Form 61-3

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Original Petition for Breach of Contract to Pay College Expenses

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. [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.The damages sought in this case are within the jurisdictional limits of this Court. Petitioner seeks [only monetary relief of $250,000 or less, excluding interest, statutory or punitive damages and penalties, and attorney’s fees and costs/monetary relief over $250,000 but not more than $1,000,000/monetary relief over $1,000,000].

3.This action is brought by [name of petitioner], [include if applicable: formerly known as [name],] 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]].

4.Respondent, as part of the [Property Settlement Agreement/Agreement Incident to Divorce] signed by the parties on [date] and incorporated in the [judgment/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 as fol­lows: [set out payment provisions of agreement]. Certified copies of the agreement and the [judgment/Final Decree of Divorce] are attached as Exhibits [exhibit numbers/letters] and incorporated in this petition by reference.

5.Respondent has breached the agreement in that Respondent has refused to pay the costs of [name[s] of child[ren]] to attend [name of university], which university the child[ren] [is/are] now attending, to the damage of Petitioner in an amount of $[amount]. Petitioner has been required to expend funds for [select as applicable: tuition and required fees/books/room and board/orientation expenses/transportation/clothing/housing/supplies], which all constitute part of the costs of a college education.

6.Respondent has anticipatorily breached Respondent’s obligation to pay the costs of a college education for the child[ren] as to future years in that Respondent has absolutely repudiated Respondent’s obligations under the provisions of the agreement.

7.Because of Respondent’s repudiation of Respondent’s obligation for the costs of a college education for [name[s] of child[ren]], Petitioner requests a money judgment for the present value of the reasonably anticipated expenses of the child[ren] through a college career.

8.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.

9.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.

10.Petitioner prays that citation and notice issue as required by law and that Petitioner have judgment against Respondent:

a.For all past-due college expenses described above, together with prejudgment and postjudgment interest on that amount at the legal rate.

b.For the present value of the reasonably anticipated college expenses 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.:
[Email address]
[Address]
[Telephone]
[Fax]