Form 33-21

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Motion to Confirm Child Support Arrearage

This Motion to Confirm Child Support Arrearage is brought by [name of movant], Movant, [relationship or capacity]. [The last three numbers of Movant’s driver’s license num­ber are [numbers]./Movant has not been issued a driver’s license.] [The last three numbers of Movant’s Social Security number are [numbers]./Movant 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.]

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.Movant 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:

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

4.A motion to transfer under chapter 155 of the Texas Family Code has been filed with the Court simultaneously with this motion.

5.The parties entitled to notice are as follows:

a.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.

b.[Name], who is [the person entitled to receive payments on behalf of the child[ren]/[specify other interest in the litigation]] in the order sought to be enforced.

6.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 appears in the minutes of [this/the] Court and states in relevant part as follows: [quote portions of order].

6.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 appears in the minutes of [this/the] Court, the relevant portion[s] of which [is/are] attached as Exhibit [exhibit number/letter].

Respondent was ordered to pay regular child support of $[amount] per [period], begin­ning [date] and [frequency] thereafter. That amount and frequency of obligation remain unchanged to the date of this motion.

Respondent was ordered to pay medical support of $[amount] per [period], beginning [date] and [frequency] thereafter. That amount and frequency of obligation remain unchanged to the date of this motion.

Respondent was ordered to pay dental support of $[amount] per [period], beginning [date] and [frequency] thereafter. That amount and frequency of obligation remain unchanged to the date of this motion.

In the order described above, [name of respondent] was ordered to make all payments through [the child support state disbursement unit/[name and location of place where pay­ments are to be made]]. [Include if applicable: A copy of the record of child support payments maintained by the state disbursement unit is attached to this motion.]

7.Respondent has failed to pay child support as ordered. Respondent’s total arrear­age at the time of filing is $[amount] [include if applicable: , including $[amount] owed on previously confirmed arrearages and $[amount] on unpaid child support not yet confirmed].

Respondent has failed to pay medical support as ordered. Respondent’s total arrearage at the time of filing is $[amount] [include if applicable: , including $[amount] owed on previ­ously confirmed arrearages and $[amount] on unpaid medical support not yet confirmed].

Respondent has failed to pay dental support as ordered. Respondent’s total arrearage at the time of filing is $[amount] [include if applicable: , including $[amount] owed on previ­ously confirmed arrearages and $[amount] on unpaid dental support not yet confirmed].

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

There have been repeated violations of the court order, and future violations of a similar nature may occur before hearing. Movant requests the confirmation of arrearages, a judgment for the arrearages and interest, and interest on the judgment until paid. Movant requests the Court to order income withheld for the arrearages, attorney’s fees, court costs, and interest.

8.Respondent has been in arrears for an amount due for more than thirty days, and the amount of the arrearages is an amount equal to at least one month’s support. Movant requests the Court to order income withheld for [include all applicable: current child support/current medical support/current dental support] or to order a bond or security.

9.Movant requests the Court to issue a qualified domestic relations order for the payment of the [select all applicable: child support arrearage/medical support arrearage/dental support arrearage/current child support/current medical support/current dental support/attor­ney’s fees/costs/interest]. In addition, in order to ensure Movant receives the full amount awarded, Movant requests that this amount be adjusted upward to account for the 20 percent that will be automatically withheld by the retirement plan for taxes that are the responsibility of Respondent, and that Respondent be responsible for any fees charged by the plan adminis­trator to review the qualified domestic relations order.

10.It was necessary to secure the services of [name of attorney], a licensed attorney, to enforce and protect the child[ren]’s rights. 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. Movant requests postjudgment interest as allowed by law.

Movant prays that judgment be rendered against Respondent for any child support arrearage, interest, attorney’s fees, and costs.

Movant prays for general relief.

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