Form 9-20

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Judgment for Balance of Deceased Obligor’s Child Support Obligation [and for Arrearage Accrued before Death]

On [date] the Court heard Petitioner’s Petition to Reduce Balance of Child Support Obligation of Deceased Obligor to Judgment.

Appearances

Petitioner, [name of petitioner], [relationship or capacity],

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

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

appeared in person and announced ready for trial.

Respondent, [name of respondent], [relationship or capacity],

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

appeared in person and announced ready for trial.

failed to appear, although duly notified.

Child[ren]

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

Name:

Sex:

Birth date:

Social Security number:

Proceedings

All matters of law and of fact were submitted to the Court, and the Court heard the evi­dence and considered the pleadings and argument of counsel.

Jurisdiction

The Court finds that it has jurisdiction over the subject matter and the parties in this case. All persons entitled to citation were properly cited.

Record

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

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

Findings

The Court, having considered the pleadings, evidence, and argument, finds that Peti­tioner is entitled to judgment for unpaid child support under section 154.015 of the Texas Family Code in the amount of $[amount].

The Court further finds that Decedent failed to make payments as ordered before [his/her] death. [Include if applicable: The Court finds and confirms that the balance owed by Decedent on previously confirmed child support arrearages is $[amount], plus $[amount] in accrued interest on that amount.] The Court further finds and confirms that Decedent was in arrears on the date of [his/her] death in the amount of $[amount] for the period [date] through [date] and that interest has accrued [include if applicable: on those previously unconfirmed arrearages] in the amount of $[amount]. Judgment should be awarded against Decedent’s estate in the total amount of $[amount] for the arrearages and interest. The Court further finds that attorney’s fees and costs of $[amount] related to the arrearage should be assessed against Decedent’s estate.

Relief Granted

IT IS ORDERED that [name], Petitioner, is granted a judgment for unpaid child sup­port under section 154.015 of the Texas Family Code against Decedent’s estate in the amount of [number] dollars ($[amount]). IT IS FURTHER ORDERED that Petitioner is designated a constructive trustee, for the benefit of the child[ren] the subject of this suit, of any money received in satisfaction of this judgment.

IT IS ORDERED that Petitioner’s request for acceleration and reduction to judgment of Deceased Obligor’s child support obligation is hereby denied.

IT IS FURTHER ORDERED that [name], Petitioner, is granted a judgment for child support arrearages, and attorney’s fees and costs related to the arrearage, including accrued interest, against Decedent’s estate in the amount of [number] dollars ($[amount]), such judg­ment bearing interest at 6 percent simple interest per year from the date this order is signed, for which let execution issue. [Include if applicable: This judgment is cumulative and includes the unpaid balance owed under the prior orders of this Court, but it does not include the sepa­rate judgment set out above pursuant to section 154.015 of the Texas Family Code].

IT IS FURTHER ORDERED that Petitioner’s request for judgment for unpaid child support accrued before Decedent’s death is hereby denied.

Relief Not Granted

All relief requested and not expressly granted is denied.

SIGNED on ___________________________________.

   
JUDGE PRESIDING