consent to psychiatric and psychological treatment of the child[ren];

4.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to receive and give receipt for periodic payments for the support of the child[ren] and to hold or disburse these funds for the benefit of the child[ren];

5.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to represent the child[ren] in legal action and to make other decisions of substantial legal significance concerning the child[ren];

6.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to consent to marriage and to enlistment in the armed forces of the United States;

7.the [exclusive right/right, subject to the agreement of the other par­ent conservator,/independent right] to make decisions concerning the child[ren]’s education;

8.except as provided by section 264.0111 of the Texas Family Code, the [exclusive right/right, subject to the agreement of the other parent conser­vator,/independent right] to the services and earnings of the child[ren];

9.except when a guardian of the child[ren]’s estate[s] or a guardian or attorney ad litem has been appointed for the child[ren], the [exclusive right/right, subject to the agreement of the other parent conservator,/independent right] to act as an agent of the child[ren] in relation to the child[ren]’s estate[s] if the child[ren]’s action is required by a state, the United States, or a foreign government;

10.the [exclusive right/right, subject to the agreement of the other par­ent conservator,] to apply for [a] passport[s] for the child[ren], to renew the child[ren]’s passport[s], and to maintain possession of the child[ren]’s pass­port[s]; and

11.the [exclusive duty/duty, subject to the agreement of the other par­ent conservator,/independent duty] to manage the estate[s] of the child[ren] to the extent the estate[s] [has/have] been created by the community or joint prop­erty of the parents.

10.A.7.Minimizing Disruption
§ 153.134(b)(3)

IT IS ORDERED that [include provisions to minimize disruption of the child[ren]’s education, daily routine, and association with friends].

Notwithstanding any provision in this decree to the contrary, IT IS ORDERED that [[name of petitioner]/[name of respondent]] shall have the exclusive right to enroll the child[ren] in school. Each conservator, during that conservator’s periods of possession, is ORDERED to ensure the child[ren]’s attendance in the schools in which [[name of petitioner]/[name of respondent]] has enrolled the child.

Notwithstanding any provision in this decree to the contrary, [name of petitioner] and [name of respondent] are each ORDERED to enroll the child[ren] [in the public school[s] for the attendance zone of [[name of peti­tioner]/[name of respondent]]’s residence/as follows: [name of child] in [name and address of school] as long as the child is eligible to attend that school [repeat for each child if more than one]]. Each conservator, during that conser­vator’s periods of possession, is ORDERED to ensure the child[ren]’s atten­dance in [this/these] school[s].

10.B.Parent Sole Managing Conservator and Possessory Conservator

10.B.1.Appointment

IT IS ORDERED that [name] is appointed a parent sole managing con­servator and [name] is appointed a parent possessory conservator of the fol­lowing child[ren]: [name[s] of child[ren]].

10.B.2.Rights at All Times
§ 153.073

IT IS ORDERED that, at all times, [name], as a parent sole managing conservator, and [name], as a parent possessory conservator, shall each have the following rights:

1.the right to receive information from any other conservator of the child[ren] concerning the health, education, and welfare of the child[ren];

2.the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child[ren];

3.the right of access to medical, dental, psychological, and educa­tional records of the child[ren];

4.the right to consult with a physician, dentist, or psychologist of the child[ren];

5.the right to consult with school officials concerning the child[ren]’s welfare and educational status, including school activities;

6.the right to attend school activities, including school lunches, per­formances, and field trips;

7.the right to be designated on the child[ren]’s records as a person to be notified in case of an emergency;

8.the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child[ren]; and

9.the right to manage the estate[s] of the child[ren] to the extent the estate[s] [has/have] been created by the parent’s family or by the parent, other than by the community or joint property of the parents.

10.B.3.Duties at All Times
§ 153.076

IT IS ORDERED that, at all times, [name], as a parent sole managing conservator, and [name], as a parent possessory conservator, shall each have the following duties:

1.the duty to inform the other conservator[s] of the child[ren] in a timely manner of significant information concerning the health, education, and welfare of the child[ren];

2.the duty to inform the other conservator[s] of the child[ren] if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Texas Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the fortieth day after the date the conservator of the child[ren] begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person’s requirement to register as a sex offender or of the offense with which the person is charged. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE;

3.the duty to inform the other conservator[s] of the child[ren] if the conservator establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is estab­lished. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the thirtieth day after the date the conservator establishes residence with the person who is the subject of the final protective order. WARNING: A CON­SERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE;

4.the duty to inform the other conservator[s] of the child[ren] if the conservator resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the sixty-day period following the date the final protective order is issued. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the ninetieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; and

5.the duty to inform the other conservator[s] of the child[ren] if the conservator is the subject of a final protective order issued after the date of the order establishing conservatorship. IT IS ORDERED that notice of this infor­mation shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the thirtieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CON­SERVATOR FAILS TO PROVIDE THIS NOTICE.

10.B.4.Rights and Duties during Periods of Possession
§ 153.074

IT IS ORDERED that, during their respective periods of possession, [name], as a parent sole managing conservator, and [name], as a parent posses­sory conservator, shall each have the following rights and duties:

1.the duty of care, control, protection, and reasonable discipline of the child[ren];

2.the duty to support the child[ren], including providing the child[ren] with clothing, food, shelter, and medical and dental care not involv­ing an invasive procedure;

3.the right to consent for the child[ren] to medical and dental care not involving an invasive procedure; and

4.the right to direct the moral and religious training of the child[ren].

10.B.5.Exclusive Rights and Duty of Sole Managing Conservator
§§ 153.132, 151.001(a)(4), (5), 105.002

IT IS ORDERED that [name], as parent sole managing conservator, shall have the following exclusive rights and duty:

1.the right to designate the primary residence of the child[ren] [within [specify geographic area]/without regard to geographic location];

2.the right to consent to medical, dental, and surgical treatment involving invasive procedures;

3.the right to consent to psychiatric and psychological treatment of the child[ren];

4.the right to receive and give receipt for periodic payments for the support of the child[ren] and to hold or disburse these funds for the benefit of the child[ren];

5.the right to represent the child[ren] in legal action and to make other decisions of substantial legal significance concerning the child[ren];

6.the right to consent to marriage and to enlistment in the armed forces of the United States;

7.the right to make decisions concerning the child[ren]’s education;

8.except as provided by section 264.0111 of the Texas Family Code, the right to the services and earnings of the child[ren];

9.except when a guardian of the child[ren]’s estate[s] or a guardian or attorney ad litem has been appointed for the child[ren], the right to act as an agent of the child[ren] in relation to the child[ren]’s estate[s] if the child[ren]’s action is required by a state, the United States, or a foreign government;

10.the right to apply for [a] passport[s] for the child[ren], to renew the child[ren]’s passport[s], and to maintain possession of the child[ren]’s pass­port[s]; and

11.the duty to manage the estate[s] of the child[ren] to the extent the estate[s] [has/have] been created by the community or joint property of the par­ents.

10.C.Geographic Area for Primary Residence
§§ 105.002, 153.133(c)

The Court finds that, in accordance with section 153.001 of the Texas Family Code, it is the public policy of Texas to assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; to provide a safe, stable, and nonviolent envi­ronment for the child; and to encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their mar­riage. IT IS ORDERED that the primary residence of the child[ren] shall be within [specify geographic area], and the parties shall not remove the child[ren] from [specify geographic area] for the purpose of changing the pri­mary residence of the child[ren] until this geographic restriction is modified by further order of the court of continuing jurisdiction or by a written agreement that is signed by the parties and filed with that court.

IT IS FURTHER ORDERED that this geographic restriction on the pri­mary residence of the child[ren] shall be lifted if, at the time [name of sole managing conservator or joint managing conservator with right to designate] wishes to remove the child[ren] from [specify geographic area] for the purpose of changing the primary residence of the child[ren], [name of possessory con­servator or joint managing conservator without right to designate] does not reside in [specify geographic area].

10.D.Notices to Other Conservator[s]

Except as expressly provided otherwise in this order, IT IS ORDERED that all information of which a conservator is required to notify [the other/another] conservator and all documents and information that a conservator is required to provide to [the other/another] conservator shall be sent in the fol­lowing manner:

a.hand delivery by a person eighteen years of age or older either to the recipient or to a person who is eighteen years of age or older and permanently resides with the recipient;

b.delivery to the recipient by first-class mail or by certified mail, return receipt requested, to the recipient’s last known mailing or residence address;

c.delivery to the recipient at the recipient’s last known mailing or residence address using any person or entity whose princi­pal business is that of a courier or deliverer of papers or docu­ments either within or outside the United States;

d.delivery to the recipient at the recipient’s electronic mail address as follows or to such other electronic mail address subsequently designated by the recipient:

[name of conservator]:   [conservator’s email address]

[name of conservator]:   [conservator’s email address]

and in the event of any change in a recipient’s electronic mail address, that recipient is ORDERED to notify the other recipi­ent[s] of such change in writing within twenty-four hours after the change;

e.delivery to the recipient at the recipient’s mobile telephone number by text message as follows or to such other mobile telephone number subsequently designated by the recipient:

[name of conservator]:   [conservator’s mobile number]

[name of conservator]:   [conservator’s mobile number]

and in the event of any change in a recipient’s mobile tele­phone number, that recipient is ORDERED to notify the other recipient[s] of such change in writing within twenty-four hours after the change; or

f.providing the document to the recipient by posting the docu­ment on the [name of coparenting website] Internet website program, in accordance with the provisions set forth below in this order.

10.E.Passport Application
22 CFR § 51.28

If a party applies for a passport for the child[ren], that party is ORDERED to notify the other [party/parties] of that fact no later than [num­ber] days after the application.

IT IS ORDERED that if a parent’s consent is required for the issuance or renewal of a passport, that parent shall provide that consent in writing no later than [number] days after receipt of the consent documents, unless the par­ent has good cause for withholding that consent.

10.F.Property of Child[ren]

IT IS ORDERED that the following custodial account[s] now held by the parties for the parties’ child[ren] [is/are] placed under the sole and exclu­sive control of [name]: [list each financial institution account number and account name]. [Name] is ORDERED to appear in the law offices of [name of attorney] at [location], at [time] on [date], and to execute, have acknowledged, and deliver to [name] all documents necessary to effectuate [name]’s sole and exclusive control of the account[s].

10.G.Tax Returns for Child[ren]

IT IS ORDERED that [name of party A] shall have the exclusive right and duty to prepare and file income tax returns for the child[ren]’s estate[s].

IT IS ORDERED that [name of party B] shall provide such information to [name of party A] as is requested to prepare federal income tax returns for the child[ren]’s estates within thirty days of receipt of a written request for the information, and in no event shall the information be provided later than March 1 of that year. As requested information becomes available after that date, [name of party B] is ORDERED to provide it to [name of party A] within ten days of [name of party B]’s receipt of the information.

10.H.Possession and Access

IT IS ORDERED that nothing in this order shall supersede any term of any protective order or condition of bond, probation, or parole.

10.H.1.Standard Possession Order
§§ 153.3101–.3171

Standard Possession Order

IT IS ORDERED that each conservator shall comply with all terms and conditions of this Standard Possession Order. IT IS ORDERED that this Stan­dard Possession Order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs this Standard Pos­session Order. IT IS, THEREFORE, ORDERED:

a.Definitions

(a)Definitions

§ 153.3101

1.In this Standard Possession Order, “school” means the elementary or secondary school in which the child is enrolled or, if the child is not enrolled in an elementary or secondary school, the public school district in which the child primarily resides.

2.In this Standard Possession Order, “child” includes each child, whether one or more, who is a subject of this suit while that child is under the age of eighteen years and not otherwise emancipated.

b.Mutual Agreement or Specified Terms
§ 153.311

(b)Mutual Agreement or Specified Terms for Possession

IT IS ORDERED that the conservators shall have possession of the child at times mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is ORDERED that the conservators shall have posses­sion of the child under the specified terms set out in this Standard Possession Order.

c.When Parents Reside Fifty Miles or Less Apart at Time of Divorce

(c)When Parents Reside Fifty Miles or Less Apart

•Possessory Conservator

Except as otherwise expressly provided in this Standard Possession Order, when Possessory Conservator resides fifty miles or less from the pri­mary residence of the child, Possessory Conservator shall have the right to pos­session of the child as follows:

1.Weekends—

§§ 153.312(a)(1), 153.317(a)(1)

On weekends that occur during the regular school term, beginning at [6:00 p.m./the time the child’s school is regularly dismissed] on the first, third, and fifth Friday of each month and ending at [6:00 p.m. on the following Sun­day/the time the child’s school resumes after the weekend].

§ 153.312(a)(1)

On weekends that do not occur during the regular school term, begin­ning at 6:00 p.m. on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.

2.Weekend Possession Extended by a Holiday—

§§ 153.315(b), 153.317(a)(8)

Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by Possessory Conservator begins on a student holiday or a teacher in-service day that falls on a Friday during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday that falls on a Friday during the summer months when school is not in session, that weekend period of possession shall begin at [6:00 p.m. on the immediately preceding Thursday/the time the child’s school is regularly dismissed on the Thursday immediately preceding the stu­dent holiday or teacher in-service day and 6:00 p.m. on the Thursday immedi­ately preceding the federal, state, or local holiday during the summer months].

§§ 153.315(a),153.317(a)(9)

Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by Possessory Conservator ends on or is immediately followed by a student holiday or a teacher in-service day that falls on a Monday during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday that falls on a Monday during the summer months when school is not in session, that week­end period of possession shall end at [6:00 p.m. on that Monday/8:00 a.m. on Tuesday].

§§ 153.312(a)(2), 153.317(a)(2)

3.Thursdays—On Thursday of each week during the regular school term, beginning at [6:00 p.m./the time the child’s school is regularly dismissed] and ending at [8:00 p.m./the time the child’s school resumes on Friday].

§§ 153.312(b)(1), 153.317(a)(3)

4.Spring Vacation in Even-Numbered Years—In even-numbered years, beginning at [6:00 p.m. on the day the child is dismissed from school/the time the child’s school is dismissed] for the school’s spring vacation and end­ing at 6:00 p.m. on the day before school resumes after that vacation.

5.Extended Summer Possession by Possessory Conservator—

§ 153.312(b)(2)(A)

With Written Notice by April 1—If Possessory Conservator gives Sole Managing Conservator written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Possessory Conservator shall have possession of the child for thirty days beginning no ear­lier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice [include if applicable: , provided that the period or periods of extended summer possession do not interfere with Father’s Day possession]. These peri­ods of possession shall begin and end at 6:00 p.m. on each applicable day.

§ 153.312(b)(2)(B)

Without Written Notice by April 1—If Possessory Conservator does not give Sole Managing Conservator written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Possessory Conservator shall have possession of the child for thirty consecutive days in that year beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 31.

•Sole Managing Conservator

Notwithstanding the Thursday periods of possession during the regular school term and the weekend periods of possession ORDERED for Possessory Conservator, it is expressly ORDERED that Sole Managing Conservator shall have a superior right of possession of the child as follows:

§§ 153.312(b)(1), 153.317(a)(3)

1.Spring Vacation in Odd-Numbered Years—In odd-numbered years, beginning at [6:00 p.m. on the day the child is dismissed from school/the time the child’s school is dismissed] for the school’s spring vacation and end­ing at 6:00 p.m. on the day before school resumes after that vacation.

§ 153.312(b)(3), (c)

2.Summer Weekend Possession by Sole Managing Conservator—If Sole Managing Conservator gives Possessory Conservator written notice by April 15 of a year, Sole Managing Conservator shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by Possessory Conservator in that year, provided that Sole Manag­ing Conservator picks up the child from Possessory Conservator and returns the child to that same place [include if applicable: and that the weekend so des­ignated does not interfere with Father’s Day possession]. Not later than the fif­teenth day before the Friday that begins the designated weekend, Possessory Conservator must give Sole Managing Conservator written notice of the loca­tion at which Sole Managing Conservator is to pick up and return the child.

§ 153.312(b)(4)

3.Extended Summer Possession by Sole Managing Conservator—If Sole Managing Conservator gives Possessory Conservator written notice by April 15 of a year or gives Possessory Conservator fourteen days’ written notice on or after April 16 of a year, Sole Managing Conservator may desig­nate one weekend beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by Possessory Conservator shall not take place in that year, provided that the weekend so designated does not inter­fere with Possessory Conservator’s period or periods of extended summer pos­session [include if applicable: or with Father’s Day possession].

Notwithstanding the weekend and Thursday periods of possession of Possessory Conservator, Sole Managing Conservator and Possessory Conser­vator shall have the right to possession of the child as follows:

§§ 153.314(1), (2), 153.317(a)(4)

1.Christmas Holidays in Even-Numbered Years—In even-numbered years, Possessory Conservator shall have the right to possession of the child beginning at [6:00 p.m. on the day the child is dismissed from school/the time the child’s school is dismissed] for the Christmas school vacation and ending at noon on December 28, and Sole Managing Conservator shall have the right to possession of the child beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vaca­tion.

§§ 153.314(1), (2), 153.317(a)(4)

2.Christmas Holidays in Odd-Numbered Years—In odd-numbered years, Sole Managing Conservator shall have the right to possession of the child beginning at [6:00 p.m. on the day the child is dismissed from school/the time the child’s school is dismissed] for the Christmas school vacation and ending at noon on December 28, and Possessory Conservator shall have the right to possession of the child beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vaca­tion.

§§ 153.314(3), 153.317(a)(5)

3.Thanksgiving in Odd-Numbered Years—In odd-numbered years, Possessory Conservator shall have the right to possession of the child begin­ning at [6:00 p.m. on the day the child is dismissed from school/the time the child’s school is dismissed] before Thanksgiving and ending at 6:00 p.m. on the Sunday following Thanksgiving.

§§ 153.314(3), 153.317(a)(5)

4.Thanksgiving in Even-Numbered Years—In even-numbered years, Sole Managing Conservator shall have the right to possession of the child beginning at [6:00 p.m. on the day the child is dismissed from school/the time the child’s school is dismissed] before Thanksgiving and ending at 6:00 p.m. on the Sunday following Thanksgiving.

§ 153.314(4)

5.Child’s Birthday—If a conservator is not otherwise entitled under this Standard Possession Order to present possession of [the/a] child on the child’s birthday, that conservator shall have possession of the child [include if desired: and the child’s minor sibling[s]] beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that that conservator picks up the child[ren] from the other conservator’s residence and returns the child[ren] to that same place.

§§ 153.314(5), 153.317(a)(6)

6.Father’s Day—Father shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Father’s Day and ending at [6:00 p.m. on/8:00 a.m. on the Monday after] Father’s Day, provided that if Father is not otherwise entitled under this Standard Possession Order to present possession of the child, he shall pick up the child from the other con­servator’s residence and return the child to that same place.

§§ 153.314(6), 153.317(a)(7)

7.Mother’s Day—Mother shall have the right to possession of the child each year, beginning at [6:00 p.m./the time the child’s school is regularly dismissed] on the Friday preceding Mother’s Day and ending at [6:00 p.m. on/the time the child’s school resumes after] Mother’s Day, provided that if Mother is not otherwise entitled under this Standard Possession Order to pres­ent possession of the child, she shall pick up the child from the other conserva­tor’s residence and return the child to that same place.

d.When Parents Reside [More Than 50 but] 100 Miles or Less Apart

(d)When Parents Reside [include if applicable: More Than 50 but] 100 Miles or Less Apart

•Possessory Conservator

Except as otherwise expressly provided in this Standard Possession Order, when Possessory Conservator resides [include if applicable: more than 50 but] 100 miles or less from the primary residence of the child, Possessory Conservator shall have the right to possession of the child as follows:

1.Weekends—

§§ 153.312(a)(1),
153.317(a)(1)

On weekends that occur during the regular school term, beginning at [6:00 p.m./the time the child’s school is regularly dismissed] on the first, third, and fifth Friday of each month and ending at [6:00 p.m. on the following Sun­day/the time the child’s school resumes after the weekend].

§ 153.312(a)(1)

On weekends that do not occur during the regular school term, begin­ning at 6:00 p.m. on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.

