Form 45-6

This form should be used if the conservator without the exclusive right to designate the primary resi­dence of the child is ordered to military deployment, military mobilization, or temporary military duty. (For a form to be used if the conservator with the exclusive right to designate the primary residence of the child is ordered to military deployment, military mobilization, or temporary military duty, see form 45-5.)

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Temporary Orders in Suit to Modify Parent-Child Relationship Based on Military Duty

[Conservator without Right to Designate Residence]

1.Date of Hearing

On [date] the Court heard Petitioner’s application for temporary orders based on [Petitioner/Respondent]’s [military deployment/military mobiliza­tion/temporary military duty].

2.Appearances

Appearances

2.A.Petitioner

1.In Person and by Attorney

Petitioner, [[name of conservator with exclusive right to designate pri­mary residence of child[ren]]/[name of conservator without exclusive right to designate primary residence of child[ren]]], appeared in person and through attorney of record, [name], and announced ready.

2.Agreement

Petitioner, [[name of conservator with right to designate residence]/[name of conservator without right to designate residence]], did not appear in person but has agreed to the terms of this order as evidenced by Petitioner’s signature below.

2.B.Respondent

Respondent, [[name of conservator without right to designate resi­dence]/[name of conservator with right to designate residence]],

1.In Person

appeared in person and announced ready.

2.By Attorney

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

3.In Person and by Attorney

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

4.Did Not Appear (Default)

although duly and properly notified, did not appear and wholly made default.

5.Did Not Appear (Waiver)

having waived issuance and service of citation by waiver duly filed, [include if applicable: and having entered into this agreement as evidenced by Respon­dent’s signature below,] did not further appear.

6.Did Not Appear (Agreement)

did not appear in person but has agreed to the terms of this order as evidenced by Respondent’s signature below.

2.C.Designated Person

[Name of person designated by petitioner to exercise possession, access, rights, and duties]

1.In Person

appeared in person and announced ready.

2.By Attorney

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

3.In Person and by Attorney

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

4.Did Not Appear (Default)

although duly and properly notified, did not appear and wholly made default.

5.Did Not Appear (Waiver)

having waived issuance and service of citation by waiver duly filed, [include if applicable: and having entered into this agreement as evidenced by [his/her] signature below,] did not further appear.

6.Did Not Appear (Agreement)

did not appear in person but has agreed to the terms of this order as evidenced by [his/her] signature below.

2.D.Agreed Order

The parties have agreed to the terms of this order as evidenced by their signatures below.

2.E.Mediation

The parties have already attended mediation regarding temporary orders with [name of mediator].

2.F.Other Parties

Other parties appearing were [name[s]]. [Include if applicable: [Name[s]] [has/have] agreed to the terms of this order, as evidenced by the signature[s] below.]

3.Jurisdiction

Jurisdiction

The Court, after examining the record [include if applicable: and the agreement of the parties] and hearing the evidence and argument of counsel, finds that all necessary prerequisites of the law have been legally satisfied and that this Court has jurisdiction of this case and of all the parties.

4.Child[ren]

Child[ren]

The Court finds that the following child[ren] [is/are] the subject of this suit:

Name:

Sex:

Birth date:

Home state:

Social Security number:

Driver’s license number and issuing state:

5.Temporary Orders

Temporary Orders

The following temporary orders are for the safety and welfare and in the best interest of the child[ren]:

5.A.Possession and Access
§§ 153.705, 153.376(a), 153.076

IT IS ORDERED that [name of designated person] shall have posses­sion of the child[ren] at times mutually agreed to in advance by the parties and, in the absence of mutual agreement, as follows: [set out times and general con­ditions for possession of or access to each child that conservator without exclusive right to designate primary residence of child[ren] has under prior order].

The periods of possession ordered above apply to [the/each] child the subject of this suit only while that child is under the age of eighteen years and not otherwise emancipated.

IT IS FURTHER ORDERED that [name of conservator with right to designate residence] and [name of designated person] are subject to the provi­sions of section 153.316 of the Texas Family Code, with [name of designated person] considered for purposes of that section to be the possessory conserva­tor.

