Form 9-19

Section 154.015 of the Texas Family Code, which provides for acceleration of unpaid child support on the death of the obligor, does not indicate who should be named as the respondent in a petition to accelerate unpaid child support. See Tex. Fam. Code § 154.015. The executor or administrator of the decedent’s estate would clearly be an appropriate respondent. If no executor or administrator has been named by the probate court, the petitioner should identify any known heirs as respondents in the action.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Petition to Reduce Balance of Child Support Obligation of Deceased Obligor to Judgment

Pursuant to section 154.015 of the Texas Family Code, this Petition to Reduce Balance of Child Support Obligation of Deceased Obligor to Judgment is brought by [name of peti­tioner], Petitioner, [relationship or capacity]. [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.]

1.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.]

2.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.The child[ren] the subject of this suit [is/are]:

Name:

Sex:

Birth date:

Social Security number:

4.This Court has continuing, exclusive jurisdiction of this case as a result of prior proceedings.

5.[Name of decedent], Decedent, was the obligor in an order to pay child support to Petitioner. Decedent died on [date]. The last date on which Petitioner received a child support payment from Decedent was [date].

6.The parties entitled to notice are as follows:

Respondent, [name of respondent], who is [relationship or capacity].

Process should be served [include if applicable: at [address, city, state, zip code]].

No service is necessary at this time.

7.On [date] [include if applicable: , in Cause No. [number], styled “[style of case],” in the [designation] Court of [county] County,] [this/the] Court signed an order that [include if applicable: appears in the minutes of [this/the] Court and] states in relevant part as follows: [quote exact language of support order].

7.On [date] [include if applicable: , in Cause No. [number], styled “[style of case],” in the [designation] Court of [county] County,] [this/the] Court signed an order [include if applicable: that appears in the minutes of [this/the] Court], the relevant portion[s] of which [is/are] attached as Exhibit [exhibit number/letter].

Petitioner was the [petitioner/respondent] and Decedent was the [respondent/petitioner] in the prior proceedings.

8.Petitioner requests the Court to determine the remaining child support obligation due to [the/each] child the subject of this suit and to render judgment in favor of Petitioner, for the benefit of the child[ren], in the amount of the unpaid child support obligation.

9.Additionally, before [his/her] death, Decedent failed to pay to Petitioner the full amount of child support due.

A copy of the record of child support payments maintained by the state disbursement unit is attached to this petition.

10.Decedent’s total arrearage at the time of [his/her] death is $[amount] [include if applicable: , including $[amount] owed on previously confirmed arrearages and $[amount] in unpaid child support not previously confirmed]. Petitioner requests confirmation of all arrear­ages and rendition of an additional judgment plus interest on arrearages, attorney’s fees, and costs.

11.With regard to the arrearage in child support, it was necessary to secure the ser­vices of [name of attorney], a licensed attorney, to enforce and protect the rights of [name of petitioner] and the child[ren] the subject of this suit. Decedent’s estate should be ordered to pay reasonable attorney’s fees, expenses, and costs, and a judgment should be rendered in favor of the attorney and against Decedent’s estate 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.

Petitioner prays that the Court determine the remaining child support obligation due to [the/each] child the subject of this suit and render judgment in favor of Petitioner, for the ben­efit of the child[ren], in the amount of the unpaid child support obligation. [Include if applica­ble: Petitioner further prays that an additional judgment be granted for arrearage plus interest on arrearages, attorney’s fees, and costs.]

   
[Name]
Attorney for Petitioner
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]