2.Weekend Possession Extended by a Holiday—

§§ 153.315(b),
153.317(a)(8)

Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by Possessory Conservator begins on a student holiday or a teacher in-service day that falls on a Friday during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday that falls on a Friday during the summer months when school is not in session, that weekend period of possession shall begin at [6:00 p.m. on the immediately preceding Thursday/the time the child’s school is regularly dismissed on the Thursday immediately preceding the stu­dent holiday or teacher in-service day and 6:00 p.m. on the Thursday immedi­ately preceding the federal, state, or local holiday during the summer months].

§§ 153.315(a), 153.317(a)(9)

Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by Possessory Conservator ends on or is immediately followed by a student holiday or a teacher in-service day that falls on a Monday during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday that falls on a Monday during the summer months when school is not in session, that week­end period of possession shall end at [6:00 p.m. on that Monday/8:00 a.m. on Tuesday].

§§ 153.312(a)(2),
153.317(a)(2)

3.Thursdays—On Thursday of each week during the regular school term, beginning at [6:00 p.m./the time the child’s school is regularly dismissed] and ending at [8:00 p.m./the time the child’s school resumes on Friday].

§§ 153.312(b)(1),
153.317(a)(3)

4.Spring Vacation in Even-Numbered Years—In even-numbered years, beginning at [6:00 p.m. on the day the child is dismissed from school/the time the child’s school is dismissed] for the school’s spring vacation and end­ing at 6:00 p.m. on the day before school resumes after that vacation.

5.Extended Summer Possession by Possessory Conservator—

§ 153.312(b)(2)(A)

With Written Notice by April 1—If Possessory Conservator gives Sole Managing Conservator written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Possessory Conservator shall have possession of the child for thirty days beginning no ear­lier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice [include if applicable: , provided that the period or periods of extended summer possession do not interfere with Father’s Day possession]. These peri­ods of possession shall begin and end at 6:00 p.m. on each applicable day.

§ 153.312(b)(2)(B)

Without Written Notice by April 1—If Possessory Conservator does not give Sole Managing Conservator written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Possessory Conservator shall have possession of the child for thirty consecutive days in that year beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 31.

•Sole Managing Conservator

Notwithstanding the Thursday periods of possession during the regular school term and the weekend periods of possession ORDERED for Possessory Conservator, it is expressly ORDERED that Sole Managing Conservator shall have a superior right of possession of the child as follows:

§§ 153.312(b)(1),
153.317(a)(3)

1.Spring Vacation in Odd-Numbered Years—In odd-numbered years, beginning at [6:00 p.m. on the day the child is dismissed from school/the time the child’s school is dismissed] for the school’s spring vacation and end­ing at 6:00 p.m. on the day before school resumes after that vacation.

§ 153.312(b)(3), (c)

2.Summer Weekend Possession by Sole Managing Conservator—If Sole Managing Conservator gives Possessory Conservator written notice by April 15 of a year, Sole Managing Conservator shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by Possessory Conservator in that year, provided that Sole Manag­ing Conservator picks up the child from Possessory Conservator and returns the child to that same place [include if applicable: and that the weekend so des­ignated does not interfere with Father’s Day possession]. Not later than the fif­teenth day before the Friday that begins the designated weekend, Possessory Conservator must give Sole Managing Conservator written notice of the loca­tion at which Sole Managing Conservator is to pick up and return the child.

§ 153.312(b)(4)

3.Extended Summer Possession by Sole Managing Conservator—If Sole Managing Conservator gives Possessory Conservator written notice by April 15 of a year or gives Possessory Conservator fourteen days’ written notice on or after April 16 of a year, Sole Managing Conservator may desig­nate one weekend beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by Possessory Conservator shall not take place in that year, provided that the weekend so designated does not inter­fere with Possessory Conservator’s period or periods of extended summer pos­session [include if applicable: or with Father’s Day possession].

e.When Parents Reside More Than 100 Miles Apart

(e)When Parents Reside More Than 100 Miles Apart

•Possessory Conservator

Except as otherwise expressly provided in this Standard Possession Order, when Possessory Conservator resides more than 100 miles from the res­idence of the child, Possessory Conservator shall have the right to possession of the child as follows:

§§ 153.313(1),
153.312(a)(1),

1.Weekends—Unless Possessory Conservator elects the alternative period of weekend possession described in the next paragraph, Possessory Conservator shall have the right to possession of the child on weekends, begin­ning at 6:00 p.m. on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.

§ 153.313(1)

Alternate Weekend Possession—In lieu of the weekend possession described in the foregoing paragraph, Possessory Conservator shall have the right to possession of the child not more than one weekend per month of Pos­sessory Conservator’s choice beginning at 6:00 p.m. on the day school recesses for the weekend and ending at 6:00 p.m. on the day before school resumes after the weekend. Possessory Conservator may elect an option for this alternative period of weekend possession by giving written notice to Sole Managing Con­servator within ninety days after the parties begin to reside more than 100 miles apart. If Possessory Conservator makes this election, Possessory Conser­vator shall give Sole Managing Conservator fourteen days’ written or tele­phonic notice preceding a designated weekend. The weekends chosen shall not conflict with the provisions regarding Christmas, Thanksgiving, the child’s birthday, and [Father’s/Mother’s] Day possession below.

§§ 153.313(1),
153.312(a)(1),

1.Weekends—On weekends, beginning at 6:00 p.m. on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.

§ 153.313(1)

1.Weekend—One weekend per month, of Possessory Conservator’s choice, beginning at 6:00 p.m. on the day school recesses for the weekend and ending at 6:00 p.m. on the day before school resumes after the weekend, pro­vided that Possessory Conservator gives Sole Managing Conservator fourteen days’ written or telephonic notice preceding a designated weekend. The week­ends chosen shall not conflict with the provisions regarding Christmas, Thanksgiving, the child’s birthday, and [Father’s/Mother’s] Day possession below.

2.Weekend Possession Extended by a Holiday—

§§ 153.315(b),
153.317(a)(8)

Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by Possessory Conservator begins on a student holiday or a teacher in-service day that falls on a Friday during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday that falls on a Friday during the summer months when school is not in session, that weekend period of possession shall begin at [6:00 p.m. on the immediately preceding Thursday/the time the child’s school is regularly dismissed on the Thursday immediately preceding the stu­dent holiday or teacher in-service day during the regular school term and at 6:00 p.m. on the Thursday immediately preceding the federal, state, or local holiday when school is not in session].

§§ 153.315(a), 153.317(a)(9)

Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by Possessory Conservator ends on or is immediately followed by a student holiday or a teacher in-service day that falls on a Monday during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday that falls on a Monday during the summer months when school is not in session, that week­end period of possession shall end at [6:00 p.m. on that Monday/8:00 a.m. on Tuesday].

§ 153.313(2)

3.Spring Vacation in All Years—Every year, beginning at 6:00 p.m. on the day the child is dismissed from school for the school’s spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

4.Extended Summer Possession by Possessory Conservator—

§ 153.313(3)(A)

With Written Notice by April 1—If Possessory Conservator gives Sole Managing Conservator written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Possessory Conservator shall have possession of the child for forty-two days beginning no earlier than the day after the child’s school is dismissed for the summer vaca­tion and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice [include if applicable: , provided that the period or periods of extended summer possession do not interfere with Father’s Day possession]. These peri­ods of possession shall begin and end at 6:00 p.m. on each applicable day.

§ 153.313(3)(B)

Without Written Notice by April 1—If Possessory Conservator does not give Sole Managing Conservator written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Possessory Conservator shall have possession of the child for forty-two consecutive days beginning at 6:00 p.m. on June 15 and ending at 6:00 p.m. on July 27 of that year.

•Sole Managing Conservator

Notwithstanding the weekend periods of possession ORDERED for Possessory Conservator, it is expressly ORDERED that Sole Managing Con­servator shall have a superior right of possession of the child as follows:

§ 153.313(4)

1.Summer Weekend Possession by Sole Managing Conservator—If Sole Managing Conservator gives Possessory Conservator written notice by April 15 of a year, Sole Managing Conservator shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of possession by Posses­sory Conservator during Possessory Conservator’s extended summer posses­sion in that year, provided that if a period of possession by Possessory Conservator in that year exceeds thirty days, Sole Managing Conservator may have possession of the child under the terms of this provision on any two non­consecutive weekends during that period and provided that Sole Managing Conservator picks up the child from Possessory Conservator and returns the child to that same place [include if applicable: and that no weekend so desig­nated interferes with Father’s Day possession].

§ 153.313(5)

2.Extended Summer Possession by Sole Managing Conservator—If Sole Managing Conservator gives Possessory Conservator written notice by April 15 of a year, Sole Managing Conservator may designate twenty-one days beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, during which Possessory Conservator shall not have possession of the child, provided that the period or periods so designated do not interfere with Possessory Conserva­tor’s period or periods of extended summer possession [include if applicable: or with Father’s Day possession]. These periods of possession shall begin and end at 6:00 p.m. on each applicable day.

f.Holidays

(f)Holidays

Notwithstanding the weekend and Thursday periods of possession of Possessory Conservator, [include if applicable: except when Possessory Con­servator resides fifty miles or less from the primary residence of the child,] Sole Managing Conservator and Possessory Conservator shall have the right to possession of the child as follows:

§§ 153.314(1), (2),
153.317(a)(4)

1.Christmas Holidays in Even-Numbered Years—In even-numbered years, Possessory Conservator shall have the right to possession of the child beginning at [6:00 p.m. on the day the child is dismissed from school/the time the child’s school is dismissed] for the Christmas school vacation and ending at noon on December 28, and Sole Managing Conservator shall have the right to possession of the child beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vaca­tion.

§§ 153.314(1), (2),
153.317(a)(4)

2.Christmas Holidays in Odd-Numbered Years—In odd-numbered years, Sole Managing Conservator shall have the right to possession of the child beginning at [6:00 p.m. on the day the child is dismissed from school/the time the child’s school is dismissed] for the Christmas school vacation and ending at noon on December 28, and Possessory Conservator shall have the right to possession of the child beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vaca­tion.

§§ 153.314(3),
153.317(a)(5)

3.Thanksgiving in Odd-Numbered Years—In odd-numbered years, Possessory Conservator shall have the right to possession of the child begin­ning at [6:00 p.m. on the day the child is dismissed from school/the time the child’s school is dismissed] before Thanksgiving and ending at 6:00 p.m. on the Sunday following Thanksgiving.

§§ 153.314(3),
153.317(a)(5)

4.Thanksgiving in Even-Numbered Years—In even-numbered years, Sole Managing Conservator shall have the right to possession of the child beginning at [6:00 p.m. on the day the child is dismissed from school/the time the child’s school is dismissed] before Thanksgiving and ending at 6:00 p.m. on the Sunday following Thanksgiving.

§ 153.314(4)

5.Child’s Birthday—If a conservator is not otherwise entitled under this Standard Possession Order to present possession of [the/a] child on the child’s birthday, that conservator shall have possession of the child [include if desired: and the child’s minor sibling[s]] beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that that conservator picks up the child[ren] from the other conservator’s residence and returns the child[ren] to that same place.

§§ 153.314(5),
153.317(a)(6)

6.Father’s Day—Father shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Father’s Day and ending at [6:00 p.m. on/8:00 a.m. on the Monday after] Father’s Day, provided that if Father is not otherwise entitled under this Standard Possession Order to present possession of the child, he shall pick up the child from the other con­servator’s residence and return the child to that same place.

§§ 153.314(6),
153.317(a)(7)

7.Mother’s Day—Mother shall have the right to possession of the child each year, beginning at [6:00 p.m./the time the child’s school is regularly dismissed] on the Friday preceding Mother’s Day and ending at [6:00 p.m. on/the time the child’s school resumes after] Mother’s Day, provided that if Mother is not otherwise entitled under this Standard Possession Order to pres­ent possession of the child, she shall pick up the child from the other conserva­tor’s residence and return the child to that same place.

g.Undesignated Periods of Possession

(g)Undesignated Periods of Possession

Sole Managing Conservator shall have the right of possession of the child at all other times not specifically designated in this Standard Possession Order for Possessory Conservator.

h.General Terms and Conditions

(h)General Terms and Conditions

Except as otherwise expressly provided in this Standard Possession Order, the terms and conditions of possession of the child that apply regardless of the distance between the residence of a parent and the child are as follows:

1.Surrender of Child by Sole Managing Conservator—Sole Manag­ing Conservator is ORDERED to surrender the child to Possessory Conserva­tor at the beginning of each period of Possessory Conservator’s possession at the residence of Sole Managing Conservator.

If a period of possession by Possessory Conservator begins at the time the child’s school is regularly dismissed, Sole Managing Conservator is ORDERED to surrender the child to Possessory Conservator at the beginning of each such period of possession at the school in which the child is enrolled. If the child is not physically attending school, Possessory Conservator shall pick up the child at the residence of Sole Managing Conservator at [time], and Sole Managing Conservator is ORDERED to surrender the child to Possessory Conservator at the residence of Sole Managing Conservator at [time] under these circumstances.

2.Surrender of Child by Possessory Conservator—Possessory Con­servator is ORDERED to surrender the child to Sole Managing Conservator at the residence of Possessory Conservator at the end of each period of posses­sion.

2.Return of Child by Possessory Conservator—Possessory Conserva­tor is ORDERED to return the child to the residence of Sole Managing Conser­vator at the end of each period of possession. However, it is ORDERED that, if Sole Managing Conservator and Possessory Conservator live in the same county at the time of rendition of this order, Possessory Conservator’s county of residence remains the same after rendition of this order, and Sole Managing Conservator’s county of residence changes, effective on the date of the change of residence by Sole Managing Conservator, Possessory Conservator shall sur­render the child to Sole Managing Conservator at the residence of Possessory Conservator at the end of each period of possession.

If a period of possession by Possessory Conservator ends at the time the child’s school resumes, Possessory Conservator is ORDERED to surrender the child to Sole Managing Conservator at the end of each such period of posses­sion at the school in which the child is enrolled or, if the child is not physically attending school, at the residence of Sole Managing Conservator at [time].

3.Surrender of Child by Possessory Conservator—Possessory Con­servator is ORDERED to surrender the child to Sole Managing Conservator, if the child is in Possessory Conservator’s possession or subject to Possessory Conservator’s control, at the beginning of each period of Sole Managing Con­servator’s exclusive periods of possession, at the place designated in this Stan­dard Possession Order.

4.Return of Child by Sole Managing Conservator—Sole Managing Conservator is ORDERED to return the child to Possessory Conservator, if Possessory Conservator is entitled to possession of the child, at the end of each of Sole Managing Conservator’s exclusive periods of possession, at the place designated in this Standard Possession Order.

5.Personal Effects—Each conservator is ORDERED to return with the child the personal effects that the child brought at the beginning of the period of possession.

6.Designation of Competent Adult—Each conservator may designate any competent adult to pick up and return the child, as applicable. IT IS ORDERED that a conservator or a designated competent adult be present when the child is picked up or returned.

7.Inability to Exercise Possession—Each conservator is ORDERED to give notice to the person in possession of the child on each occasion that the conservator will be unable to exercise that conservator’s right of possession for any specified period.

8.Written Notice—Written notice, including notice provided by elec­tronic mail or facsimile or as otherwise authorized in this decree, shall be deemed to have been timely made if received or, if applicable, postmarked before or at the time that notice is due. Each conservator is ORDERED to notify the other conservator of any change in the conservator’s electronic mail address or facsimile number within twenty-four hours after the change.

9.Notice to School and Sole Managing Conservator—If Possessory Conservator’s time of possession of the child ends at the time school resumes and for any reason the child is not or will not be returned to school, Possessory Conservator shall immediately notify the school and Sole Managing Conserva­tor that the child will not be or has not been returned to school.

This concludes the Standard Possession Order.

10.H.2.Prospective Order—Child under 3 Years
§ 153.254

The Court further ORDERS that until a child of this marriage reaches three years of age, Possessory Conservator shall have possession of and access to that child as follows: [specify periods of possession of and access to the child for each party and the general terms and conditions that apply to these periods].

The Court further ORDERS that when a child reaches three years of age, Possessory Conservator shall have possession of and access to that child as set forth in the preceding Standard Possession Order.

10.H.3.Duration

The periods of possession ordered above apply to [the/each] child the subject of this suit while that child is under the age of eighteen years and not otherwise emancipated.

10.H.4.Noninterference with Possession

Except as expressly provided herein, IT IS ORDERED that neither con­servator shall take possession of the child[ren] during the other conservator’s period of possession unless there is a prior written agreement signed by both conservators or in case of an emergency.

10.H.5.Electronic Communication

For purposes of this order, the term “electronic communication” means any communication facilitated by the use of any wired or wireless technology via the Internet or any other electronic media. The term includes communica­tion facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam.

IT IS ORDERED that [[name[s]]/the conservators] shall have electronic communication with the child[ren] to supplement [his/her/their] periods of possession as follows: [set out times and general conditions of electronic com­munication between each child and each conservator granted electronic com­munication with that child].

The Court finds that, even though it has [made a finding of family vio­lence/imposed supervised visitation between the child[ren] and [name]/made a finding of family violence and imposed supervised visitation between the child[ren] and [name]], the parties have agreed to periods of electronic com­munication between [name] and the child[ren]. IT IS THEREFORE ORDERED that, pursuant to the parties’ agreement, [name] shall have elec­tronic communication with the child[ren] as follows: [set out times and general conditions of electronic communication with each applicable child in bold-faced, capitalized type, including any specific restrictions relating to family violence or supervised visitation required by other law to be included in a pos­session or access order].

IT IS ORDERED that each conservator shall—

1.provide the other conservator[s] with the e-mail address[es] and other electronic communication access information of the child[ren] within [number] [hours/days] after the Court signs this order;

2.notify the other conservator[s] of any change in the e-mail
address[es] or other electronic communication access information not later than twenty-four hours after the date the change takes effect; and

3.if necessary equipment is reasonably available, accommodate elec­tronic communication with the child with the same privacy, respect, and dig­nity accorded all other forms of access, at a reasonable time and for a reasonable duration subject to any limitation provided in this order.

10.H.6.Restricted Periods of Access—Family Violence
§ 153.004(d)(1), (d–1)

The Court finds that [name] has a history or pattern of committing fam­ily violence during the two-year period preceding the filing of this suit or during the pendency of this suit. The Court further finds that awarding [name] access to the child[ren] would not endanger the child[ren]’s physical health or emotional welfare and would be in the best interest of the child[ren]. IT IS THEREFORE ORDERED as follows:

1.Visitation shall be under the supervision of [name of person or supervising agency or program] [on the following days and times: [list days and times of access]/on the days and times prescribed by [name of person or supervising agency or program]].

2.All exchanges of possession of or access to the child[ren] shall occur at [specify place and address].

3.[Name] shall abstain from the consumption of alcohol or any con­trolled substance within the twelve hours before and during each of [name]’s periods of possession of or access to the child[ren].

4.[Name] shall attend [describe details of battering intervention and prevention program or treatment by mental health professional] and shall pro­vide proof of such attendance to the Court within [specify].

10.H.7.Supervised Visitation— Family Violence or Child Abuse or Neglect
§ 153.004(e)

The Court finds that credible evidence has been presented that there is a history or pattern of [child neglect/child abuse/family violence/child neglect and abuse/child neglect and family violence/child abuse and family violence/child abuse, child neglect, and family violence] committed by [Petitioner/Respondent/[name], who [resides in [Petitioner/Respondent]’s household/is permitted by [Petitioner/Respondent] to have unsupervised access to the child[ren] during [Petitioner/Respondent]’s periods of possession of or access to the child[ren]]]. IT IS THEREFORE ORDERED that [Petitioner/Respon­dent]’s access shall be under the supervision of [name of person or supervising agency or program] [on the following days and times: [list days and times of access and general terms and conditions]/on the days and times prescribed by [name of person or supervising agency or program]].

10.H.8.Termination of Orders on Remarriage
§ 154.006(b)

The provisions of this decree relating to conservatorship, possession, or access terminate on the remarriage of [name of obligor] to [name of obligee] unless a nonparent or agency has been appointed conservator of the child[ren] under chapter 153 of the Texas Family Code.

