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Chapter 33

Form 33-27

NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA

See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents.

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

Order for Forfeiture of Security for Failure to Comply with Order

On [date] the Court considered the Motion for Forfeiture of Security for Failure to Comply with Order of [name of movant], Movant.

Appearances

Include appropriate recitations concerning appearances. See form 21-15.

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.

Or

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

Findings

The Court finds that on [date] Respondent was ordered to make periodic payments of child support, in an order [include if applicable: in Cause No. [number], styled “[style of case],” in the [designation] Court of [county] County] that appears in the minutes of [this/the] Court [and states in relevant part as follows: [quote portions of order]/, the relevant portion[s] of which [is/are] attached as Exhibit [exhibit number/letter]]. Respondent was ordered to pay the sum of $[amount] per [period] beginning [date] for child support.

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]/, the relevant portion[s] of which [is/are] attached as Exhibit [exhibit number/letter]]. Respon­dent was ordered to [execute a bond/post security]. Such [bond/security] was paid through the registry of the Court on [date].

The Court finds that Respondent has failed to pay child support in the amount of $[amount].

The Court further finds that reasonable and necessary attorney’s fees, court costs, and expenses of $[amount] should be assessed against Respondent.

Relief Granted

Security or Bond

IT IS THEREFORE ORDERED that the [bond/security] of Respondent be forfeited, and it is further ORDERED that the registry of the Court pay to Movant [number] dollars ($[amount]) for child support, [number] dollars ($[amount]) for attorney’s fees, [number] dol­lars ($[amount]) for court costs, and [number] dollars ($[amount]) for expenses awarded to Movant from the forfeited [bond/security].

Attorney’s Fees, Court Costs, and Expenses

IT IS ORDERED that judgment is awarded to [name of attorney] in the amount of [number] dollars ($[amount]) for [include as applicable: reasonable and necessary attorney’s fees [of [number] dollars ($[amount])]/court costs [of [number] dollars ($[amount])]/expenses [of [number] dollars ($[amount])]], with interest at [percent] percent per year compounded annually from the date the judgment is signed until paid. The judgment, for which let execu­tion issue, is awarded against [name of respondent], Respondent, and Respondent is ORDERED to pay [full amount of fees awarded less amount ordered paid from security or bond] dollars ($[amount]), by cash, cashier’s check, or money order, directly to [name of attorney] at [address] on or before [time] on [date]. [Name of attorney] may enforce this judg­ment in [his/her] own name by any means available for the enforcement of child support, including contempt.

Relief Not Granted

All relief requested and not expressly granted is denied.

SIGNED on ________________________________.


JUDGE PRESIDING

If applicable, attach the exhibit(s) containing a copy (or copies) of the relevant portion(s) of the order(s).

Forms 33-28 through 33-30 are reserved.