IT IS FURTHER ORDERED that [name of designated person] shall have the following rights and duties during periods of possession:

1.the duty of care, control, protection, and reasonable discipline of the child[ren];

2.the duty to provide the child[ren] with clothing, food, and shelter; and

3.the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child[ren].

IT IS FURTHER ORDERED that [name of designated person] is sub­ject to any provision in a court order restricting or prohibiting access to the child[ren] by any specified individual.

IT IS FURTHER ORDERED that [name of designated person] has the duty to inform the other conservator[s] of the child[ren] in a timely manner of significant information concerning the health, education, and welfare of the child[ren].

IT IS FURTHER ORDERED that [name of designated person] has the duty to inform the other conservator[s] of the child[ren] if [name of designated person] resides with for at least thirty days, marries, or intends to marry a per­son who [name of designated person] knows is registered as a sex offender under chapter 62 of the Texas Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practi­cable, but not later than the fortieth day after the date [name of designated per­son] begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person’s requirement to reg­ister as a sex offender or of the offense with which the person is charged. WARNING: FAILURE TO PROVIDE THIS NOTICE IS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR.

IT IS FURTHER ORDERED that [name of designated person] has the duty to inform the other conservator[s] of the child[ren] if [name of designated person] establishes a residence with a person who [name of designated person] knows is the subject of a final protective order sought by an individual other than [name of designated person] that is in effect on the date the residence with the person is established. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the thirtieth day after the date [name of designated person] establishes residence with the person who is the subject of the final protective order. WARNING: FAILURE TO PROVIDE THIS NOTICE IS OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR.

IT IS FURTHER ORDERED that [name of designated person] has the duty to inform the other conservator[s] of the child[ren] if [name of designated person] resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by [name of designated person] after the expiration of the sixty-day period following the date the final protec­tive order is issued. IT IS ORDERED that notice of this information shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the ninetieth day after the date the final protective order was issued. WARNING: FAILURE TO PROVIDE THIS NOTICE IS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR.

IT IS FURTHER ORDERED that [name of designated person] has the duty to inform the other conservator[s] of the child[ren] if [name of designated person] is the subject of a final protective order issued after the date of the order establishing conservatorship. IT IS ORDERED that notice of this infor­mation shall be provided to the other conservator[s] of the child[ren] as soon as practicable, but not later than the thirtieth day after the date the final protective order was issued. WARNING: FAILURE TO PROVIDE THIS NOTICE IS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR.

5.B.Electronic Communication
§ 153.015

For purposes of this order, “electronic communication” means any com­munication facilitated by the use of any wired or wireless technology via the Internet or any other electronic media. The term includes communication facil­itated by the use of a telephone, electronic mail, instant messaging, videocon­ferencing, or webcam.

IT IS ORDERED that [name of conservator with right to designate resi­dence], [name of designated person], and [name of conservator without right to designate residence] shall have electronic communication with the child[ren] as follows: [set out times and general conditions of electronic communication between each child and each party].

IT IS ORDERED that [name of conservator with right to designate resi­dence] and [name of designated person] shall—

1.   provide each other and [name of conservator without right to desig­nate residence] with the e-mail address[es] and other electronic communica­tion access information of the child[ren] within [number] [hours/days] after the Court signs this order;

2.notify each other and [name of conservator without right to desig­nate residence] of any change in the e-mail address[es] or other electronic communication access information not later than twenty-four hours after the date the change takes effect; and

3.if necessary equipment is reasonably available, accommodate elec­tronic communication with the child[ren] with the same privacy, respect, and dignity accorded all other forms of access, at a reasonable time and for a rea­sonable duration subject to any limitation provided in this order.

6.Child Support

Child Support

6.A.No Change

IT IS ORDERED that [name of obligor] shall continue to pay child sup­port in accordance with the terms of the prior order of the Court.

6.B.Monthly Payments

IT IS ORDERED that [name of obligor] pay to [name of obligee] for the support of [name[s] of child[ren]] child support of [number] dollars ($[amount]) per month, with the first payment being due and payable on [date] and a like payment being due and payable on the [specify] day of each month thereafter until further order of this Court.

