Form 33-5

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Answer to Motion for Enforcement of Child Support Order

This Answer to Motion for Enforcement of Child Support Order is filed by [name of respondent], Respondent. [The last three numbers of Respondent’s driver’s license number are [numbers]./Respondent has not been issued a driver’s license.] [The last three numbers of Respondent’s Social Security number are [numbers]./Respondent has not been issued a Social Security number.]

1.Respondent objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial.

2.Respondent denies the allegations of the Motion for Enforcement of Child Support Order.

3.The order sought to be enforced by Movant is incapable of enforcement, in that it is ambiguous and is not clear and specific enough in its terms that Respondent knows what duties or obligations are required.

4.Respondent has had insufficient notice of the hearing set on Movant’s Motion for Enforcement of Child Support Order and has had insufficient time to prepare to respond to the motion. In the interest of justice, hearing on Movant’s motion should be delayed and reset.

5.The Court does not have jurisdiction to render judgment for past-due child sup­port. Movant’s Motion for Enforcement of Child Support Order was filed later than the tenth anniversary after the date the child support obligation terminated.

6.Respondent lacked the ability to provide support in the amount ordered; lacked property that could be sold, mortgaged, or otherwise pledged to raise the funds needed; attempted unsuccessfully to borrow the needed funds; and knew of no source from which the money could have been borrowed or otherwise legally obtained.

7.Respondent presently lacks the ability to provide support in the amount ordered; lacks property that can be sold, mortgaged, or otherwise pledged to raise the funds needed; has tried unsuccessfully to borrow the needed funds; and knows of no source from which the money can be borrowed or otherwise legally obtained.

8.[Movant/[name]] voluntarily relinquished the actual possession and control of the child[ren] for time periods in excess of court-ordered periods of possession of and access to the child[ren], and Respondent supplied actual support during those periods in excess of court-ordered periods. Respondent is entitled to an offset for actual support provided during periods of possession in excess of court-ordered periods of possession.

9.Contrary to the allegations of the Motion for Enforcement of Child Support Order,

the following amount[s] [was/were] paid by Respondent to [Movant/[name]]: [specify exact amount[s] and date[s] of payment].

[specifically describe other acts of compliance with order].

10.Contrary to the allegations of the Motion for Enforcement of Child Support Order, there is no arrearage of child support; or, if an arrearage is found to exist, it has not existed for a period of at least thirty days for some portion of the amount due or is not for an amount equal to or greater than that due for a one-month period; or the order for child support is not final.

11.Respondent is involuntarily unemployed or disabled and lacks the financial resources to pay Movant’s attorney’s fees and costs.

Respondent prays that the Court deny Movant’s Motion for Enforcement of Child Sup­port Order and that Respondent recover all attorney’s fees, costs, and expenses incurred.

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

Certificate of Service

I certify that a true copy of this [document/[title of document]] was served in accor­dance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:

[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]

   
[Name]
Attorney for Respondent