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 to [Terminate/Modify] [Income Withholding/Order/Notice to Withhold/Writ of Withholding/Order for Withholding]
1.Discovery Level
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.]
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Include 2. if applicable. |
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
This suit 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.]
[Name of respondent] is Respondent.
4.Jurisdiction
This Court has continuing jurisdiction of this suit and of the child[ren] the subject of this suit.
5.Child[ren]
The following child[ren] [is/are] the subject of this suit:
Name:
Sex:
Birth date:
Social Security number:
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Repeat above information for each additional child. |
6.Person[s] Entitled to Citation
The parties entitled to notice are as follows:
1.Respondent, who is [relationship or capacity].
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Select one of the following. |
Process should be served [include if applicable: at [address, city, state, zip code]].
No service is necessary at this time.
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Include the following if applicable. |
2.[Name], [address, city, state], who is [the person entitled to receive payments on behalf of the child[ren]/[specify other interest]].
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Select method of service as above if applicable. |
7.[Income Withholding/Order/Notice/Writ/Order] in Effect
On [date] [an Income Withholding for Support was issued/an Order/Notice to Withhold from Income for Child Support was issued/a Writ of Withholding was issued/an Order for Withholding from Earnings for Child Support was rendered]. This [withholding/order/notice/writ/order] is currently in effect, and Petitioner’s employer is currently withholding wages.
Petitioner and Respondent are the Obligor and Obligee, respectively, under the [Income Withholding/Order/Notice to Withhold/Writ of Withholding/Order for Withholding].
8.Reason[s] for [Termination/Modification] of [Withholding/Order/Notice/Writ/Order]
The [Income Withholding/Order/Notice to Withhold/Writ of Withholding/Order for Withholding] should be [terminated/modified] because:
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Select as applicable. |
the child[ren] [name[s] of child[ren]] [has/have] reached the age of eighteen years and [is/are] no longer enrolled under chapter 25 of the Texas Education Code in an accredited secondary school in a program leading toward a high school diploma or under section 130.008 of the Education Code in courses for joint high school and junior college credit and complying with the minimum attendance requirements of subchapter C of chapter 25 of the Education Code or enrolled on a full-time basis in a private secondary school in a program leading toward a high school diploma and complying with the minimum attendance requirements imposed by that school.
the child[ren] [name[s] of child[ren]] [is/are] married.
the child[ren] [name[s] of child[ren]] [has/have] died.
the disabilities of the child[ren] [name[s] of child[ren]] have been otherwise removed for general purposes.
Petitioner and Respondent have [married/remarried] each other, and no nonparent or agency has been appointed conservator of the child[ren] under chapter 153 of the Texas Family Code.
9.[Termination/Modification] Sought
Since the order for child support has terminated, the [Income Withholding/Order/Notice to Withhold/Writ of Withholding/Order for Withholding] should be terminated by this Court.
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Or |
The [Income Withholding/Order/Notice to Withhold/Writ of Withholding/Order for Withholding] should be modified as follows: [specify].
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Include 10. if applicable. |
It was necessary for Petitioner to secure the services of [name], a licensed attorney, to prepare and prosecute this suit. Respondent should be ordered to pay reasonable attorney’s fees, expenses, and costs through trial and appeal, and a judgment should be rendered in favor of the attorney and against Respondent and be ordered paid directly to the undersigned attorney, who may enforce the judgment in the attorney’s own name. Petitioner requests postjudgment interest as allowed by law.
11.Prayer
Petitioner prays that citation and notice issue as required by law.
Petitioner prays that the [Income Withholding/Order/Notice to Withhold/Writ of Withholding/Order for Withholding] be [terminated/modified].
Petitioner prays for [include if applicable: attorney’s fees, expenses, costs, and interest as requested above and for] general relief.
[Name]
Attorney for Petitioner
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]