Form 26-13

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Findings of Fact and Conclusions of Law

In response to the request of [Petitioner/Respondent], [name], the Court makes and files the following as original Findings of Fact and Conclusions of Law in accordance with rules 296 and 297 of the Texas Rules of Civil Procedure [include as applicable: and sections 6.711, 153.258, and 154.130 of the Texas Family Code].

Findings of Fact—Divorce

1.[Name of petitioner], Petitioner, and [name of respondent], Respondent, were mar­ried on [date].

1.[Name of petitioner], Petitioner, and [name of respondent], Respondent, entered into an informal marriage on [date].

2.At the time of the filing of this suit, [name] had been a domiciliary of Texas for six months and a resident of [county] County for ninety days.

3.The marriage of Petitioner and Respondent has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.

3.[Petitioner/Respondent] is guilty of cruel treatment toward [Respondent/Petitioner] of a nature that renders further living together insupportable.

3.[Petitioner/Respondent] has committed adultery.

Findings of Fact—Divorce—Waiting Period

4.Respondent has been finally convicted of or received deferred adjudication for an offense involving family violence as defined by section 71.004 of the Texas Family Code against Petitioner or a member of Petitioner’s household.

4.Petitioner has an active protective order under title 4 of the Texas Family Code or an active magistrate’s order for emergency protection under article 17.292 of the Texas Code of Criminal Procedure, based on a finding of family violence, against Respondent because of family violence committed during the marriage.

Findings of Fact—SAPCR

5.At the time of divorce, Petitioner and Respondent were the parents of the follow­ing child[ren] under the age of eighteen years: [name, sex, and birth date of each child].

5.Petitioner and Respondent are the parents of the following child[ren]: [name, sex, and birth date of each child].

5.[Name] is the biological father of the following child[ren]: [name, sex, and birth date of each child].

6.It is in the best interest of the child[ren] that [name] and [name] be appointed joint managing conservators of the child[ren] and that [name] have the right to designate the child[ren]’s primary residence.

6.It is in the best interest of the child[ren] that [name] be appointed the sole manag­ing conservator of the child[ren] and that [name] be appointed the possessory conservator of the child[ren].

7.There is credible evidence of a history or pattern of past or present [child neglect/physical abuse/sexual abuse/child neglect and sexual abuse/child neglect and physical abuse/sexual and physical abuse/child neglect, sexual abuse, and physical abuse] by [name of abu­sive parent] directed against [name[s] of other parent, spouse, or child[ren]], and it is not in the best interest of the child[ren] that [name of abusive parent] be appointed as the [sole/joint] managing conservator of [name[s] of child[ren]].

Findings of Fact—Possession—Family Code § 153.258

8.The periods of possession comply with the Standard Possession Order.

8.The periods of possession vary from the Standard Possession Order for the follow­ing reasons: [list].

9.The specific reasons for denying, limiting, or restricting [name of possessory con­servator]’s possession of or access to the child[ren] are the following: [list reasons pursuant to Tex. Fam. Code § 153.3171(b)(2)].

10.The specific reasons why one or more of the alternative beginning or ending pos­session times under section 153.317(a) are not in the best interest of the child[ren] are the fol­lowing: [list reasons pursuant to Tex. Fam. Code § 153.3171(b)(3)].

11.The following factors were considered in rendering the possession order for [name of child], who is less than three years of age: [list applicable factors from Tex. Fam. Code § 153.254(a)].

Findings of Fact—Restricted Possession—Family Violence—Family Code § 153.004(d)(1), (d–1)

12.[Name of possessory conservator] should not be allowed access to [name[s] of child[ren]] because [name of possessory conservator] has a history or pattern of committing family violence during the two years preceding the date of the filing of this suit or during the pendency of this suit.

12.[Name of possessory conservator] should be allowed access to [name[s] of child[ren]] even though [name of possessory conservator] has a history or pattern of commit­ting family violence during the two years preceding the date of the filing of this suit or during the pendency of this suit, because awarding [name of possessory conservator] access to [name[s] of child[ren]] will not endanger the child[ren]’s physical health or emotional welfare and would be in the best interest of the child[ren] and the possession order is designed to pro­tect the safety and well-being of [name[s] of child[ren]] and [name[s] of any other person who has been a victim of family violence committed by possessory conservator].