10.H.9.Adult Disabled Child

10.H.10.Security for Possession and Access

IT IS FURTHER ORDERED that [name] [post a cash or security bond in the amount of [number] dollars ($[amount]) payable to [name]/deposit with the Court [describe security]], conditioned on [name]’s compliance with the Court’s orders concerning possession and access contained in this decree.

10.H.11.Means of Travel

Means of Travel—[See form 56-15 for provisions dealing with specific duties of the conservators to provide appropriate transportation to and from the relevant transportation facilities.]

10.H.12.International Travel

Each conservator is ORDERED to provide [the/each] other conservator with the appropriate written authorization, within ten days after written request is received, as is necessary to allow the child[ren] to travel with the other con­servator[s] beyond the territorial limits of the United States. The conservators are ORDERED to exchange passports as is necessary to allow such travel. [Include if applicable: The conservators agree and IT IS ORDERED that this decree shall serve as written authorization for such travel.] [See form 56-12 for order regarding possession and transfer of child[ren]’s passport[s].]

10.I.Child Support

•All Decrees Providing Child Support

10.I.1.Monthly Payments—One Child

IT IS ORDERED that [name of obligor] is obligated to pay and shall pay to [name of obligee] child support of [number] dollars ($[amount]) per month, with the first payment being due and payable on [date] and a like payment being due and payable on the [specify] day of each month thereafter until the first month following the date of the earliest occurrence of one of the events specified below:

1.the child reaches the age of eighteen years or graduates from high school, whichever occurs later, subject to the provisions for support beyond the age of eighteen years set out below;

2.the child marries;

3.the child dies;

4.the child enlists in the armed forces of the United States and begins active service as defined by section 101 of title 10 of the United States Code; or

5.the child’s disabilities are otherwise removed for general purposes.

If the child is eighteen years of age and has not graduated from high school and [name of obligor]’s obligation to support the child has not already terminated, IT IS ORDERED that [name of obligor]’s obligation to pay child support to [name of obligee] shall not terminate but shall continue for as long as the child is enrolled—

1.under chapter 25 of the Texas Education Code in an accredited sec­ondary school in a program leading toward a high school diploma or under sec­tion 130.008 of the Education Code in courses for joint high school and junior college credit and is complying with the minimum attendance requirements of subchapter C of chapter 25 of the Education Code or

2.on a full-time basis in a private secondary school in a program leading toward a high school diploma and is complying with the minimum attendance requirements imposed by that school.

10.I.2.Monthly Payments—More Than One Child

IT IS ORDERED that [name of obligor] is obligated to pay and shall pay to [name of obligee] child support of [number] dollars ($[amount]) per month, with the first payment being due and payable on [date] and a like payment being due and payable on the [specify] day of each month thereafter until the first month following the date of the earliest occurrence of one of the events specified below:

1.any child reaches the age of eighteen years or graduates from high school, whichever occurs later, subject to the provisions for support beyond the age of eighteen years set out below;

2.any child marries;

3.any child dies;

4.any child enlists in the armed forces of the United States and begins active service as defined by section 101 of title 10 of the United States Code; or

5.any child’s disabilities are otherwise removed for general purposes.

Thereafter, [name of obligor] is ORDERED to pay to [name of obligee] child support of [number] dollars ($[amount]) per month, due and payable on the [specify] day of the first month immediately following the date of the earli­est occurrence of one of the events specified above for that child and a like sum of [number] dollars ($[amount]) due and payable on the [specify] day of each month thereafter until the next occurrence of one of the events specified above for [the other/another] child for whom [name of obligor] remained obligated to pay support under this order. [Continue as required for additional reductions.]

If a child is eighteen years of age and has not graduated from high school and [name of obligor]’s obligation to support the child has not already terminated, IT IS ORDERED that [name of obligor]’s obligation to pay child support to [name of obligee] shall not terminate but shall continue for as long as the child is enrolled—

1.under chapter 25 of the Texas Education Code in an accredited sec­ondary school in a program leading toward a high school diploma or under sec­tion 130.008 of the Education Code in courses for joint high school and junior college credit and is complying with the minimum attendance requirements of subchapter C of chapter 25 of the Education Code or

2.on a full-time basis in a private secondary school in a program leading toward a high school diploma and is complying with the minimum attendance requirements imposed by that school.

10.I.3.Disabled Child
§ 154.302

a.Minor Disabled Child

The Court finds that [name], a child of this marriage, requires substan­tial care and personal supervision because of a mental or physical disability and will not be capable of self-support, that payments for the support of this child should be continued after the child’s eighteenth birthday for an indefinite period, and that both parents have a duty to support the child.

IT IS ORDERED that [name of obligor] is obligated to pay and shall pay to [name of designated recipient] support for [name of child] of [number] dol­lars ($[amount]) per month, with the first installment being due and payable on [date] and a like installment being due and payable on the [specify] day of each month thereafter until the first month following the death of the child or further order modifying this child support.

b.Adult Disabled Child

The Court finds that [name], an adult child of this marriage, requires substantial care and personal supervision because of a mental or physical dis­ability and will not be capable of self-support, that the disability existed or its cause was known to exist before or on the child’s eighteenth birthday, that pay­ments for the support of this child should be continued for an indefinite period, and that both parents have a duty to support the child.

IT IS ORDERED that [name of obligor] is obligated to pay and shall pay to [name of designated recipient] support for [name of child] of [number] dol­lars ($[amount]) per month, with the first installment being due and payable on [date] and a like installment being due and payable on the [specify] day of each month thereafter until the first month following the death of the child or further order modifying this child support.

10.I.4.Statement on Guidelines
§ 154.130

In accordance with Texas Family Code section 154.130, the Court makes the following findings and conclusions regarding the child support order made in open court in this case on [date]:

1.[The amount of child support ordered by the Court is in accordance with the percentage guidelines./The application of the percentage guidelines in this case would be unjust or inappropriate.]

2.The net resources of [name of obligor] per month are $[amount].

3.The net resources of [name of obligee] per month are $[amount].

4.The percentage applied to the first $9,200 of [name of obligor]’s net resources for child support is [percent] percent.

4.The percentage applied to [name of obligor]’s net resources for child support is [percent] percent.

5.The specific reasons that the amount of support per month ordered by the Court varies from the amount computed by applying the percentage guidelines of section [154.125/154.129] of the Texas Family Code are: [state reasons].

10.I.5.Withholding from Earnings

IT IS ORDERED that any employer of [name of obligor] shall be ordered to withhold the child support payments ordered in this order from the disposable earnings of [name of obligor] for the support of [name[s] of child[ren]].

10.I.6.Withholding as Credit against Support Obligation

IT IS FURTHER ORDERED that all amounts withheld from the dispos­able earnings of [name of obligor] by the employer and paid in accordance with the order to that employer shall constitute a credit against the child support obligation. Payment of the full amount of child support ordered paid by this decree through the means of withholding from earnings shall discharge the child support obligation. If the amount withheld from earnings and credited against the child support obligation is less than 100 percent of the amount ordered to be paid by this decree, the balance due remains an obligation of [name of obligor], and it is hereby ORDERED that [name of obligor] pay the balance due directly to the state disbursement unit as specified below.

10.I.7.Order to Employer

On this date the Court [signed/authorized the issuance of] an Income Withholding for Support. [See form 9-3.]

10.I.8.Payment

IT IS ORDERED that all payments shall be made through the state dis­bursement unit at Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, Texas 78265-9791, and thereafter promptly remitted to [name of obligee] for the support of the child[ren]. IT IS ORDERED that all payments shall be made payable to the Office of the Attorney General and include the ten-digit Office of the Attorney General case number (if available), the cause number of this suit, [name of obligor]’s name as the name of the noncustodial parent (NCP), and [name of obligee]’s name as the name of the custodial parent (CP). Payment options are found on the Office of the Attorney General’s web­site at www.texasattorneygeneral.gov/cs/payment-options-and-types.

IT IS ORDERED that each party shall pay, when due, all fees charged to that party by the state disbursement unit and any other agency statutorily authorized to charge a fee.

10.I.9.Change of Employment

IT IS FURTHER ORDERED that [name of obligor] shall notify this Court and [name of obligee] by U.S. certified mail, return receipt requested, of any change of address and of any termination of employment. This notice shall be given no later than seven days after the change of address or the termination of employment. This notice or a subsequent notice shall also provide the cur­rent address of [name of obligor] and the name and address of [his/her] current employer, whenever that information becomes available.

10.I.10.Clerk’s Duties

IT IS ORDERED that, on the request of a prosecuting attorney, the title IV-D agency, the friend of the Court, a domestic relations office, [name of obli­gee], [name of obligor], or an attorney representing [name of obligee] or [name of obligor], the clerk of this Court shall cause a certified copy of the Income Withholding for Support to be delivered to any employer.

10.I.11.Suspension of Withholding from Earnings

The Court finds that [good cause exists/the parties have agreed] that no order to withhold from earnings for child support should be delivered to any employer of [name of obligor] as long as no delinquency or other violation of this child support order occurs and as long as the Office of the Attorney Gen­eral Child Support Division is not providing services to [name of obligee]. For the purpose of this provision, a delinquency has occurred if [name of obligor] has been in arrears for an amount due for more than thirty days or the amount of the arrearages equals or is greater than the amount due for a one-month period. If a delinquency or other violation occurs or if the Office of the Attor­ney General Child Support Division begins providing services to [name of obli­gee], the clerk shall deliver the order to withhold earnings as provided above.

Accordingly, IT IS ORDERED that, as long as no delinquency or other violation of this child support order occurs and as long as the Office of the Attorney General Child Support Division is not providing services to [name of obligee], all payments shall be made through the state disbursement unit and thereafter promptly remitted to [name of obligee] for the support of the child[ren]. If a delinquency or other violation occurs or if the Office of the Attorney General Child Support Division begins providing services to [name of obligee], all payments shall be made in accordance with the order to with­hold earnings as provided above.

10.I.12.Medical and Dental Support
§§ 154.008, 154.181–.192

IT IS ORDERED that [name of obligor] and [name of obligee] shall each provide additional child support for [the/each] child as set out in this order for as long as the Court may order [name of obligor] and [name of obligee] to pro­vide support for the child under sections 154.001 and 154.002 of the Texas Family Code. Beginning on the day [name of obligor] and [name of obligee]’s actual or potential obligation to support [the/a] child under sections 154.001 and 154.002 of the Family Code terminates, IT IS ORDERED that [name of obligor] and [name of obligee] are discharged from these obligations [include if applicable: with respect to that child], except for any failure by a parent to fully comply with these obligations before that date. [Include if applicable: IT IS FURTHER ORDERED that the [cash medical support payments/additional child support payments for the cost of [health/dental/health and dental] insur­ance] ordered below are payable through the state disbursement unit and sub­ject to the provisions for withholding from earnings provided above for other child support payments.]

10.I.12.a.Definitions

1.Definitions—

§ 101.015

“Health insurance” means insurance coverage that provides basic health-care services, including usual physician services, office visits, hospital­ization, and laboratory, X-ray, and emergency services, that may be provided through a health maintenance organization or other private or public organiza­tion, other than medical assistance under chapter 32 of the Texas Human Resources Code.

§ 154.181(e)

“Reasonable cost” of health insurance means the cost of health insur­ance coverage for a child that does not exceed 9 percent of [name of obligor]’s annual resources, as described by section 154.062(b) of the Texas Family Code.

“Reasonable cost” of health insurance means the total cost of health insurance coverage for all children for which [name of obligor] is responsible under a medical support order that does not exceed 9 percent of [name of obli­gor]’s annual resources, as described by section 154.062(b) of the Texas Fam­ily Code.

§ 101.0094

“Dental insurance” means insurance coverage that provides preventive dental care and other dental services, including usual dentist services, office visits, examinations, X-rays, and emergency services, that may be provided through a single service health maintenance organization or other private or public organization.

§ 154.1815(a)

“Reasonable cost” of dental insurance means the cost of dental insur­ance coverage for a child that does not exceed 1.5 percent of [name of obli­gor]’s annual resources, as described by section 154.062(b) of the Texas Family Code.

“Reasonable cost” of dental insurance means the total cost of dental insurance coverage for all children for which [name of obligor] is responsible under a dental support order that does not exceed 1.5 percent of [name of obli­gor]’s annual resources, as described by section 154.062(b) of the Texas Fam­ily Code.

§ 154.183(c)

“Health-care expenses” include, without limitation, medical, surgical, prescription drug, mental health-care services, dental, eye care, ophthalmolog­ical, and orthodontic charges but do not include expenses for travel to and from the provider or for nonprescription medication.

“Health-care expenses that are not reimbursed by insurance” (“unreim­bursed expenses”) include related copayments and deductibles.

10.I.12.b.Findings on Availability of Health Insurance
§ 154.182(a), (b)

2.Findings on Availability of Health Insurance—Having considered the cost, accessibility, and quality of health insurance coverage available to the parties, the Court finds:

Health insurance is available or is in effect for the child[ren] through [name of obligor]’s employment or membership in a union, trade association, or other organization at a reasonable cost of $[amount] per month.

Health insurance is available or is in effect for the child[ren] through [name of obligee]’s employment or membership in a union, trade association, or other organization at a reasonable cost of $[amount] per month.

Health insurance is available to [name of obligor] at a reasonable cost of $[amount] per month from a source other than through [his/her] employment or membership in a union, trade association, or other organization, including the program under section 154.1826 of the Texas Family Code to provide health insurance in title IV-D cases.

Health insurance is available to [name of obligee] at a reasonable cost of $[amount] per month from a source other than through [his/her] employment or membership in a union, trade association, or other organization, including the program under section 154.1826 of the Texas Family Code to provide health insurance in title IV-D cases.

No parent has access to private health insurance at a reasonable cost.

Good cause exists to deviate from the statutory priorities in ordering health-care coverage for the following reason[s]: [specify good cause].

IT IS FURTHER FOUND that the following orders regarding health-care coverage are in the best interest of the child[ren].

10.I.12.c.Provision of Health-Care Coverage

3.Provision of Health-Care Coverage—

10.I.12.c.(1)Health Insurance to Be Provided by Obligor

As additional child support, [name of obligor] is ORDERED to [main­tain/obtain, within [number] days after entry of this order, and then maintain] health insurance for [the/each] child as long as child support is payable for that child. [Name of obligor] is ORDERED—

a.to provide to each conservator of the child[ren] [include if applicable: and the Office of the Attorney General Child Sup­port Division] the following information no later than the thir­tieth day after the date the notice of the rendition of this order is received:

i.[name of obligor]’s Social Security number;

ii.the name and address of [name of obligor]’s employer;

iii.whether [name of obligor]’s employer is self-insured or has health insurance available;

iv.proof that health insurance has been provided for [the/each] child;

v.if [name of obligor]’s employer has health insurance available:

(a)the name of the health insurance carrier;

(b)the number of the policy;

(c)a copy of the policy;

(d)a schedule of benefits;

(e)a health insurance membership card;

(f)claim forms; and

(g)any other information necessary to submit a claim; and

vi.if [name of obligor]’s employer is self-insured:

(a)a copy of the schedule of benefits;

(b)a membership card;

(c)claim forms; and

(d)any other information necessary to submit a claim;

a.to provide to each conservator of the child[ren] [include if applicable: and the Office of the Attorney General Child Sup­port Division] the following information no later than the thir­tieth day after the date the notice of the rendition of this order is received:

i.[name of obligor]’s Social Security number;

ii.proof that health insurance has been provided for [the/each] child; and

iii.the following information and documents:

(a)      the name of the health insurance carrier;

(b)      the number of the policy;

(c)      a copy of the policy;

(d)      a schedule of benefits;

(e)      a health insurance membership card;

(f)      claim forms; and

(g)      any other information necessary to submit a claim;

b.to provide to each conservator of the child[ren] [include if applicable: and the Office of the Attorney General Child Sup­port Division] a copy of any renewals or changes to the health insurance policy covering [the/a] child and any additional information regarding health insurance coverage of the child[ren] not later than the fifteenth day after [name of obli­gor] receives or is provided with the renewal, change, or addi­tional information;

c.to notify each conservator of the child[ren] [include if applica­ble: and the Office of the Attorney General Child Support Division] of any termination or lapse of the health insurance coverage of [the/a] child not later than the fifteenth day after the date of the termination or lapse;

d.after a termination or lapse of health insurance coverage, to notify each conservator of the child[ren] [include if applicable: and the Office of the Attorney General Child Support Divi­sion] of the availability to [name of obligor] of additional health insurance for the child[ren] not later than the fifteenth day after the date the additional health insurance becomes available; and

e.after a termination or lapse of health insurance coverage, to enroll the child[ren] in a health insurance plan that is available to [name of obligor] at reasonable cost at the next available enrollment period.

Pursuant to section 1504.051 of the Texas Insurance Code, IT IS ORDERED that if [name of obligor] is eligible for dependent health coverage but fails to apply to obtain coverage for the child[ren], the insurer shall enroll the child[ren] on application of [name of obligee] or others as authorized by law.

10.I.12.c.(2)Health Insurance to Be Provided by Obligee

As additional child support, [name of obligee] is ORDERED to [main­tain/obtain, within [number] days after entry of this order, and then maintain] health insurance for [the/each] child as long as child support is payable for that child. [Name of obligee] is ORDERED—

a.to provide to each conservator of the child[ren] [include if applicable: and the Office of the Attorney General Child Sup­port Division] the following information no later than the thir­tieth day after the date the notice of the rendition of this order is received:

i.[name of obligee]’s Social Security number;

ii.the name and address of [name of obligee]’s employer;

iii.whether [name of obligee]’s employer is self-insured or has health insurance available;

iv.proof that health insurance has been provided for [the/each] child;

v.if [name of obligee]’s employer has health insurance available:

(a)the name of the health insurance carrier;

(b)the number of the policy;

(c)a copy of the policy;

(d)a schedule of benefits;

(e)a health insurance membership card;

(f)claim forms; and

(g)any other information necessary to submit a claim; and

vi.if [name of obligee]’s employer is self-insured:

(a)a copy of the schedule of benefits;

(b)a membership card;

(c)claim forms; and

(d)any other information necessary to submit a claim;

a.to provide to each conservator of the child[ren] [include if applicable: and the Office of the Attorney General Child Sup­port Division] the following information no later than the thir­tieth day after the date the notice of the rendition of this order is received:

i.[name of obligee]’s Social Security number;

ii.proof that health insurance has been provided for [the/each] child; and

iii.the following information and documents:

(a)      the name of the health insurance carrier;

(b)      the number of the policy;

(c)      a copy of the policy;

(d)      a schedule of benefits;

(e)      a health insurance membership card;

(f)      claim forms; and

(g)      any other information necessary to submit a claim;

b.to provide to each conservator of the child[ren] [include if applicable: and the Office of the Attorney General Child Sup­port Division] a copy of any renewals or changes to the health insurance policy covering [the/a] child and any additional information regarding health insurance coverage of the child[ren] not later than the fifteenth day after [name of obli­gee] receives or is provided with the renewal, change, or addi­tional information;

c.to notify each conservator of the child[ren] [include if applica­ble: and the Office of the Attorney General Child Support Division] of any termination or lapse of the health insurance coverage of [the/a] child not later than the fifteenth day after the date of the termination or lapse;

d.after a termination or lapse of health insurance coverage, to notify each conservator of the child[ren] [include if applicable: and the Office of the Attorney General Child Support Divi­sion] of the availability to [name of obligee] of additional health insurance for the child[ren] not later than the fifteenth day after the date the additional health insurance becomes available; and

e.after a termination or lapse of health insurance coverage, to enroll the child[ren] in a health insurance plan that is available to [name of obligee] at reasonable cost at the next available enrollment period.

Pursuant to section 1504.051 of the Texas Insurance Code, IT IS ORDERED that if [name of obligee] is eligible for dependent health coverage but fails to apply to obtain coverage for the child[ren], the insurer shall enroll the child[ren] on application of [name of obligor] or others as authorized by law.

