NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
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See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Order in Suit to Modify Spousal Maintenance
1.Date of Hearing
On [date] the Court heard this case.
2.Appearances
Appearances
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Include appropriate recitations concerning appearances. See form 21-15. |
3.Jurisdiction
Jurisdiction
The Court, after examining the record and the evidence and argument of counsel, finds that it has jurisdiction of this case and of all the parties. All persons entitled to citation were properly cited.
4.Jury
Jury
4.A.Waived
A jury was waived, and all questions of fact and of law were submitted to the Court.
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Or |
4.B.Selected
A jury was duly selected, questions of fact were submitted to the jury, and a verdict was returned and duly filed.
5.Record
Record
5.A.Waived
§ 105.003(c)
The making of a record of testimony was waived by the parties with the consent of the Court.
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Or |
5.B.Reporter
The record of testimony was duly reported by [[name, address]/the court reporter for the [designation] Court].
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Include 6. if applicable. |
Relief Denied
The Court finds that the petition to modify should be denied. IT IS ORDERED that all relief requested in the petition to modify is DENIED.
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If modification is granted, continue with the following as appropriate. If relief is denied, go to 9. |
7.Amount and Duration of Maintenance
Amount and Duration of Maintenance
[Name] is ordered to pay as maintenance the sum of [number] dollars ($[amount]) per month to [name], with the first payment being due on the [specify] day of [month, year], and a like amount being due on the [specify] day of [month, year], and a like amount being due on the [specify] and [specify] days of each consecutive month thereafter until the earliest of one of the following events occurs:
1.[date, based on Tex. Fam. Code § 8.054];
2.death of either Petitioner or Respondent;
3.remarriage of [name of receiving party]; or
4.further orders of the Court affecting the spousal maintenance obligation, including a finding of cohabitation by [name of receiving party].
8.Payment
8.A.No Order for Income Withholding and No Child Support Obligation
Payment shall be made by [name of party paying] directly to [name of party receiving] by cash, cashier’s check, or money order at the last known address provided to [name of party paying] by [name of party receiving].
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Or |
8.B.No Order for Income Withholding and Obligor Pays Support for Child[ren] of Marriage
IT IS ORDERED that all payments shall be made through the state disbursement unit at Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, Texas 78265-9791, and thereafter promptly remitted to [name of party receiving (obligee)] for distribution according to law. IT IS ORDERED that all payments shall be made payable to the Office of the Attorney General and include the ten-digit Office of the Attorney General case number (if available), the cause number of this suit, [name of party paying (obligor)]’s name as the name of the noncustodial parent (NCP), and [name of party receiving (obligee)]’s name as the name of the custodial parent (CP). Payment options are found on the Office of the Attorney General’s website at www
.texasattorneygeneral.gov/cs/payment-options-and-types.
IT IS ORDERED that each party shall pay, when due, all fees charged to that party by the state disbursement unit and any other agency statutorily authorized to charge a fee.
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Or |
8.C.Order for Income Withholding and No Child Support Obligation
IT IS ORDERED that any employer of [name of party paying] shall be ordered to withhold from the disposable earnings of [name of party paying] for spousal maintenance for [name of party receiving].
IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of [name of party paying] by the employer and paid in accordance with the order to that employer shall constitute a credit against the spousal maintenance obligation. Payment of the full amount of maintenance ordered paid by this decree through the means of withholding from earnings shall discharge the spousal maintenance obligation. If the amount withheld from earnings and credited against the spousal maintenance obligation is less than 100 percent of the amount ordered to be paid by this decree, the balance due remains an obligation of [name of party paying], and it is hereby ORDERED that [name of party paying] pay the balance due directly to [name of party receiving] by cash, cashier’s check, or money order at the last known address provided to [name of party paying] by [name of party receiving].
On this date the Court signed [an Order/a Writ] of Income Withholding for Spousal Maintenance. [See form 32-11.] IT IS ORDERED that all payments shall be promptly remitted to [name of party receiving].
IT IS FURTHER ORDERED that [name of party paying] shall notify this Court and [name of party receiving] by U.S. certified mail, return receipt requested, of any change of address and of any termination of employment. This notice shall be given no later than seven days after the change of address or the termination of employment. This notice or a subsequent notice shall also provide the current address of [name of party paying] and the name and address of [his/her] current employer, whenever that information becomes available.
IT IS ORDERED that, on the request of [name of party paying] or [name of party receiving], the clerk of this Court shall cause a certified copy of the [Order/Writ] of Income Withholding for Spousal Maintenance to be delivered to any employer. IT IS FURTHER ORDERED that the clerk of this Court shall attach a copy of subchapter E of chapter 8 of the Texas Family Code for the information of any employer.
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Or |
8.D.Order for Income Withholding and Obligor Pays Support for Child[ren] of Marriage
IT IS ORDERED that any employer of [name of party paying] shall be ordered to withhold from the disposable earnings of [name of party paying] for spousal maintenance for [name of party receiving].
IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of [name of party paying] by the employer and paid in accordance with the order to that employer shall constitute a credit against the spousal maintenance obligation. Payment of the full amount of spousal maintenance ordered paid by this decree through the means of withholding from earnings shall discharge the spousal maintenance obligation. If the amount withheld from earnings and credited against the spousal maintenance obligation is less than 100 percent of the amount ordered to be paid by this decree, the balance due remains an obligation of [name of party paying], and it is hereby ORDERED that [name of party paying] pay the balance due directly to the state disbursement unit as specified below.
