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 Forfeiture of Security for Failure to Comply with Order
This Motion for Forfeiture of Security for Failure to Comply with 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.]
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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]].
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]/[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]/, 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.
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]/, the relevant portion[s] of which [is/are] attached as Exhibit [exhibit number/letter]]. Respondent was ordered to [execute a bond/post security]. Such [bond/security] was paid through the registry of the Court on [date].
7.Respondent has failed to pay child support as ordered. Respondent owes child support and interest as follows:
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a. |
Support accrued under all prior court orders |
$ ____________ |
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b. |
Support paid under all prior court orders |
$ ____________ |
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c. |
Aggregate support arrearages under all prior court orders as of [date] ((a.) – (b.)) |
$ ____________ |
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d. |
Accrued interest on arrearage as of [date] |
$ ____________ |
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e. |
Total arrearage as of [date] ((c.) + (d.)) |
$ ____________ |
8.Movant requests that the Court order that the [bond/security] of Respondent be forfeited and further order the registry of the Court to pay from the forfeited [bond/security] to Movant $[amount of arrearage] and additionally to pay the amount of any attorney’s fees and costs awarded to Movant.
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 Forfeiture of Security for Failure to Comply with Order, for attorney’s fees, expenses, costs, and interest, and for general relief.
[Name]
Attorney for Movant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
Notice of Hearing
The above motion is set for hearing on __________________ at ____________ __.m. in [designation and location of court].
SIGNED on ________________________________.
Judge or Clerk
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If applicable, attach a copy of the child support payment record. |
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If applicable, attach the exhibit(s) containing a copy (or copies) of the relevant portion(s) of the order(s). |