Form 33-22

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Judgment for Child Support Arrearage

On [date] the Court heard Movant’s Motion to Confirm Child Support Arrearage.

Appearances

Proceedings

All matters of law and of fact were submitted to the Court, and the Court heard the evi­dence and considered the pleadings and argument of counsel.

Jurisdiction

The Court finds that it has jurisdiction over the subject matter and the parties in this case. All persons entitled to citation were properly cited.

Record

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

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

Findings

The Court finds that on [date] Respondent was ordered to make periodic payments of [include all applicable: child support/medical support/dental support] in an order [include if applicable: in Cause No. [number], styled “[style of case],” in the [designation] Court of [county] County] that appears in the minutes of [this/the] Court [and states in relevant part as follows: [quote exact language of child support order]/, the relevant portion[s] of which [is/are] attached as Exhibit [exhibit number/letter]]. In that order Respondent was ordered to pay [include all applicable: the sum of $[amount] per [period] beginning [date] for child support/the sum of $[amount] per [period] beginning [date] for medical support/the sum of $[amount] per [period] beginning [date] for dental support].

The Court further finds that Respondent has failed to make payments as ordered. [Include if applicable: The Court finds and confirms that the balance owed by Respondent on previously confirmed child support arrearages is $[amount], plus $[amount] in accrued inter­est on that amount.] The Court further finds and confirms that Respondent is in arrears in the amount of $[amount] for the period [date] through [date] and that interest has accrued [include if applicable: on those previously unconfirmed arrearages] in the amount of $[amount]. Judgment should be awarded against Respondent in the total amount of $[amount] for the arrearages and interest.

The Court further finds that attorney’s fees and costs of $[amount] should be assessed against Respondent.

The Court further finds that, at the time the motion requesting withholding from earn­ings for child support was filed, Respondent had been in arrears for an amount due for more than thirty days and the amount of the arrearages was an amount equal to or greater than that due for a one-month period.

The Court further finds that all [include all applicable: arrearages/current child support/current medical support/current dental support/attorney’s fees/costs] amounts should be with­held from Respondent’s earnings.

Relief Granted

Judgment

IT IS ORDERED that [name] is granted a cumulative judgment for child support arrearages, including accrued interest, against Respondent of [number] dollars ($[amount]), such judgment bearing interest at 6 percent simple interest per year from the date this order is signed, for which let execution issue. [Include if applicable: This judgment is cumulative and includes the unpaid balance owed under the prior order[s] of [the/this] Court [include if appli­cable: in Cause No. [number], styled “[style of case],” in the [designation] Court of [county] County, dated [date]].]

Order for Withholding and Credit for Amounts Withheld

IT IS ORDERED that [include all applicable: all arrearages enumerated above/all cur­rent child support amounts/all current medical support amounts/all current dental support amounts] shall be payable through a withholding from earnings for child support.

IT IS ORDERED that all attorney’s fees and costs awarded in this order shall be pay­able through a withholding from earnings for costs and fees.

IT IS FURTHER ORDERED that the withholding from earnings for [include all appli­cable: child support/medical support/dental support/costs and fees] shall be binding on Respondent’s present employer and all subsequent employers.

On this date the Court authorized the issuance of an Income Withholding for Support [see form 9-3] [include if applicable: and an Order to Withhold Income for Costs and Fees [see form 33-23]]. The amounts to be withheld from Respondent’s disposable earnings are stated in that Income Withholding for Support [include if applicable: and that Order to Withhold Income for Costs and Fees], which [is/are] wholly incorporated by reference into this order.

Any employer of Respondent is ORDERED to begin withholding no later than the first pay period following the date on which the Income Withholding for Support [include if appli­cable: and the Order to Withhold Income for Costs and Fees] [is/are] served on the employer. The employer is ORDERED to continue to withhold income as long as Respondent remains in employment and child support [include if applicable: and attorney’s fees and costs] [is/are] due and payable.

IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of Respondent by the employer and paid in accordance with the order shall constitute a credit against the [include all applicable: child support obligation/medical support obligation/dental support obligation/attorney’s fees/costs]. Payment of the full amount of [include all applica­ble: child support obligation/medical support obligation/dental support obligation/attorney’s fees/costs] ordered paid by any prior court order and by this order through this withholding from earnings shall discharge the [include all applicable: child support obligation/medical sup­port obligation/dental support obligation/attorney’s fees/costs]. If the amount withheld from earnings and credited against any of the obligations is less than 100 percent of the amount ordered to be paid by that prior court order and by this order, the balance due remains an obli­gation of Respondent, and it is ORDERED that Respondent pay the balance due directly to the state disbursement unit specified below.

Order for Payment for Obligor Not Subject to Income Withholding

IT IS ORDERED that Respondent, [name of respondent], pay [number] dollars ($[amount]), by cash, cashier’s check, or money order, to [name], through the state disburse­ment unit specified below, on [day] of each [month/week], beginning [date] and continuing in the same amount and frequency on every [specify] thereafter, until Respondent has paid the full child support arrearage, including any accrued interest, of [number] dollars ($[amount]).

Payment of Child Support and Child Support Arrearages

IT IS ORDERED that all payments of [include all applicable: child support/medical support/dental support] 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] 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 parent paying]’s name as the name of the noncustodial parent (NCP), and [name of party receiving]’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.

Change of Employment

IT IS ORDERED that Respondent and the employer shall notify this Court and Movant 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 Respondent and the name and address of [his/her] current employer, whenever that information becomes available.

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 officer, [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 [include if applicable: and the Order to Withhold Income for Costs and Fees] to be delivered to any employer.

Qualified Domestic Relations Order

IT IS FURTHER ORDERED that all [include all applicable: arrearages to which Peti­tioner is now entitled/current child support/current medical support/current dental support/ attorney’s fees/costs/interest] shall be payable in accordance with a Qualified Domestic Rela­tions Order signed by the Court on or after the date this order is signed. IT IS FURTHER ORDERED that the amount awarded herein shall be adjusted upward to account for the 20 percent that will be automatically withheld by the retirement plan for taxes that are the respon­sibility of Respondent, and the Qualified Domestic Relations Order for [exact name of plan] shall reflect this adjusted value. [Include if applicable: IT IS FURTHER ORDERED that Respondent shall be responsible for any fees charged by the plan administrator for review of the Qualified Domestic Relations Order.]

Attorney’s Fees

IT IS ORDERED that judgment is awarded to [name of attorney] in the amount of [number] dollars ($[amount]) for reasonable attorney’s fees, expenses, and costs, with interest at [percent] percent per year compounded annually from the date the judgment is signed until paid. [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. The attorney’s fees and costs awarded herein may be enforced by any means available for the enforcement of child support, including contempt.

The judgment, for which let execution issue, is awarded against [name of respondent], Respondent, and Respondent is ORDERED to pay those fees, expenses, costs, and interest [include as applicable: by cash, cashier’s check, or money order, directly to [name of attorney] at [address] on or before [time] on [date]/in accordance with the Order for Withholding for costs and fees as ordered herein/in accordance with a Qualified Domestic Relations Order signed by the Court on or after the date this order is signed].

Any amounts paid under the order[s] above shall be credited against this judgment.

Costs

IT IS ORDERED that costs of court of [number] dollars ($[amount]) are taxed against Respondent, and [name of respondent], Respondent, is ORDERED to pay those costs, by cash, cashier’s check, or money order, to [name], [the District Clerk of [county] County, Texas/Movant/Movant’s attorney], at [address] on or before [time] on [date].

Relief Not Granted

All relief requested and not expressly granted is denied.

SIGNED on ________________________________.

   
JUDGE PRESIDING