Form 9-15

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Order for Support of Disabled Child

On [date] the Court heard the Petition for Support of Disabled Child filed by [name of petitioner], Petitioner.

Appearances

Petitioner, [name of petitioner],

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

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

Respondent, [name of respondent],

appeared in person and announced ready for trial.

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

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

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

waived issuance and service of citation by waiver duly filed and did not otherwise appear.

has made a general appearance and was duly notified of trial but failed to appear and defaulted.

has agreed to the terms of this order as evidenced by Respondent’s signature below.

Jurisdiction

The Court, after examining the pleadings and hearing the evidence and argument of counsel, finds that it has jurisdiction of this case and of all the parties and that no other court has continuing, exclusive jurisdiction. A jury was waived, and all questions of fact and of law were submitted to the Court. All persons entitled to citation were properly cited.

Record

The making of a record of the testimony was waived by the parties with the consent of the Court.

A record of testimony was duly reported by [[name, address]/the court reporter for the [designation] Court].

Findings

The Court finds that the child the subject of this suit requires substantial care and per­sonal supervision because of a mental or physical disability and is not capable of self-support.

The child the subject of this suit is less than eighteen years of age, and the disability currently exists.

The child the subject of this suit is over the age of eighteen years, and the disability exists now and existed on or before the eighteenth birthday of the child.

The child the subject of this suit is over the age of eighteen years, the disability exists now, and the cause of disability was known to exist on or before the eighteenth birthday of the child.

Support Order

IT IS ORDERED that [name of respondent] is obligated to pay and shall pay to [name of party receiving] 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 the first month following the date of the earliest occurrence of one of the events specified below:

1.the child dies; or

2.further order modifying this child support.

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] for the support of the child. 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 parent paying]’s name as the name of the noncustodial parent (NCP), and [name of party receiving]’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 a fee.

The Court finds that a special needs trust is appropriate and that the child support pay­ments for [name of child], an adult child, are to be paid directly to the trust for the benefit of [name of child].

IT IS ORDERED that [name of respondent] is obligated to pay and shall pay 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 the first month following the date of the earliest occurrence of one of the events specified below:

1.the child dies; or

2.further order modifying this child support.

IT IS ORDERED that support payable to the special needs trust be paid directly to the trust, [name of trust] at [trust address for payment].

The Court finds that payments for the support of this child should be continued after the child’s eighteenth birthday for an indefinite period and that both parents have a duty to sup­port the child.

Possession or Access

The Court finds that the following provisions for possession of or access to [name] are in the best interest of the child: [state the terms of possession or access].

Rights and Duties of the Parties

Required Information

The information required for each party by section 105.006(a) of the Texas Family Code is as follows:

Name: [name of petitioner]

Social Security number:

Driver’s license number and issuing state:

Current residence address:

Mailing address:

Home telephone number:

Name of employer:

Address of employment:

Work telephone number:

Name: [name of respondent]

Social Security number:

Driver’s license number and issuing state:

Current residence address:

Mailing address:

Home telephone number:

Name of employer:

Address of employment:

Work telephone number:

Name: [name of child]

Social Security number:

Driver’s license number and issuing state:

Current residence address:

Mailing address:

Home telephone number:

Name of employer:

Address of employment:

Work telephone number:

Name: [name of any other party]

Social Security number:

Driver’s license number and issuing state:

Current residence address:

Mailing address:

Home telephone number:

Name of employer:

Address of employment:

Work telephone number:

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 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 Division, 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.

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.

Attorney’s Fees

IT IS ORDERED that good cause exists to award [name of attorney] judgment in the amount of [number] dollars ($[amount]) for reasonable attorney’s fees, expenses, and costs incurred by [name of party], with interest at [percent] percent per year compounded annually from the date the judgment is signed until paid. The judgment, for which let execution issue, is awarded against [name of respondent], Respondent. Respondent is ORDERED to pay the fees, expenses, costs, and interest to [name of attorney] at [address] by cash, cashier’s check, or money order on or before [date]. [Name of attorney] may enforce this judgment for fees, expenses, and costs in [his/her] own name by any means available for the enforcement of a judgment for debt.

Costs

All costs of court in this case are adjudged against [name], for which let execution issue.

IT IS ORDERED that [Petitioner/Respondent[s]], [name[s]], [is/are] awarded a judg­ment of [number] dollars ($[amount]) against [Respondent[s]/Petitioner], [name[s]], 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.

IT IS ORDERED that costs of court are to be borne by the party who incurred them.

IT IS ORDERED that all costs of court expended in this case are taxed one-half against Petitioner, [name], and one-half against Respondent[s], [name[s]], for which let execution issue.

Relief Not Granted

IT IS ORDERED that all relief requested in this case and not expressly granted is denied.

Date of Order

SIGNED on ________________________________.

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 ________________________.

   
JUDGE PRESIDING

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]

   
[Name]
[Guardian Ad Litem/Attorney Ad Litem/
      Amicus Attorney]
State Bar No.: [if applicable]
[E-mail address]
[Address]
[Telephone]
[Fax]

APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:

   
Petitioner

   
Respondent