A motion for clarification may not be used to change the substantive provisions of the underlying order, and any attempt to do so is unenforceable. Tex. Fam. Code § 157.423. If an order needs substantive changes, a suit to modify under Tex. Fam. Code ch. 156 should be filed.
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
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See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Motion for Clarification of Child Support Order
This Motion for Clarification of Child Support Order is brought by [name of movant], Movant, [relationship or capacity]. [The last three numbers of Movant’s driver’s license number are [numbers]./Movant has not been issued a driver’s license.] [The last three numbers of Movant’s Social Security number are [numbers]./Movant has not been issued a Social Security number.]
1.Discovery in this case is intended to be conducted under [level 2/level 3] of rule 190 of the Texas Rules of Civil Procedure. [If level 3, see form 5-1.]
Preservation of Evidence: Respondent is put on notice to preserve and not destroy, conceal, or alter any evidence or potential evidence relevant to the issues in this case, including tangible documents or items in Respondent’s possession or subject to Respondent’s control and electronic documents, files, or other data generated by or stored on Respondent’s home computer, work computer, storage media, portable systems, electronic devices, online repositories, or cell phone.
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Include 2. if applicable. |
2.Movant objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial.
3.The child[ren] the subject of this suit are:
Name:
Sex:
Birth date:
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Repeat above information for each additional child. |
4.This Court has continuing, exclusive jurisdiction of this case as a result of prior proceedings.
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Or |
4.A motion to transfer under chapter 155 of the Texas Family Code has been filed with the Court simultaneously with this motion.
5.The parties entitled to notice are as follows:
a.Respondent, [name of respondent], who is [relationship or capacity].
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Select one of the following. |
Process should be served [include if applicable: at [address, city, state, zip code]].
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Or |
No service is necessary at this time.
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Include the following if applicable. |
b.[Name], who is [the person entitled to receive payments on behalf of the child[ren]/the child support payor/[specify other interest in the litigation]] in the order sought to be enforced.
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Select method of service as above if applicable. |
6.On [date] [include if applicable: , in Cause No. [number], styled “[style of case],” in the [designation] Court of [county] County,] [this/the] Court signed an order that appears in the minutes of [this/the] Court and states in relevant part as follows: [quote portions of order or decree to be clarified].
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Or |
6.On [date] [include if applicable: , in Cause No. [number], styled “[style of case],” in the [designation] Court of [county] County,] [this/the] Court signed an order that appears in the minutes of [this/the] Court, the relevant portion[s] of which [is/are] attached as Exhibit [exhibit number/letter].
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Continue with the following. |
Movant was the [petitioner/respondent] and Respondent was the [respondent/petitioner] in the prior order.
7.Movant believes that the quoted portions of the order may not be specific enough to be enforceable by contempt and requests that, if the Court so finds, the Court construe and clarify the terms of [its/the] prior order to make specific [specify the items that need clarification].
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The following are examples: the amounts, location, and time of payment of child support. the method of payment of uninsured medical expenses. the conditions for reimbursement of insured expenses. |
8.Movant requests that the Court specify in its clarifying order the child support obligations imposed on Respondent and a reasonable time within which compliance will be required.
9.It was necessary to secure the services of [name of attorney], a licensed attorney, to protect the rights of Movant and the child[ren] the subject of this suit. Respondent should be ordered to pay reasonable attorney’s fees, expenses, and costs, and a judgment should be rendered in favor of the attorney and against Respondent and be ordered paid directly to the undersigned attorney, who may enforce the judgment in the attorney’s own name. Movant requests postjudgment interest as allowed by law.
Movant prays that the Court grant the Motion for Clarification of Child Support Order, for attorney’s fees, expenses, costs, and interest, and for all further relief authorized by law.
[Name]
Attorney for Movant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]
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If applicable, attach the exhibit containing a copy of the relevant portion(s) of the order. |
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For initial disclosures required by Tex. R. Civ. P. 194 (generally within thirty days after filing of the first answer or general appearance), see form 5-18. |