Findings of Fact—Restricted Possession—Sexual Offense—Family Code § 153.004(d)(2),
(d–1)

13.[Name of possessory conservator] should not be allowed access to [names[s] of child[ren]] because [name of possessory conservator] has engaged in conduct that constitutes an offense under section [21.02/22.011/22.021/25.02] of the Texas Penal Code and, as a direct result of the conduct, the victim of the conduct became pregnant with [name of possessory conservator]’s child.

13.[Name of possessory conservator] should be allowed access to [name[s] of child[ren]] even though [name of possessory conservator] has engaged in conduct that consti­tutes an offense under section [21.02/22.011/22.021/25.02] of the Texas Penal Code and, as a direct result of the conduct, the victim of the conduct became pregnant with [name of posses­sory conservator]’s child, because awarding [name of possessory conservator] access to [name[s] of child[ren]] will not endanger the child[ren]’s physical health or emotional welfare and would be in the best interest of the child[ren] and the possession order is designed to pro­tect the safety and well-being of [name[s] of child[ren]].

Findings of Fact—Risk of International Abduction—Family Code §§ 153.501–.503

14.The United States is the country of habitual residence of [name[s] of child[ren]].

15.Credible evidence has been presented that there is a potential risk of the interna­tional abduction of [name[s] of child[ren]] by Respondent.

16.The Court further finds that:

a.Respondent has taken, enticed away, kept, withheld, or concealed [name[s] of child[ren]] in violation of Petitioner’s right of possession of or access to [name[s] of child[ren]].

b.Respondent has previously threatened to take, entice away, keep, withhold, or conceal [name[s] of child[ren]] in violation of Petitioner’s right of possession of or access to [name[s] of child[ren]].

c.Respondent lacks financial reason to stay in the United States and is [include as applicable: financially independent/able to work outside the United States/unemployed].

d.Respondent has recently engaged in planning activities that could facilitate the removal of [name[s] of child[ren]] from the United States by Respondent, including: [include as applicable: quitting a job/selling a primary residence/terminating a lease/closing bank accounts/liquidating assets/hiding or destroying documents/applying for a passport or visa or obtaining other travel documents for [Respondent/[name[s] of child[ren]]/Respondent and [name[s] of child[ren]]]/applying to obtain [name[s] of child[ren]]’s birth certificate[s] or school or medical records].

e.Respondent has a history of domestic violence.

f.Respondent has a criminal history or a history of violating court orders.

g.Respondent has strong familial, emotional, or cultural ties to another country [include if applicable: that is not a signatory to or compliant with the Hague Convention on the Civil Aspects of International Child Abduction].

h.Respondent lacks strong ties to the United States.

i.Respondent is undergoing a change in status with the United States Immigra­tion and Naturalization Service that would adversely affect Respondent’s ability to legally remain in the United States.

j.Respondent’s application for United States citizenship has been denied by the United States Immigration and Naturalization Service.

k.Respondent has [[forged/presented misleading or false evidence to obtain] [include as applicable: a visa/a passport/a Social Security card/[specify other identification card[s]]]/made [a] misrepresentation[s] to the United States government].

l.Respondent has ties to [name of foreign country].

(1)[Name of foreign country] presents obstacles to the recovery and return of a child who is abducted to [name of foreign country] from the United States.

(2)[Name of foreign country] has no legal mechanisms for immedi­ately and effectively enforcing an order regarding the possession of or access to [name[s] of child[ren]] issued by Texas.

(3)[Name of foreign country] has local laws or practices that would enable Respondent to [include as applicable: prevent Petitioner from contact­ing the child[ren] without due cause/restrict Petitioner from freely traveling to or exiting from [name of foreign country] because of Petitioner’s gender, nationality, or religion/restrict [name[s] of child[ren]]’s ability to legally leave [name of foreign country] after [name[s] of child[ren]] reach[es] the age of majority because of [name[s] of child[ren]]’s gender, nationality, or religion].

(4)[Name of foreign country] is included by the United States Depart­ment of State on a list of state sponsors of terrorism.

(5)[Name of foreign country] is a country for which the United States Department of State has issued a travel warning to United States citizens regarding travel to the country.

(6)[Name of foreign country] has no embassy of the United States in the country.

