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Recent Updates—May 2022

May 2022 updates to practice notes include coverage of selected cases from the court term ended August 2021, legislation from the 87th session of the Texas Legislature, and amendments to the Texas Rules of Civil Procedure and Texas Disciplinary Rules of Professional Conduct. Updates to forms include changes required to reflect the legislation and rules, including several new forms. The changes noted indicate the revisions that affect language that would appear in a finished form. Changes to instructions and bracketed language are not noted.

 

Changes to Practice Notes

Chapter 1Ethics and Malpractice Considerations

§ 1.11:1Definitions and Sanctions

In the sixth paragraph, item 1. was revised.

§ 1.13:1Conflicts of Interest between Attorney and Client

Under “Refusing to Accept Employment,” the parenthetical statement immediately preceding the Comment was added.

§ 1.13:2Conflicts of Interest among Clients

Under “Conflicts Created by Multiple Representation,” the parenthetical statement following the citation at the end of the second sentence was added.

Under “Conflicts Created by Prior Representation,” the parenthetical statement at the end of the first paragraph was added.

§ 1.16:2Texas Advertising Guidelines

This section was revised throughout to reflect amendments to the Texas Disciplinary Rules of Professional Conduct.

 

Chapter 2Attorney-Client Relationship and Communications

§ 2.1Communications about Legal Consequences

The last sentence in the section was added.

§ 2.8:6Duty to Maintain Confidences and Secrets of Clients

In the second paragraph, items 9. and 10. were added.

The paragraph preceding the Comment at the end of the section was added.

§ 2.9Requirement to Report Child Abuse—Inapplicability of Attorney-Client Privilege

In the first paragraph, items (a), (b), and (b–1) were revised to reflect the amendment of Tex. Fam. Code § 261.101.

§ 2.11Client with Diminished Capacity

This section was added. (It replaces former section 2.11, “Access to Residence to Retrieve Personal Property,” which has become the subject of new chapter 64 of the manual.)

 

Chapter 3Divorce Pleadings

§ 3.5Jury Trial

The last sentence of the first paragraph was revised to reflect the amendment of Tex. Fam. Code § 105.002.

§ 3.12Special Appearance

The sixth paragraph (beginning “In a suit brought under”) was revised.

§ 3.48Jury Questions

The second paragraph was revised to reflect the amendment of Tex. Fam. Code § 105.002.

 

Chapter 4Divorce—Temporary Orders

§ 4.2Temporary Restraining Orders and Temporary Injunctions

The tenth paragraph (beginning “While a suit for”) was added.

 

Chapter 5Discovery

§ 5.22:3Mental Health Records

In the third paragraph, the second sentence was added.

§ 5.86             Nonstenographic Recording; Deposition by Telephone

“Deposition by Telephone” was revised to reflect the amendment of Tex. R. Civ. P. 199.1.

 

Chapter 6Information Gathering and Third-Party Notices

§ 6.1Useful Websites

Several URLs were updated.

 

Chapter 8Ancillary Motions and Proceedings

§ 8.13Disqualification of Attorney

Under “Representation of Another Party in Matter Adverse to Former Client,” the parenthetical statement was added at the end of the first paragraph.

§ 8.21Substituted Service—Rule 106

The second sentence and related citations were added in the first paragraph.

§ 8.32Severance

In the second paragraph, the text and citation to Johnson were added.

§ 8.51:1Traditional Motion for Summary Judgment

Under “Requirements,” the citation to Herschberg and related discussion were added.

§ 8.52Use of Summary Judgment to Dispute Existence of Marriage Relationship

Under “Agreement to Be Married,” the citation to Caldwell-Bays was added.

Under “Cohabitation,” the citation to Mohamed and related discussion were added in the third paragraph.

§ 8.71Exclusion of Expert Witness

This section was revised and expanded.

§ 8.72Presence of Dog to Assist Witness

This section was added to reflect the enactment of Tex. Gov’t Code § 21.012.

§ 8.81Claiming Indigence in Trial Court

This section was substantially revised to reflect the amendment of Tex. R. Civ. P. 145.

 

Chapter 9Child Support

§ 9.1Support of Child

In the fourth paragraph, the citation to B.Y. and related discussion were added.

§ 9.3Manner of Payment

The first paragraph was revised to reflect the amendment of Tex. Fam. Code § 154.003.

§ 9.4Place of Payment

The supporting citation was added to the first sentence.

The paragraph following the Comment was revised, and the last paragraph was added.

§ 9.7Retroactive Child Support

The sixth paragraph (citing Kebodeaux) was added.

§ 9.8Child Support for Disabled Child

In the first paragraph, the citation to Canales was added.

In the second paragraph, the last sentence was added.

§ 9.21Net Resources Defined

In the second paragraph, the citations to Tobias, Daves, and C.E.A.Q. were added.

§ 9.22Imputation of Income

This section was added to reflect the enactment of Tex. Fam. Code § 154.0655.

§ 9.24Intentional Unemployment or Underemployment

In the first paragraph, the final sentence was added to reflect the amendment of Tex. Fam. Code § 154.066.

§ 9.30Additional Factors

In the final paragraph, the citations to Goyal and Klages and related discussion were added.

§ 9.31Guidelines for Net Resources of $9,200 or Less

This section was revised to reflect the amendment of Tex. Fam. Code § 154.125.

§ 9.34Guidelines for Children in More Than One Household

This section was revised to reflect the amendment of Tex. Fam. Code § 154.125, and the final paragraph, citing S.M., was added.

§ 9.37Application of Guidelines to Children of Certain Obligors

In the first paragraph, the citation to R.D.E. and related discussion were added.

§ 9.51Local Child Support Registry

The second sentence of the first paragraph of the Comment was revised to reflect the amendment of Tex. Fam. Code § 234.007.

§ 9.61Withholding Order Required

In the first paragraph, the statutory citation was added after the first sentence.

The second and third paragraphs were added.

§ 9.80Qualified Domestic Relations Order for Collection of Support

This section was revised to reflect the enactment of Tex. Fam. Code § 157.501.

 

Chapter 13Court-Ordered Representatives

§ 13.4Discretionary Appointment of Representatives

Under “Continuing Representation after Judgment,” the first paragraph was revised and the second paragraph was replaced to reflect the amendment of Tex. Fam. Code § 107.016.

