Form 9-16

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Original Petition to Recover Child Support Payments Made in Excess of Child Support Order

1.Discovery

Discovery in this case is intended to be conducted under [level 1/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.Objection to Assignment of Case to Associate Judge

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.Parties

This suit is brought by [name of petitioner], Petitioner, who is a resident of [county] County, Texas. [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, [name of respondent], is a resident of [county] County, Texas.

4.Jurisdiction

This Court has jurisdiction of this suit and of the parties.

5.Person[s] Entitled to Citation

The [party/parties] entitled to notice [is/are] as follows:

1.[Name of respondent], who is Respondent to this suit.

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

No service is necessary at this time.

6.Order for Support

On [date] an order for child support was rendered in Cause No. [number], styled “[style of case]” in the [designation] Court of [county] County, in which Petitioner, as the obligor, was ordered to pay child support to Respondent, as the obligee. The order for child support has terminated. Petitioner is not in arrears.

7.Payments Made and Not Returned

The following child support payments were made in excess of the amount of support ordered:

Date: [date]

Amount: $[amount]

A total of $[amount] has been paid in excess of the amount of support ordered as of the filing of this petition, which Respondent has failed to return. It is anticipated that additional payments may be withheld and not returned before the date of hearing on this petition. Judg­ment should be granted against Respondent in the amount paid in excess of the amount of sup­port ordered, and Respondent should be ordered to return the payments by a date certain.

8.Attorney’s Fees and Costs

It was necessary for Petitioner to secure the services of [name], a licensed attorney, to prepare and prosecute this suit. Respondent should be ordered to pay reasonable attorney’s fees, expenses, and costs through trial and appeal, 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.

9.Prayer

Petitioner prays that citation and notice issue as required by law.

Petitioner prays for judgment against Respondent for child support paid in excess of the amount of support ordered and not returned of at least $[amount].

Petitioner prays for [include if applicable: attorney’s fees, expenses, costs, and interest as requested above and for] general relief.

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