Form 33-3

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Motion for Enforcement of Child Support Order and Order to Appear

This Motion for Enforcement 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.]

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]].

Respondent was ordered under chapter 105 of the Texas Family Code to provide the clerk of the Court with a current mailing address. Respondent will be notified of this motion by the mailing of a copy of this motion and a notice of hearing by first-class mail to the address designated by Respondent on file with the clerk of the Court.

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 exact language of support order 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, the relevant portion[s] of which [is/are] attached as Exhibit [exhibit number/letter].

Movant was the [petitioner/respondent] and Respondent was the [respondent/peti­tioner] in the prior proceedings.

7.Respondent has violated the order described above as follows:

[Name of respondent], Respondent, is in contempt of court for failing to pay to Movant the full amount of child support due on each of the payment dates shown below.

A copy of the record of child support payments maintained by the state disbursement unit is attached to this motion.

[Name of respondent], Respondent, is in contempt of court for failing to pay to Movant the attorney’s fees and court costs as ordered. [State the particular dates and amounts not paid.]

8.Movant requests that for each violation alleged above, Respondent be held in con­tempt, jailed for up to 180 days, and fined up to $500, and that each period of confinement run and be satisfied [concurrently/consecutively].

9.Movant requests that after Respondent serves [his/her] sentence for criminal con­tempt, Respondent be confined in the county jail until Respondent complies with the order of the Court.

10.Respondent’s total arrearage at the time of filing is $[amount] [include if applica­ble: , including $[amount] owed on previously confirmed arrearages and $[amount] in unpaid child support not previously confirmed]. Movant requests confirmation of all arrearages and rendition of judgment plus interest on arrearages, attorney’s fees, and costs. Movant requests the Court to order income withheld for the arrearages, attorney’s fees, costs, and interest.

11.Movant requests that Respondent be placed on community supervision for ten years on release from jail or suspension of commitment.

12.Respondent has been in arrears for thirty days or more for some portion of the amount due and is in arrears for an amount equal to at least one month’s support. Movant requests the Court to order income withheld for current child support or order a bond or secu­rity.

13.Movant requests that, if the Court finds that any part of the order sought to be enforced is not specific enough to be enforced by contempt, the Court enter a clarifying order more clearly specifying the duties imposed on Respondent and giving Respondent a reason­able time within which to comply.

14.Respondent has in Respondent’s possession, custody, or control documents that will demonstrate the nature and extent of Respondent’s ability to have paid child support, and Respondent should be ordered to produce at the offices of [name and address of attorney] on or before [time] on the fiftieth day following the date of service of this motion, to be inspected, sampled, photographed, tested, or copied, the originals or true copies of the follow­ing documents in Respondent’s possession, custody, or control:

a.Respondent’s [year] federal income tax return;

b.all payroll stubs, vouchers, commission checks, and records of commissions and all written records or evidence of income received by Respondent from any source for the period beginning [date] through the date of production; and

c.all documentation of child support payments made outside the court order, if any.

15.It was necessary to secure the services of [name of attorney], a licensed attorney, to enforce and protect the rights of [name] 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 Respondent be held in contempt and punished as requested, that a judgment be granted for arrearage plus interest on arrearages, that the Court order community supervision, that the Court order income withheld for child support, child support arrearages, attorney’s fees, and costs or order a bond or security, that the Court clarify any part of its prior order found not specific enough to be enforced by contempt, for attorney’s fees, expenses, costs, and interest, and for all further relief authorized by law.

   
[Name]
Attorney for Movant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]

Order to Appear

Respondent, [name of respondent], is ORDERED to appear and respond to this Motion for Enforcement of Child Support Order in [designation and location of court] on ________________________ at ____________ __.m. The purpose of this hearing is to deter­mine whether the relief requested in this motion should be granted.

The Court ORDERS Respondent, [name of respondent], to comply with the request for production contained in paragraph [specify] of the Motion for Enforcement of Child Support Order by producing at the offices of [name and address of attorney] on or before [time] on the fiftieth day following the date of service of this motion, to be inspected, sampled, photo­graphed, tested, or copied, the originals or true copies of the following documents in Respon­dent’s possession, custody, or control:

1.Respondent’s [year] federal income tax return;

2.all payroll stubs, vouchers, commission checks, and records of commissions and all written records or evidence of income received by Respondent from any source for the period beginning [date] through the date of production; and

3.all documentation of child support payments made outside the court order, if any.

SIGNED on ________________________________.

   
JUDGE PRESIDING