 

Chapter 17Protective Orders

§ 17.10Notice, Hearing, and Evidence

The eighth paragraph (beginning “Nothwithstanding rule 107”) was revised to reflect the amendment of Tex. Fam. Code § 85.006.

§ 17.12Findings and Orders

The sixth paragraph (beginning “If the court approves”) was revised to reflect the amendment of Tex. Fam. Code § 85.005.

The citation to Rodriguez and related discussion were added at the end of the tenth paragraph (beginning “The court may also order”).

§ 17.14Agreed Orders

The first two paragraphs were revised to reflect the amendment of Tex. Fam. Code § 85.005.

§ 17.17Remedies for Violations of Protective Orders or Conditions of Bond

The fifth paragraph (beginning “A person who violates”) was revised to reflect the amendment of Tex. Penal Code § 25.07.

§ 17.21Duration of Protective Orders

The citation to Lewis and related discussion were added to the first paragraph.

§ 17.22Duties of Law Enforcement Officers

The text under “Statewide Law Enforcement Information System” was revised to reflect the amendment of Tex. Fam. Code § 86.0011.

§ 17.23Protective Order Registry

The first paragraph was revised to reflect the amendment of Tex. Gov’t Code § 72.152.

The second paragraph was revised to reflect the amendment of Tex. Gov’t Code § 72.154.

The final paragraph was revised to reflect the amendment of Tex. Gov’t Code § 72.157.

§ 17.25Right to Separate Wireless Telephone Service Account

This section was added to reflect the enactment of Tex. Fam. Code § 85.0225 and Tex. Bus. & Com. Code § 608.001.

§ 17.26Related Laws

The final sentence of the seventh paragraph (beginning “The agency releasing a person”) was added to reflect the enactment of Tex. Code Crim. Proc. art. 17.50.

The ninth and tenth paragraphs (beginning “Eligibility for a handgun license” and “ A person at increased risk”) were added to reflect the enactment of the cited sections of the Government Code.

 

Chapter 18Alternative Dispute Resolution and Informal Settlement

§ 18.3Arbitration and Mediation Agreements

Under “Arbitration,” in the second paragraph, the citations to Roman and Menger and related discussion were added. In the sixth paragraph (beginning “If an arbitrator exceeds”), the citation to Cahill and related discussion were added. In the seventh paragraph (“Under the Texas Arbitration Act”), the second sentence was revised. The eighth paragraph (“However, a motion to vacate”) was added.

§ 18.4Confidentiality of Communications in ADR Proceedings

Under “Exceptions to Confidentiality,” the word “reasonable” was added in the third sentence to reflect the amendment of Tex. Fam. Code § 261.101.

§ 18.6Enforcement of Mediated Settlement Agreement

In the first and fifth paragraphs, the citation to Maraio-Wilhoit was added.

The third (beginning “Additionally, under the rules”), fourth (“If the trial court finds”), sixth (“If an agreed divorce decree”), ninth (“A motion for new trial”), twelfth (“A party who has filed”), and nineteenth (“However, a trial court”) paragraphs were added.

In the eighteenth paragraph (beginning “Not all MSAs”), the citation to Cantillo was added.

§ 18.12Informal Settlement Agreement

The last paragraph was added.

 

Chapter 19Trial Proceedings

§ 19.7Child as Witness

The fifth paragraph (beginning “Notwithstanding Tex. Fam. Code § 153.009”) was added.

§ 19.11Request for Jury Trial

The last phrase was added to the sixth paragraph (beginning “A party may demand a jury trial based on issues”) to reflect the amendment of Tex. Fam. Code § 105.002.

 

Chapter 20Attorney’s Fees

§ 20.16Sufficiency of Evidence

The second paragraph was revised, including the addition of the citations to Sims and Bennett.

 

Chapter 23Divorce—Decrees and Agreements Incident to Divorce

§ 23.9Spousal Maintenance and Contractual Alimony

Under “Spousal Maintenance,” the eleventh paragraph (beginning “The amount awarded”) was revised to reflect the amendment of Tex. Fam. Code § 8.057. The seventeenth paragraph (“If an obligor”) was added to reflect the enactment of Tex. Fam. Code § 8.062. The nineteenth paragraph (“The court that rendered”) was added to reflect the enactment of Tex. Fam. Code § 8.351.

§ 23.24Employment and Retirement Benefits

The paragraph following the Comment was added to reflect amendments to chapters 8 and 157 of the Family Code.

 

Chapter 24Closing Documents

§ 24.13Deed of Trust to Secure Assumption

This section was added.

 

Chapter 25Employment and Retirement Benefits

§ 25.11Divisibility on Divorce

The second paragraph was added.

§ 25.12Methods of Division

This section was revised.

§ 25.21Qualified Domestic Relations Order (QDRO)

This section was revised.

§ 25.22Defined Benefit and Defined Contribution Plans

This section was revised throughout, and “Lump-Sum Amount or Percentage” was added.

§ 25.41No Standard Forms

The last two sentences were added to the first paragraph, and the first Comment was revised.

§ 25.43Definitions Applicable to Private Plans

The first sentence of the definition of “qualified preretirement survivor annuity” was revised.

§ 25.45Survivor Benefits for Private Plans

Each paragraph was revised.

§ 25.46Shared-Payment (Shared-Interest) QDRO vs. Separate-Interest QDRO for Defined Benefit Plan QDROs

The first paragraph, the third and fourth bullet points in the second paragraph, and the first bullet point in the third paragraph were revised.

§ 25.47Early Retirement Subsidy

The second sentence was revised.

§ 25.96Addresses for Sending Court Orders

This section was revised.

§ 25.104Procedure

The first and last paragraphs were revised.

§ 25.110Delivery of Court Decree to Board

This section was revised.

§ 25.121Continuing Jurisdiction for Order for Payment of Spousal Maintenance

This section was added to reflect the enactment of Tex. Fam. Code ch. 8, subch. H.

§ 25.122Practical Considerations

This section was added.

§ 25.131Continuing Jurisdiction for Order for Payment of Child Support

This section was added to reflect the enactment of Tex. Fam. Code ch. 157, subch. J.

§ 25.132Practical Considerations

This section was added.

§ 25.141Stock Options and Restricted Stock

The final paragraph was added.