(7)[Name of foreign country] is engaged in active military action or war.

(8)[Name of foreign country] is not a party to and compliant with the Hague Convention on the Civil Aspects of International Child Abduction according to the most recent report on compliance issued by the United States Department of State.

(9)[Name of foreign country] does not provide for the extradition of a parental abductor and the return of the child[ren] to the United States.

(10)[Name of foreign country] poses a risk that the child[ren]’s physical health or safety would be endangered because of [include as applicable: spe­cific circumstances relating to the child[ren]/human rights violations commit­ted against children, including [include as applicable: arranged marriages/lack of freedom of religion/child labor/lack of child abuse laws/female geni­tal mutilation/slavery]].

Findings of Fact—Fit-Parent Presumption—Third-Party Conservatorship or Access

17.[Name of parent] [has/has not] adequately cared for the child[ren].

18.The presumption that [name of parent] is a fit parent has been overcome based in part on the following: [include facts that establish the parent as unfit].

Findings of Fact—Grandparent Possession of or Access to Grandchild—Family Code § 153.433

19.At the time of the filing of this request for possession of or access to [name[s] of grandchild[ren]], [name of biological or adoptive parent] has not had [his/her] parental rights terminated.

20.Denial of possession of or access to the child[ren] by [name[s] of grandparent[s]] would significantly impair the child[ren]’s physical health or emotional well-being.

21.[Name of grandparent requesting access] is a parent of a parent of the child[ren], and that parent of the child[ren] [has been incarcerated in jail or prison during the three-month period preceding the filing of the petition/has been found by a court to be incompetent/is dead/does not have actual or court-ordered possession of or access to the child[ren]].

Findings of Fact—Child Support—Family Code § 154.130

22.[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.]

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

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

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

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

26.The specific reasons that the amount of child 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].

Findings of Fact—Intentional Unemployment or Underemployment—Family Code § 154.066

27.The actual income of [name of obligor] is significantly less than what [name of obligor] could earn because of intentional [unemployment/underemployment].

28.The earning potential of [name of obligor] is $[amount] per [month/year].

Findings of Fact—Wage and Salary Presumption—Family Code § 154.068

29.In the absence of evidence of [name of obligor]’s resources, the Court finds that [name of obligor] has income equal to the federal minimum wage for a forty-hour week.

Findings of Fact—Factors Considered—Family Code § 154.0655

30.When applying [section 154.066/section 154.068/sections 154.066 and 154.068] of the Texas Family Code, the following factors were taken into consideration in determining [name of obligor]’s net resources: [list all applicable factors; see Tex. Fam. Code § 154.0655].

Findings of Fact—Deemed Income—Family Code § 154.067

31.$[amount] per [month/year] is deemed income attributable to [specify asset(s) not currently producing income], which has been considered in determining [name of obligor]’s net resources available for child support.

Findings of Fact—Disabled Obligor—Family Code § 154.132

32.[Name of obligor] has a disability and the child[ren] receive[s] benefits as a result of [name of obligor]’s disability in the amount of $[amount] per month.

Findings of Fact—Health Insurance Coverage—Family Code § 154.182

33.Health insurance coverage is available for the child[ren] at a reasonable cost through [[name of obligor]/[name of obligee]]’s [employment/membership in a union, trade association, or other organization].

34.Health insurance coverage is available to [[name of obligor]/[name of obligee]] for the child[ren] at a reasonable cost from [identify source other than those identified in Tex. Fam. Code § 154.182(b)(1)].

35.Health insurance is not available to [name of obligor] or [name of obligee] for the child[ren] at a reasonable cost.

36.[Name of obligor]’s annual resources are $[amount], justifying cash medical child support in the amount of $[amount] per [month/year] [include as applicable: , as calculated in accordance with Tex. Fam. Code § 154.062(b)].

37.Good cause exists to deviate from the health care coverage priorities specified in Texas Family Code section 154.182, including the following: [specify all reasons establishing good cause].

Findings of Fact—Dental Insurance Coverage—Family Code § 154.1825

38.Dental insurance coverage is available for the child[ren] at a reasonable cost through [[name of obligor]/[name of obligee]]’s [employment/membership in a union, trade association, or other organization].

39.Dental insurance coverage is available to [[name of obligor]/[name of obligee]] for the child[ren] at a reasonable cost from [identify source other than those identified in Tex. Fam. Code § 154.1825(c)(1)].

