Form 33-9

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

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

On [date] the Court heard Movant’s Motion for Enforcement of Child Support Order.

Appearances

Movant, [name of movant], [include if applicable: friend of the Court,/[specify agency],]

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],

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

appeared in person and, having waived the right to counsel, announced ready for trial.

[Name], [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.

failed to appear, although duly notified.

Jurisdiction

The Court, after examining the record and the evidence and argument of counsel, 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 record of testimony was duly reported by [[name, address]/the court reporter for the [designation] Court].

Jury

The Court having found Respondent not entitled to a jury, all questions of fact and of law were submitted to the Court.

A jury was waived, and all questions of fact and of law were submitted to the Court.

A jury was selected, questions of fact were submitted to the jury, and a verdict was returned and duly filed.

Clarification of Prior Order

The Court finds that certain terms of the prior order of the Court are not specific enough to be enforced by contempt, that the prior order should be clarified, and that Respondent should be ordered to comply with the terms of the clarifying order no later than [date], which the Court specifically finds is a reasonable time for compliance.

IT IS ORDERED that the prior order of the Court is clarified as follows:

IT IS FURTHER ORDERED that all terms of the prior order that are not clarified in this order shall remain in full force and effect. IT IS FURTHER ORDERED that Respondent shall com­ply with the terms of the prior order that are clarified in this order no later than [date], after which these clarifying orders may be enforced by contempt.

Findings

The Court finds that on [date] Respondent was ordered to [make periodic payments of child support/pay attorney’s fees/pay court costs], 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 the exact language of the order to be enforced].

The Court finds that on [date] Respondent was ordered to [make periodic payments of child support/pay attorney’s fees/pay court costs], 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, the relevant portions of which are attached as Exhibit [exhibit number/letter].

The Court further finds that Respondent has failed to comply with the provisions of the order as follows.

Contempt Findings and Findings on Arrearages

The Court finds that Respondent has failed to pay [child support/attorney’s fees/court costs] as ordered to [name] [include if applicable: through [name of agency through which sup­port paid]] in the amounts and on the dates shown below:

The Court finds that Respondent was able to pay [child support/attorney’s fees/court costs] in the amounts and on the dates ordered as set out above and that Respondent is guilty of a separate act of contempt for each such separate failure to pay [child support/attorney’s fees/court costs] in the amounts ordered.

The Court further finds that on the day of this hearing Respondent had the ability to comply with the order of the Court by paying the [child support arrearages/attorney’s fees/court costs] set forth in violation[s] [number[s]] enumerated above.

[Include if applicable: The Court finds and confirms that the balance owed by Respon­dent on previously confirmed child support arrearages is $[amount], plus $[amount] in accrued interest on that amount.] The Court further finds and confirms that Respondent is in arrears 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 Respondent in the total amount of $[amount] for the arrearages and interest.

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

The Court finds that good cause exists for waiving attorney’s fees and costs for the fol­lowing reasons: [specify].

The Court finds that attorney’s fees and costs should not be assessed against Respon­dent because Respondent is involuntarily unemployed [and/or] disabled and lacks the finan­cial resources to pay attorney’s fees and costs.

The Court further finds that, at the time the motion requesting withholding from earn­ings for child support was filed, Respondent had been in arrears for an amount due for more than thirty days and the amount of the arrearages was an amount equal to or greater than that due for a one-month period.

The Court further finds that all [arrearages/arrearages and current child support/arrearages, attorney’s fees, and costs/arrearages, current child support, attorney’s fees, and costs] amounts should be withheld from Respondent’s earnings.

Relief Granted

IT IS ADJUDGED that Respondent, [name of respondent], is in contempt for each sep­arate violation enumerated above.

Criminal Contempt

IT IS ORDERED that punishment for each separate violation is assessed at a fine of [number] dollars ($[amount]) and confinement in the county jail of [county] County, Texas, for a period of [specify].

IT IS THEREFORE ORDERED that Respondent is committed to the county jail of [county] County, Texas, for a period of [number] days for each separate violation enumerated above.

IT IS ORDERED that each period of confinement assessed in this order shall run and be satisfied [concurrently/consecutively].

IT IS ORDERED that the sheriff of [county] County shall take custody of Respondent and commit [him/her] to the [county] County jail to serve the sentence for criminal contempt as set forth above.

Civil Contempt

IT IS ORDERED that Respondent, [name of respondent], shall be confined in the county jail of [county] County, Texas, until Respondent has complied with the following orders. IT IS ORDERED that Respondent—

1.pay [number] dollars ($[amount]), through [name of agency through which sup­port paid], as child support arrearage (including any accrued interest); and

2.pay [number] dollars ($[amount]), as costs of this proceeding, to [name], [the Dis­trict Clerk of [county] County, Texas/Movant/Movant’s attorney], at [address]; and

3.pay [number] dollars ($[amount]), as attorney’s fees in this proceeding, to [name] at [address].

IT IS ORDERED that the sheriff of [county] County shall take custody of Respondent and commit [him/her] to the [county] County jail until [he/she] has purged [himself/herself] of [his/her] contempt pursuant to the terms set forth above.