 

Chapter 26Posttrial Proceedings and Appeals

§ 26.3:5After Default Judgment

Under “Improper Service,” the citation to Singh was added in the first paragraph.

Under “No Notice of Trial,” the third paragraph was added.

Under “Meritorious Defense,” the citation to Sandoval was added in the first paragraph.

§ 26.5Request for Findings of Fact and Conclusions of Law

Under “When Request for Findings of Fact Should Be Made: Possession,” the second paragraph was added.

Under “Effect of Trial Court’s Failure to File Findings of Fact and Conclusions of Law after Proper Request,” the citation to A.W.M. and related discussion were added at the end of the Comment.

§ 26.6Findings of Fact and Conclusions of Law

Under “Possession,” references to Tex. Fam. Code § 153.3171 and the citation to Z.G. and related discussion were added.

§ 26.13Types of Appeals Available Other than Regular Appeal

Under “Restricted Appeal: Participation in trial,” the citation to S.W. was added in the second paragraph.

§ 26.18Costs of Appeal—Indigence

Under “Filing Fees in Appellate Court: If statement was filed in trial court,” the discussion of Tex. R. Civ. P. 145 in the first paragraph was revised to reflect amendment of that rule.

Under “Preparation of Appellate Record,” the discussion was revised to reflect amendment of Tex. R. Civ. P. 145.

§ 26.19Appellate Record

Under “Reporter’s Record,” the citation to De Vega and related discussion were added in the second paragraph.

 

Chapter 27Mandamus

§ 27.11Alternative Dispute Resolution

Under “Mediated Settlement Agreements,” the citations to Willeford and Bouajram and related discussion were added.

§ 27.12Appellate Court’s Mandate

This section was added.

§ 27.18Court-Ordered Representatives

This section was added.

§ 27.21Exclusion of Experts

This section was added.

§ 27.22Grandparent and Other Third-Party Possession and Access

The citation to B.B. and related discussion were added in the second paragraph.

§ 27.26Jurisdiction

Under “Standing,” the citation to Torres was added.

§ 27.33Temporary Orders

The last two paragraphs (citing Chesser and O’Connor) were added.

§ 27.34Temporary Orders Pending Appeal

The citation to Carter-Faughtenbery was added in the second paragraph.

§ 27.37Venue

Under “Suit Affecting the Parent-Child Relationship,” the last two sentences in the second paragraph, including the citations to Tex. Fam. Code § 155.204(c) and Paredes, were added.

The sixth paragraph (beginning “Under the UCCJEA”) was added.

 

Chapter 31Enforcement—Property

§ 31.21Clarification Order

The citation to D.N.P. was added in the first paragraph.

 

Chapter 32Enforcement—Spousal Maintenance and Alimony

§ 32.1Filing Suit to Enforce

The last sentence was revised to reflect the enactment of Tex. Fam. Code ch. 8, subch. H.

§ 32.2Limitations

The citation to Wilson and related discussion were added in the first paragraph.

§ 32.22Withholding for Spousal Maintenance and Child Support

The second sentence was added in the second paragraph to reflect the enactment of Tex. Fam. Code § 8.062.

§ 32.41QDRO for Payment of Spousal Maintenance Generally

This section was added to reflect the enactment of Tex. Fam. Code § 8.351.

 

Chapter 33Enforcement—Child Support

§ 33.12Limitations

Under “Confirmation of Arrearages,” the first sentence of the first paragraph was revised to reflect the amendment of Tex. Fam. Code § 157.005.

§ 33.17Attorney’s Fees

In the third paragraph, the citations to C.C.E. and Daves and related discussion were added.

In the second paragraph following the Comment (beginning “When a party fails”), the citation to A.S.M and related discussion were added.

§ 33.53Confirmation of Arrearages

The first paragraph was revised to reflect the amendment of Tex. Fam. Code § 157.263.

§ 33.55Enforcement of Medical or Dental Support Order

The second paragraph was added.

§ 33.76QDRO for Payment of Child Support Generally

This section was added to reflect the enactment of Tex. Fam. Code § 157.501.

§ 33.91Claim against Abandoned Property

The second paragraph was revised to reflect the amendment of Tex. Prop. Code § 74.501.

 

Chapter 34Enforcement—Possession and Access

§ 34.7Clear and Specific Order

The citation to Janson was added in the first paragraph.

The third paragraph was added.

§ 34.16Affirmative Defenses

The second paragraph was added.

 

Chapter 35Contempt

§ 35.13Clear and Specific Terms

The citation to J.J.R.S. and related discussion were added in the first paragraph.

The second paragraph was added.

 

Chapter 36Physical Possession of Child

§ 36.22Who May Bring Suit

The third paragraph was substantially revised.

 

Chapter 40Original Suit Affecting the Parent-Child Relationship

§ 40.12Possessory Conservatorship or Access to Child

The eighteenth paragraph (beginning “Alternative beginning and ending times”) was substantially revised, and the last sentence was added to the next paragraph, to reflect the enactment of Tex. Fam. Code § 153.3171.

§ 40.17Temporary Orders

The fourth paragraph (beginning “A court may not render”) was added.

§ 40.18Jury

This section was revised to reflect the amendment of Tex. Fam. Code § 105.002(c).

§ 40.19Child Custody Evaluation

The citations to Gopalan and Ortegon were added in the first paragraph.

 

Chapter 41Modification of Texas Orders

§ 41.2Standing

In the second paragraph, the first sentence was revised.

§ 41.9:1Grounds for Modification of Order Establishing Conservatorship or Possession and Access

The last paragraph was added to reflect the enactment of Tex. Fam. Code § 153.3171.

§ 41.9:4Presumptions in Modification Suits

The last paragraph was revised to reflect the enactment of Tex. Fam. Code § 156.106.

 § 41.9:5Material Change of Circumstances

In the first paragraph, the citation to A.M. and related discussion were added.

In the third paragraph, the citation to Smith and related discussion were added.

In the fourth paragraph, the citation to A.T.E. and related discussion were added.

The contents of the tenth paragraph (beginning “Examples of changed circumstances”) were replaced.

The contents of the nineteenth paragraph (beginning “In a modification proceeding”) were replaced.

“Death of a Conservator” was added.

§ 41.10Grounds: Child Support

Under “Material and Substantial Change,” the third paragraph was added.