Pursuant to section 154.182(b–1) of the Texas Family Code, [name of obligor] is ORDERED to pay [name of obligee], as additional child support, the amount of [number] dollars ($[amount]) per month for the cost of health insurance, with the first installment being due and payable on [date] and a like installment being due and payable on or before the [specify] day of each month thereafter until the termination of current child support for [the child/all chil­dren] under this order.

IT IS FURTHER ORDERED that the Income Withholding Order for Support authorized above in this order shall include the payments for the cost of health insurance ordered herein.

IT IS FURTHER ORDERED that all payments for the cost of health insurance shall be made through the state disbursement unit at Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, Texas 78265-9791. IT IS ORDERED that all payments shall be made payable to the Office of the Attorney General and include the ten-digit Office of the Attorney Gen­eral case number (if available), the cause number of this suit, [name of obli­gor]’s name as the name of the noncustodial parent (NCP), and [name of obligee]’s name as the name of the custodial parent (CP). Payment options are found on the Office of the Attorney General’s website at www
.texasattorneygeneral.gov/cs/payment-options-and-types.

IT IS ORDERED that the provisions of this order for payments for the cost of health insurance shall be an obligation of the estate of [name of obligor] and shall not terminate on [his/her] death.

10.I.12.c.(3)No Private Health Insurance Available

[Name of obligee] is ORDERED to [maintain/apply for, within [number] days after entry of this order, and then maintain] coverage under a governmen­tal medical assistance program or health plan for [the/each] child as long as child support is payable for that child, by paying all applicable fees required for the coverage, including but not limited to enrollment fees and premiums. [Name of obligee] is ORDERED—

a.to provide to each conservator of the child[ren] [include if applicable: and the Office of the Attorney General Child Sup­port Division] the following information no later than the thir­tieth day after the date the notice of the rendition of this order is received:

i.[name of obligee]’s Social Security number;

ii.proof that coverage under a governmental medical assis­tance program or health plan has been provided for [the/each] child;

iii.the following documents, to the extent they are applicable for the coverage provided for [the/each] child:

(a)      the name of the health insurance carrier;

(b)      the number of the policy;

(c)      a copy of the policy;

(d)      a schedule of benefits;

(e)      a health insurance membership card or Children’s Medicaid card;

(f)      claim forms; and

(g)      any other information necessary to submit a claim; and

b.to provide to each conservator of the child[ren] [include if applicable: and the Office of the Attorney General Child Sup­port Division] a copy of any renewals or changes to the cover­age provided for [the/a] child and any additional information regarding that coverage of the child not later than the fifteenth day after [name of obligee] receives or is provided with the renewal, change, or additional information;

c.to notify each conservator of the child[ren] [include if applica­ble: and the Office of the Attorney General Child Support Division] of any termination or lapse of the coverage provided for [the/a] child not later than the fifteenth day after the date of the termination or lapse;

d.after a termination or lapse of coverage provided for [the/a] child, to notify each conservator of the child[ren] [include if applicable: and the Office of the Attorney General Child Sup­port Division] of the availability to [name of obligee] of addi­tional health insurance for the child[ren] or coverage under a governmental medical assistance program or health plan not later than the fifteenth day after the date the additional health insurance or coverage becomes available; and

e.after a termination or lapse of the coverage provided for [the/a] child, to enroll the child[ren] in a medical assistance pro­gram under chapter 32 of the Texas Human Resources Code or a state child health plan under chapter 62 of the Texas Health and Safety Code if the child[ren] [is/are] eligible for enrollment in the program.

Pursuant to section 154.182(b)(3) of the Texas Family Code, [name of obligor] is ORDERED to pay [name of obligee] cash medical support, as addi­tional child support, of [number] dollars ($[amount]) per month, with the first installment being due and payable on [date] and a like installment being due and payable on or before the [specify] day of each month thereafter until the termination of current child support for [the child/all children] under this order.

IT IS FURTHER ORDERED that the Income Withholding Order for Support authorized above in this order shall include the payments for the cash medical support ordered herein.

IT IS FURTHER ORDERED that all payments of cash medical support shall be made through the state disbursement unit at Texas Child Support Dis­bursement Unit, P.O. Box 659791, San Antonio, Texas 78265-9791. IT IS ORDERED that all payments shall be made payable to the Office of the Attor­ney General and include the ten-digit Office of the Attorney General case num­ber (if available), the cause number of this suit, [name of obligor]’s name as the name of the noncustodial parent (NCP), and [name of obligee]’s name as the name of the custodial parent (CP). Payment options are found on the Office of the Attorney General’s website at www.texasattorneygeneral.gov/cs/
payment-options-and-types.

IT IS ORDERED that the cash medical support provisions of this order shall be an obligation of the estate of [name of obligor] and shall not terminate on [his/her] death.

[Name of obligor] is allowed to discontinue payment of cash medical support, for the time [name of obligor] is providing coverage, if—

a.health insurance for the child[ren] becomes available to [name of obligor] at a reasonable cost;

b.[name of obligor] enrolls the child[ren] in the insurance plan; and

c.[name of obligor] provides [name of obligee] [include if appli­cable: and the title IV-D agency] the information required under section 154.185 of the Texas Family Code.

10.I.12.d.Findings on Availability of Dental Insurance

§ 154.1825(b), (c)

4.Findings on Availability of Dental Insurance—Having considered the cost, accessibility, and quality of dental insurance coverage available to the parties, the Court finds:

Dental insurance is available or is in effect for the child[ren] through [name of obligor]’s employment or membership in a union, trade association, or other organization at a reasonable cost of $[amount] per month.

Dental insurance is available or is in effect for the child[ren] through [name of obligee]’s employment or membership in a union, trade association, or other organization at a reasonable cost of $[amount] per month.

Dental insurance is available to [name of obligor] at a reasonable cost of $[amount] per month from a source other than through [his/her] employment or membership in a union, trade association, or other organization.

Dental insurance is available to [name of obligee] at a reasonable cost of $[amount] per month from a source other than through [his/her] employment or membership in a union, trade association, or other organization.

No parent has access to dental insurance at a reasonable cost.

Good cause exists to deviate from the statutory priorities in ordering dental coverage for the following reason[s]: [specify good cause].

IT IS FURTHER FOUND that the following orders regarding dental coverage are in the best interest of the child[ren].

10.I.12.e.Provision of Dental Coverage

5.Provision of Dental Coverage—

10.I.12.e.(1)Dental Insurance to Be Provided by Obligor

As additional child support, [name of obligor] is ORDERED to [main­tain/obtain, within [number] days after entry of this order, and then maintain] dental insurance for [the/each] child as long as child support is payable for that child. [Name of obligor] is ORDERED—

a.to provide to each conservator of the child[ren] [include if applicable: and the Office of the Attorney General Child Sup­port Division] the following information no later than the thir­tieth day after the date the notice of the rendition of this order is received:

i.[name of obligor]’s Social Security number;

ii.the name and address of [name of obligor]’s employer;

iii.whether [name of obligor]’s employer is self-insured or has dental insurance available;

iv.proof that dental insurance has been provided for [the/each] child;

v.if [name of obligee]’s employer has dental insurance available:

(a)the name of the dental insurance carrier;

(b)the number of the policy;

(c)a copy of the policy;

(d)a schedule of benefits;

(e)a dental insurance membership card;

(f)claim forms; and

(g)any other information necessary to submit a claim; and

vi.if [name of obligor]’s employer is self-insured:

(a)a copy of the schedule of benefits;

(b)a membership card;

(c)claim forms; and

(d)any other information necessary to submit a claim;

a.to provide to each conservator of the child[ren] [include if applicable: and the Office of the Attorney General Child Sup­port Division] the following information no later than the thir­tieth day after the date the notice of the rendition of this order is received:

i.[name of obligor]’s Social Security number;

ii.proof that dental insurance has been provided for [the/each] child; and

iii.the following information and documents:

(a)      the name of the dental insurance carrier;

(b)      the number of the policy;

(c)      a copy of the policy;

(d)      a schedule of benefits;

(e)      a dental insurance membership card;

(f)      claim forms; and

(g)      any other information necessary to submit a claim;

b.to provide to each conservator of the child[ren] [include if applicable: and the Office of the Attorney General Child Sup­port Division] a copy of any renewals or changes to the dental insurance policy covering [the/a] child and any additional information regarding dental insurance coverage of the child[ren] not later than the fifteenth day after [name of obli­gor] receives or is provided with the renewal, change, or addi­tional information;

c.to notify each conservator of the child[ren] [include if applica­ble: and the Office of the Attorney General Child Support Division] of any termination or lapse of the dental insurance coverage of [the/a] child not later than the fifteenth day after the date of the termination or lapse;

d.after a termination or lapse of dental insurance coverage, to notify each conservator of the child[ren] [include if applicable: and the Office of the Attorney General Child Support Divi­sion] of the availability to [name of obligor] of additional den­tal insurance for the child[ren] not later than the fifteenth day after the date the additional dental insurance becomes avail­able; and

e.after a termination or lapse of dental insurance coverage, to enroll the child[ren] in a dental insurance plan that is available to [name of obligor] at reasonable cost at the next available enrollment period.

Pursuant to section 1504.051 of the Texas Insurance Code, IT IS ORDERED that if [name of obligor] is eligible for dependent dental coverage but fails to apply to obtain coverage for the child[ren], the insurer shall enroll the child[ren] on application of [name of obligee] or others as authorized by law.

10.I.12.e.(2)Dental Insurance to Be Provided by Obligee

As additional child support, [name of obligee] is ORDERED to [main­tain/obtain, within [number] days after entry of this order, and then maintain] dental insurance for [the/each] child as long as child support is payable for that child. [Name of obligee] is ORDERED—

a.to provide to each conservator of the child[ren] [include if applicable: and the Office of the Attorney General Child Sup­port Division] the following information no later than the thir­tieth day after the date the notice of the rendition of this order is received:

i.[name of obligee]’s Social Security number;

ii.the name and address of [name of obligee]’s employer;

iii.whether [name of obligee]’s employer is self-insured or has dental insurance available;

iv.proof that dental insurance has been provided for [the/each] child;

v.if [name of obligee]’s employer has dental insurance available:

(a)the name of the dental insurance carrier;

(b)the number of the policy;

(c)a copy of the policy;

(d)a schedule of benefits;

(e)a dental insurance membership card;

(f)claim forms; and

(g)any other information necessary to submit a claim; and

vi.if [name of obligee]’s employer is self-insured:

(a)a copy of the schedule of benefits;

(b)a membership card;

(c)claim forms; and

(d)any other information necessary to submit a claim;

a.to provide to each conservator of the child[ren] [include if applicable: and the Office of the Attorney General Child Sup­port Division] the following information no later than the thir­tieth day after the date the notice of the rendition of this order is received:

i.[name of obligee]’s Social Security number;

ii.proof that dental insurance has been provided for [the/each] child; and

iii.the following information and documents:

(a)      the name of the dental insurance carrier;

(b)      the number of the policy;

(c)      a copy of the policy;

(d)      a schedule of benefits;

(e)      a dental insurance membership card;

(f)      claim forms; and

(g)      any other information necessary to submit a claim;

b.to provide to each conservator of the child[ren] [include if applicable: and the Office of the Attorney General Child Sup­port Division] a copy of any renewals or changes to the dental insurance policy covering [the/a] child and any additional information regarding dental insurance coverage of the child[ren] not later than the fifteenth day after [name of obli­gee] receives or is provided with the renewal, change, or addi­tional information;

c.to notify each conservator of the child[ren] [include if applica­ble: and the Office of the Attorney General Child Support Division] of any termination or lapse of the dental insurance coverage of [the/a] child not later than the fifteenth day after the date of the termination or lapse;

d.after a termination or lapse of dental insurance coverage, to notify each conservator of the child[ren] [include if applicable: and the Office of the Attorney General Child Support Divi­sion] of the availability to [name of obligee] of additional den­tal insurance for the child[ren] not later than the fifteenth day after the date the additional dental insurance becomes avail­able; and

e.after a termination or lapse of dental insurance coverage, to enroll the child[ren] in a dental insurance plan that is available to [name of obligee] at reasonable cost at the next available enrollment period.

Pursuant to section 1504.051 of the Texas Insurance Code, IT IS ORDERED that if [name of obligee] is eligible for dependent dental coverage but fails to apply to obtain coverage for the child[ren], the insurer shall enroll the child[ren] on application of [name of obligor] or others as authorized by law.

Pursuant to section 154.1825(d) of the Texas Family Code, [name of obligor] is ORDERED to pay [name of obligee], as additional child support, the amount of [number] dollars ($[amount]) per month for the cost of dental insurance, with the first installment being due and payable on [date] and a like installment being due and payable on or before the [specify] day of each month thereafter until the termination of current child support for [the child/all chil­dren] under this order.

IT IS FURTHER ORDERED that the Income Withholding Order for Support authorized above in this order shall include the payments ordered herein for the cost of dental insurance.

IT IS FURTHER ORDERED that all payments for the cost of dental insurance shall be made through the state disbursement unit at Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, Texas 78265-9791. IT IS ORDERED that all payments shall be made payable to the Office of the Attorney General and include the ten-digit Office of the Attorney Gen­eral case number (if available), the cause number of this suit, [name of obli­gor]’s name as the name of the noncustodial parent (NCP), and [name of obligee]’s name as the name of the custodial parent (CP). Payment options are found on the Office of the Attorney General’s website at www
.texasattorneygeneral.gov/cs/payment-options-and-types.

IT IS ORDERED that the provisions of this order for payments for the cost of dental insurance shall be an obligation of the estate of [name of obligor] and shall not terminate on [his/her] death.

10.I.12.f.Allocation of Unreimbursed Expenses

§ 154.183(c)

10.I.12.f.(1)Allocation If Private Health Insurance and Dental Insurance Ordered

6.Allocation of Unreimbursed Expenses—Pursuant to section 154.183(c) of the Texas Family Code, the reasonable and necessary health-care expenses of the child[ren] that are not reimbursed by health or dental insurance are allocated as follows:

[Name of obligee] is ORDERED to pay [percent] percent and [name of obligor] is ORDERED to pay [percent] percent of the unreimbursed health-care expenses other than dental expenses if, at the time the expenses are incurred, [[name of obligor] is providing health insurance/[name of obligee] is providing health insurance and [name of obligor] is paying additional child support for the cost of health insurance] as ordered.

[Name of obligee] is ORDERED to pay [percent] percent and [name of obligor] is ORDERED to pay [percent] percent of the unreimbursed dental expenses if, at the time the expenses are incurred, [[name of obligor] is provid­ing dental insurance/[name of obligee] is providing dental insurance and [name of obligor] is paying additional child support for the cost of dental insurance] as ordered.

10.I.12.f.(2)Allocation If Private Health Insurance but No Dental Insurance Ordered

6.Allocation of Unreimbursed Expenses—Pursuant to section 154.183(c) of the Texas Family Code, the reasonable and necessary health-care expenses of the child[ren] that are not reimbursed by health insurance are allocated as follows: [name of obligee] is ORDERED to pay [percent] percent and [name of obligor] is ORDERED to pay [percent] percent of the unreim­bursed health-care expenses if, at the time the expenses are incurred, [[name of obligor] is providing health insurance/[name of obligee] is providing health insurance and [name of obligor] is paying additional child support for the cost of health insurance] as ordered.

10.I.12.f.(3)Allocation If No Private Health Insurance Available and No Dental Insurance Ordered

6.Allocation of Unreimbursed Expenses—Pursuant to section 154.183(c) of the Texas Family Code, the reasonable and necessary health-care expenses of the child[ren] that are not reimbursed by health insurance are allocated as follows: [name of obligee] is ORDERED to pay [percent] percent and [name of obligor] is ORDERED to pay [percent] percent of the unreim­bursed health-care expenses that exceed the amount of cash medical support paid by [name of obligor].

10.I.12.f.(4)Allocation If No Private Health Insurance Available and Dental Insurance Ordered

6.Allocation of Unreimbursed Expenses—Pursuant to section 154.183(c) of the Texas Family Code, the reasonable and necessary health-care expenses of the child[ren] that are not reimbursed by health or dental insurance are allocated as follows:

[Name of obligee] is ORDERED to pay [percent] percent and [name of obligor] is ORDERED to pay [percent] percent of the unreimbursed health-care expenses other than dental expenses that exceed the amount of cash medi­cal support paid by [name of obligor].

[Name of obligee] is ORDERED to pay [percent] percent and [name of obligor] is ORDERED to pay [percent] percent of the unreimbursed dental expenses if, at the time the expenses are incurred, [[name of obligor] is provid­ing dental insurance/[name of obligee] is providing dental insurance and [name of obligor] is paying additional child support for the cost of dental insurance] as ordered.

10.I.12.f.(5)Payment of Allocated Expenses

The conservator who incurs a health-care expense on behalf of [the/a] child is ORDERED to provide to the other conservator receipts, bills, state­ments, or explanations of benefits showing the unreimbursed portion of the health-care expense within thirty days after the incurring conservator receives them. The nonincurring conservator is ORDERED to pay the nonincurring conservator’s percentage of the unreimbursed portion of the health-care expense either by paying the health-care provider directly or by reimbursing the incurring conservator for any advance payment exceeding the incurring conservator’s percentage of the unreimbursed portion of the health-care expense within thirty days after the nonincurring conservator receives receipts, bills, statements, or explanations of benefits showing the unreimbursed portion of the health-care expense.

For the Court to hold the nonincurring conservator in civil or criminal contempt for failing to pay the nonincurring conservator’s percentage of the unreimbursed portion of a health-care expense, the incurring conservator must prove beyond a reasonable doubt that the nonincurring conservator personally received receipts, bills, statements, or explanations of benefits reflecting the unreimbursed portion of the health-care expense no later than thirty days after the incurring conservator received them. Even if the incurring conservator fails to meet that burden of proof, the Court may award the incurring conservator a judgment in the nature of child support against the nonincurring conservator in the amount of the unreimbursed portion of the health-care expense the nonin­curring conservator was ordered but failed to pay.

10.I.12.g.Secondary Coverage

7.Secondary Coverage—IT IS ORDERED that if a conservator pro­vides secondary health insurance coverage [include if applicable: or dental insurance coverage] for the child[ren], the conservators shall cooperate fully with regard to the handling and filing of claims with the insurance carrier pro­viding the coverage in order to maximize the benefits available to the child[ren] and to ensure that the conservator who pays for health-care expenses for the child[ren] is reimbursed for the payment from both carriers to the fullest extent possible.

10.I.12.h.Compliance with Insurance Company Requirements

8.Compliance with Insurance Company Requirements—Each con­servator is ORDERED to conform to all requirements imposed by the terms and conditions of any policy of health [include if applicable: or dental] insur­ance covering the child[ren] in order to assure the maximum reimbursement or direct payment by any insurance company of the incurred health-care expense, including but not limited to requirements for advance notice to any carrier, sec­ond opinions, and the like. Each conservator is ORDERED to use “preferred providers” or services within the health maintenance organization or preferred provider network, if applicable. Disallowance of the bill by an insurance com­pany shall not excuse the obligation of a conservator to make payment. Except­ing emergency health-care expenses incurred on behalf of the child[ren], if a conservator incurs health-care expenses for the child[ren] using “out-of-net­work” providers or services or fails to follow the insurance company proce­dures or requirements, that conservator shall pay all such health-care expenses incurred absent (1) written agreement of the conservators allocating such health-care expenses or (2) further order of the Court.

10.I.12.i.Claims

9.Claims—Except as provided in this paragraph, a conservator who is not carrying the health [include if applicable: or dental] insurance policy cov­ering the child[ren] is ORDERED to provide to the conservator carrying the policy, within fifteen days of receiving them, all forms, receipts, bills, and statements reflecting the health-care expenses the conservator not carrying the policy incurs on behalf of the child[ren]. In accordance with sections 1204.251 and 1504.055(a) of the Texas Insurance Code, IT IS ORDERED that the con­servator who is not carrying the health [include if applicable: or dental] insur­ance policy covering the child[ren], at that conservator’s option, or others as authorized by law, may file any claims for health-care expenses directly with the insurance carrier with and from whom coverage is provided for the benefit of the child[ren] and receive payments directly from the insurance company. Further, for the sole purpose of section 1204.251 of the Texas Insurance Code, [name of conservator not carrying policy] is designated the managing conser­vator or possessory conservator of the child[ren].

