Form 41-21

This petition to modify spousal maintenance must be filed under the same docket number in the court that originally rendered the order.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Petition to Modify Spousal Maintenance

1.Discovery
TRCP 190.1

1.Discovery

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.Objection to Assignment of Case to Associate Judge
§ 201.005

2.Objection to Assignment of Case to Associate Judge

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.Parties and Order
TCPRC § 30.014

3.Parties and Order to Be Modified

This suit to modify a prior order is brought by [name of petitioner], Peti­tioner. [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.] Petitioner is the [specify] of the child[ren] and has standing to bring this suit. The requested modification will be in the best interest of the child[ren]. Petitioner is a party affected by the order, or the portion of the decree, to be modified.

Respondent is [name of respondent].

The order to be modified is entitled [title of order] and was rendered on [date].

4.Jurisdiction

4.Jurisdiction

This Court originally rendered the order sought to be modified.

5.Service

5.Service

5.A.Personal

Process should be served on Respondent [include if applicable: at [address, city, state, zip code]].

5.B.Waiver

No service on Respondent is necessary at this time.

5.C.Substituted

Citation of Respondent by publication or other substituted service is necessary for the reasons stated in the affidavit attached as Exhibit [exhibit number/letter].

6.Protective Order Statement
§ 6.405

6.Protective Order Statement

6.A.No Order or Pending Application

No protective order under title 4 of the Texas Family Code, protective order under subchapter A of chapter 7B of the Texas Code of Criminal Proce­dure, or order for emergency protection under article 17.292 of the Texas Code of Criminal Procedure is in effect in regard to a party to this suit or a child of a party to this suit, and no application for any such order is pending.

6.B.Order Issued

[Include as applicable: A protective order under title 4 of the Texas Fam­ily Code/A protective order under subchapter A, chapter 7B, of the Texas Code of Criminal Procedure/An order for emergency protection under article 17.292 of the Texas Code of Criminal Procedure] in regard to [a party/[a] child[ren] of a party/a party to this suit and [a] child[ren] of a party] to this suit was issued by the [designation] Court in Cause No. [number] and was entered on [date]. A copy of the order is [attached to this petition as Exhibit [exhibit number/letter]/not available at this time, but a copy of the order will be filed with the Court before any hearing]. [Repeat as applicable if more than one order is in effect.]

6.C.Application Pending

An application for [include as applicable: a protective order under title 4 of the Texas Family Code/a protective order under subchapter A, chapter 7B, of the Texas Code of Criminal Procedure/an order for emergency protection under article 17.292 of the Texas Code of Criminal Procedure] is pending with regard to [a party/[a] child[ren] of a party/a party to this suit and [a] child[ren] of a party] to this suit. The application for [protective order/order for emer­gency protection] was filed on [date] in the [designation] Court in Cause No. [number]. [Repeat as applicable if more than one application is pending.]

7.Modification of Amount of Maintenance
§ 8.057(a), (c)

7.Modification of Amount of Maintenance

The circumstances of [[name of obligor]/[name of obligee]/[name of dis­abled child]/[specify combination]] have materially and substantially changed since the date of the [decree/order] to be modified, and the amount of the main­tenance payments previously ordered should be [decreased/increased to an amount that does not exceed the amount of the original maintenance order]. Petitioner requests that any [decrease/increase] be made retroactive to the date this modification action was filed.

8.Modification of Duration of Maintenance
§ 8.057(c)

8.Modification of Duration of Maintenance

The circumstances of [[name of obligor]/[name of obligee]/[name of dis­abled child]/[specify combination]] have materially and substantially changed since the date of the [decree/order] to be modified, and the period during which maintenance payments were ordered to be made should be [decreased/increased for a period that does not exceed the duration of the original mainte­nance order].

9.Costs and Interest

9.Request for Costs and Interest

Respondent should be ordered to pay costs, and a judgment should be rendered against Respondent. Movant requests postjudgment interest as allowed by law.

10.Prayer

10.Prayer

•Required in All Petitions

Petitioner prays that citation and notice issue as required by law and that the Court enter its orders in accordance with the allegations contained in this petition. Petitioner prays for costs and interest as requested above.

Petitioner prays for general relief.

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