Form 33-24

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Motion for Security for Payment of Child Support

This Motion for Security for Payment of Child Support 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.

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 [is/are]:

Name:

Sex:

Birth date:

4.This Court has continuing, exclusive jurisdiction of this case as a result of prior proceedings.

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].

Process should be served [include if applicable: at [address, city, state, zip code]].

No service is necessary at this time.

b.[Name], who is [the person entitled to receive payments on behalf of the child[ren]/[specify other interest in the litigation]] in the order sought to be enforced.

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].

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].

Respondent was ordered to pay regular child support of $[amount] per [period], begin­ning [date] and [frequency] thereafter. That amount and frequency of obligation remain unchanged to the date of this motion.

In the order described above, [name] was ordered to make all payments through [name and location of child support registry or place where payments are to be made]. [Include if applicable: A copy of the record of child support payments maintained by that registry is attached to this motion.]

7.Respondent is employed by [name of employer], who is not subject to the jurisdic­tion of the Court, in that [state reasons].

7.Respondent is a person for whom income withholding is unworkable or inappro­priate, in that [state relevant circumstances].

Movant requests that the Court order Respondent to execute a bond, subject to the Court’s approval, or to deposit security with the Court of $[amount], payable to [name], con­ditioned on Respondent’s payment of past-due and future child support payments, including any accrued interest.

8.It was necessary to secure the services of [name of attorney], a licensed attorney, to enforce and protect the rights of 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 this Motion for Security for Payment of Child Sup­port, for attorney’s fees, expenses, costs, and interest, and for general relief.

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