40.Good cause exists to deviate from the dental care coverage priorities specified in Texas Family Code section 154.1825, including the following: [specify all reasons establish­ing good cause].

Findings of Fact—Retroactive Child Support—Family Code § 154.131

41.The net resources of [name of obligor] for the following periods were: [include all relevant periods under consideration].

$[amount] per month from the date of the birth of the child through [date]

$[amount] per month from [date] to [date]

$[amount] per month from [date] to [date]

42.The mother of the child[ren] [attempted/did not attempt] to notify [name of obli­gor] of his paternity or probable paternity.

43.[Name of obligor] [had/did not have] knowledge of his paternity or probable pater­nity.

44.The order of retroactive child support [will/will not] impose an undue financial hardship on [name of obligor] or [name of obligor]’s family.

45.[Name of obligor] [has/has not] provided actual support or other necessaries before this suit was filed.

46.[Name of obligor] knew or should have known he was the father of the child[ren].

47.[Name of obligor] sought to avoid the establishment of a child support obligation to the child[ren].

Findings of Fact—Spousal Maintenance—Family Code §§ 8.051–.054

48.[Name of obligee] will lack sufficient property, including [his/her] separate prop­erty, on dissolution of the marriage to provide for [his/her] minimum reasonable needs.

49.[Name of obligor] [was convicted of/received deferred adjudication for] a criminal offense that also constitutes an act of family violence under title 4 of the Texas Family Code that was committed during the marriage against [[name of obligee]/[name[s]], [a] child[ren] of [name of obligee]/[name of obligee] and [name[s]], [a] child[ren] of [name of obligee]], and the offense occurred [within two years of [date suit filed]/during the pendency of the suit].

49.The duration of the marriage was ten years or longer, and [name of obligee] lacks the ability to earn sufficient income to provide for [his/her] minimum reasonable needs.

49.[Name of obligee] is unable to earn sufficient income to provide for [his/her] mini­mum reasonable needs because of an incapacitating [physical/mental] disability.

49.[Name of obligee] is the custodian of [name[s] of child[ren]], who require[s] sub­stantial care and personal supervision because of a [physical/mental] disability that prevents [name of obligee] from earning sufficient income to provide for [his/her] minimum reasonable needs.

50.[Name of obligee] has an ongoing incapacitating [physical/mental] disability.

50.[Name of obligee] has exercised diligence in earning sufficient income to provide for [his/her] minimum reasonable needs.

50.[Name of obligee] has exercised diligence in developing the necessary skills to provide for [his/her] minimum reasonable needs during a period of separation and during the time the suit for dissolution of marriage was pending.

51.The following factors were taken into consideration in determining the nature, amount, duration, and manner of periodic payments: [list factors; see Tex. Fam. Code § 8.052].

52.[Name of obligee] and [name of obligor] were married for at least ten years but not more than twenty years.

52.[Name of obligee] and [name of obligor] were married for at least twenty years but not more than thirty years.

52.[Name of obligee] and [name of obligor] were married for thirty years or more.

53.[Name of obligee]’s ability to provide for [his/her] minimum reasonable needs is substantially or totally diminished because of a [physical/mental] disability.

54.[Name of obligee]’s ability to provide for [his/her] minimum reasonable needs is substantially or totally diminished because of duties as the custodian of [name[s] of child[ren]].

55.[Name of obligee]’s ability to provide for [his/her] minimum reasonable needs is substantially or totally diminished because of [any other compelling impediment].

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

Findings of Fact—Division of the Marital Estate—Premarital Agreement—Family Code §§ 4.002, 4.006

57.Before the marriage, Petitioner and Respondent entered into a premarital agree­ment on [date].

58.[Name of party contesting agreement] [signed/did not sign] the premarital agree­ment voluntarily.

59.The premarital agreement [was/was not] unconscionable when signed.

60.Before signing the premarital agreement, [name of party contesting agreement] [was/was not] provided a fair and reasonable disclosure of the [property/financial obligations/property and financial obligations] of [name of other party].

61.Before signing the premarital agreement, [name of party contesting agreement] [did/did not] voluntarily and expressly waive, in writing, any right to disclosure of the [prop­erty/financial obligations/property and financial obligations] of [name of other party] beyond the disclosures provided.