The fourth paragraph was added to reflect the enactment of Tex. Fam. Code § 156.007.

In the sixth paragraph, the citations to H.S.N. and Radler and related discussion were added.

In the sixth paragraph following the Comment (beginning “Incarceration of a child support obligor”), the first sentence was added to reflect the amendment of Tex. Fam. Code § 156.401.

Under “Calculation of Child Support,” the first paragraph was added.

Under “Intentional Unemployment or Underemployment,” the first paragraph was added to reflect the amendment of Tex. Fam. Code § 154.066.

“QDRO for Child Support” was added.

§ 41.11Temporary Orders

This section was substantially revised.

§ 41.12Habeas Corpus

The first paragraph was revised to reflect the enactment of Tex. Fam. Code § 156.106.

§ 41.13Jury

The first two paragraphs were revised to reflect the amendment of Tex. Fam. Code § 105.002.

§ 41.31Spousal Maintenance

The first three paragraphs were revised and the fourth paragraph was added to reflect the amendment of Tex. Fam. Code § 8.057.

The eighth paragraph (beginning “There is no authority”) was added.

“Withholding from Earnings” and “QDRO for Spousal Maintenance” were added.

 

Chapter 42Transfer

§ 42.1Transfer of Venue

In the first paragraph, the citations to Leonard, Mathes, and Lovell-Osburn and related discussion were added.

§ 42.8Effect of Transfer

In the first paragraph, the citation to Bird was added.

The sixth and eighth paragraphs (beginning “Not later than the tenth working day” and “The clerk of the transferee court”) were revised, and the last paragraph was added, to reflect the amendment of Tex. Fam. Code § 155.207.

 

Chapter 43Interstate Proceedings

§ 43.3Jurisdiction Prerequisites Generally

The first two paragraphs were added.

§ 43.5Significant-Connection/Substantial-Evidence Jurisdiction

The fourth paragraph was added.

§ 43.11Inconvenient Forum

The citation to Seiler was added in the first paragraph.

Under “Determining Factors of Inconvenient Forum,” the last sentence of the introductory paragraph was revised, and the citations to T.B. and Minschke and related discussion were added in the last paragraph.

§ 43.14Notice Requirements

The last sentence was added to the first paragraph.

§ 43.16Registration of Out-of-State Child Custody Determinations

The last paragraph was added.

§ 43.18Other Provisions of UCCJEA

Under “Communication between Courts,” the citation to Seiler and related discussion was added in the first paragraph.

§ 43.42Enforcement of Support Order after Registration

Under “Notice of Registration of Order,” the second paragraph was revised to reflect the amendment of Tex. Fam. Code § 159.605.

Under “Procedure to Contest Validity or Enforcement of Registered Support Order,” the first paragraph was revised to reflect the amendment of Tex. Fam. Code § 159.605.

 

Chapter 44Grandparents and Other Nonparents

§ 44.1Original Standing to File Original Suit

The citations to H.L. and M.S.J. and related discussion were added in the fourth paragraph (beginning “In addition to the general standing”).

The seventh, ninth, and tenth paragraphs (beginning “Failure to plead standing,” “Grandparents’ suit was dismissed,” and “Foster parents cannot rely”) were added.

§ 44.2Constitutional Challenges to Standing

The last paragraph was added.

§ 44.3The Fit-Parent Presumption

This section was added.

§ 44.6Possessory Conservatorship

The third and fourth paragraphs (beginning “When there is no evidence” and “A parent is entitled”) were added.

 

Chapter 50Termination

§ 50.3Indian Child Welfare Act

The discussion of Brackeen in the Important Note was updated.

§ 50.27Voluntary Termination

The citation to C.J.C. was added in the second paragraph.

§ 50.32Appointments in Termination Suits by Governmental Entity

Under “Duration of Appointment,” the first paragraph was revised to reflect the amendment of Tex. Fam. Code § 107.016.

§ 50.33Appointments in Termination Other Than Suits by Governmental Entity

The citation to K.M.M. and related discussion were added in the first paragraph.

§ 50.42Attack on Termination Order

The citations to K.M.L. and D.E.H. and related discussion were added in the second paragraph.

§ 50.51Reinstatement of Parental Rights Generally

This section was added to reflect the enactment of Tex. Fam. Code ch. 161, subch. D.

§ 50.52Who May Bring Suit

This section was added to reflect the enactment of Tex. Fam. Code § 161.302.

§ 50.53Required Circumstances

This section was added to reflect the enactment of Tex. Fam. Code § 161.302.

§ 50.54Petition

This section was added to reflect the enactment of Tex. Fam. Code § 161.302.

§ 50.55Hearing and Findings

This section was added to reflect the enactment of Tex. Fam. Code § 161.303.

§ 50.56Order

This section was added to reflect the enactment of Tex. Fam. Code § 161.304.

 

Chapter 51Adoption of Child

§ 51.30Transfer of Permanent Physical Custody of Adopted Child

The first paragraph was revised.

 

Chapter 54Parentage

§ 54.15Who May Bring Suit

The sixth paragraph (beginning “In In re A.E.R.”) was added.

§ 54.16Denial of Parental Presumption

The citation to A.M.S. was added in the fourth paragraph.

 

Chapter 61Miscellaneous Litigation

§ 61.3Change of Name of Adult

In the second paragraph, the last sentence was added to reflect the amendment of Tex. Fam. Code § 45.102.

In the fourth paragraph, the last sentence was added to reflect the amendment of Tex. Fam. Code § 45.103.

In the sixth paragraph, the next-to-last sentence was added to reflect the amendment of Tex. Fam. Code § 45.103.

 

Chapter 64Retrieval of Personal Property

§ 64.1Jurisdiction for Writ

This section was added to reflect the amendment of Tex. Prop. Code § 24A.002.

§ 64.2Application for Writ

This section was added to reflect the amendment of Tex. Prop. Code § 24A.002.

§ 64.3Writ

This section was added to reflect the amendment of Tex. Prop. Code § 24A.002.

§ 64.4Temporary Ex Parte Writ

This section was added to reflect the amendment of Tex. Prop. Code § 24A.0021.

§ 64.5Entry and Retrieval

This section was added to reflect the amendment of Tex. Prop. Code § 24A.003.

§ 64.6Review

This section was added to reflect the amendment of Tex. Prop. Code § 24A.006.