The conservator who is carrying the health [include if applicable: or den­tal] insurance policy covering the child[ren] is ORDERED to submit all forms required by the insurance company for payment or reimbursement of health-care expenses incurred by either conservator on behalf of [the/a] child to the insurance carrier within fifteen days of that conservator’s receiving any form, receipt, bill, or statement reflecting the expenses.

10.I.12.j.Constructive Trust

10.Constructive Trust for Payments Received—IT IS ORDERED that any insurance payments received by a conservator from the health [include if applicable: or dental] insurance carrier as reimbursement for health-care expenses incurred by or on behalf of [the/a] child shall belong to the conserva­tor who paid those expenses. IT IS FURTHER ORDERED that the conservator receiving the insurance payments is designated a constructive trustee to receive any insurance checks or payments for health-care expenses paid by the other conservator, and the conservator carrying the policy shall endorse and forward the checks or payments, along with any explanation of benefits received, to the other conservator within three days of receiving them.

10.I.12.k.Warning
§ 154.188

11.Warning—A parent ordered to provide health insurance [include if applicable: or dental insurance] or to pay the other parent additional child support for the cost of health insurance [include if applicable: or dental insurance] who fails to do so is liable for nec­essary medical expenses [include if applicable: or dental expenses] of the child[ren], without regard to whether the expenses would have been paid if health insurance [include if applicable: or dental insur­ance] had been provided, and for the cost of health insurance pre­miums [include if applicable: , dental insurance premiums,] or contributions, if any, paid on behalf of the child[ren].

10.I.12.l.Notice to Employer

12.Notice to Employer—On this date a Medical Support Notice [see form 9-1] was [signed/authorized to be issued] by the Court. For the purpose of section 1169 of title 29 of the United States Code, the conservator not carrying the health [include if applicable: or dental] insurance policy is designated the custodial parent and alternate recipient’s representative.

10.I.13.Military Health-Care and Commissary Privileges

The Court finds that [name] is a member of the United States Armed Forces and that the child[ren] of the marriage [is/are] eligible to receive health care and other benefits as [a] dependent[s] of a United States Armed Forces member. Therefore, [name] is ORDERED to keep and maintain in current sta­tus and deliver to [name] the identification card[s] and any other forms neces­sary for the child[ren] of the marriage to be provided health care through all facilities available to the child[ren] as [a] dependent[s] of a United States Armed Forces member. [Name] is FURTHER ORDERED to provide to [name] all additional verified applications for renewal of dependent identifica­tion cards at least thirty days before the expiration date of the identification card[s], until the child[ren] [is/are] no longer eligible for these benefits.

10.I.14.No Credit for Informal Payments

IT IS ORDERED that the child support as prescribed in this decree shall be exclusively discharged in the manner ordered and that any direct payments made by [name] to [name] or any expenditures incurred by [name] during [name]’s periods of possession of or access to the child[ren], as prescribed in this decree, for food, clothing, gifts, travel, shelter, or entertainment are deemed in addition to and not in lieu of the support ordered in this decree.

10.I.15.Life Insurance

As additional child support, IT IS ORDERED that [name of obligor] shall [include if applicable: purchase and], as long as child support is payable under the terms of this decree, maintain in full force and effect at [name of obli­gor]’s sole cost and expense a life insurance policy, which may be a decreasing term life insurance policy, insuring the life of [name of obligor], with an initial death benefit not less than the amount of the “Unpaid Child Support,” that will establish an insurance-funded [trust/annuity] payable to [name of obligee] for the benefit of the child[ren] that will satisfy the support obligation under the child support order in the event of the obligor’s death, pursuant to sections 154.015 and 154.016 of the Texas Family Code.

“Unpaid Child Support” is defined as the sum of the following:

1.an amount equal to the total amount of monthly periodic child sup­port payments under the terms of this decree, as modified by future court orders, that would be due between the date of this decree until the end of the month of [the/each] child’s eighteenth birthday [, which the Court finds to be [number] dollars ($[amount])];

2.an amount equal to the total amount of health insurance and dental insurance premiums payable for the benefit of the child[ren] under the terms of this decree, as modified by future court orders, that would be due between the date of this decree until the end of the month of [the/each] child’s eighteenth birthday [, which the Court finds to be [number] dollars ($[amount])]; and

3.an amount equal to the balance owing on all cumulative judgments awarded against [name of obligor] for retroactive child support, child support arrearages, medical support arrearages, and dental support arrearages, as well as postjudgment interest on each judgment as of the date of this decree [, which the Court finds to be [number] dollars ($[amount])].

The Court finds that as of the date of this decree the amount of Unpaid Child Support is [number] dollars ($[amount]).

[Name of obligor] is ORDERED to provide to [name of obligee] written proof from the life insurance company confirming the coverage required under this portion of the decree no later than thirty days after the date this decree is signed by the Court.

IT IS ORDERED that on [date] of each calendar year [name of obligor] and [name of obligee] shall recalculate the amount of Unpaid Child Support, replacing the date of the decree or, if applicable, the date of the most recent recalculation with the date of the newest recalculation until the balance of the Unpaid Child Support is zero. After each recalculation, [name of obligor] may decrease the amount of the death benefit of the insurance policy to an amount equal to or greater than the most recently recalculated Unpaid Child Support. If after any recalculation the death benefit of the life insurance policy is less than the recalculated Unpaid Child Support, within thirty days of that recalculation [name of obligor] is ORDERED to increase and maintain the death benefit to an amount equal to or greater than the most recently recalculated Unpaid Child Support.

Within thirty days of any change of the death benefit or of any benefi­ciary of the life insurance policy or of any written request provided by [name of obligee] to [name of obligor], [name of obligor] is ORDERED to provide to [name of obligee] the documentation from the life insurance company showing the policy’s current death benefit and the policy’s current beneficiary designa­tion(s). With [his/her] signature to this decree, [name of obligor] authorizes [name of obligee] to obtain directly from the insurance company issuing the life insurance policy the current death benefit of the policy and the policy’s beneficiary designation(s). Not later than thirty days after receipt of a form required by the insurance company to authorize [name of obligee] to directly obtain this information, [name of obligor] is ORDERED to execute and pro­vide such form to [name of obligee].

On the date of divorce, [name of obligor] is ORDERED to create an insurance-funded [trust/annuity], the complete terms and documents of which [name of obligor] shall provide to [name of obligee]. Within fifteen days of any written request provided by [name of obligee], [name of obligor] is ORDERED to provide to [name of obligee] the complete, current terms and documents of the [trust/annuity].

If [name of obligor]’s death occurs before the termination of [his/her] child support obligation, the proceeds of the life insurance policy shall fund the [trust/annuity] and shall be distributed as ordered by the Court in accordance with the Texas Family Code. If the proceeds of the life insurance policy are insufficient to satisfy [name of obligor]’s child support obligation as deter­mined by the Court, any unpaid child support obligation shall be an obligation of [name of obligor]’s estate. If the proceeds of the life insurance policy exceed [name of obligor]’s child support obligation as determined by the Court, [name of obligor], through the terms of the [trust/annuity], shall determine the disposi­tion of those excess funds after [name of obligee] is paid a sum equal to the child support obligation.

IT IS ORDERED if any person or entity other than the insurance-funded [trust/annuity] described above receives proceeds of the life insurance policy [name of obligor] is ordered to maintain under the terms of this portion of the decree before both the Court orders the distribution of those proceeds and those proceeds are distributed in accordance with that order, that person or entity shall be designated a constructive trustee of those funds for the benefit of [name of obligee] to the extent the court orders those funds to be paid to [name of obligee] to satisfy [name of obligor]’s child support obligation.

10.I.16.Other Items

10.I.17.Security for Child Support
§ 157.109

IT IS ORDERED that [name] shall post a cash or security bond in the amount of [number] dollars ($[amount]) and payable through the registry of the Court to [name], conditioned on [name]’s payment of past-due temporary support and future child support as ordered in this decree.

10.I.18.Support as Obligation of Estate

IT IS ORDERED that the provisions for child support in this decree shall be an obligation of the estate of [name of obligor] and shall not terminate on the death of [name of obligor]. IT IS ORDERED that payments received by [name of obligee] for the benefit of the child[ren] due to the death of [name of obligor], including payments from the Social Security Administration, Depart­ment of Veterans Affairs, or other governmental agency or life insurance pro­ceeds, annuity payments, trust distributions, or retirement survivor benefits, shall be a credit against this obligation. Any remaining balance of the child support is an obligation of [name of obligor]’s estate.

10.I.19.Termination of Orders on Remarriage of Parties but Not on Death of Obligee
§§ 154.006(b), 154.013(a)

The provisions of this decree relating to current child support terminate on the remarriage of [name of obligor] to [name of obligee] unless a nonparent or agency has been appointed conservator of the child[ren] under chapter 153 of the Texas Family Code. An obligation to pay child support under this decree does not terminate on the death of [name of obligee] but continues as an obliga­tion to [name[s] of child[ren]].

10.J.Optimizing Development of Relationship between Parties and Child[ren]
§ 153.601(4)(D)

IT IS ORDERED that [include provisions to optimize the development of a close and continuing relationship between each party and the child[ren]].

10.K.Settlement of Future Disputes

The Court finds that the parties agree to the following, as evidenced by their signatures below.

a.Collaborative Model

The parties agree that if a future disagreement arises regarding the child[ren], unless the parties agree otherwise or in the event of an emergency, the parties will attempt to resolve this disagreement, within sixty days of the date of written notice provided by a parent to the other of the nature of the child-related issue, by using the collaborative law model in substantial confor­mance with the agreements made in the Collaborative Law Participation Agreement that the parties signed on [date] in their divorce, a copy of which is on file with the Court. The parties agree that a child psychologist, on whom they can mutually agree, shall act as the neutral child consultant to help the parties resolve the disagreement by recommending to the parties resolutions that are in the best interest of the child[ren]. The parties will hire individual collaborative lawyers to represent them in the collaborative model. The parties understand and agree that they are not mandated to come to an agreement regarding this dispute; however, if they are unable to agree within the collabo­rative law process, their collaborative lawyers shall withdraw as their counsel, and then the parties are free, if they desire, to hire trial counsel. The parties fur­ther agree that the neutral child consultant may not testify in any subsequent lawsuit, nor may his or her opinions be utilized by any other expert, unless the parties agree in writing otherwise. The parties will share equally the total costs for the neutral child consultant. If an agreement regarding the dispute is not reached after the signing of the collaborative law participation agreement and at least one four-way meeting, either party may withdraw from the collabora­tive process and proceed to litigation, or, if agreed, the parties may continue to work through the collaborative law process until resolution is achieved or either or both parties withdraw from the collaborative law process. The parties may use the mediation process, if agreed, in connection with the collaborative law process. The obligee of child support shall not be required to use the col­laborative law model to enforce a child support obligation, nor shall the obligor be required to use the collaborative law model before filing a petition to decrease child support.

b.Mediation/Arbitration

It is agreed that before setting any hearing or initiating discovery in a suit for modification of the terms and conditions of conservatorship, posses­sion, or support of the child[ren], except in an emergency, the parties shall mediate the controversy in good faith. This requirement does not apply to actions brought to enforce this Final Decree of Divorce or to enforce any sub­sequent modifications of this decree. It is agreed that the party wishing to mod­ify the terms and conditions of conservatorship, possession, or support of the child[ren] shall notify the other party of a desire to mediate the controversy. If, within ten days after receipt of the notification, the parties cannot agree on a mediator or the other party does not agree to attend mediation or fails to attend a scheduled mediation of the controversy, the party desiring modification shall be released from the obligation to mediate and shall be free to litigate [the/a] suit for modification.

The parties agree that any claim or controversy arising out of this Final Decree of Divorce that cannot be settled by direct negotiation or mediation will be submitted to binding arbitration as provided in chapter 171 of the Texas Civil Practice and Remedies Code. The arbitrator will be selected by mutual agreement, but if no agreement can be reached about the arbitrator, the parties will secure the name of an arbitrator from the court that rendered the Final Decree of Divorce in this case. The cost of the arbitrator will be paid [percent] percent by [name] and [percent] percent by [name].

10.L.Parenting Coordinator/Facilitator
§§ 153.603(d), 153.605(a), (b), 153.6051(a), (b)

IT IS ORDERED that [name] is appointed parenting [coordinator/facilitator]. [Include appropriate provisions from form 16-18 or 16-19, including findings required under Tex. Fam. Code § 153.605(b) or § 153.6051(b).]

10.M.Medical Notification

Each conservator is ORDERED to notify [the/each] other conservator within [number] hours of any medical condition of the child[ren] requiring sur­gical intervention, hospitalization, or both.

IT IS ORDERED that a conservator requesting the following documents shall provide a written request to the other conservator. Within [number] days after receipt of that written request, the conservator receiving the request is ORDERED to execute and provide to the requesting conservator—

1.all necessary releases pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508 to permit the other conservator[s] to obtain health-care information regarding the child[ren]; and

2.for all health-care providers of the child[ren], an authorization for disclosure of protected health information to the other conservator[s] pursuant to the HIPAA and 45 C.F.R. section 164.508.

Each conservator is further ORDERED to designate [the/each] other conservator as a person to whom protected health information regarding the child[ren] may be disclosed whenever the conservator executes an authoriza­tion for disclosure of protected health information pursuant to the HIPAA and 45 C.F.R. section 164.508.

10.N.Parent Education and Family Stabilization Course

IT IS ORDERED that [name] and [name] shall each individually regis­ter to attend a parent education and family stabilization course with [name of individual or facility] at [address and telephone number] on or before [date].

On completion of the course, [name] and [name] shall each obtain a cer­tificate of completion. The certificate must state the name of the participant; the name of the course provider; the date the course was completed; and whether the course was provided by personal instruction, videotape instruc­tion, instruction through an electronic means, or a combination of those meth­ods.

Within ten days after completion of that parent education and family sta­bilization course, [name] and [name] are each ORDERED to file a certification of completion or other comparable proof of completion of the course with the clerk of this Court and to provide a copy to the other party.

IT IS ORDERED that each party shall pay for the costs of that party’s own attendance at the course.

10.O.Coparenting Website Program

IT IS ORDERED that [name] and [name] each shall, within ten days after this Final Decree of Divorce is signed by the Court, obtain at [his or her/his/her] sole expense a subscription to the [name of coparenting website] pro­gram on the website at [website address]. IT IS FURTHER ORDERED that [name] and [name] each shall maintain that subscription in full force and effect for as long as [the/any] child is under the age of eighteen years and not other­wise emancipated.

IT IS ORDERED that [name] and [name] shall each communicate through the [name of coparenting website] program with regard to all commu­nication regarding the child[ren], except in the case of an emergency or other urgent matter.    

IT IS ORDERED that [name] and [name] each shall timely post all sig­nificant information concerning the health, education, and welfare of the child[ren], including but not limited to the child[ren]’s medical appointments, the child[ren]’s schedule[s] and activities, and requests for reimbursement of uninsured health-care expenses, on the [name of coparenting website] website. However, IT IS ORDERED that neither party shall have any obligation to post on that website any information to which the other party already has access through other means, such as information available on the website[s] of the child[ren]’s school[s].

IT IS FURTHER ORDERED that [name] and [name] shall each timely post on the [name of coparenting website] website a copy of any email received by the party from the child[ren]’s school[s] or any health-care pro­vider of the child[ren], in the event that email was not also forwarded by the school[s] or health-care provider to the other party.

For purposes of this section of this order, “timely” means on learning of the event or activity, or if not immediately feasible under the circumstances, not later than twenty-four hours after learning of the event or activity.

By agreement, the parties may communicate in any manner other than using the [name of coparenting website] program, but other methods of com­munication used by the parties shall be in addition to, and not in lieu of, using the [name of coparenting website] program.

10.P.Information Regarding Parties
§ 105.006(a)

The information required for each party by section 105.006(a) of the Texas Family Code is as follows:

Name: [name of petitioner]

Social Security number:

Driver’s license number and issuing state:

Current residence address:

Mailing address:

Home telephone number:

Name of employer:

Address of employment:

Work telephone number:

Name: [name of respondent]

Social Security number:

Driver’s license number and issuing state:

Current residence address:

Mailing address:

Home telephone number:

Name of employer:

Address of employment:

Work telephone number:

Name: [name of any other party]

Social Security number:

Driver’s license number and issuing state:

Current residence address:

Mailing address:

Home telephone number:

Name of employer:

Address of employment:

Work telephone number:

10.Q.Required Notices
§§ 105.006(e), (e–1), (e–2), 105.007

Each person who is a party to this order is ordered to notify each other party, the Court, and the state case registry of any change in the party’s current residence address, mailing address, home telephone number, name of employer, address of employment, driver’s license number, and work telephone number. The party is ordered to give notice of an intended change in any of the required information to each other party, the Court, and the state case reg­istry on or before the 60th day before the intended change. If the party does not know or could not have known of the change in suf­ficient time to provide 60-day notice, the party is ordered to give notice of the change on or before the fifth day after the date that the party knows of the change.

The duty to furnish this information to each other party, the Court, and the state case registry continues as long as any person, by virtue of this order, is under an obligation to pay child support or entitled to possession of or access to a child.

Failure by a party to obey the order of this Court to provide each other party, the Court, and the state case registry with the change in the required information may result in further litigation to enforce the order, including contempt of court. A finding of con­tempt may be punished by confinement in jail for up to six months, a fine of up to $500 for each violation, and a money judgment for pay­ment of attorney’s fees and court costs.

Notice shall be given to the other party by delivering a copy of the notice to the party by registered or certified mail, return receipt requested. Notice shall be given to the Court by delivering a copy of the notice either in person to the clerk of this Court or by registered or certified mail addressed to the clerk at [address]. Notice shall be given to the state case registry by mail­ing a copy of the notice to State Case Registry, Contract Services Section, MC046S, P.O. Box 12017, Austin, Texas 78711-2017.

Notice to any peace officer of the state of Texas: You may use reasonable efforts to enforce the terms of child custody specified in this order. A peace officer who relies on the terms of a court order and the officer’s agency are entitled to the applicable immu­nity against any claim, civil or otherwise, regarding the officer’s good faith acts performed in the scope of the officer’s duties in enforcing the terms of the order that relate to child custody. Any person who knowingly presents for enforcement an order that is invalid or no longer in effect commits an offense that may be pun­ishable by confinement in jail for as long as two years and a fine of as much as $10,000.

The Court may modify this order that provides for the sup­port of a child, if:

(1)the circumstances of the child or a person affected by the order have materially and substantially changed; or

(2)it has been three years since the order was rendered or last modified and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child sup­port guidelines.

10.R.Warnings to Parties
§ 105.006(d)

Warnings to Parties: Failure to obey a court order for child support or for possession of or access to a child may result in fur­ther litigation to enforce the order, including contempt of court. A finding of contempt may be punished by confinement in jail for up to six months, a fine of up to $500 for each violation, and a money judgment for payment of attorney’s fees and court costs.

Failure of a party to make a child support payment to the place and in the manner required by a court order may result in the party’s not receiving credit for making the payment.

Failure of a party to pay child support does not justify deny­ing that party court-ordered possession of or access to a child. Refusal by a party to allow possession of or access to a child does not justify failure to pay court-ordered child support to that party.

11.Property

Division of Marital Estate

11.A.Personal Effects Only

The Court finds that no community property other than personal effects has been accumulated by the parties.

IT IS ORDERED AND DECREED that the personal effects of the par­ties are awarded to the party having possession.

11.B.Division of Property by Court

The Court finds that the following is a just and right division of the par­ties’ marital estate, having due regard for the rights of each party [include if applicable: and the child[ren] of the marriage].