62.Before signing the premarital agreement, [name of party contesting agreement] [did not have, and reasonably could not have had,/had/reasonably could have had] adequate knowledge of the [property/financial obligations/property and financial obligations] of [name of other party].

Findings of Fact—Division of Marital Estate—Marital Property Agreement—Family Code §§ 4.102, 4.105

63.During the marriage, Petitioner and Respondent entered into a marital property agreement on [date].

64.[Name of party contesting agreement] [signed/did not sign] the marital property agreement voluntarily.

65.The marital property agreement [was/was not] unconscionable when signed.

66.Before execution of the marital property agreement, [name of party contesting agreement] [was/was not] provided a fair and reasonable disclosure of the [property/financial obligations/property and financial obligations] of [name of other party].

67.Before execution of the marital property agreement, [name of party contesting agreement] [did/did not] voluntarily and expressly waive, in writing, any right to disclosure of the [property/financial obligations/property and financial obligations] of [name of other party] beyond the disclosures provided.

68.Before execution of the marital property agreement, [name of party contesting agreement] [did not have, and reasonably could not have had,/had/reasonably could have had] adequate knowledge of the [property/financial obligations/property and financial obligations] of [name of other party].

Findings of Fact—Division of the Marital Estate—Agreement to Convert Separate Property to Community Property—Family Code §§ 4.202, 4.205

69.During the marriage, Petitioner and Respondent entered an agreement on [date] that provided that [all/part of] the separate property owned by [Petitioner/Respondent/Petitioner and Respondent] be converted to community property.

70.Pursuant to the agreement, the following separate property of Petitioner was con­verted to community property: [list property and values].

71.Pursuant to the agreement, the following separate property of Respondent was converted to community property: [list property and values].

72.[Name of party contesting agreement] [signed/did not sign] the agreement volun­tarily.

73.[Name of party contesting agreement] [received/did not receive] a fair and reason­able disclosure of the legal effect of converting the property to community property.

Findings of Fact—Division of the Marital Estate—Family Code § 6.711

74.During the marriage, Petitioner and Respondent acquired the following property other than by gift or inheritance with the values shown: [list property and values].

75.Before the marriage of the parties, Petitioner owned the following property with the values shown: [list property and values].

76.Before the marriage of the parties, Respondent owned the following property with the values shown: [list property and values].

77.During the marriage, Petitioner received the following property from the estate of [name of decedent] with the values shown: [list property and values].

78.During the marriage, Respondent received the following property from the estate of [name of decedent] with the values shown: [list property and values].

79.During the marriage, Petitioner received the following property as a gift from [name of donee] with the values shown: [list property and values].

80.During the marriage, Respondent received the following property as a gift from [name of donee] with the values shown: [list property and values].

81.During the marriage, Respondent spent $[amount] in gifts to and entertainment of a young [woman/man] whom [he/she] was dating.

82.During the marriage, [name] made gifts to [his/her] child[ren] by a prior marriage in the aggregate sum of $[amount].

83.[Name] paid a down payment of $[amount] on [date] for the real property located at [address, city, state].

84.The community estate paid a down payment of $[amount] in community monies on [date] for the real property located at [address, city, state].

85.The following are liabilities incurred during the marriage: [list each creditor and amount owed as of a given date].

86.The following are liabilities of [name]: [list each creditor and amount owed as of a given date].

Findings of Fact—Division of the Marital Estate—Reimbursement Claims

87.The [community estate/separate estate of [name]] paid $[amount] toward the unse­cured liabilities of the [community estate/separate estate of [name]].

88.[Name] received $[amount] less in compensation than [he/she] should have for [his/her] time, toil, talent, and effort from [name of business entity], which is a business entity under [his/her] control and direction.

89.[Name] received benefits of $[amount] from the use and enjoyment of the [real property located at [address, city, state]/[describe property]].

90. The [real property located at [address, city, state]/[describe property]] was owned by [name] before marriage.

91.The principal amount of the debt secured by a lien on the [real property located at [address, city, state]/[describe property]] on [date of marriage] was $[amount].

92.The principal amount of the debt secured by a lien on the [real property located at [address, city, state]/[describe property]] on [date of divorce] was $[amount].

