Form 25-43

Court orders dividing certain retirement benefits on divorce, such as benefits from military service or benefits under the Teacher Retirement System of Texas or the federal Thrift Savings Plan, are not enti­tled “qualified domestic relations orders.” This form may be reworded as appropriate for the postdi­vorce division of such benefits.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Original Petition [to Enter Postdivorce Qualified Domestic Relations Order/to Enter Amended Qualified Domestic Relations Order/for Clarification of Qualified Domestic Relations Order]

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.]

Preservation of Evidence: Respondent is put on notice to preserve and not destroy, con­ceal, or alter any evidence or potential evidence relevant to the issues in this case, including tangible documents or items in Respondent’s possession or subject to Respondent’s control and electronic documents, files, or other data generated by or stored on Respondent’s home computer, work computer, storage media, portable systems, electronic devices, online reposi­tories, or cell phone.

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.This suit is brought by [name of petitioner], Petitioner. [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.]

Respondent is [name of respondent].

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

No service is necessary at this time.

4.This court has acquired and retains continuing exclusive jurisdiction of the parties and property in this case as a result of a prior proceeding and pursuant to section[s] [include as applicable: 9.101/9.104/9.1045] of the Texas Family Code.

5.On [date] this Court signed a decree of divorce dissolving the marriage of Peti­tioner and Respondent. The decree disposed of the parties’ interest in Respondent’s retirement benefits and awarded Petitioner a portion of those retirement benefits.

No domestic relations order[s] permitting payment of benefits under [exact name[s] of plan[s]] to Petitioner as an alternate payee [was/were] signed. Petitioner requests the Court to sign [a] qualified domestic relations order[s] pertaining to [exact name[s] of plan[s]] [include if applicable: in the form[s] attached as Exhibit[s] [exhibit number[s]/letter[s]] [include if appli­cable: , which [has/have] been preapproved by the Plan Administrator[s],]] that effectuate[s] the division of property as set out in the decree of divorce.

The Plan Administrator of [exact name of plan] has determined that the domestic rela­tions order signed by the Court on [date] does not satisfy the requirements of a qualified domestic relations order. [Repeat for any other relevant plan.] Petitioner requests the Court to sign [an] amended qualified domestic relations order[s] pertaining to [exact name[s] of plan[s]] [include if applicable: in the form[s] attached as Exhibit[s] [exhibit number[s]/letter[s]] [include if applicable: , which [has/have] been preapproved by the Plan Administrator[s],]] that [satisfies/satisfy] the requirements of a qualified domestic relations order and effectu­ate[s] the division of property as set out in the decree of divorce.

The qualified domestic relations order pertaining to [exact name of plan] signed by the Court on [date] does not effectuate the substantive division in the decree of divorce. [Repeat for any other relevant plan.] Petitioner requests the Court to sign [an] amended qualified domestic relations order[s] pertaining to [exact name[s] of plan[s]] [include if applicable: in the form[s] attached as Exhibit[s] [exhibit number[s]/letter[s]] [include if applicable: , which [has/have] been preapproved by the Plan Administrator[s],]] that effectuate[s] the division of prop­erty as set out in the decree of divorce.

The qualified domestic relations order pertaining to [exact name of plan] signed by the Court on [date] states in relevant part as follows: [quote portions of order to be clarified]. Peti­tioner believes that the quoted portions of the order [do not provide for an acceptable form of division by the plan, as evidenced by Exhibit [exhibit number/letter]/are not clear enough to be enforced/[other basis for clarification request]] and requests that, if the Court so finds, the Court clarify the terms of the order to [explain clarification requested]. [Repeat for any other relevant plan.]

6.Petitioner requests the Court to make temporary orders requiring Respondent to execute, by a date certain, all releases necessary to obtain all information necessary to draft the appropriate documents, make the appropriate inquiries, and effectuate the transfer of Peti­tioner’s benefits [include if applicable: , including the release[s] attached as Exhibit[s] [exhibit number[s]/letter[s]]].

7.It was necessary to secure the services of [name of attorney], a licensed attorney, to enforce and protect the rights of [name of petitioner]. Respondent 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 Respondent 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 citation and notice issue as required by law, [include if applicable: that the Court make temporary orders as requested above,] that the Court enter the [qualified domestic relations order[s]/amended qualified domestic relations order[s]] requested above, [include if applicable: for clarification,] for attorney’s fees, expenses, costs, and interest, and for all further relief authorized by law.

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