6.C.Statement on Guidelines
§ 154.130

In accordance with Texas Family Code section 154.130, the Court makes the following findings and conclusions regarding the child support order made in open court in this case on [date]:

1.[The amount of child support ordered by the Court is in accordance with the percentage guidelines./The application of the percentage guidelines in this case would be unjust or inappropriate.]

2.The net resources of [name of obligor] per month are $[amount].

3.The net resources of [name of obligee] per month are $[amount].

4.The percentage applied to the first $9,200 of [name of obligor]’s net resources for child support is [percent] percent.

5.The specific reasons that the amount of support per month ordered by the Court varies from the amount computed by applying the percentage guidelines of section [154.125/154.129] of the Texas Family Code are [state reasons].

6.D.Withholding from Earnings

IT IS ORDERED that any employer of [name of obligor] shall be ordered to withhold the child support payments ordered in this order from the disposable earnings of [name of obligor] for the support of [name[s] of child[ren]].

6.E.Withholding as Credit against Support Obligation

IT IS FURTHER ORDERED that all amounts withheld from the dispos­able earnings of [name of obligor] by the employer and paid in accordance with the order to that employer shall constitute a credit against the child support obligation. Payment of the full amount of child support ordered paid by this order through the means of withholding from earnings shall discharge the child support obligation. If the amount withheld from earnings and credited against the child support obligation is less than 100 percent of the amount ordered to be paid by this order, the balance due remains an obligation of [name of obli­gor], and it is hereby ORDERED that [name of obligor] pay the balance due directly to the state disbursement unit as specified below.

6.F.Order to Employer

On this date the Court [signed/authorized the issuance of] an Income Withholding for Support. [See form 9-3.]

6.G.Payment

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 obligee] for the support of the child[ren]. 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 obligor]’s name as the name of the noncustodial parent (NCP), and [name of 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 https://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 fees.

6.H.Change of Employment

IT IS FURTHER ORDERED that [name of obligor] shall notify this Court and [name of obligee] 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 obligor] and the name and address of [his/her] current employer, whenever that information becomes available.

6.I.Clerk’s Duties

IT IS ORDERED that, on the request of a prosecuting attorney, the title IV-D agency, the friend of the Court, a domestic relations office, [name of obli­gee], [name of obligor], or an attorney representing [name of obligee] or [name of obligor], the clerk of this Court shall cause a certified copy of the Income Withholding for Support to be delivered to any employer.

6.J.Suspension of Withholding from Earnings

The Court finds that [good cause exists/the parties have agreed] that no order to withhold from earnings for child support should be delivered to any employer of [name of obligor] as long as no delinquency or other violation of this child support order occurs and as long as the Office of the Attorney Gen­eral Child Support Division is not providing services to [name of obligee]. For the purpose of this provision, a delinquency has occurred if [name of obligor] has been in arrears for an amount due for more than thirty days or the amount of the arrearages equals or is greater than the amount due for a one-month period. If a delinquency or other violation occurs or if the Office of the Attor­ney General Child Support Division begins providing services to [name of obli­gee], the clerk shall deliver the order to withhold earnings as provided above.

Accordingly, IT IS ORDERED that, as long as no delinquency or other violation of this child support order occurs and as long as the Office of the Attorney General Child Support Division is not providing services to [name of obligee], all payments shall be made through the state disbursement unit and thereafter promptly remitted to [name of obligee] for the support of the child[ren]. If a delinquency or other violation occurs or if the Office of the Attorney General Child Support Division begins providing services to [name of obligee], all payments shall be made in accordance with the order to with­hold earnings as provided above.

6.K.Health-Care Expenses

7.Required Notices
§§ 105.006(e), (e–1), (e–2), 105.007

Required Notices

Each person who is a party to this order is ordered to notify each other party, the Court, and the state case registry of any change in the party’s current residence address, mailing address, home telephone number, name of employer, address of employment, driver’s license number, and work telephone number. The party is ordered to give notice of an intended change in any of the required information to each other party, the Court, and the state case reg­istry on or before the 60th day before the intended change. If the party does not know or could not have known of the change in suf­ficient time to provide 60-day notice, the party is ordered to give notice of the change on or before the fifth day after the date that the party knows of the change.