Changes to Forms—May 2022

 

Chapter 2Attorney-Client Relationship and Communications

Form 2-2Employment Contract

Part I was substantially revised and expanded.

Form 2-6Client Information

The paragraph entitled “Notice of Confidentiality” was revised.

Citizenship/Immigration Status was added in items 1. and 5.

Emergency Contact was added as item 3., and subsequent items were renumbered.

The parenthetical “(last 3 digits)” was deleted in items 1., 5., and 9.

In item 10., some types of information were deleted from the inquiry.

In item 14., the inquiry about emergency contact was deleted.

Form 2-19Letter to Client Regarding Initial Disclosure Requirements

This form was added.

Form 2-20Letter to Client Regarding Spoliation of Evidence

This form was added.

Form 2-21Letter to Client Before Mediation

This form was added.

 

Chapter 3Divorce Pleadings

Form 3-1Original Petition for Divorce

In ¶ 11.K.3., the last two sentences were added.

In ¶ 11.K.4., the last sentence was added.

In ¶11.K.5., the second bracketed alternative was added.

11.K.6. was added.

In ¶11.K.18., minor amendments were made in the third sentence.

In ¶11.K.19., the word “of” was added in the last phrase in the first sentence.

In ¶¶19.B. and 21.B., item 5. was revised.

 

Form 3-3Temporary Restraining Order and Order Setting Hearing for Temporary Orders

In ¶ 1.A., item 37. was amended.

Form 3-4Notice of Hearing for Temporary Orders and Order to Appear

In ¶ 1., item 37. was amended.

 

Chapter 4Divorce—Temporary Orders

Form 4-3Temporary Orders

In ¶ 4.D.2.a., the paragraphs identified as “Geographic Area for Primary Residence” were deleted.

In ¶ 4.D.2.c., item 1. was revised.

In ¶ 4.D.2.d., item 10. was revised.

¶¶ 4.D.2.f. and 4.D.3. were added.

In ¶ 4.D.4., the words “or renewal” were added in the second paragraph.

In ¶ 4.D.5., the second paragraph was revised.

In ¶ 4.E.2., items 2. and 3. were revised.

In ¶ 4.E.3., the word “of” was added in the last phrase in the first sentence.

In ¶ 4.F.4., the second item 4. was added.

In ¶ 4.M., items 4. and 5. were revised.

In ¶ 5.J., the second paragraph was revised.

 

Chapter 5Discovery

Form 5-28Suggested Language for Production of Employment Records

Item 5. was revised, items 6., 7., and 8. were added, and former item 6. was renumbered.

Form 5-38Request for Entry upon Property

This form was added.

Form 5-39Motion for Entry upon Property

This form was added.

Form 5-40Order on Motion for Entry upon Property

This form was added.

Form 5-45Pattern Interrogatories—Conservatorship

Items 2. and 3. were revised, and item 19. was added.

 

Chapter 6Information Gathering and Third-Party Notices

Form 6-51Retirement Benefits Checklist

This form was completely revised.

 

Chapter 7Inventory and Appraisement

Form 7-1Inventory and Appraisement

Item 3. was added, and subsequent items were renumbered.

Former item 28. (Sole and Joint Liabilities) was deleted; the section “Sole and Joint Liabilities,” comprising items 33. through 40., was added; and subsequent items were renumbered.

Under “Verification,” the last two paragraphs were added.

 

Chapter 8Ancillary Motions and Proceedings

Form 8-58Motion to Exclude Expert Witness

This form was added.

Form 8-59Order on Motion to Exclude Expert Witness

This form was added.

Form 8-60Motion to Authorize Presence of Qualified [Facility/Therapy] Dog

This form was added.

Form 8-61Order on Motion to Authorize Presence of Qualified [Facility/Therapy] Dog

This form was added.

 

Chapter 13Court-Appointed Representatives

Form 13-2Original Answer Filed by Attorney Ad Litem for Respondent Cited by [Publication/Substituted Service]

The word “costs” was added in paragraph 2. and in the prayer.

Form 13-5Motion for Appointment of [Attorney Ad Litem/Guardian Ad Litem/Amicus Attorney] for Child[ren]

The word “costs” was added in the second and third paragraphs.

Form 13-6Order Appointing Attorney Ad Litem for Child[ren]

The word “costs” was added in the first sentence of the final paragraph.

Form 13-8Order Appointing Amicus Attorney Ad Litem

The word “costs” was added in the first sentence of the final paragraph.

Form 13-9[Guardian Ad Litem/Attorney Ad Litem/Amicus Attorney]’s Original Answer in Suit Affecting the Parent-Child Relationship

The word “costs” was added in the title and both paragraphs in paragraph 3.

Form 13-10Motion for Additional Deposit to Secure Fees

The word “costs” was added in the second and third sentences in the second paragraph, and the fifth paragraph was revised.

Form 13-11Order for Deposit of Additional Fees

The word “costs” was added in the second and third paragraphs.

Form 13-12Expense Report of [Attorney Ad Litem/Guardian Ad Litem/Amicus Attorney]

The form was substantially revised.

 

Chapter 15Collaborative Law

Form 15-12Collaborative Law Settlement Agreement

The second and third paragraphs in paragraph 14. were added.

 

Chapter 16Parenting Plans and Parenting Coordinators

Form 16-1Parenting Plan

Both provisions for Monday holidays were revised to add the option of an ending time at 8:00 AM on Tuesday.

Form 16-2Checklist of Other Possible Parenting Plan Provisions

Under “Injunctions,” both provisions concerning consumption of alcohol were revised.

 

Chapter 17Protective Orders

Form 17-1An Application for a Protective Order

Paragraph 11. was added, and subsequent paragraphs were renumbered.

Form 17-2Temporary Ex Parte Protective Order

The next-to-last paragraph in ¶ 2. and the fourth paragraph in ¶ 3. were added.

Form 17-3Final Protective Order

¶ 2.C. was revised.

¶ 8. and the fourth paragraph in ¶ 16. were added.

Form 17-21Order to Separate Wireless Telephone Service Account

This form was added.

 

Chapter 18Alternative Dispute Resolution and Informal Settlement

Form 18-17Mediated Settlement Agreement

The second and third paragraphs in 14. were added.

Form 18-51Mediated Settlement Agreement

The second and third paragraphs in 13. were added.