11.B.1.Property to Petitioner

IT IS ORDERED AND DECREED that Petitioner, [name of petitioner], is awarded the following as [his/her] sole and separate property, and Respon­dent, [name of respondent], is divested of all right, title, interest, and claim in and to that property:

a.Real Property

P-1.The following real property, including but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans, home security access and code, garage door opener, warranties and service contracts, and title and closing documents: [for each parcel of property, describe by legal description and, if applicable, commonly used street address].

b.Household Furnishings

P-2.All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession of Petitioner or sub­ject to Petitioner’s sole control.

P-2.The following furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment: [list each item].

c.Clothing, Etc.

P-3.All clothing, jewelry, and other personal effects in the possession of Petitioner or subject to Petitioner’s sole control.

d.Cash and Bank Accounts

P-4.All sums of cash in the possession of Petitioner or subject to Petitioner’s sole control, including funds on deposit, together with accrued but unpaid interest, in banks, savings institutions, or other financial institutions, which accounts stand in Petitioner’s sole name or from which Petitioner has the sole right to withdraw funds or which are subject to Petitioner’s sole con­trol.

P-4.All funds on deposit, together with accrued but unpaid interest, in the following banks, savings institutions, or other financial institutions: [specify name of each financial institution and account number and approxi­mate balances].

e.IRAs, SEPs, and Annuities

P-5.All individual retirement accounts, simplified employee pen­sions, annuities, and variable annuity life insurance benefits in Petitioner’s name [include if desired: , including but not limited to: [description]].

P-5.The following [include if applicable: individual retirement accounts/simplified employee pensions/annuities/variable annuity life insur­ance benefits]: [description of each applicable item].

f.Employee Benefits and Retirement

(1)All to One Spouse

P-6.All sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds there­from, and any other rights related to any profit-sharing plan, retirement plan, Keogh plan, pension plan, employee stock option plan, 401(k) plan, employee savings plan, accrued unpaid bonuses, disability plan, or other benefits existing by reason of Petitioner’s past, present, or future employment [include if desired: , including but not limited to: [description]].

(2)Portion Awarded to Other Spouse

P-6.Except for [the/those] portion[s] of Petitioner’s employee and retirement benefits in [exact name of each applicable plan] expressly awarded to Respondent in this decree, all sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the pro­ceeds therefrom, and any other rights related to any profit-sharing plan, retire­ment plan, Keogh plan, pension plan, employee stock option plan, 401(k) plan, employee savings plan, accrued unpaid bonuses, disability plan, or other bene­fits existing by reason of Petitioner’s past, present, or future employment [include if desired: , including but not limited to: [description]].

(3)Portion Awarded to Other Spouse of Specific Retirement Plan(s)

P-6.100 percent of Petitioner’s retirement benefits in the [exact name of defined contribution plan or defined benefit plan], save and except for the portion specifically awarded to Respondent in this decree.

(4)Portion of Other Spouse’s Retirement Awarded—Defined Contribution Plan

P-7.A portion of Respondent’s retirement benefits in [exact name of defined contribution plan], and any successor Plan thereof, that portion being [exact dollar amount or percentage] of the total vested account balance as of [[date]/the date that this Final Decree of Divorce is signed by the Court], [including/excluding] the value of any outstanding loans, [including/exclud­ing] any interest, dividends, gains, or losses on that amount arising since that date, and the division to be effectuated using a Qualified Domestic Relations Order signed by the Court on or after the date this Final Decree of Divorce is signed. [Include if applicable: IT IS FURTHER ORDERED that Petitioner shall be responsible for [percent] percent and Respondent shall be responsible for [percent] percent of any fees charged by the plan administrator for review of the Qualified Domestic Relations Order.]

(5)Portion of Other Spouse’s Retirement Awarded—Defined Benefit Plan

P-8.A portion of Respondent’s retirement benefits in [exact name of defined benefit plan], and any successor Plan thereof, that portion being [describe the fractional interest, percentage, or monthly dollar amount] of the vested accrued benefit as of [[date]/the date that this Final Decree of Divorce is signed by the Court], [include if applicable and agreed to: together with any survivor benefits, cost-of-living adjustments (COLAs), early retirement sup­plements and subsidies, interim benefits, and other ad hoc benefits,] and the division to be effectuated using a Qualified Domestic Relations Order signed by the Court on or after the date this Final Decree of Divorce is signed.

(6)Other Employee Benefits—Portion of Other Spouse’s Benefits Awarded

P-9.A portion of Respondent’s [describe specific benefits] benefits arising out of Respondent’s past or present employment, that portion being [describe exact dollar amount, fractional interest, etc.] of the [describe specific benefits], if, as, and when received by Respondent, together with all rights and privileges arising therefrom. [Include if applicable: IT IS ORDERED that Respondent is designated a constructive trustee for the benefit of Petitioner to the extent of [exact dollar amount or percentage or fractional interest] of those benefits, and Respondent is ORDERED to pay [exact dollar amount or percent­age or fractional interest] of those benefits to Petitioner by cash, cashier’s check, or money order delivered to Petitioner’s last known address within [number] days after Respondent receives the benefits.] Respondent is FUR­THER ORDERED to provide to Petitioner true and correct copies of all docu­mentation relevant to those benefits contemporaneously with the transfer of Respondent’s portion of the distributions. Each party shall be responsible for and shall timely pay that party’s respective tax liability on each benefit.

g.Union Benefits

P-10.All nonretirement benefits arising out of Petitioner’s member­ship in [name of union].

h.Insurance

P-11.All policies of life insurance (including cash values) insuring Petitioner’s life.

P-11.The following policies of insurance insuring Petitioner’s life: [specify insurance company and policy number for each policy].

i.Stocks and Bonds

P-12.All brokerage accounts, stocks, bonds, mutual funds, and securi­ties registered in Petitioner’s name, together with all dividends, splits, and other rights and privileges in connection with them.

P-12.The following stocks, bonds, and securities, together with all dividends, splits, and other rights and privileges in connection with them: [specify the number of shares, company, and certificate numbers].

j.Motor Vehicle

P-13.The [year, make, and model] motor vehicle, vehicle identifica­tion number [number], together with all prepaid insurance, keys, and title doc­uments.

k.Business

P-14.The sole proprietorship known as [name], including but not lim­ited to its name, goodwill, receivables, claims, and the following furniture, fix­tures, machinery, equipment, inventory, accounts, goods, supplies, and personal property used in connection with the operation of the business: [describe assets used by the sole proprietorship].

P-15.A [percent] percent [membership/partnership/limited partner­ship] interest in the [limited liability company/partnership/limited partnership] known as [name].

P-16.[Number] shares in the corporation known as [name].

l.Cash

P-17.[Number] dollars ($[amount]) payable by [name] to [name] on the day of divorce, by cash, cashier’s check, or money order.

m.Jointly Owned Property

P-18.An undivided [percent] percent interest in the following prop­erty, subject to the Operating Trust Agreement for Jointly Owned Property after Divorce signed in accordance with the terms of this decree. [See form
24-19.]

n.Interest in Future Benefit

P-19.An undivided [percent] percent interest in [describe benefit dis­tribution, bonus, or payout] [include if applicable: that accrued before [date]/for the year [year]] if, as, and when received, which may be payable to Respon­dent, together with all dividends, splits, and other rights and privileges in con­nection with them, including without limitation all accumulated credits for dividends and distributions, or cash equivalents of them, as more particularly defined below.

11.B.2.Property to Respondent

IT IS ORDERED AND DECREED that Respondent, [name of respon­dent], is awarded the following as [her/his] sole and separate property, and Petitioner, [name of petitioner], is divested of all right, title, interest, and claim in and to that property:

11.C.Division of Debt

11.C.1.Debts to Petitioner

IT IS ORDERED AND DECREED that Petitioner, [name of petitioner], shall timely pay, as a part of the division of the estate of the parties, and shall indemnify and hold Respondent, [name of respondent], and Respondent’s property harmless from any failure to so discharge, these items:

a.Home Mortgage

P-1.The balance due, including principal, interest, tax, and insurance escrow, on the promissory note executed by [name of maker], in the original principal sum of $[amount], dated [date], payable to [name of mortgage com­pany or bank], and secured by deed of trust on the real property awarded in this decree to Petitioner, which is recorded at Clerk’s File No. [number], Official Public Records of [county] County, Texas (the “assumed loan”).

The assumed loan must be paid in full by [date]. If the assumed loan is not paid in full by [date] through a refinance or sale or in some other way, Peti­tioner shall face foreclosure.

Refinancing.      IT IS ORDERED AND DECREED that by [date] Peti­tioner shall contact a mortgage institution of Petitioner’s choice to refinance the current mortgage solely into Petitioner’s name. If the assumed loan is not paid in full by this date, Petitioner will face foreclosure and be responsible for all legal fees and expenses incurred by Respondent in the foreclosure process.

Foreclosure.      IT IS FURTHER ORDERED AND DECREED that if Petitioner is not able to refinance the current mortgage that is held by [name of mortgage company or bank], the property at [legal description and, if applica­ble, the commonly used street address] and all improvements located thereon shall then be foreclosed under the following terms and conditions:

1.   Petitioner is required to pay the assumed loan in full on or before [date]. The assumed loan can be paid in full by a sale of the property, by a refinance, or by any other way. The assumed loan matures on [date].

2.   Petitioner will face a nonjudicial foreclosure sale of the prop­erty as described in the Deed of Trust to Secure Assumption and pursuant to the Texas Property Code.

3.   Respondent is allowed to purchase the property at the foreclo­sure auction. If Respondent becomes the owner at the foreclosure auction, Respondent may continue making monthly payments on the assumed loan or sell the property or refinance the property, and Petitioner shall not be entitled to any net sales proceeds received on such resale of the property.

b.Vehicle Lien

P-2.The balance due, including principal, interest, and all other charges, on the promissory note payable to [name of lender], [city, state], and given as part of the purchase price of and secured by a lien on the [year, make, and model] motor vehicle awarded to Petitioner.

c.Specified Debts

P-3.The following debts, charges, liabilities, and obligations: [describe each item specifically, by providing exact name of creditor, account number, and account balance].

d.Miscellaneous Debts

P-4.All debts, charges, liabilities, and other obligations incurred [solely] by [Petitioner/Respondent/Petitioner and Respondent] from and after [date] unless express provision is made in this decree to the contrary.

e.Encumbrances

P-5.All encumbrances, ad valorem taxes, liens, assessments, premi­ums, or other charges due or to become due on the real and personal property awarded to Petitioner in this decree unless express provision is made in this decree to the contrary.

11.C.2.Debts to Respondent

IT IS ORDERED AND DECREED that Respondent, [name of respon­dent], shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold Petitioner, [name of petitioner], and Petitioner’s property harmless from any failure to so discharge, these items:

11.C.3.Notice

IT IS ORDERED AND DECREED that each party shall send to the other party [by mail to the other party’s last known mailing address/by email to the other party’s last known email address/by text message to the other party’s last known mobile telephone number/by [other method of communication]], within three days of its receipt, a copy of any correspondence from a creditor or taxing authority concerning any potential liability of the other party.

11.D.Owelty of Partition

The Court, having awarded the family homestead of the parties to [Petitioner/Respondent], finds that it is necessary to impose an encumbrance for owelty of partition against the entirety of the property to secure the pay­ment of the debt resulting from the award.

IT IS ORDERED AND DECREED that an encumbrance for owelty of partition is imposed against the entirety of the homestead property described as follows: [legal description].

The purpose of the encumbrance is to secure the payment of the debt of [Petitioner/Respondent] in favor of [Respondent/Petitioner] of [number] dol­lars ($[amount]), resulting from the award of the homestead in this divorce proceeding. The debt shall bear interest at [percent] percent per year and shall be payable as follows: [describe terms of payment of the debt].

To further evidence the debt, [Petitioner/Respondent] is ORDERED to sign a note payable to [Respondent/Petitioner] in the amount of the debt speci­fied above and payable according to the terms specified above. [Petitioner/Respondent] is FURTHER ORDERED to sign a deed of trust to secure pay­ment of the debt resulting from the owelty of partition.

This debt is part of the division of community property between the par­ties and shall not constitute or be interpreted to be any form of spousal support, alimony, or child support.

11.E.Judgment and Lien to Equalize Division

11.E.1.Judgment

For the purpose of a just and right division of property made in this decree, IT IS FURTHER ORDERED AND DECREED that [Petitioner/Respondent], [name], is awarded judgment of [number] dollars ($[amount]) against [Respondent/Petitioner], [name], payable in accordance with the terms of the closing documents ordered in this decree to be executed, with interest at [percent] percent per year compounded annually from the date of judgment, for which let execution issue.

This judgment is part of the division of community property between the parties and shall not constitute or be interpreted to be any form of spousal sup­port, alimony, or child support.

11.E.2.Lien

The Court finds that this decree is a partition of the community property of the parties. Because of the nature of the properties making up the estate, the property cannot be divided in a just and right manner without impairing the value of all portions. A vendor’s lien note in the amount of [number] dollars ($[amount]) is necessary to make a just and right partition of the property.

IT IS ORDERED AND DECREED that an equitable lien is created against the following property:

This lien is in the nature of a purchase-money lien. The property described above is a part of this partition order. The entire interest in the property described above is subject to the lien.

[Respondent/Petitioner] IS ORDERED to sign a vendor’s lien note for [number] dollars ($[amount]) payable to [Petitioner/Respondent]. The note shall bear interest at [percent] percent per year, compounded annually. It is to be payable according to the following terms: [describe the terms of the note].

[Respondent/Petitioner] is ORDERED to sign an owelty lien deed of trust [specify applicable security instruments, including UCC forms] to secure the note.

11.F.Lien for Reimbursement

IT IS DECREED that [the community/Petitioner’s separate/Respondent’s separate] estate is entitled to reimbursement from [Petitioner’s separate/Respondent’s separate/the community] estate for [basis of reimburse­ment claim] and that [name] is entitled to a judgment of [number] dollars ($[amount]). IT IS THEREFORE ORDERED AND DECREED that [name] is awarded a judgment of [number] dollars ($[amount]) against [name]. To secure payment of the judgment, [name] is granted an equitable lien on [describe property] until the entire judgment, plus accrued interest, is paid in full. The judgment shall bear interest at [percent] percent per year, com­pounded annually. The judgment and interest are payable according to the fol­lowing terms: [describe the payment terms, including the effects of any default].

[Name] is ORDERED to sign a note for [number] dollars ($[amount]) payable to [name]. The note shall bear interest at [percent] percent per year, compounded annually. It is to be payable according to the following terms: [describe the terms of the note].

[Name] is ORDERED to sign [specify applicable security instruments, including UCC forms] to secure the note.

This award for reimbursement is part of the division of community property between the parties and shall not constitute or be interpreted to be any form of spousal support, alimony, or child support.

11.G.Judgment and Lien for Fraud on Community
§ 7.009

11.G.1.Judgment

In satisfaction of [name]’s claim for fraud on the community, IT IS FURTHER ORDERED AND DECREED that [Petitioner/Respondent], [name], is awarded judgment of [number] dollars ($[amount]) against [Respondent/Petitioner], [name], with interest at [percent] percent per year compounded annually from the date of judgment, for which let execution issue.

This judgment is part of the division of community property between the parties and shall not constitute or be interpreted to be any form of spousal sup­port, alimony, or child support.

11.G.2.Lien

The Court finds that the judgment for fraud on the community should be secured. To secure payment of the judgment set out above, [name] is granted an equitable lien on [describe property] until the entire judgment, plus accrued interest, is paid in full. The judgment shall bear interest at [percent] percent per year, compounded annually. The judgment and interest are payable according to the following terms: [describe the payment terms, including the effects of any default].

[Name] is ORDERED to sign a note for [number] dollars ($[amount]) payable to [name]. The note shall bear interest at [percent] percent per year, compounded annually. It is to be payable according to the following terms: [describe the terms of the note].

[Name] is ORDERED to sign [specify applicable security instruments, including UCC forms] to secure the note.

11.H.Award of Interest in Future Benefit

As stated above, IT IS ORDERED and DECREED that [name of party A] is awarded an undivided [percent] percent interest in and to any [description of benefit distribution, bonus, or payout] [include if applicable: that accrued before [date]/for the year [year]] if, as, and when received, which may be pay­able to [name of party B], together with all dividends, splits, substitutions, pro­ceeds, accessions, and other rights and privileges in connection with them, including without limitation all accumulated credits for dividends and distribu­tions, or cash equivalents of them. [Include if applicable: The portion awarded to [name of party A] shall be net of applicable income tax deductions, exemp­tions, exclusions, and write-offs based on the highest marginal tax rate of [name of party B]. [Name of party B] is ORDERED to provide [name of party A] with all documents necessary to show these calculations within fifteen days of [name of party B]’s determination of those calculations.] In conjunction with this award, the Court ORDERS the following:

1.[Name of party B] is designated as constructive trustee of the por­tion of the above [distribution/payout/benefit] awarded to [name of party A];

2.[Name of party B] shall remit [name of party A]’s portion to [name of party A] at [address] within fifteen business days after [[name of party B]’s receipt of the [distribution/bonus/payout]/the later of [name of party B]’s receipt of the [distribution/bonus/payout] and [name of party B]’s determina­tion of the portion of the [distribution/bonus/payout] to which [name of party A] is entitled under this decree];

3.[Name of party B] shall provide to [name of party A] at [address], within five business days of receipt of the [distribution/bonus/payout], com­plete copies of all documentation concerning the [distribution/bonus/payout] and any deductions from the gross amount received by [name of party B] from the [distribution/bonus/payout] within five business days of receipt of those documents; and

4.[Name of party B] shall authorize [name of party A] to communicate with each person responsible for the calculation and disbursement of any por­tion of the [distribution/bonus/payout].

11.I.Court-Ordered Maintenance
§§ 8.001–.267

The Court finds that under the circumstances presented in this case, [name] is eligible for maintenance under the provisions of Texas Family Code chapter 8. Accordingly, [name] is ordered to pay as maintenance the sum of [number] dollars ($[amount]) per month to [name], with the first payment being due on the [specify] day of [month, year], and a like amount being due on the [specify] day of [month, year], and a like amount being due on the [specify] and [specify] days of each consecutive month thereafter until the ear­liest of one of the following events occurs:

1.[date, based on Tex. Fam. Code § 8.054];

2.death of either Petitioner or Respondent;

3.remarriage of [name of receiving party]; or

4.further orders of the Court affecting the spousal maintenance obli­gation, including a finding of cohabitation by [name of receiving party].

11.I.1.No Order for Income Withholding and No Child Support Obligation

Payment shall be made by [name of party paying] directly to [name of party receiving] by cash, cashier’s check, money order, or electronic transfer at the last known address or financial account provided to [name of party paying] by [name of party receiving].

11.I.2.No Order for Income Withholding and Obligor Pays Support for Child[ren] of Marriage

IT IS ORDERED that all payments shall be made through the state dis­bursement unit at Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, Texas 78265-9791, and thereafter promptly remitted to [name of party receiving (obligee)] for distribution according to law. IT IS ORDERED that all payments shall be made payable to the Office of the Attorney General and include the ten-digit Office of the Attorney General case number (if avail­able), the cause number of this suit, [name of party paying (obligor)]’s name as the name of the noncustodial parent (NCP), and [name of party receiving (obli­gee)]’s name as the name of the custodial parent (CP). Payment options are found on the Office of the Attorney General’s website at www
.texasattorneygeneral.gov/cs/payment-options-and-types.

IT IS ORDERED that each party shall pay, when due, all fees charged to that party by the state disbursement unit and any other agency statutorily authorized to charge a fee.

11.I.3.Order for Income Withholding and No Child Support Obligation

IT IS ORDERED that any employer of [name of party paying] shall be ordered to withhold from the disposable earnings of [name of party paying] for spousal maintenance for [name of party receiving].

IT IS FURTHER ORDERED that all amounts withheld from the dispos­able earnings of [name of party paying] by the employer and paid in accor­dance with the order to that employer shall constitute a credit against the spousal maintenance obligation. Payment of the full amount of maintenance ordered paid by this decree through the means of withholding from earnings shall discharge the spousal maintenance obligation. If the amount withheld from earnings and credited against the spousal maintenance obligation is less than 100 percent of the amount ordered to be paid by this decree, the balance due remains an obligation of [name of party paying], and it is hereby ORDERED that [name of party paying] pay the balance due directly to [name of party receiving] by cash, cashier’s check, money order, or electronic transfer at the last known address or financial account provided to [name of party pay­ing] by [name of party receiving].

