Form 9-13

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Order [Terminating/Modifying] [Income Withholding/Order/Notice to Withhold/Writ of Withholding/Order for Withholding]

On [date] a hearing was held on the Petition to [Terminate/Modify] [Income Withholding/Order/Notice to Withhold/Writ of Withholding/Order for Withholding] filed by [name of petitioner], Petitioner.

Appearances

Petitioner, [name of petitioner],

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

did not appear in person but has agreed to the terms of this order as evidenced by Petitioner’s signature below.

Respondent, [name of respondent],

appeared in person and announced ready for trial.

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

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

although duly and properly cited, did not appear and wholly made default.

waived issuance and service of citation by waiver duly filed and did not otherwise appear.

has made a general appearance and was duly notified of trial but failed to appear and defaulted.

has agreed to the terms of this order as evidenced by Respondent’s signature below.

Jurisdiction

The Court, having examined the pleadings and heard the evidence and argument of counsel, finds that it has continuing, exclusive jurisdiction of this case and of all the parties and that no other court has continuing, exclusive jurisdiction. A jury was waived, and all mat­ters in controversy, including questions of fact and of law, were submitted to the Court. All persons entitled to citation were properly cited.

Record

A record of the testimony was waived with the consent of the Court.

A record of the proceeding was made by [[name, address]/the court reporter for the [designation] Court].

Findings

The Court finds that:

the child[ren] [name[s] of child[ren]] [has/have] reached the age of eighteen years and [is/are] no longer enrolled under chapter 25 of the Texas Education Code in an accredited secondary school in a program leading toward a high school diploma or under section 130.008 of the Education Code in courses for joint high school and junior college credit and complying with the minimum attendance requirements of subchapter C of chapter 25 of the Education Code or enrolled on a full-time basis in a private secondary school in a program leading toward a high school diploma and complying with the minimum attendance requirements imposed by that school.

the child[ren] [name[s] of child[ren]] [is/are] married.

the child[ren] [name[s] of child[ren]] [has/have] died.

the disabilities of the child[ren] [name[s] of child[ren]] have been otherwise removed for gen­eral purposes.

Petitioner and Respondent have [married/remarried] each other, and no nonparent or agency has been appointed conservator of the child[ren] under chapter 153 of the Texas Family Code.

Order

It is therefore ORDERED that the [Income Withholding/Order/Notice to Withhold/Writ of Withholding/Order for Withholding] [rendered/issued] on [date] is terminated.

It is therefore ORDERED that the [Income Withholding/Order/Notice to Withhold/Writ of Withholding/Order for Withholding] [rendered/issued] on [date] is modified.

On this date the Court authorized the issuance of an Income Withholding for Support. [See form 9-3.] The modified amounts to be withheld from Respondent’s disposable earnings are stated in that Income Withholding for Support, which is 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 is served on the employer. The employer is ORDERED to continue to withhold income as long as Respondent remains in employment and child support is due and payable.

Credit on Child Support Obligation

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. Payment of the full amount of child support ordered paid by any prior court order and by this order through this withholding from earnings shall dis­charge the child support obligation. If the amount withheld from earnings and credited against the child support obligation 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 as specified in the Income Withholding for Support.

Clerk’s Duties

IT IS ORDERED that, on the request of a prosecuting attorney, the title IV-D agency, the friend of the Court, Petitioner, or Respondent, the clerk of this Court shall cause a certified copy of the Income Withholding for Support to be delivered to any employer.

Attorney’s Fees

IT IS ORDERED that good cause exists to award [name of attorney] judgment in the amount of [number] dollars ($[amount]) for reasonable attorney’s fees, expenses, and costs incurred by [name of party], 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. Respondent is ORDERED to pay the fees, expenses, costs, and interest to [name of attorney] at [address] by cash, cashier’s check, or money order on or before [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 a judgment for debt.

Costs

All costs of court in this case are adjudged against [name], for which let execution issue.

IT IS ORDERED that [Petitioner/Respondent], [name], is awarded a judgment of [num­ber] dollars ($[amount]) against [Respondent/Petitioner], [name], for costs of court incurred in this case, with interest at [percent] percent per year compounded annually from the date the judgment is signed until paid, for which let execution issue.

IT IS ORDERED that costs of court are to be borne by the party who incurred them.

IT IS ORDERED that all costs of court expended in this case are taxed one-half against Petitioner, [name], and one-half against Respondent, [name], for which let execution issue.

Relief Not Granted

IT IS ORDERED that all relief requested in this case and not expressly granted is denied.

Date of Order

SIGNED on ________________________________.

This order judicially PRONOUNCED AND RENDERED in court at [city, county] County, Texas, on [date] and further noted on the court’s docket sheet on the same date, but signed on ___________________________________.

   
JUDGE PRESIDING

APPROVED AS TO FORM ONLY:

   
[Name]
Attorney for Petitioner
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]

   
[Name]
Attorney for Respondent
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]

   
[Name]
[Guardian Ad Litem/Attorney Ad Litem/       Amicus Attorney]
State Bar No.: [if applicable]
[E-mail address]
[Address]
[Telephone]
[Fax]

APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:

   
Petitioner

   
Respondent