93.The total amount of reduction of the principal amount of the debt secured by a lien on the [real property located at [address, city, state]/[describe property]] by the [name of con­tributing estate] was $[amount].

94.The [real property located at [address, city, state]/[describe property]] was received by [name] by gift, devise, or descent on [date].

95.The principal amount of the debt secured by a lien on the [real property located at [address, city, state]/[describe property]] on [date property was received] was $[amount].

96.The principal amount of the debt secured by a lien on the [real property located at [address, city, state]/[describe property]] on [date of divorce] was $[amount].

97.The total amount of reduction of the principal amount of the debt secured by a lien on the [real property located at [address, city, state]/[describe property]] by the [name of con­tributing estate] was $[amount].

98.The principal amount of the debt incurred during marriage for the acquisition of, or capital improvements to, the [real property located at [address, city, state]/[describe prop­erty]] secured by a lien on the [real property located at [address, city, state]/[describe prop­erty]] was $[amount].

99.The principal amount of the debt secured by a lien on the [real property located at [address, city, state]/[describe property]] on [date of divorce] was $[amount].

100.The total amount of reduction of the principal amount of the debt secured by a lien on the [real property located at [address, city, state]/[describe property]] by the [name of con­tributing estate] was $[amount].

101.The principal amount of the debt incurred during marriage, secured by a lien on the [real property located at [address, city, state]/[describe property]] belonging to [name] for which the creditor agreed to look for repayment solely to the separate marital property of the spouse on whose property the lien attached was $[amount].

102.The principal amount of the debt secured by a lien on the [real property located at [address, city, state]/[describe property]] on [date of divorce] was $[amount].

103.The total amount of reduction of the principal amount of the debt secured by a lien on the [real property located at [address, city, state]/[describe property]] by the [name of con­tributing estate] was $[amount].

104.The amount of the claim for reimbursement by the [name of contributing estate] on [date of divorce] was $[amount].

Findings of Fact—Division of the Marital Estate—Fraud on the Community—Family Code § 7.009

105.[Name] improperly [dissipated/depleted] community property assets valued at approximately $[amount] without [name]’s knowledge or consent.

106.[Name] misused community property assets valued at approximately $[amount] without [name]’s knowledge or consent.

107.[Name] wasted community property assets valued at approximately $[amount] without [name]’s knowledge or consent.

108.[Name] wrongfully conveyed community property valued at approximately $[amount] to [a third party/an entity] without [name]’s knowledge or consent.

109.[Name] knowingly made a material representation to [name] that was false and/or made it recklessly without any knowledge of its truth, with the intent that [name] should rely on it, and [name] relied on it to the detriment of the community estate in the approximate amount of $[amount].

110.The value of the reconstituted community estate is $[amount].

Division of the Marital Estate—Factors Considered in Just and Right Division

111.The Court took into consideration the following factors in making a determination of a just and right division: [list factors].

Findings of Fact—Modification of Conservatorship or Periods of Possession—Family Code § 156.101

112.The modification of conservatorship [is/is not] in the best interest of the child[ren].

113.The circumstances of [[name of party]/[name of child]] [have/have not] materially and substantially changed since [date that is earlier of rendition of order or signing of mediated settlement agreement or collaborative law agreement on which order is based].

113.[Name of child], who is at least twelve years of age, [has/has not] expressed to the Court in chambers the name of the person who is the child’s preference to have the exclusive right to designate the primary residence of the child.

113.[Name], the conservator who has the exclusive right to designate the primary resi­dence of the child[ren], [has/has not] voluntarily relinquished the primary care and possession of the child[ren] to [name] for at least six months.

Findings of Fact—Modification of Child Support—Family Code § 156.401

114.The circumstances of [[name of party]/[name of child]] [have/have not] materially and substantially changed since [date that is earlier of rendition of order or signing of mediated settlement agreement or collaborative law agreement on which order is based].

114.It [has/has not] been three years since the date the order was rendered or last mod­ified.

115.The monthly amount of the child support under the order [differs/does not differ] by 20 percent or $100 from the amount that would be awarded in accordance with the child support guidelines.

Findings of Fact—Accelerated Child Support—Family Code § 154.015

116.[Name of deceased obligor] was the obligor in a child support order signed on [date].

