Form 33-51

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Petition for Suspension of License for Failure to [Pay Child Support/Comply with Subpoena]

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

3.This Petition for Suspension of License for Failure to [Pay Child Support/Comply with Subpoena] is brought by [name of petitioner]. Petitioner is the obligee. [The last three numbers of Petitioner’s driver’s license number are [numbers]./Petitioner has not been issued a driver’s license.] [The last three numbers of Petitioner’s Social Security number are [num­bers]./Petitioner has not been issued a Social Security number.]

[Name of respondent], Respondent, whose Social Security number is [number], is the obligor. Respondent should be served [include if applicable: at [address, city, state, zip code]].

4.The child[ren] the subject of this suit [is/are]:

Name:

Sex:

Birth date:

5.This court has continuing, exclusive jurisdiction of the parties as a result of prior proceedings.

6.Respondent, [name of respondent], is believed to hold a license issued by [name of licensing agency].

7.On [date] in Cause No. [number], styled “[style of case],” the Court signed an order that appears in the minutes of this Court and states in relevant part as follows: [quote exact language of support order]. A copy of the court order is attached to this petition as Exhibit [exhibit number/letter]. Respondent has disobeyed the order by failing to pay the total amount of child support when due. The total amount of overdue child support owed by Respondent, [name of respondent], to date is $[amount]. A copy of the record of child support payments maintained by [name of child support agency] is attached to this petition. This over­due child support amount is equal to or greater than the total support due for three months under the support order. Respondent has been provided with an opportunity to make payments toward the overdue child support under a court-ordered or agreed repayment schedule, and Respondent has failed to comply with the repayment schedule.

7.On [date] in Cause No. [number], styled “[style of case],” a proceeding involving [child support/determination of parentage], the Court issued a subpoena directing Respondent to [specify requirements of subpoena]. Respondent received appropriate notice of the sub­poena by [specify details of notice]. Respondent has failed to comply with the subpoena. A copy of the subpoena and a copy of proof of service are attached to this petition as Exhibits [exhibit numbers/letters].

8.The suspension of [name of respondent]’s license[s] is required under section 232.003 of the Texas Family Code.

9.It was necessary to secure the services of [name of attorney], a licensed attorney, to enforce and protect the rights of [name of petitioner] 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. Petitioner requests postjudgment interest as allowed by law.

Petitioner prays that citation and notice issue as required by law.

Petitioner prays that the Court enter an order suspending every license specified herein, prohibiting Respondent from engaging in the licensed [activity/activities], for attorney’s fees and other costs, and for general relief.

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