On this date the Court signed [an Order/a Writ] of Income Withholding for Spousal Maintenance. [See form 9-3.]
IT IS ORDERED that all payments shall be made through the state disbursement unit at Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, Texas 78265-9791, and thereafter promptly remitted to [name of party receiving (obligee)] for distribution according to law. IT IS ORDERED that all payments shall be made payable to the Office of the Attorney General and include the ten-digit Office of the Attorney General case number (if available), the cause number of this suit, [name of party paying (obligor)]’s name as the name of the noncustodial parent (NCP), and [name of party receiving (obligee)]’s name as the name of the custodial parent (CP). Payment options are found on the Office of the Attorney General’s website at www
.texasattorneygeneral.gov/cs/payment-options-and-types.
IT IS ORDERED that each party shall pay, when due, all fees charged to that party by the state disbursement unit and any other agency statutorily authorized to charge a fee.
IT IS FURTHER ORDERED that [name of party paying] shall notify this Court, the Office of the Attorney General, and [name of party receiving] by U.S. certified mail, return receipt requested, of any change of address and of any termination of employment. This notice shall be given no later than seven days after the change of address or the termination of employment. This notice or a subsequent notice shall also provide the current address of [name of party paying] and the name and address of [his/her] current employer, whenever that information becomes available.
IT IS ORDERED that, on the request of [name of party paying] or [name of party receiving], the clerk of this Court shall cause a certified copy of the [Order/Writ] of Income Withholding for Spousal Maintenance to be delivered to any employer. IT IS FURTHER ORDERED that the clerk of this Court shall attach a copy of subchapter E of chapter 8 of the Texas Family Code for the information of any employer.
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Include 9. if applicable. |
Ad Litem Fees
IT IS ORDERED that [name of attorney] is awarded [number] dollars ($[amount]) as attorney’s fees for legal services rendered for [name of absent party], who received process by substituted service but did not otherwise appear. These fees are taxed as costs, and [name], [Petitioner/Respondent], is ORDERED to pay the fees to [name of attorney] by cash, cashier’s check, or money order on or before [date]. [Name of attorney] may enforce this order for fees in [his/her] own name.
10.Costs
TRCP 131
Costs
10.A.One Party Due—No Judgment
All costs of court in this case are adjudged against [name], for which let execution issue.
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Or |
10.B.One Party Due—Judgment
IT IS ORDERED that [Petitioner/Respondent], [name], is awarded a judgment of [number] dollars ($[amount]) against [Respondent/Petitioner], [name], for costs of court incurred in this case, with interest at [percent] percent per year compounded annually from the date the judgment is signed until paid, for which let execution issue.
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Or |
10.C.Party Incurring
IT IS ORDERED that costs of court are to be borne by the party who incurred them.
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Or |
10.D.Half to Each Party
IT IS ORDERED that all costs of court expended in this case are taxed one-half against Petitioner, [name of petitioner], and one-half against Respondent, [name of respondent], for which let execution issue.
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Include 11. if applicable. |
11.Merger of Settlement Agreement
Merger of [Mediated/Collaborative Law] Settlement Agreement
This order is stipulated to represent a merger of a [mediated/collaborative law] settlement agreement dated [date] between the parties. To the extent there exist any differences between the [mediated/collaborative law] settlement agreement and this order, this order shall control in all instances.
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Include 12. if applicable. |
12.[Discharge from] Discovery Retention Requirement
TRCP 191.4(d)
[Discharge from] Discovery Retention Requirement
IT IS ORDERED that the parties and their respective attorneys are discharged from the requirement of keeping and storing the documents produced in this case in accordance with rule 191.4(d) of the Texas Rules of Civil Procedure.
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Or |
IT IS ORDERED that any persons required to serve discovery materials shall maintain, for a period of [number] months after this order is signed, the originals or exact copies of all discovery materials produced during the pendency of this matter and not filed with the Court. If an appeal is begun within that [number]-month period, IT IS FURTHER ORDERED that the discovery materials shall be maintained while the appeal is pending.
13.Relief Not Granted
•Required in All Orders
Relief Not Granted
IT IS ORDERED that all relief requested in this case and not expressly granted is denied. All other terms of the prior orders not specifically modified in this order shall remain in full force and effect.
14.Date of Order
Date of Order
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Select one of the following. |
SIGNED on ________________________________.
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Or |
This order judicially PRONOUNCED AND RENDERED in court at [city, county] County, Texas, on [date] and further noted on the court’s docket sheet on the same date, but signed on ______________________________.
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Continue with the following. |
JUDGE PRESIDING
15.Approvals
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Include the following in all orders unless there is a motion to sign order. |
APPROVED AS TO FORM ONLY:
[Name]
Attorney for Petitioner
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]
[Name]
Attorney for Respondent
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]
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Include the following if applicable. |
[Name]
Attorney Ad Litem
State Bar No.: [if applicable]
[Email address]
[Address]
[Telephone]
[Fax]
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If the parties agree to all the terms of the order and do not intend to appeal, include the following. |
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:
Petitioner
Respondent
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Complete income withholding for support (form 9-3) if applicable. |