On this date the Court signed [an Order/a Writ] of Income Withholding for Spousal Maintenance. [See form 32-11.] IT IS ORDERED that all payments shall be promptly remitted to [name of party receiving].

IT IS FURTHER ORDERED that [name of party paying] shall notify this Court and [name of party receiving] by U.S. certified mail, return receipt requested, of any change of address and of any termination of employment. This notice shall be given no later than seven days after the change of address or the termination of employment. This notice or a subsequent notice shall also provide the current address of [name of party paying] and the name and address of [his/her] current employer, whenever that information becomes available.

IT IS ORDERED that, on the request of [name of party paying] or [name of party receiving], the clerk of this Court shall cause a certified copy of the [Order/Writ] of Income Withholding for Spousal Maintenance to be delivered to any employer. IT IS FURTHER ORDERED that the clerk of this Court shall attach a copy of subchapter E of chapter 8 of the Texas Family Code for the information of any employer.

11.I.4.Order for Income Withholding and Obligor Pays Support for Child[ren] of Marriage

IT IS ORDERED that any employer of [name of party paying] shall be ordered to withhold from the disposable earnings of [name of party paying] for spousal maintenance for [name of party receiving].

IT IS FURTHER ORDERED that all amounts withheld from the dispos­able earnings of [name of party paying] by the employer and paid in accor­dance with the order to that employer shall constitute a credit against the spousal maintenance obligation. Payment of the full amount of spousal mainte­nance ordered paid by this decree through the means of withholding from earn­ings shall discharge the spousal maintenance obligation. If the amount withheld from earnings and credited against the spousal maintenance obliga­tion is less than 100 percent of the amount ordered to be paid by this decree, the balance due remains an obligation of [name of party paying], and it is hereby ORDERED that [name of party paying] pay the balance due directly to the state disbursement unit as specified below.

On this date the Court signed [an Order/a Writ] of Income Withholding for Spousal Maintenance. [See form 9-3.]

IT IS ORDERED that all payments shall be made through the state dis­bursement unit at Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, Texas 78265-9791, and thereafter promptly remitted to [name of party receiving (obligee)] for distribution according to law. IT IS ORDERED that all payments shall be made payable to the Office of the Attorney General and include the ten-digit Office of the Attorney General case number (if avail­able), the cause number of this suit, [name of party paying (obligor)]’s name as the name of the noncustodial parent (NCP), and [name of party receiving (obli­gee)]’s name as the name of the custodial parent (CP). Payment options are found on the Office of the Attorney General’s website at www
.texasattorneygeneral.gov/cs/payment-options-and-types.

IT IS ORDERED that each party shall pay, when due, all fees charged to that party by the state disbursement unit and any other agency statutorily authorized to charge a fee.

IT IS FURTHER ORDERED that [name of party paying] shall notify this Court, the Office of the Attorney General, and [name of party receiving] by U.S. certified mail, return receipt requested, of any change of address and of any termination of employment. This notice shall be given no later than seven days after the change of address or the termination of employment. This notice or a subsequent notice shall also provide the current address of [name of party paying] and the name and address of [his/her] current employer, whenever that information becomes available.

IT IS ORDERED that, on the request of [name of party paying] or [name of party receiving], the clerk of this Court shall cause a certified copy of the [Order/Writ] of Income Withholding for Spousal Maintenance to be delivered to any employer. IT IS FURTHER ORDERED that the clerk of this Court shall attach a copy of subchapter E of chapter 8 of the Texas Family Code for the information of any employer.

11.J.Attorney’s Fees

To effect an equitable division of the estate of the parties and as a part of the division, [include if applicable: and for services rendered in connection with conservatorship and support of the child[ren],] each party shall be responsible for [his or her/his/her] own attorney’s fees, expenses, and costs incurred as a result of legal representation in this case.

The Court finds that [name] has incurred $[amount] as reasonable attor­ney’s fees, expenses, and costs. IT IS ORDERED that good cause exists to award [name of attorney] a judgment in the amount of [number] dollars ($[amount]) for attorney’s fees, expenses, and costs, with interest at [percent] percent per year compounded annually from the date this Final Decree of Divorce is signed until paid. The judgment, for which let execution issue, is awarded against [name], and [name] is ORDERED to pay the fees, expenses, costs, and interest to [name of attorney] at [address] by cash, cashier’s check, or money order on or before [date]. [Name of attorney] may enforce this judg­ment for fees, expenses, and costs in [his/her] own name by any means avail­able for the enforcement of a judgment for debt.

•Attorney’s Fees on Appeal

IT IS FURTHER ORDERED AND DECREED that [name] is awarded a judgment of [number] dollars ($[amount]) against [name] for attorney’s fees on appeal for the benefit of [his/her] attorney, [name]. The judgment shall bear interest at [percent] percent per year compounded annually from the date the award is made final by the appropriate appellate court’s judgment, for which let execution issue.

IT IS FURTHER ORDERED AND DECREED that the judgment of attorney’s fees on appeal rendered against [name] is conditioned on [his/her] pursuit of an ultimately unsuccessful appeal.

IT IS ORDERED AND DECREED that [name] shall be entitled to a remittitur of [number] dollars ($[amount]) if a petition for review is granted by the Supreme Court of Texas but oral argument is not granted.

IT IS ORDERED AND DECREED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if briefing on the merits is not requested by the Supreme Court of Texas.

IT IS ORDERED AND DECREED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if a responsive brief to the petition for review is not requested by the Supreme Court of Texas.

IT IS ORDERED AND DECREED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if a petition for review is not filed with the Supreme Court of Texas.

IT IS ORDERED AND DECREED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if there is no oral argument in the court of appeals.

IT IS ORDERED AND DECREED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if an appellate brief is not filed with the court of appeals.

IT IS ORDERED AND DECREED that [name] shall be entitled to a further remittitur of [number] dollars ($[amount]) if an appeal is not perfected to the court of appeals.

11.K.Income Taxes

11.K.1.Liability for Federal Income Taxes for Prior Years

11.K.1.a.Sole Liability of One Spouse

IT IS ORDERED AND DECREED that [name of party A] shall be solely responsible for all federal income tax liabilities of the parties allocable to the period from the date of marriage through December 31, [year preceding year of divorce], and shall timely pay any taxes, penalties, and interest due thereon and shall indemnify and hold [name of party B] and [name of party B]’s property harmless therefrom unless such additional tax, penalty, or interest resulted from [name of party B]’s omission of income or claim of erroneous deduction, in which case [name of party B] shall pay, and hold [name of party A] and [name of party A]’s property harmless from, the additional tax, penalty, and interest allocable to the omitted income or erroneous deduction.

11.K.1.b.Shared Liability of Spouses

IT IS ORDERED AND DECREED that [name of party A] and [name of party B] shall be equally responsible for all federal income tax liabilities of the parties allocable to the period from the date of marriage through December 31, [year preceding year of divorce], and each party shall timely pay 50 percent of any taxes, penalties, and interest due thereon and shall indemnify and hold the other party and the other party’s property harmless from the portion of such tax, penalty, and interest required to be paid by the indemnifying party unless that additional tax, penalty, or interest resulted from a party’s omission of income or claim of erroneous deduction, in which case that party shall pay, and hold the other party and the other party’s property harmless from, the addi­tional tax, penalty, and interest allocable to the omitted income or erroneous deduction.

11.K.2.Tax Refund

IT IS ORDERED AND DECREED that if a refund of tax or other amounts is made for any year during the parties’ marriage through December 31, [year preceding year of divorce], each party shall be entitled to one-half of the refund amount, and the party receiving the refund check is designated a constructive trustee for the benefit of the other party to the extent of one-half of the refund amount, and the party receiving the refund check shall pay to the other party one-half of the refund amount within five days of receipt of the refund check. Each party is ORDERED to endorse the refund check on presen­tation by the other party.

11.K.3.Treatment/Allocation of Income for Year of Divorce for Tax Purposes

The term “I.R.C.” means the Internal Revenue Code of 1986, as amended.

11.K.3.a.Treatment/Allocation—No Stated Method

IT IS ORDERED AND DECREED that, for the calendar year [year of divorce], each party shall file a federal income tax return and report thereon the reporting party’s share of the income, gains, losses, deductions, and credits, including estimated taxes and withholding taxes, of the parties during the cal­endar year [year of divorce] prior to the date of divorce, and of the reporting party on and after the date of divorce, in accordance with the I.R.C. and this decree.

11.K.3.b.Treatment/Allocation— General Rule—50 Percent Each

IT IS ORDERED AND DECREED that, for the calendar year [year of divorce], each party shall prepare and file a federal income tax return in accor­dance with the I.R.C. and report on that party’s tax return 50 percent of the community income, gains, losses, deductions, and credits of one or both parties during the period January 1 of the calendar year [year of divorce] and prior to the date of divorce (the “predivorce period”); all of the reporting party’s income, gains, losses, deductions, and credits during the period beginning on [date of divorce] through December 31 of the calendar year [year of divorce] (the “postdivorce period”); and all of the reporting party’s separate income, gains, losses, deductions, and credits during the predivorce period. Each party shall take credit for 50 percent of the prior year tax overpayment carryforward of the parties to the calendar year [year of divorce]; 50 percent of all estimated tax payments and withholding taxes made by, in the name of, or for the benefit of either party for the predivorce period; and 100 percent of all estimated tax payments and withholding taxes made by, in the name of, or for the benefit of the reporting party for the postdivorce period.

•Provisions for Allocation of Tax Liabilities for Year of Divorce as between Parties Filing under the General Rule

11.K.3.b.(1)Allocation—Actual Effective Rate

IT IS ORDERED AND DECREED that, for the calendar year [year of divorce], [name of party A] shall be responsible for and shall timely pay [name of party B], and hold [name of party B] and [name of party B]’s property harm­less from, the portion of federal income taxes required to be paid by [name of party B] as shown on the federal income tax return of [name of party B] for the calendar year [year of divorce] equal to an amount (not less than zero) deter­mined by the independent calculation of [(X times Y) minus Z], where X (the effective rate of federal income tax) is the quotient of the income tax liability (before tax credits) as shown on [name of party B]’s federal income tax return for the calendar year [year of divorce] divided by the taxable income as shown on [name of party B]’s federal income tax return for the calendar year [year of divorce]; Y is the hypothetical amount of taxable income that would be required to be shown on [name of party B]’s federal income tax return for the calendar year [year of divorce] if the only taxable income of [name of party B] were the predivorce period income, gains, losses, and deductions allocable to [name of party B] under this decree; and Z is an amount equal to the predivorce period tax credits allocable to [name of party B] under this decree. The amount required to be paid by [name of party A] to [name of party B] shall be paid within [number] days after the independent calculation is made. Taxable income shall be determined in accordance with the I.R.C. The term “predi­vorce period” means the period during the calendar year [year of divorce] prior to the date of divorce.

11.K.3.b.(2)Allocation—Hypothetical Marginal Rate (Bottom)

IT IS ORDERED AND DECREED that, for the calendar year [year of divorce], [name of party A] shall be responsible for and shall timely pay [name of party B], and hold [name of party B] and [name of party B]’s property harm­less from, the hypothetical amount of federal income taxes that would be required to be paid by [name of party B] as shown on a federal income tax return of [name of party B] for the calendar year [year of divorce] equal to an amount determined by the independent calculation of [(hypothetical federal income tax computed on X) minus Z], where X is the hypothetical amount of taxable income that would be required to be shown on [name of party B]’s fed­eral income tax return for the calendar year [year of divorce] if the taxable income of [name of party B] were only the predivorce period income, gains, losses, and deductions allocable to [name of party B] under this decree and Z is an amount equal to the predivorce period tax credits allocable to [name of party B] under this decree. The amount required to be paid by [name of party A] to [name of party B] shall be paid within [number] days after the independent cal­culation is made. Taxable income shall be determined in accordance with the I.R.C. The term “predivorce period” means the period during the calendar year [year of divorce] prior to the date of divorce.

11.K.3.b.(3)Allocation—Hypothetical Marginal Rate (Top)

IT IS ORDERED AND DECREED that, for the calendar year [year of divorce], [name of party A] shall be responsible for and shall timely pay [name of party B], and hold [name of party B] and [name of party B]’s property harm­less from, the hypothetical amount of federal income taxes that would be required to be paid by [name of party B] as shown on a federal income tax return of [name of party B] for the calendar year [year of divorce] equal to an amount determined by the independent calculation of [(hypothetical federal income tax computed on X) minus Z], where X is (a) the actual taxable income amount as shown on the federal income tax return of [name of party B] for the calendar year [year of divorce] minus (b) the hypothetical amount of taxable income that would be required to be shown on the federal income tax return of [name of party B] for the calendar year [year of divorce] if the taxable income of [name of party B] were only the income, gains, losses, and deductions allo­cable to [name of party B] for the postdivorce period and Z is the amount of tax credits shown on the income tax return of [name of party B] for the calendar year [year of divorce] minus the amount of such tax credits allocable to the postdivorce period. The amount required to be paid by [name of party A] to [name of party B] shall be paid within [number] days after the independent cal­culation is made. Taxable income shall be determined in accordance with the I.R.C. The term “postdivorce period” means the period of the calendar year [year of divorce] on and after the date of divorce.

11.K.3.b.(4)Allocation—Independent Calculation

The parties are ORDERED to employ by [date] [name of accountant] to prepare the independent calculation described above and shall direct [name of accountant] to submit the independent calculation to each party by [date].  [Name of party B] is ORDERED to provide [name of accountant] with [name of party B]’s tax return and any other information reasonably required by [name of accountant] by [date].  After [name of accountant] delivers the inde­pendent calculation to each party, IT IS ORDERED that each party shall have [number] days to review and object to the independent calculation in writing to [name of accountant] and the other party, specifying the basis for that party’s objection to the independent calculation.

If neither party timely objects to the independent calculation, or if the parties are able to resolve any objections within fourteen days of the objection, IT IS ORDERED that the fees of [name of accountant] for the preparation of the independent calculation shall be paid as follows: [specify manner of pay­ment by each party].

If a party objects to the independent calculation and the parties are unable to resolve these objections within fourteen days of the objection, IT IS ORDERED that the parties shall submit the independent calculation to binding arbitration in accordance with Texas arbitration law. The Court finds that in this event, each party expressly waives any right to trial by a court or trial by a jury regarding the determination of the independent calculation. The parties are ORDERED to appoint an arbitrator, in the manner provided below, who shall be either an attorney board certified in tax law by the Texas Board of Legal Specialization or a certified public accountant licensed in Texas and specializ­ing in tax law. IT IS ORDERED that the arbitrator’s decision shall be binding in all respects.

IT IS ORDERED that the party who first objected to the independent calculation shall designate in writing the name of an arbitrator not later than twenty-one days after the date of that party’s objection, and that not later than seven days after that designation, the other party shall designate in writing the name of an arbitrator. IT IS ORDERED that if the parties cannot agree on an arbitrator within seven days after the second party’s designation, the two desig­nees shall select a qualified arbitrator within [number] days thereafter, who shall be designated the sole arbitrator of the dispute. IT IS ORDERED that each party shall submit to the arbitrator in writing the disputed issues relating to the independent calculation with supporting documents and authorities by the date the arbitrator sets. If the parties cannot agree on the ground rules and procedures to be followed during the arbitration proceedings, IT IS ORDERED that the arbitrator shall have the sole authority to establish the ground rules and procedures to be followed during the arbitration proceeding. If the arbitrator determines that a hearing is necessary, the parties are ORDERED to attend the arbitration hearing on the date and at the time and place set by the arbitrator. Absent agreement to the contrary, either party may furnish a court reporter, but none shall be required. The parties are ORDERED to pay both the cost of arbitration and [name of accountant]’s fees for the preparation of the independent calculation as the arbitrator directs. IT IS ORDERED that the award of the arbitrator shall be binding and conclusive on the parties. The parties agree that the arbitrator may deliver the arbitrator’s award by email to the parties or to their designated representatives. Any court of competent jurisdiction may enter a judgment confirming the arbitration award.

11.K.3.c.Treatment/Allocation—Partition of Taxable Income to Pre–Date of Divorce

For the purposes of determining income tax liability, the parties agree and hereby partition, as a party’s sole and separate property beginning January 1 of the calendar year of [year of divorce] and prior to the date of divorce, 100 percent of the income, gains, losses, deductions, and credits attributable to or derived from—

a.that party’s personal earnings;

b.the property awarded to that party as that party’s sole and separate property in this decree;

c.the property confirmed as that party’s sole and separate property in this decree; and

d.the property in that party’s sole name, whether community or separate property, that was owned by that party during the calendar year [year of divorce] and prior to the date of the divorce and that was disposed on or after January 1, [year of divorce], but before the date of divorce.

Notwithstanding the allocations in item d. above, the parties further agree and hereby partition, as that party’s sole and separate property during the calendar year [year of divorce] prior to the date of divorce (“predivorce period”), [percent] percent to [name of party A] and [percent] percent to [name of party B] of the income, gains, losses, deductions, and credits attributable to the following property that was disposed during the predivorce period: [describe property held in both parties’ names or in one party’s sole name during the predivorce period].

The partition described above further assigns to a party estimated tax payments and withholding taxes made by, in the name of, or for the benefit of that party from January 1, [year of divorce], through the date of divorce, as if the same were that party’s sole and separate property. The parties agree and IT IS ORDERED AND DECREED that, for the purposes of determining each party’s income tax liability, the property referenced above in items b. and c. for that party and each such property that was disposed on or after January 1, [year of divorce], and before the date of divorce, to the extent the income, gains, losses, deductions, and credits attributable to the property are partitioned to that party, shall be deemed to have been partitioned to that party and have been that party’s separate property as of January 1, [year of divorce], or the date of the property’s acquisition, if later.

IT IS ORDERED AND DECREED that for the calendar year [year of divorce], each party shall file a federal income tax return in accordance with the I.R.C. and this decree.

11.K.3.d.Treatment/Allocation
26 USC § 66(a)—Community Income—Living Apart

The Court finds that the parties have lived apart at all times during the calendar year of [year of divorce], that [name[s] of party[ies]] [has/have] earned income that is community income during that calendar year, and that there have been no transfers of earned income between the parties from January 1, [year of divorce], through the date of divorce. IT IS ORDERED AND DECREED that each party shall file a federal income tax return in accordance with I.R.C. sections 66(a) and 879(a) for the entire year ending December 31, [year of divorce].

IT IS ORDERED AND DECREED that each party shall be solely liable for the tax liability shown on [his or her/his/her] return and shall timely pay and hold the other party and the other party’s property harmless from any lia­bility of the reporting party for federal income taxes for the calendar year [year of divorce].

IT IS ORDERED AND DECREED that each party shall use as a credit against that party’s income tax liability for [year of divorce] 100 percent of all estimated tax payments and withholding taxes made by, in the name of, or for the benefit of that party, 50 percent of the prior year tax overpayment carryfor­ward of the parties to the calendar year [year of divorce], and 50 percent of all estimated tax payments made in the names of both parties for the period prior to the date of divorce.

IT IS ORDERED AND DECREED that, if the Internal Revenue Service disallows the reporting of community income in accordance with sections 66(a) and 879(a), allocation of tax liability shall still be made in the same pro­portions as though the income tax were calculated under section 66(a) and each party shall pay or reimburse the other party for the amount of income tax paid by the other party in excess of the amount of income tax the other party would have paid if I.R.C. section 66(a) had applied.

11.K.4.Indemnification

IT IS ORDERED AND DECREED that for the calendar year [year of divorce], each party shall indemnify and hold the other party and the other party’s property harmless from any tax liability associated with the reporting party’s federal income tax return for that year unless the parties have agreed to allocate their tax liability in a manner different from that reflected on their returns.

