Form 33-32

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Order Enforcing Withholding from Earnings

On [date] the Court considered the Motion to Enforce Withholding from Earnings filed by [name of movant], Movant.

Appearances

Movant, [name of movant], [Obligor/Obligee/[other capacity]],

appeared in person and through attorney of record, [name], and announced ready for trial.

appeared through attorney of record, [name], and announced ready for trial.

appeared in person and announced ready for trial.

Obligee, [name],

appeared in person and through attorney of record, [name], and announced ready for trial.

appeared through attorney of record, [name], and announced ready for trial.

appeared in person and announced ready for trial.

failed to appear, although duly notified.

Obligor, [name],

appeared in person and through attorney of record, [name], and announced ready for trial.

appeared through attorney of record, [name], and announced ready for trial.

appeared in person and announced ready for trial.

failed to appear, although duly notified.

Respondent, [name of employer], “Employer,”

appeared in person and through attorney of record, [name], and announced ready for trial.

appeared through attorney of record, [name], and announced ready for trial.

appeared in person and announced ready for trial.

entered a general appearance and agreed to the entry of these orders as evidenced by the sig­nature below.

failed to appear and wholly made default, although duly and properly cited and notified.

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 [name], Employer, is or at all relevant times was an employer of [name], Obligor, and should have begun withholding income from Obligor’s disposable earn­ings on [date].

The Court finds that Employer should have continued to withhold income from Obli­gor’s disposable earnings [state frequency, e.g., weekly] thereafter of $[amount], which includes $[amount] in [current child support payments/attorney’s fees and costs] and $[amount] toward arrearages [or adapt if failure to remit payments or to provide health insur­ance is alleged].

The Court finds that Employer has failed to pay amounts ordered to be withheld for [number] pay periods since service of the [order/writ]. The total amount not paid in compli­ance with the [order/writ], including sums [not withheld from Obligor’s wages,/withheld from Obligor’s wages but not remitted,/not withheld from Obligor’s wages and sums withheld but not remitted,] [include if applicable: including an amount equal to the amount of accrued inter­est on the amount withheld and not paid,] as of the date of this hearing is $[amount].

The Court finds that Employer has knowingly violated the provisions of chapter 158 of the Texas Family Code by failing to [withhold money from Obligor’s earnings/timely remit withheld income] for [number] pay periods from the date on which withholding should have begun to the date of this trial, that each such failure to [withhold/remit] constitutes a separate violation of the statute subject to a separate fine of $200, and that a fine in the total sum of $[amount] for those violations should be assessed and paid to Obligee, [name], and credited against Obligor’s arrearage.

The Court finds that Employer’s order issued in this case should be clarified by desig­nating [name] as the person responsible to this Court for implementing income withholding from the wages of [name of obligor] and that [name] should be ordered to implement that withholding not later than [date], which the Court specifically finds is a reasonable time for compliance, after which these orders may be enforced by contempt.

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

Relief Granted

IT IS ORDERED that [name] is granted judgment against [employer’s name] of [num­ber] dollars ($[amount]), such judgment bearing interest at [percent] percent per year com­pounded annually from the date this order is signed, for which let execution issue.

IT IS ORDERED that Employer pay to the registry of this Court fines in the total sum of [number] dollars ($[amount]) on or before [date].

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. The judgment, for which let execution issue, is awarded against Employer, and Employer is ORDERED to pay those fees, expenses, costs, and interest, by cash, cashier’s check, or money order, directly to [name of attorney] at [address] on or before [time] on [date]. [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.

IT IS ORDERED that Employer pay [number] dollars ($[amount]), taxed as costs, to [the District Clerk of [county] County, Texas,/Movant/Movant’s attorney] at [address] by [time] on [date].

IT IS ORDERED that [name] shall implement income withholding from the wages of [obligor’s name] not later than [date], which the Court specifically finds is a reasonable time for compliance, after which these orders may be enforced by contempt.

Relief Not Granted

All relief requested and not expressly granted is denied.

SIGNED on ________________________________.

   
JUDGE PRESIDING

APPROVED:

   
[Employer/Respondent]