Form 9-17

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Order to Recover Child Support Payments Made in Excess of Child Support Order

On [date] the Court heard the Petition to Recover Child Support Payments Made in Excess of Child Support Order filed by [name of petitioner], Petitioner.

Appearances

Jurisdiction

The Court, having examined the pleadings and heard the evidence and argument of counsel, finds that it has jurisdiction of this case and of all the parties.

Record

A record of the testimony was waived with the consent of the Court.

A record of the proceeding was made by [[name, address]/the court reporter for the [designation] Court].

Jury

A jury was waived, and all questions of fact and of law were submitted to the Court.

A jury was selected, questions of fact were submitted to the jury, and a verdict was returned and duly filed.

Findings

The Court finds that Petitioner is not in arrears, that Petitioner’s obligation to pay child support to Respondent has terminated, and that Respondent failed to return a child support payment made by Petitioner in excess of the amount of support ordered.

Judgment

IT IS ORDERED that [name] is GRANTED a judgment of [number] dollars ($[amount]) against Respondent, [name of respondent], such judgment bearing interest at [percent] percent per year compounded annually from the date this order is signed, for which let execution issue. IT IS ORDERED that Respondent pay the sum of [number] dollars ($[amount]) to [name] on or before [date].

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.

The Court finds that [state court’s reasons for not awarding attorney’s fees], which con­stitutes good cause for waiving the requirement that Respondent pay attorney’s fees incurred by Petitioner.

Costs

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

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

The Court finds that [state court’s reasons for not awarding costs], which constitutes good cause for waiving the requirement that Respondent pay costs incurred by Petitioner. IT IS THEREFORE ORDERED that costs of court are to be borne by the party who incurred them.

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.:
[Email address]
[Address]
[Telephone]
[Fax]

   
[Name]
Attorney for Respondent
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:

   
Petitioner

   
Respondent