117.Under the [date] child support order, [name of deceased obligor] was ordered to pay periodic monthly child support to [name of obligee] in the amount of $[amount] per month. [Revise as necessary to reflect step-down provisions for multiple children.]

118.[Name of deceased obligor] was the obligor on a medical support order signed on [date].

119.Under the [date] medical support order, [name of deceased obligor] was ordered to pay health [include if applicable: and dental] insurance premiums for the benefit of the child[ren] in the amount of $[amount] per month. [Include additional findings if policy covers children other than those the subject of the suit. See Tex. Fam. Code § 154.182(b–1), (d).]

120.[Name of deceased obligor] died on [date].

121.[Name of child] will be eighteen years of age on [date].

122.The amount of periodic monthly child support subject to acceleration is $[amount of monthly child support multiplied by number of months from date of obligor’s death until child becomes eighteen]. [Revise as necessary to reflect step-down provisions for multiple children.]

123.The amount of health [include if applicable: and dental] insurance premiums for the benefit of the child[ren] subject to acceleration is $[amount of monthly health insurance premiums multiplied by number of months from date of obligor’s death until youngest child becomes eighteen]. [Revise as necessary if policy covers children other than those the subject of the suit.]

124.A discount rate of [percent] percent should be used to determine present value of child support and medical support.

125.The child[ren] [is/are] entitled to receive the following benefits as a result of the obligor’s death: [list each benefit and amount of benefit].

126.The following financial resources are available for the support of the child[ren]: [list nature of each financial resource and amount of resource available].

127.Obligee is due a judgment for accelerated periodic monthly child support in the amount of $[[amount of periodic monthly child support subject to acceleration minus [benefits received by child[ren] as result of obligor’s death plus financial resources available for support of child[ren]]] multiplied by discount rate].

128.Obligee is due a judgment for accelerated health [include if applicable: and dental] insurance premiums in the amount of $[amount of premiums subject to acceleration multiplied by discount rate].

Findings of Fact—Bill of Review

129.Petitioner failed to allege sworn facts [and/or] to establish facts sufficient to con­stitute a meritorious defense to the original judgment.

129.Petitioner established facts sufficient to constitute a meritorious defense to the original judgment.

130.Petitioner failed to establish that the prior judgment was rendered as the result of fraud, accident, or mistake of the opposite party.

130.Petitioner established that the prior judgment was rendered as the result of fraud, accident, or mistake of the opposite party.

131.Petitioner failed to establish that the fraud, accident, or mistake was unmixed with any fault or negligence of [his/her] own.

131.Petitioner established that the fraud, accident, or mistake was unmixed with any fault or negligence of [his/her] own.

Findings of Fact as Conclusions of Law

132.Any finding of fact that is a conclusion of law shall be deemed a conclusion of law.

Conclusions of Law—Divorce

1.The Original Petition for Divorce filed by [name] and the counterclaim for divorce filed by [name] are in due form and contain all the allegations required by law.

2.This Court has jurisdiction of the parties [include if applicable: , of the child[ren],] and of the subject matter of this case.

3.All legal prerequisites to granting a divorce have been met.

4.The divorce is granted on the ground of insupportability.

4.The divorce is granted in favor of [name] on the ground of [cruelty/adultery].

Conclusions of Law—Conservatorship

5.[Name] and [name] should be named joint managing conservators of the child[ren] with the rights and duties stated in the judgment, and [name] should be named as the conser­vator with the right to designate the child[ren]’s primary residence.

5.[Name of managing conservator] should be named sole managing conservator of [name[s] of child[ren]], and [name of possessory conservator] should be named possessory conservator of [name[s] of child[ren]].

Conclusions of Law—Possession/Supervised Possession

6.[Name of possessory conservator] is entitled to periods of possession with [name[s] of child[ren]] pursuant to the Standard Possession Order.

6.[Name of possessory conservator] is not entitled to access to [name[s] of child[ren]].

6.[Name of possessory conservator] is entitled to supervised periods of possession with [name[s] of child[ren]] under the terms and conditions set forth in the order.

6.Deviation from the standard possession order is in the best interest of the child[ren].

7.Alternative beginning and/or ending times for possession [are/are not] in the best interest of the child[ren].

Conclusions of Law—Fit-Parent Presumption

8.[Name of parent] [is/is not] a fit parent.

