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.]
Original Petition for Breach of Alimony Contract
1.Discovery in this case is intended to be conducted under [level 1/level 2/level 3] of rule 190 of the Texas Rules of Civil Procedure. [Include if level 1: Petitioner seeks only monetary relief aggregating $100,000 or less, including damages of any kind, penalties, costs, expenses, prejudgment interest, and attorney’s fees.] [If level 3, see form 5-1.]
2.This suit is brought by [name of petitioner], Petitioner, who is a resident of [county], County, [state]. [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.]
Respondent is [name of respondent], who is a resident of [county], County, [state]. Respondent should be served with process [include if applicable: at [address, city, state, zip code]].
3.Respondent, in an Agreement Incident to Divorce signed by the parties on [date] and incorporated and approved in a Final Decree of Divorce entered in the [designation] Court of [county] County, Texas, in Cause No. [number], styled “In the Matter of the Marriage of [name] and [name],” on [date] agreed to make payments of contractual alimony to Petitioner as follows: [set out payment provisions of agreement]. Certified copies of the Agreement Incident to Divorce and Final Decree of Divorce are attached as Exhibits [exhibit numbers/letters] and incorporated in this petition by reference.
4.Although Petitioner has fully performed Petitioner’s obligations under the agreement, Respondent has breached the agreement in failing to pay the following installments of contractual alimony: [set out each installment due date and amount]. Respondent currently owes $[amount] in past-due installments and has failed and refused to pay this arrearage, although Petitioner has made numerous demands for payment.
5.Respondent, without just excuse, has demonstrated a clear, present, and unconditional intention not to pay the remaining installments of contractual alimony due under the agreement in that Respondent [state acts or statements illustrating defendant’s repudiation], thereby anticipatorily repudiating Respondent’s agreement to pay contractual alimony. As a result of this anticipatory breach, Petitioner has been damaged in an amount equal to the present value of the future installments of contractual alimony Petitioner would have received had Respondent fully performed Respondent’s obligation under the agreement. The present value of the installments that Petitioner would have received from [date] through [date] is $[amount].
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Select as applicable. |
6.Petitioner presented this claim to Respondent more than thirty days before filing this action, but Respondent has failed and refused to pay Petitioner the amounts owing. It was necessary to secure the services of [name], a licensed attorney, to collect sums owing to Petitioner, and Petitioner should be granted a judgment for attorney’s fees, in accordance with chapter 38 of the Texas Civil Practice and Remedies Code.
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And/Or |
7.The agreement provides for payment of reasonable attorney’s fees incurred in its enforcement. As a result of Respondent’s failure to comply with the agreement, it was necessary to secure the services of [name], a licensed attorney, to collect the sums owing to Petitioner, and Petitioner should be granted a judgment for reasonable attorney’s fees.
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Continue with the following. |
8.Petitioner prays that citation and notice issue as required by law and that Petitioner have judgment against Respondent:
a.For all past-due installments of contractual alimony described above, together with prejudgment and postjudgment interest on that amount at the legal rate.
b.For the present value of all future installments of contractual alimony accruing from [date] through [date], together with prejudgment and postjudgment interest on that amount at the legal rate.
c.For reasonable attorney’s fees and costs of court.
Petitioner prays for general relief.
[Name]
Attorney for Petitioner
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
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Attach certified copies of the agreement incident to divorce and the final decree of divorce as exhibits. |