 

Chapter 19Trial Proceedings

Form 19-6Suggested Division of Community Property

Items 26.1 and 26.2 were added, and subsequent items were renumbered.

 

Chapter 20Attorney’s Fees

Form 20-1Petition in Intervention for Attorney’s Fees

Paragraph 4. was added, and subsequent paragraphs were renumbered.

The initial phrases in paragraphs 5., 6., and 7. were revised.

The prayer was revised.

 

Chapter 23Divorce—Decrees and Agreements Incident to Divorce

Form 23-1Final Decree of Divorce

In ¶¶ 7.A.and 7.B., the finding of date of marriage was added.

Former ¶ 10.A.7. was deleted.

In ¶ 10.B.5., item 1. was revised.

¶¶ 10.C. and 10.D. were added.

In ¶ 10.E., the words “or renewal” were added in the second paragraph.

In ¶ 10.G., the second paragraph was revised.

In ¶¶ 10.H.1.c. and 10.H.1.d., the second paragraph in item 2. was revised to include an ending time at 8:00 A.M. on Tuesday.

In ¶ 10.H.1.g., in the second paragraph of item 1. and the second paragraph of the second alternative for item 2., the phrase “child is not in school” was changed to “child is not physically attending school.”

In ¶ 10.H.6., items 2. and 3. were revised.

In ¶ 10.H.7., the word “of” was added in the last phrase in the first sentence.

In ¶ 10.I.4., the second item 4. was added.

In ¶ 10.I.12.a., in the definition of “furnish,” punctuation was added at the ends of items, and the word “or” was added at the end of item e.

In ¶ 10.I.12.f., the text of items 10.I.12.f.(1)–(4) replaced the text formerly preceding current ¶ 10.I.12.f.(5).

In ¶ 10.M., the second paragraph was revised.

¶ 11.B.1.f.(3) was added, and (4), (5), and (6) were revised.

¶ 11.B.1.g. was revised.

In ¶ 11.C.1., the word “timely” was added in the first paragraph.

¶ 11.C.1.a. was substantially revised and expanded.

Form 23-6Agreement Incident to Divorce

¶ 2.B.6.c. was added, and d., e., and f. were revised.

¶ 2.B.7. was revised.

In ¶ 2.D., the word “timely” was added in the first paragraph.

¶ 2.D.1. was substantially revised and expanded.

 

Chapter 24Closing Documents

Form 24-4Special Warranty Deed with Encumbrance for Owelty of Partition

The last paragraph was added.

Form 24-7Deed of Trust to Secure Assumption [Without Maturity Date]

Paragraphs E.13. and E.14. were added.

Form 24-37Deed of Trust to Secure Assumption [With Maturity Date]

This form was added.

 

Chapter 25Employment and Retirement Benefits

Form 25-1Letter to Plan Administrator

This form was substantially revised.

Form 25-2QDRO Fact Sheet for the Plan

This form was deleted.

Form 25-3Qualified Domestic Relations Order [Private Retirement Plan—Defined Benefit—Separate-Interest]

In ¶ 1., the second paragraph was revised.

In ¶ 4., the last two paragraphs were deleted.

In ¶ 6., the first two paragraphs were added.

Former ¶ 7. (Preretirement Survivor Annuity) was deleted.

In ¶ 8., the third paragraph was deleted.

Former ¶ 18. (Documentation and Information) was deleted.

Form 25-4Qualified Domestic Relations Order [Private Retirement Plan—Defined Benefit—Shared-Interest]

In ¶ 1., the second paragraph was revised.

In ¶ 4., the last two paragraphs were deleted.

In ¶ 6., the first two paragraphs were added.

Former ¶ 7. (Preretirement/Postretirement Survivor Annuity) was deleted.

¶ 8. was substantially revised.

In ¶ 9.A.2., the last clause in the first sentence was deleted.

In ¶ 10., the last sentence in the second paragraph was deleted.

Former ¶¶ 18. (Documentation and Information) and 19. (Application of the Order) were deleted.

Form 25-5Qualified Domestic Relations Order [Private Retirement Plan—Defined Contribution]

In ¶ 1., the second paragraph was revised.

In ¶ 4., the last two paragraphs were deleted.

In ¶ 5.B., the first sentence of the first paragraph was revised.

¶ 7. was substantially revised.

In ¶ 8., the last phrase, “if allowed by the Plan,” was deleted.

Former ¶¶ 14. (Effect of Plan Termination) and 16. (Documentation and Information) were deleted.

Form 25-22Letter Forwarding Court Order Acceptable for Processing

The address was updated.

Form 25-23Order Dividing Railroad Retirement Benefits

The title of the form was revised.

In ¶ 2., item 1. and the first paragraph of item 2. were revised.

In ¶ 4., two items of information were deleted.

¶ 6.B. was revised.

¶ 6.C. was added.

¶ 6.D. was completely revised.

In ¶ 6.E., the last sentence was revised.

Former ¶ 8. (Employee Constructive Trustee) was deleted.

¶ 11. was revised.

Form 25-24Letter Forwarding Court [Decree/Order] Dividing Railroad Retirement

The title of the form was revised.

The address, the “Re:” segment, and the first paragraph were revised, and one item of information pertaining to the employee was deleted.

The next-to-last paragraph was revised.

Form 25-31Military Retirement Pension Division Order

In the paragraph entitled “Application for Direct Payment of Retired Pay,” the words “disposable military” were added in the first sentence.

Under “Survivor Benefit Plan,” the first sentence of the sixth paragraph was deleted.

Form 25-42Letter Requesting Retirement Benefits Be Frozen

This letter (formerly Letter to Pension Trustee—Notice of Entitlement) was completely revised.

 

Chapter 26Posttrial Proceedings and Appeals

Form 26-9Request for Findings in Possession Order

The third paragraph was revised.

Form 26-10Request for Findings in Child Support Order

Item 3. was added, and subsequent items were renumbered.

The second item 5. was added.

Form 26-13Findings of Fact and Conclusions of Law

In the first paragraph, the reference to section 153.254 was deleted.

In the findings of fact, items 9., 10., 17., 18., the second item 25., items 27.–47., items 105.–109., and items 112.–115. were added, and item 110. was revised. Various items were renumbered as needed.