9.[Name of parent] [is/is not] entitled to application of the fit-parent presumption.

Conclusions of Law—Grandparent Possession of or Access to Grandchild

10.[Name of grandparent requesting access] is entitled to access to [name[s] of child[ren]].

Conclusions of Law—Child Support

11.[Name of obligor] should pay child support in the amount of $[amount] per month.

Conclusions of Law—Health Insurance Coverage

12.[[Name of obligor]/[name of obligee]] should provide, as additional child support, health insurance coverage for the child[ren] through [[name of obligor]/[name of obligee]]’s [employment/membership in a union, trade association, or other organization/[other source]].

12.[Name of obligor] should pay [name of obligee], as additional child support, the amount of $[amount] per month as cash medical support, which amount does not exceed a reasonable cost to [name of obligor].

13.[Name of obligor] should pay [name of obligee], as additional child support, the amount of $[amount—actual cost of health insurance for the child(ren)] per month, which amount does not exceed a reasonable cost to [name of obligor].

Conclusions of Law—Dental Insurance Coverage

14.[[Name of obligor]/[name of obligee]] should provide, as additional child support, dental insurance coverage for the child[ren] through [[name of obligor]/[name of obligee]]’s [employment/membership in a union, trade association, or other organization/[other source]].

15.[Name of obligor] should pay [name of obligee], as additional child support, the amount of $[amount—actual cost of dental insurance for the child(ren)] per month, which amount does not exceed a reasonable cost to [name of obligor].

Conclusions of Law—Retroactive Child Support

16.Retroactive child support exceeding the total amount of support that would have been due for the four years preceding [date petition seeking support was filed] [is/is not] rea­sonable and [is/is not] in the best interest of the child[ren].

Conclusions of Law—Spousal Maintenance

17.[Name of obligor] should pay spousal maintenance in the amount of $[amount] per month.

Conclusions of Law—Division of Marital Estate—Property Agreements

18.The premarital agreement executed by Petitioner and Respondent on [date] [is/is not] a valid and enforceable agreement.

19.The marital property agreement executed by Petitioner and Respondent on [date] [is/is not] a valid and enforceable agreement.

20.The agreement to convert separate property to community property executed by Petitioner and Respondent on [date] [is/is not] a valid and enforceable agreement.

21.All the property belongs to the community estate except the following, which belongs to the parties’ separate estates:

Petitioner’s separate estate: [list property].

Respondent’s separate estate: [list property].

22.The division of the property of Petitioner and Respondent effected by the final judgment is just and right, having due regard for the rights of each party [include if applicable: and the child[ren] of the marriage], irrespective of the characterization of any item of property as either community or separate.

Conclusions of Law—Division of Marital Estate—Reimbursement

23.The [community estate/separate estate of [name]] has the following claims for reimbursement against the [community estate/separate estate of [name]]: [list].

24.As part of a just and right division of the assets and liabilities of the marriage, [name] is awarded a claim for reimbursement in the amount of $[amount].

Conclusions of Law—Fraud on the Community

25.As spouses, [name] and [name] had a fiduciary relationship during their marriage.

26.[Name] committed constructive fraud against the community estate.

27.[Name] committed actual fraud against the community estate.

Conclusions of Law—Modification of Conservatorship

28.The modification of conservatorship [is/is not] in the best interest of the child[ren].

Conclusions of Law—Modification of Possession/Supervised Possession

29.The modification of possession [is/is not] in the best interest of the child[ren].

Conclusions of Law—Accelerated Child Support

30.[Name of deceased obligor]’s child support obligation [has/has not] been satisfied.

31.[Name of obligee] is entitled to a judgment for accelerated child support in the amount of $[amount].

32.[Name of deceased obligor]’s obligation to pay health [include if applicable: and dental] insurance premiums [has/has not] been satisfied.

33.[Name of obligee] is entitled to a judgment for accelerated health [include if appli­cable: and dental] insurance premiums in the amount of $[amount].

Conclusions of Law—Bill of Review

34.Petitioner failed to overcome the procedural and substantive impediments neces­sary for [him/her] to prevail on a bill of review.

34.Petitioner overcame the procedural and substantive impediments necessary for [him/her] to prevail on a bill of review.

SIGNED on ________________________________.

   
JUDGE PRESIDING