Judgment

IT IS ORDERED that [name] is granted a cumulative judgment for [child support arrearages/attorney’s fees/court costs], including accrued interest, against Respondent 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 order[s] of [the/this] Court [include if applicable: in Cause No. [number], styled “[style of case],” in the [designation] Court of [county] County, dated [date]].]

Attorney’s Fees

IT IS ORDERED that judgment is awarded to [name of attorney] in the amount of [number] dollars ($[amount]) for reasonable attorney’s fees, expenses, and costs, 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 those fees, expenses, costs, and interest, 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 for fees, expenses, and costs in [his/her] own name by any means available for the enforcement of child support, including contempt.

Costs

IT IS ORDERED that costs of court of [number] dollars ($[amount]) are taxed against Respondent, and [name of respondent], Respondent, is ORDERED to pay those costs, by cash, cashier’s check, or money order, to [name], [the District Clerk of [county] County, Texas/Movant/Movant’s attorney], at [address] on or before [time] on [date].

Order for Withholding and Credit for Amounts Withheld

IT IS ORDERED that all arrearages enumerated above [include if applicable: and all current child support amounts] shall be payable through a withholding from earnings for child support.

IT IS ORDERED that all attorney’s fees and costs awarded in this order shall be pay­able through a withholding from earnings for costs and fees.

IT IS FURTHER ORDERED that the withholding from earnings for child support [include if applicable: and the withholding from earnings for costs and fees] shall be binding on Respondent’s present employer and all subsequent employers.

On this date the Court authorized the issuance of an Income Withholding for Support [see form 9-3] [include if applicable: and an Order to Withhold Income for Costs and Fees [see form 33-23]]. The amounts to be withheld from Respondent’s disposable earnings are stated in that Income Withholding for Support [include if applicable: and that Order to Withhold Income for Costs and Fees], which [is/are] wholly incorporated by reference into this order.

Any employer of Respondent is ORDERED to begin withholding no later than the first pay period following the date on which the Income Withholding for Support [include if appli­cable: and the Order to Withhold Income for Costs and Fees] [is/are] served on the employer. The employer is ORDERED to continue to withhold income as long as Respondent remains in employment and child support [include if applicable: and attorney’s fees and costs] [is/are] due and payable.

IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of Respondent by the employer and paid in accordance with the order shall constitute a credit against the child support obligation [include if applicable: , attorney’s fees, and costs]. Pay­ment of the full amount of child support [include if applicable: , attorney’s fees, and costs] ordered paid by any prior court order and by this order through this withholding from earnings shall discharge the child support obligation [include if applicable: , attorney’s fees, and costs]. If the amount withheld from earnings and credited against the child support obligation [include if applicable: , attorney’s fees, and costs] is less than 100 percent of the amount ordered to be paid by that prior court order and by this order, the balance due remains an obli­gation of Respondent, and it is ORDERED that Respondent pay the balance due directly to the state disbursement unit specified below.

Order for Payment for Obligor Not Subject to Income Withholding

IT IS ORDERED that Respondent, [name of respondent], pay [number] dollars ($[amount]), by cash, cashier’s check, or money order, to [name], through the state disburse­ment unit specified below, on [day] of each [month/week], beginning [date] and continuing in the same amount and frequency on every [specify] thereafter, until Respondent has paid the full child support arrearage, including any accrued interest, of [number] dollars ($[amount]).

Payment of Child Support and Child Support Arrearages

IT IS ORDERED that all payments of child support shall be made through the state dis­bursement unit at Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, Texas 78265-9791, and thereafter promptly remitted to [name of party receiving] for the sup­port of the child[ren]. IT IS ORDERED that all payments shall be made payable to the Office of the Attorney General and include the ten-digit Office of the Attorney General case number (if available), the cause number of this suit, [name of parent paying]’s name as the name of the noncustodial parent (NCP), and [name of party receiving]’s name as the name of the custodial parent (CP). Payment options are found on the Office of the Attorney General’s website at https://www.texasattorneygeneral.gov/cs/payment-options-and-types.

IT IS ORDERED that each party shall pay, when due, all fees charged to that party by the state disbursement unit and any other agency statutorily authorized to charge a fee.

Payment of Attorney’s Fees and Costs

IT IS ORDERED that all payments of attorney’s fees and costs shall be made directly to [name of party entitled to ordered attorney’s fees and costs].

Change of Employment

IT IS ORDERED that Respondent and the employer shall notify this Court and Movant by U.S. certified mail, return receipt requested, of any change of address and of any termina­tion of employment. This notice shall be given no later than seven days after the change of address or the termination of employment. This notice or a subsequent notice shall also pro­vide the current address of Respondent and the name and address of [his/her] current employer, whenever that information becomes available.

Clerk’s Duties

IT IS ORDERED that, on the request of a prosecuting attorney, the title IV-D agency, the friend of the Court, a domestic relations office, [name of obligee], [name of obligor], or an attorney representing [name of obligee] or [name of obligor], the clerk of this Court shall cause a certified copy of the Income Withholding for Support [include if applicable: and the Order to Withhold Income for Costs and Fees] to be delivered to any employer.

Issuance of Process

IT IS ORDERED that all writs and other process necessary for the enforcement of this order be issued.

Relief Not Granted

All relief requested and not expressly granted is denied.

SIGNED on ________________________________.

   
JUDGE PRESIDING