Headings preceding findings of fact 17., 27., 29., 30., 31., 32., 33., 38., 41., 112., and 114. were added.

In the conclusions of law, the fourth item 6., items 7.–9., items 12.–16., and items 25.–29. were added, and various items were renumbered as needed.

Headings preceding conclusions of law 8., 10., 12., 14., 16., 25., 28., and 29. were added.

 

Chapter 32Enforcement—Spousal Maintenance and Alimony

Form 32-1Petition for Enforcement of Spousal Maintenance and Order to Appear

Paragraph 10. was added, and subsequent paragraphs were renumbered.

Form 32-3Order of Enforcement by Contempt and Suspension of Commitment (Spousal Maintenance)

The paragraph entitled “Qualified Domestic Relations Order” was added.

Form 32-6Order Holding Respondent in Contempt and for Commitment to County Jail (Spousal Maintenance)

The paragraph entitled “Qualified Domestic Relations Order” was added.

Form 32-11Order of Income Withholding for Spousal Maintenance

Paragraph 1. under “Calculating Disposable Earnings” was revised.

 

Chapter 33Enforcement—Child Support

Form 33-3Motion for Enforcement of Child Support Order and Order to Appear

Paragraph 10. was revised.

Paragraph 14. was added, and subsequent items were renumbered.

Paragraph 15. was revised.

In the Order to Appear, the text ordering production (formerly following the first paragraph) was deleted.

Form 33-6Order Holding Respondent in Contempt for Failure to Pay Child Support, Granting Judgment for Arrearages, and Suspending Commitment

Both paragraphs under “Findings” were revised.

Under “Contempt Findings and Findings on Arrearages,” the second, third, fourth, eighth, and ninth paragraphs were revised.

Under “Civil Contempt,” items 2. and 3. were added.

Under “Suspension of Commitment [and Community Supervision],” item 5. was revised.

Under “Order for Withholding and Credit for Amounts Withheld,” the first, third, and sixth paragraphs were revised.

Under “Payment of Child Support and Child Support Arrearages,” the first paragraph was revised.

The paragraph entitled “Qualified Domestic Relations Order” was added.

The text under “Attorney’s Fees” was revised.

Form 33-9Order Holding Respondent in Contempt for Failure to Pay Child Support, Granting Judgment, and for Commitment to County Jail

Under “Findings,” the first two paragraphs were revised.

Under “Contempt Findings and Findings on Arrearages,” the second, third, fourth, eighth, and ninth paragraphs were revised.

Under “Civil Contempt,” items 2. and 3. were added.

The former paragraphs entitled “Attorney’s Fees” and “Costs” were deleted.

Under “Order for Withholding and Credit for Amounts Withheld,” the first, third, and sixth paragraphs were revised.

Under “Payment of Child Support and Child Support Arrearages,” the first paragraph was revised.

The former paragraph entitled “Payment of Attorney’s Fees and Costs” was deleted.

The paragraphs entitled “Qualified Domestic Relations Order,” “Attorney’s Fees,” and “Costs” were added.

Form 33-21Motion to Confirm Child Support Arrearage

In paragraph 6., the paragraphs referring to medical support and dental support were added.

In paragraph 7., the second and third paragraphs were added.

Paragraph 8. was revised.

Paragraph 9. was added, and subsequent paragraphs were renumbered.

Form 33-22Judgment for Child Support Arrearage

Under “Findings,” the first and last paragraphs were revised.

The former paragraphs entitled “Attorney’s Fees” and “Costs” were deleted.

Under “Order for Withholding and Credit for Amounts Withheld,” the first, third, and sixth paragraphs were revised.

Under “Payment of Child Support and Child Support Arrearages,” the first paragraph was revised.

The former paragraph entitled “Payment of Attorney’s Fees and Costs” was deleted.

The paragraphs entitled “Qualified Domestic Relations Order,” “Attorney’s Fees,” and “Costs” were added.

Form 33-23Order to Withhold Income for Costs and Fees

Paragraph 1. under “Calculating Disposable Earnings” was revised.

 

Chapter 34Enforcement—Possession and Access

Form 34-6Order of Enforcement by Contempt and Suspension of Commitment (Possession or Access)

Under “Suspension of Commitment [and Community Supervision],” former items 10.–12. were deleted.

 

Chapter 40Original Suit Affecting the Parent-Child Relationship

Form 40-1Original Petition in Suit Affecting the Parent-Child Relationship

In ¶¶ 11.C. and 11.D., the last two sentences were added.

In ¶ 11.E., the second bracketed alternative was added.

¶ 11.F. was added.

In ¶¶ 11.N.1. and 11.N.2., minor amendments were made in the third sentence.

In ¶ 11.O., the word “of” was added in the last phrase in the first sentence.

In ¶ 14.A., item 5. was revised.

¶ 15.E. was revised.

 

Form 40-3Temporary Restraining Order and Order Setting Hearing for Temporary Orders

¶ 1.E. was revised.

 

Form 40-4Notice of Hearing for Temporary Orders and Order to Appear

¶ 1.E. was revised.

 

Form 40-5Temporary Orders in Suit Affecting the Parent-Child Relationship

Former ¶ 4.B.1.f. was deleted.

In ¶ 4.B.3., item 1. was revised.

In ¶ 4.B.4.a., item 10. was revised.

¶ 4.B.6. and 4.B.7. were added.

In ¶ 4.B.8., the words “or renewal” were added in the second paragraph.

In ¶ 4.B.9., the second paragraph was revised.

In ¶ 4.C.2.a. and 4.C.2.b., items 2. and 3. were revised.

In ¶ 4.C.3., the word “of” was added in the last phrase in the first sentence.

In ¶ 5.D., the second item 4. was added.

In ¶ 13., the second paragraph was revised.

In ¶ 15., item 5. was revised.

 

Form 40-6Order in Suit Affecting the Parent-Child Relationship

Former ¶ 8.B.1.f. was deleted.

In ¶ 8.B.3., item 1. was revised.

In ¶ 8.B.4.a., item 10. was revised.

¶¶ 8.B.6. and 8.B.7. were added.

In ¶ 8.B.8., the words “or renewal” were added in the second paragraph.

In ¶ 8.B.10., the second paragraph was revised.

In ¶¶ 8.C.2.a. and 8.C.2.b., items 2. and 3. were revised.