11.K.5.Preparation of Returns for Year of Divorce

a.Exchange of Information

IT IS ORDERED AND DECREED that each party shall provide such information to the other party as is requested to prepare the requesting party’s federal income tax returns for any year preceding or including [year of divorce] within thirty days of receipt of a written request for the information, and in no event shall the available information for [year of divorce] be exchanged later than March 1, [year following year of divorce]. As requested information becomes available after that date, IT IS ORDERED that it shall be provided within ten days of receipt. IT IS FURTHER ORDERED AND DECREED that all information shall be sent [by mail to the other party’s last known mailing address/by email to the other party’s last known email address/by text message to the other party’s last known mobile telephone number/by [other method of communication]].

b.Third-Party Preparation

IT IS ORDERED AND DECREED that both parties shall cooperate in the preparation of separate income tax returns for [year of divorce] by supply­ing to [name and address of preparer] all information necessary for the prepa­ration of each return in accordance with this decree. Both parties are ORDERED to provide the information to the preparer by mail, hand delivery, or other method specified by the preparer within ten days of any request for the information.

[Name of party] is ORDERED to pay all fees and charges for the prepa­ration and filing of each party’s federal income tax return for the calendar year [year of divorce], which payment shall be made within ten days of receipt of the bill for those fees and charges.

IT IS ORDERED AND DECREED that each party shall pay all fees and charges for the preparation and filing of that party’s federal income tax return for [year of divorce].

11.K.6.Preserving Records

IT IS ORDERED AND DECREED that each party shall preserve for a period of seven years from the date of divorce all presently existing financial and tax-related documents, information, and records relating to the community and separate estates of the parties and the preparation of the party’s federal and, if applicable, state tax returns for [year of divorce]. Each party is ORDERED to allow the other party access to these documents, information, and records as reasonably necessary for the determination of that party’s tax liability or to respond to an examination or audit by the Internal Revenue Ser­vice or other governmental agency within a reasonable time after receipt of written notice from the party requesting access to the documents, information, and records. Access shall include the right to copy the documents, information, and records.

11.K.7.Payment of Taxes Not Income

IT IS ORDERED AND DECREED that all payments made to the other party in accordance with the allocation provisions for payment of federal income taxes contained in this Final Decree of Divorce are not deemed income to the party receiving those payments but are part of the property division and necessary for a just and right division of the parties’ estate.

11.K.8.Tax Exemption for Child[ren]

11.K.8.a.Exemption to One Party

IT IS ORDERED AND DECREED that [name of party A] shall have the sole right to claim [name[s] of child[ren]] as [a dependent/dependents] for income tax purposes on [name of party A]’s income tax returns for all years beginning with the calendar year [year]. IT IS FURTHER ORDERED AND DECREED that not later than [number] days after the date of divorce [name of party B] shall execute and deliver to [name of party A] at the law offices of [name of attorney] at [location] an IRS Form 8332 permitting [name of party A] this right. [Name of party B] is ORDERED not to try to claim [the child/these children] as [a dependent/dependents] for income tax purposes beginning with the calendar year [year] unless [name of party A] has executed and delivered to [name of party B] an IRS Form 8332 permitting [name of party B] that right.

11.K.8.b.Exemption Split between Parties

IT IS ORDERED AND DECREED that [name of party A] shall have the sole right to claim [name[s] of child[ren]] as [a dependent/dependents] for income tax purposes on [name of party A]’s income tax returns for even-
numbered years beginning with the calendar year [year]. IT IS FURTHER ORDERED AND DECREED that not later than [number] days after the date of divorce [name of party B] shall execute and deliver to [name of party A] at the law offices of [name of attorney] at [location] an IRS Form 8332 permitting [name of party A] this right. [Name of party B] is ORDERED not to try to claim [the child/these children] as [a dependent/dependents] for income tax purposes for even-numbered years beginning with the calendar year [year] unless [name of party A] has executed and delivered to [name of party B] an IRS Form 8332 permitting [name of party B] that right.

IT IS ORDERED AND DECREED that [name of party B] shall have the sole right to claim [name[s] of child[ren]] as [a dependent/dependents] for income tax purposes on [name of party B]’s income tax returns for odd-
numbered years beginning with the calendar year [year].  IT IS FURTHER ORDERED AND DECREED that not later than [number] days after the date of divorce [name of party A] shall execute and deliver to [name of party B] at the law offices of [name of attorney] at [location] an IRS Form 8332 permitting [name of party B] this right. [Name of party A] is ORDERED not to try to claim [the child/these children] as [a dependent/dependents] for income tax purposes for odd-numbered years beginning with the calendar year [year] unless [name of party B] has executed and delivered to [name of party A] an IRS Form 8332 permitting [name of party A] that right.

11.K.9.Tax Audit

IT IS ORDERED AND DECREED that the parties shall cooperate with each other and exchange all relevant information, notices, and documents in the event of an audit or examination (or notice thereof) of their income tax returns for any period during their marriage through the date of divorce by the Internal Revenue Service or other governmental agency, and each party shall have the right to participate, at that participant party’s cost and expense, in that audit or examination individually or by that party’s designated representative.

11.L.Division of Nonawarded Assets and Nonassumed Liabilities

IT IS ORDERED AND DECREED that any assets of the parties not awarded or divided by this Final Decree of Divorce are subject to future divi­sion as provided by law.

IT IS ORDERED AND DECREED that any undisclosed asset of the parties [include if applicable: with a [gross/net] fair market value on the date of divorce of [number] dollars ($[amount]) or more] is awarded to the party not in possession or control of the asset.

IT IS FURTHER ORDERED AND DECREED, as a part of the division of the estate of the parties, that any liability not expressly assumed by a party under this decree is to be paid by the party incurring the liability, and the party incurring the liability shall indemnify and hold the other party and the other party’s property harmless from any failure to so discharge the liability.

11.M.Confirmation of Separate Property

11.M.1.To Petitioner

IT IS ORDERED AND DECREED that the following described prop­erty is confirmed as the separate property of [name of petitioner]: [include appropriate property descriptions].

11.M.2.To Respondent

IT IS ORDERED AND DECREED that the following described prop­erty is confirmed as the separate property of [name of respondent]: [include appropriate property descriptions].

11.N.Future Use and Disposition of Credit Cards

11.N.1.For Petitioner

IT IS ORDERED AND DECREED that Petitioner is granted exclusive use of the following credit card[s] and Respondent is enjoined and prohibited from using or incurring any indebtedness on [that/those] card[s]: [for each card, state type of card (e.g., MasterCard); issuing entity, if any (i.e., name of bank, credit union, etc.); name on card; and any other necessary identifying information].

Respondent is ORDERED to return the following card[s] to Petitioner by [date]: [for each card, state type of card (e.g., MasterCard); issuing entity, if any (i.e., name of bank, credit union, etc.); name on card; and any other neces­sary identifying information].

11.N.2.For Respondent

IT IS ORDERED AND DECREED that Respondent is granted exclu­sive use of the following credit card[s] and Petitioner is enjoined and prohib­ited from using or incurring any indebtedness on [that/those] card[s]: [for each card, state type of card (e.g., MasterCard); issuing entity, if any (i.e., name of bank, credit union, etc.); name on card; and any other necessary identifying information].

Petitioner is ORDERED to return the following card[s] to Respondent by [date]: [for each card, state type of card (e.g., MasterCard); issuing entity, if any (i.e., name of bank, credit union, etc.); name on card; and any other neces­sary identifying information].

11.N.3.Injunction for Certain Cards

Petitioner and Respondent are both enjoined and prohibited from using or incurring any indebtedness on the following card[s]: [for each card, state type of card (e.g., MasterCard); issuing entity, if any (i.e., name of bank, credit union, etc.); name on card; and any other necessary identifying information].

12.Transfer and Delivery of Property

Transfer and Delivery of Property

12.A.Direction to Execute Instruments

[Name] is ORDERED to appear in the law offices of [name of attorney] at [location], at [time] on [date], and to execute, have acknowledged, and deliver to [name] these instruments:

1.Special Warranty Deed [include if applicable: in the form attached to this Final Decree of Divorce as Exhibit [exhibit number/letter]]; [See form 24-3.]

2.Special Warranty Deed with Encumbrance for Owelty of Partition [include if applicable: in the form attached to this Final Decree of Divorce as Exhibit [exhibit number/letter]]; [See form 24-4.]

3.Real Estate Lien Note [include if applicable: in the form attached to this Final Decree of Divorce as Exhibit [exhibit number/letter]]; [See form
24-6.]

4.Deed of Trust [include if applicable: in the form attached to this Final Decree of Divorce as Exhibit [exhibit number/letter]]; [See form 24-5.]

5.Deed of Trust to Secure Assumption [include if applicable: in the form attached to this Final Decree of Divorce as Exhibit [exhibit number/letter]]; [See form 24-7 and/or form 24-37.]

6.Owelty Deed of Trust or Deed of Trust with Owelty Lien [include if applicable: in the form attached to this Final Decree of Divorce as Exhibit [exhibit number/letter]]; [See form 24-10.]

7.Deed without Warranty [include if applicable: in the form attached to this Final Decree of Divorce as Exhibit [exhibit number/letter]]; [See form 24-8.]

8.Assignment of escrow funds letter [include if applicable: in the form attached to this Final Decree of Divorce as Exhibit [exhibit number/letter]]; [See form 24-14.]

9.Assignment of insurance coverage [include if applicable: in the form attached to this Final Decree of Divorce as Exhibit [exhibit number/letter]];

10.Assignment of utility deposits [include if applicable: in the form attached to this Final Decree of Divorce as Exhibit [exhibit number/letter]]; [See form 24-15.]

11.Certificate of title to motor vehicle [include if applicable: in the form attached to this Final Decree of Divorce as Exhibit [exhibit number/letter]];

12.Power of attorney to transfer motor vehicle [include if applicable: in the form attached to this Final Decree of Divorce as Exhibit [exhibit number/letter]]; [See form 24-1.]

13.Stock transfer certificate [include if applicable: in the form attached to this Final Decree of Divorce as Exhibit [exhibit number/letter]]; [See form 24-17.]

14.Operating Trust Agreement for Jointly Owned Property after Divorce [include if applicable: in the form attached to this Final Decree of Divorce as Exhibit [exhibit number/letter]]; [See form 24-19.]

15.Security Agreement with Collateral Pledge [include if applicable: in the form attached to this Final Decree of Divorce as Exhibit [exhibit number/letter]]; [See form 24-20.]

16.Assignment of interest [include if applicable: in the form attached to this Final Decree of Divorce as Exhibit [exhibit number/letter]]. [See form 24-16.]

This decree shall serve as a muniment of title to transfer ownership of all property awarded to any party in this Final Decree of Divorce.

12.B.Direction to Deliver Property

[Name of party] is ORDERED to deliver to [name of other party] on [date] at [time] at [address] these items:

1.[Year, make, and model] motor vehicle, vehicle identification num­ber [number], together with all keys, insurance policies, registration papers, and title documents.

2.All title documents, tax statements, insurance policies, house plans, warranties and service contracts, title and closing documents, and keys for property located at [full address].

12.C.Continuation of Health Insurance Coverage (COBRA)
TIC §§ 1251.301–.302; 26 USC § 4980B; 29 USC § 1161 et seq.; 42 USC § 300bb–1 et seq.

[Name of employee spouse] is ORDERED to give written notice of the Court’s signing of this Final Decree of Divorce to [his/her] employer within five business days after the date of the Court’s signing. IT IS FURTHER ORDERED that the notice to the employer shall include the last known mail­ing address of [name of nonemployee spouse] and that a copy of the notice shall be sent to [name of nonemployee spouse]. Unless previously provided, [name of employee spouse] is also ORDERED to provide to [name of nonem­ployee spouse] a copy of the presently existing health insurance card and any documentation explaining the benefits under the coverage within five business days after the Court’s signing of this decree [by mail to the other party’s last known mailing address/by email to the other party’s last known email address/by text message to the other party’s last known mobile telephone number/by [other method of communication]].

13.Designation/Redesignation of Beneficiary
§§ 9.301, 9.302

[Designation/Redesignation] of Beneficiary

[Name of insured/employee spouse] hereby [designates/redesignates] [name of designated spouse] as beneficiary of the following [life insurance [policy/policies]/individual retirement [account/accounts]/employee stock option [plan/plans]/stock [option/options]/[other form of savings, bonus, profit-sharing, or other employer plans]]: [list individually all policies, accounts, plans, and options for which spouse is being designated or redesignated as beneficiary].

This decree shall serve as a valid designation of beneficiary under the provisions of the Texas Family Code to acknowledge [name of designated spouse] as beneficiary of the above [include as applicable: [policy/policies]/[account/accounts]/[plan/plans]/[option/options]] after divorce.

14.Permanent Injunctions as to Persons

Injunctive Relief

The Court finds that, because of the conduct of [name], a permanent injunction against [him/her] should be granted as appropriate relief because there is no adequate remedy at law.

The permanent injunction granted below shall be effective immediately and shall be binding on [name]; on [his/her] agents, servants, employees, and attorneys; and on those persons in active concert or participation with them who receive actual notice of this order by personal service or otherwise.

IT IS ORDERED AND DECREED that [name] is permanently enjoined from:

1.Threatening Other Party

Causing physical contact or bodily injury to [name] or threatening [name] with imminent bodily injury.

2.Communicating

Communicating in person, by telephone, or in writing with [name], except for arranging visitation or notifying [name] of circumstances affecting the best interest of the child[ren].

3.Entering Residence or Place of Employment

Coming within [feet] feet of, entering, or remaining on the premises of the residence of [name], located at [address], or place of employment of [name] at [name and address of employment] for any purpose, except to exer­cise visitation granted in this decree.

4.Interfering with Possession of Child[ren]

Interfering in any way with Managing Conservator’s possession of the child[ren] or taking or retaining possession of the child[ren], directly or in con­cert with other persons, except as permitted by order of the Court.

5.Coming to Day Care or School

Coming within [feet] feet of, entering, or remaining on the premises of the child[ren]’s day-care facility, [name and address]; school, [name and address]; or other day-care facility or school about which [name] receives written notice.

•Service of Writ
TRCP 689

Petitioner and Respondent waive issuance and service of the writ of injunction, by stipulation or as evidenced by the signatures below. IT IS ORDERED that Petitioner and Respondent shall be deemed to be duly served with the writ of injunction.

15.Change of Name
§§ 6.706, 45.105

Change of Name

IT IS ORDERED AND DECREED that [Petitioner’s/Respondent’s] name is changed to [first, middle, and last names].

16.Court Costs
TCPRC § 31.007

Court Costs

16.A.One Party Due—No Judgment

All costs of court in this case are adjudged against [name], for which let execution issue.

16.B.One Party Due—Judgment

IT IS ORDERED AND DECREED that [Petitioner/Respondent], [name], is awarded a judgment of [number] dollars ($[amount]) against [Respondent/Petitioner], [name], for costs of court incurred in the course of this lawsuit, with interest at [percent] percent per year compounded annually from the date the judgment is signed until paid, for which let execution issue.

16.C.Party Incurring

IT IS ORDERED AND DECREED that costs of court are to be borne by the party who incurred them.

16.D.Half to Each Party

IT IS ORDERED AND DECREED that all costs of court expended in this case are taxed one-half against Petitioner, [name of petitioner], and one-half against Respondent, [name of respondent], for which let execution issue.

17.Obligation under Temporary Orders

Resolution of Temporary Orders

17.A.Temporary Orders Terminated

IT IS ORDERED AND DECREED that Petitioner and Respondent are discharged from all further liabilities and obligations imposed by the tempo­rary order of this Court rendered on [date].

17.B.Obligations of Temporary Orders to Survive Judgment

IT IS ORDERED AND DECREED that all obligations and duties for temporary support incurred during the pendency of the divorce [and/or other obligations; include specific nondischarged obligations] imposed by the tem­porary orders of this Court that are not yet discharged shall survive this judg­ment, and independent enforcement may be sought.

18.[Discharge from] Discovery Retention Requirement
TRCP 191.4(d)

[Discharge from] Discovery Retention Requirement

IT IS ORDERED AND DECREED that the parties and their respective attorneys are discharged from the requirement of keeping and storing the docu­ments produced in this case in accordance with rule 191.4(d) of the Texas Rules of Civil Procedure.

IT IS ORDERED AND DECREED that any persons required to serve discovery materials shall maintain, for a period of [number] months after this judgment is signed, the originals or exact copies of all discovery materials pro­duced during the pendency of this matter and not filed with the Court. If an appeal is begun within that [number]-month period, IT IS FURTHER ORDERED AND DECREED that the discovery materials shall be maintained while the appeal is pending.

19.Decree Acknowledgment

Decree Acknowledgment

Petitioner, [name of petitioner], and Respondent, [name of respondent], each acknowledge that before signing this Final Decree of Divorce they have read this Final Decree of Divorce fully and completely, have had the opportu­nity to ask any questions regarding the same, and fully understand that the con­tents of this Final Decree of Divorce constitute a full and complete resolution of this case. Petitioner and Respondent acknowledge that they have voluntarily affixed their signatures to this Final Decree of Divorce, believing this agree­ment to be a just and right division of the marital debt and assets, and state that they have not signed by virtue of any coercion, any duress, or any agreement other than those specifically set forth in this Final Decree of Divorce.

20.Indemnification

Indemnification

Each party represents and warrants that [he or she/he/she] has not incurred any outstanding debt, obligation, or other liability on which the other party is or may be liable, other than those described in this decree. Each party agrees and IT IS ORDERED that if any claim, action, or proceeding is hereaf­ter initiated seeking to hold the party not assuming a debt, an obligation, a lia­bility, an act, or an omission of the other party liable for such debt, obligation, liability, act, or omission of the other party, that other party will, at that other party’s sole expense, defend the party not assuming the debt, obligation, liabil­ity, act, or omission of the other party against any such claim or demand, whether or not well founded, and will indemnify the party not assuming the debt, obligation, liability, act, or omission of the other party and hold [him or her/him/her] harmless from all damages resulting from the claim or demand.

Damages, as used in this provision, includes any reasonable loss, cost, expense, penalty, and other damage, including without limitation attorney’s fees and other costs and expenses reasonably and necessarily incurred in enforcing this indemnity.

IT IS ORDERED that the indemnifying party will reimburse the indem­nified party, on demand, for any payment made by the indemnified party at any time after the entry of the divorce decree to satisfy any judgment of any court of competent jurisdiction or in accordance with a bona fide compromise or set­tlement of claims, demands, or actions for any damages to which this indem­nity relates.

The parties agree and IT IS ORDERED that each party will give the other party prompt written notice of any litigation threatened or instituted against either party that might constitute the basis of a claim for indemnity under this decree. The parties agree and IT IS ORDERED that each party shall send this written notice to the other party [by mail to the other party’s last known mailing address/by email to the other party’s last known email address/by text message to the other party’s last known mobile telephone number/by [other method of communication]] within three days of the party’s being noti­fied of the threatened or instituted litigation.

21.Clarifying Orders
§§ 9.001–.105

Clarifying Orders

Without affecting the finality of this Final Decree of Divorce, this Court expressly reserves the right to make orders necessary to clarify and enforce this decree.

22.Relief Not Granted

Relief Not Granted

IT IS ORDERED AND DECREED that all relief requested in this case and not expressly granted is denied. This is a final judgment, for which let exe­cution and all writs and processes necessary to enforce this judgment issue. This judgment finally disposes of all claims and all parties and is appealable.

23.Date of Judgment

Date of Judgment

SIGNED on ________________________________.

This divorce judicially PRONOUNCED AND RENDERED in court at [city, county] County, Texas, on [date] and further noted on the court’s docket sheet on the same date, but signed on ________________________________.

   
JUDGE PRESIDING

24.Approvals

APPROVED AS TO FORM ONLY:

   
[Name]
Attorney for Petitioner
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

   
[Name]
Attorney for Respondent
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

   
[Name]
[Guardian Ad Litem/Attorney Ad Litem/
      Amicus Attorney]
State Bar No.: [if applicable]
[Email address]
[Address]
[Telephone]
[Fax]

APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:

   
Petitioner

   
Respondent