The duty to furnish this information to each other party, the Court, and the state case registry continues as long as any person, by virtue of this order, is under an obligation to pay child support or entitled to possession of or access to a child.

Failure by a party to obey the order of this Court to provide each other party, the Court, and the state case registry with the change in the required information may result in further litigation to enforce the order, including contempt of court. A finding of con­tempt may be punished by confinement in jail for up to six months, a fine of up to $500 for each violation, and a money judgment for pay­ment of attorney’s fees and court costs.

Notice shall be given to the other party by delivering a copy of the notice to the party by registered or certified mail, return receipt requested. Notice shall be given to the Court by delivering a copy of the notice either in person to the clerk of this Court or by registered or certified mail addressed to the clerk at [address]. Notice shall be given to the state case registry by mail­ing a copy of the notice to State Case Registry, Contract Services Section, MC046S, P.O. Box 12017, Austin, Texas 78711-2017.

Notice to any peace officer of the state of Texas: You may use reasonable efforts to enforce the terms of child custody specified in this order. A peace officer who relies on the terms of a court order and the officer’s agency are entitled to the applicable immu­nity against any claim, civil or otherwise, regarding the officer’s good faith acts performed in the scope of the officer’s duties in enforcing the terms of the order that relate to child custody. Any person who knowingly presents for enforcement an order that is invalid or no longer in effect commits an offense that may be pun­ishable by confinement in jail for as long as two years and a fine of as much as $10,000.

The Court may modify this order that provides for the sup­port of a child, if:

(1)the circumstances of the child or a person affected by the order have materially and substantially changed; or

(2)it has been three years since the order was rendered or last modified and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child sup­port guidelines.

8.Warnings to Parties
§ 105.006(d)

Warnings

Warnings to Parties: Failure to obey a court order for child support or for possession of or access to a child may result in fur­ther litigation to enforce the order, including contempt of court. A finding of contempt may be punished by confinement in jail for up to six months, a fine of up to $500 for each violation, and a money judgment for payment of attorney’s fees and court costs.

Failure of a party to make a child support payment to the place and in the manner required by a court order may result in the party’s not receiving credit for making the payment.

Failure of a party to pay child support does not justify deny­ing that party court-ordered possession of or access to a child. Refusal by a party to allow possession of or access to a child does not justify failure to pay court-ordered child support to that party.

9.Attorney’s Fees

Attorney’s Fees

9.A.One Party Pays

The Court finds that reasonable attorney’s fees and expenses to be paid by [name] to [name]’s attorney are necessary to protect the best interest of the child[ren].

IT IS ORDERED that [name] pay [number] dollars ($[amount]) to [name and address of attorney] by cash, cashier’s check, or money order on or before [time] on [date] for attorney’s fees and expenses.

9.B.Each Pays Own

IT IS ORDERED that the attorney’s fees in this case are to be borne by the party who incurred them.

10.Costs

Costs

All costs of court expended in this case are adjudged against [[name], Respondent/[name], Petitioner/the party who incurred them], for which let execution issue.

11.Enforcement
§ 153.708

Enforcement

This order may be enforced by or against [name of designated person] to the same extent that an order would be enforceable against [name of conser­vator without right to designate residence].

12.Duration

•Required in All Orders

Duration

These Temporary Orders shall continue in force until [name of conser­vator without right to designate residence]’s [military deployment/military mobilization/temporary military duty] is concluded, and [name of conservator without right to designate residence] returns to [his/her] usual residence, when these Temporary Orders terminate and the rights of all affected parties are gov­erned by the terms of any court order applicable when [name of conservator without right to designate residence] is not ordered to [military deployment/military mobilization/temporary military duty] or until further order of this Court.

SIGNED on ________________________________.

   
JUDGE PRESIDING

13.Approvals

APPROVED AS TO FORM ONLY:

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

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

APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:

   
Petitioner

   
Respondent