In ¶ 8.C.3., the word “of” was added in the last phrase in the first sentence.

In ¶ 9.D., the second item 4. was added.

In ¶ 9.L.1., in the definition of “furnish,” punctuation was added at the ends of items, and the word “or” was added at the end of item e.

In ¶ 9.L.6., the text of items 9.L.6.a–9.L.6.d. replaced the text formerly preceding current ¶ 9.L.6.e.

In ¶ 13., the second paragraph was revised.

 

Chapter 41Modification of Texas Orders

Form 41-1Petition to Modify Parent-Child Relationship

¶ 11.E. was added.

In ¶¶ 11.H.3.a. and 11.H.3.b., minor amendments were made in the third sentence.

In ¶ 11.H.4., the word “of” was added in the last phrase in the first sentence.

In ¶ 11.I., the second bracketed alternative was added.

¶ 11.J. was added.

In ¶¶ 12.A.1. and 12.A.2., the second “include if applicable” item (concerning incarceration for 180+ days) was added.

In ¶ 14.A., item 5. was revised.

¶ 15.E. was revised.

 

Form 41-7Temporary Restraining Order and Order Setting Hearing for Temporary Orders

¶ 1.E. was revised.

 

Form 41-8Notice of Hearing for Temporary Orders and Order to Appear

¶ 1.E. was revised.

 

Form 41-9Temporary Orders in Suit to Modify Parent-Child Relationship

Former ¶ 4.B.1.f. was deleted.

In ¶ 4.B.3., item 1. was revised.

In ¶ 4.B.4.a., item 10. was revised.

¶¶ 4.B.6. and 4.B.7. were added.

In ¶ 4.B.8., the words “or renewal” were added in the second paragraph.

In ¶ 4.B.9., the second paragraph was revised.

In ¶¶ 4.C.2.a. and 4.C.2.b., items 2. and 3. were revised.

In ¶ 4.C.3., the word “of” was added in the last phrase in the first sentence.

In ¶ 5.D., the second item 4. was added.

In ¶ 13., the second paragraph was revised.

In ¶ 15., items 4. and 5. were revised.

 

Form 41-10Order in Suit to Modify the Parent-Child Relationship

Former ¶ 8.B. was deleted.

Former ¶ 10.B.1.f. was deleted.

In ¶ 10.B.3., item 1. was revised.

In ¶ 10.B.4.a., item 10. was revised.

¶¶ 10.B.6. and 10.B.7. were added.

In ¶ 10.B.8., the words “or renewal” were added in the second paragraph.

In ¶ 10.B.10., the second paragraph was revised.

In ¶¶ 10.C.2.a. and 10.C.2.b., items 2. and 3. were revised.

In ¶ 10.C.3., the word “of” was added in the last phrase in the first sentence.

In ¶ 12.D., the second item 4. was added.

In ¶ 12.L.1., in the definition of “furnish,” punctuation was added at the ends of items, and the word “or” was added at the end of item e.

In ¶ 12.L.6., the text of items 12.L.6.a–12.L.6.d. replaced the text formerly preceding current ¶ 12.L.6.e.

In ¶ 16., the second paragraph was revised.

 

Form 41-21Petition to Modify Spousal Maintenance

This form was added.

 

Form 41-22Respondent’s Original Answer [to Petition to Modify Spousal Maintenance]

This form was added.

 

Form 41-23Order in Suit to Modify Spousal Maintenance

This form was added.

 

Chapter 42Transfer

Form 42-4Order Transferring Suit Affecting Parent-Child Relationship

This form was substantially revised.

 

Chapter 43Interstate Proceedings

Form 43-13Notice of Registration of [Foreign] Support Order

In paragraphs 4. and 5., the phrase “within twenty days” was changed to “within thirty days.”

 

Chapter 44Grandparents and Other Nonparents

Form 44-1Petition in Intervention in Suit Affecting the Parent-Child Relationship

In ¶ 14.A., item 5. was revised.

¶ 15.E. was revised.

 

Chapter 45Military Duty of Conservator

Form 45-5Temporary Orders in Suit to Modify Parent-Child Relationship Based on Military Duty [Conservator with Right to Designate Residence]

In ¶ 5.B.3., the words “or renewal” were added in the second paragraph.

In ¶ 6.F., the second item 4. was added.

 

Form 45-6Temporary Orders in Suit to Modify Parent-Child Relationship Based on Military Duty [Conservator without Right to Designate Residence]

In ¶ 6.C., the second item 4. was added.

 

Chapter 51Adoption of Child

Form 51-1Original Petition for Adoption of [a] Child[ren]

¶ 9.B. was revised.

Form 51-2Order Granting Adoption

In ¶ 6., the first paragraph was revised.

 

Chapter 56Miscellaneous SAPCR and Other Child-Related Forms

Form 56-17Possession Order [Split Conservatorship]

In ¶ 3.A., the second paragraph in item 2. was revised to include an ending time at 8:00 A.M. on Tuesday.

 

Form 56-20Motion for Child Custody Evaluation

The fourth and sixth paragraphs were revised, and the fifth paragraph was added.

 

Form 56-24Order for Child Custody Evaluation

The fourth paragraph and the last sentence of the eighth paragraph were added.

 

Chapter 61Miscellaneous Litigation

Form 61-4Original Petition for Change of Name of Adult

Paragraph 3. was revised, and the second paragraph 8. was added.

The paragraph number was deleted from the prayer.

 

Form 61-5Order Granting Change of Name of Adult

Paragraph 13. and the second paragraph of the order (beginning “IT IS ORDERED that this order is confidential”) were added.

 

Chapter 63Property Agreements

Form 63-8Agreement to Convert Separate Property to Community Property

In paragraph 4.1., the third paragraph was added.

 

Form 63-10Community Interest Special Warranty Deed

This form was added.

 

Chapter 64Retrieval of Personal Property

Form 64-1Application for Writ Authorizing Entry and Property Retrieval

This form was added.

 

Form 64-2Order for Issuance of Temporary Ex Parte Writ Authorizing Entry and Property Retrieval

This form was added.

 

Form 64-3Order for Issuance of Writ Authorizing Entry and Property Retrieval

This form was added.

 

Form 64-4[Temporary Ex Parte] Writ Authorizing Entry and Property Retrieval

This form was added.