Uncontested Divorce Houston Texas Children requires a form final decree that is the parties agreement. This standard form can be adjusted based on your facts. The form used below is a template that could be used on most divorces with children with minor changes to reflect the facts of your case.
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HARRIS COUNTY, TEXAS |
AGREED FINAL DECREE OF DIVORCE
On _______________________________ the Court heard this case.
Appearances
Petitioner, , appeared in person and through attorney of record, Michael G. Busby, Jr. and announced ready for trial.
Respondent, waived issuance and service of citation by waiver duly filed but agreed to the terms of this decree as indicated by her signature appearing below.
Record
The making of a record of testimony was waived by the parties with the consent of the Court.
Jurisdiction and Domicile
The Court finds that the pleadings of Petitioner are in due form and contain all the allegations, information, and prerequisites required by law. The Court, after receiving evidence, finds that it has jurisdiction of this case and of all the parties and that at least sixty days have elapsed since the date the suit was filed. The Court finds that, at the time this suit was filed, Petitioner had been a domiciliary of Texas for the preceding six-month period and a resident of the county in which this suit was filed for the preceding ninety-day period. All persons entitled to citation were properly cited.
Jury
A jury was waived, and questions of fact and of law were submitted to the Court.
Divorce
IT IS ORDERED AND DECREED that _______________________, Petitioner, and _______________________, Respondent, are divorced and that the marriage between them is dissolved on the ground of insupportability.
Child of the Marriage
The Court finds that Petitioner and Respondent are the parents of the following child:
Name:
Sex: Male
Birth date:
Home state:
Social Security number: ______________________
Driver’s license number and issuing state: N/A
The Court finds no other children of the marriage are expected.
Parenting Plan
The Court finds that the provisions in this decree relating to the rights and duties of the parties with relation to the child, possession of and access to the child, child support, and optimizing the development of a close and continuing relationship between each party and the child constitute the parties’ agreed parenting plan .
Conservatorship
The Court, having considered the circumstances of the parents and of the child, finds that the following orders are in the best interest of the child.
IT IS ORDERED that _______________________and _______________________are appointed Joint Managing Conservators of the following child: _______________________.
IT IS ORDERED that, at all times, _________________, as a parent joint managing conservator, shall have the following rights:
1. the right to receive information from any other conservator of the child concerning the health, education, and welfare of the child;
2. the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child;
3. the right of access to medical, dental, psychological, and educational records of the child;
4. the right to consult with a physician, dentist, or psychologist of the child;
5. the right to consult with school officials concerning the child’s welfare and educational status, including school activities;
6. the right to attend school activities;
7. the right to be designated on the child’s records as a person to be notified in case of an emergency;
8. the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and
9. the right to manage the estate of the child to the extent the estate has been created by the parent or the parent’s family.
IT IS ORDERED that, at all times, _______________________, as a parent joint managing conservator, shall have the following rights:
1. the right to receive information from any other conservator of the child concerning the health, education, and welfare of the child;
2. the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child;
3. the right of access to medical, dental, psychological, and educational records of the child;
4. the right to consult with a physician, dentist, or psychologist of the child;
5. the right to consult with school officials concerning the child’s welfare and educational status, including school activities;
6. the right to attend school activities;
7. the right to be designated on the child’s records as a person to be notified in case of an emergency;
8. the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and
9. the right to manage the estate of the child to the extent the estate has been created by the parent or the parent’s family.
IT IS ORDERED that, at all times, _______________________and _______________________, as parent joint managing conservators, shall each have the following duties:
1. the duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child; and
2. the duty to inform the other conservator of the child if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that this information shall be tendered in the form of a notice made as soon as practicable, but not later than the fortieth day after the date the conservator of the child begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person’s requirement to register as a sex offender or of the offense with which the person is charged. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE.
IT IS ORDERED that, during her periods of possession, _______________________, as parent joint managing conservator, shall have the following rights and duties:
1. the duty of care, control, protection, and reasonable discipline of the child;
2. the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure;
3. the right to consent for the child to medical and dental care not involving an invasive procedure; and
4. the right to direct the moral and religious training of the child.
IT IS ORDERED that, during his periods of possession, _______________________, as parent joint managing conservator, shall have the following rights and duties:
1. the duty of care, control, protection, and reasonable discipline of the child;
2. the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure;
3. the right to consent for the child to medical and dental care not involving an invasive procedure; and
4. the right to direct the moral and religious training of the child.
IT IS ORDERED that _______________________, as a parent joint managing conservator, shall have the following rights and duties:
1. the exclusive right to designate the primary residence of the child within San Diego County, California and surrounding contiguous counties.
2. the independent right to consent to medical, dental, and surgical treatment involving invasive procedures;
3. the independent right to consent to psychiatric and psychological treatment of the child;
4. the exclusive right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child;
5. the independent right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;
6. the independent right to consent to marriage and to enlistment in the armed forces of the United States;
7. the independent right to make decisions concerning the child’s education;
8. except as provided by section 264.0111 of the Texas Family Code, the independent right to the services and earnings of the child;
9. except when a guardian of the child’s estate or a guardian or attorney ad litem has been appointed for the child, the independent right to act as an agent of the child in relation to the child’s estate if the child’s action is required by a state, the United States, or a foreign government; and
10. the independent duty to manage the estate of the child to the extent the estate has been created by community property or the joint property of the parent.
IT IS ORDERED that _______________________, as a parent joint managing conservator, shall have the following rights and duties:
1. the independent right to consent to medical, dental, and surgical treatment involving invasive procedures;
2. the independent right to consent to psychiatric and psychological treatment of the child;
3. the independent right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;
4. the independent right to consent to marriage and to enlistment in the armed forces of the United States;
5. the independent right to make decisions concerning the child’s education;
6. except as provided by section 264.0111 of the Texas Family Code, the independent right to the services and earnings of the child;
7. except when a guardian of the child’s estate or a guardian or attorney ad litem has been appointed for the child, the independent right to act as an agent of the child in relation to the child’s estate if the child’s action is required by a state, the United States, or a foreign government; and
8. the independent duty to manage the estate of the child to the extent the estate has been created by community property or the joint property of the parents.
The Court finds that, in accordance with section 153.001 of the Texas Family Code, it is the public policy of Texas to assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child, to provide a safe, stable, and nonviolent environment for the child, and to encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. The parties agree and IT IS ORDERED that the primary residence of the child shall be San Diego, California and the parties shall not remove the child from San Diego County, California for the purpose of changing the primary residence of the child until modified by further order of the court of continuing jurisdiction or by written agreement signed by the parties and filed with the court.
Possession and Access
1. Standard Possession Order
The Court finds that the following provisions of this Standard Possession Order are intended to and do comply with the requirements of Texas Family Code sections 153.311 through 153.317. IT IS ORDERED that each conservator shall comply with all terms and conditions of this Standard Possession Order. IT IS ORDERED that this Standard Possession Order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs this Standard Possession Order. IT IS, THEREFORE, ORDERED:
(a) Definitions
1. In this Standard Possession Order “school” means the primary or secondary school in which the child is enrolled or, if the child is not enrolled in a primary or secondary school, the public school district in which the child primarily resides.
2. In this Standard Possession Order “child” includes each child, whether one or more, who is a subject of this suit while that child is under the age of eighteen years and not otherwise emancipated.
(b) Mutual Agreement or Specified Terms for Possession
IT IS ORDERED that the conservators shall have possession of the child at times mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is ORDERED that the conservators shall have possession of the child under the specified terms set out in this Standard Possession Order.
(c) Parents Who Reside 100 Miles or Less Apart
Except as otherwise explicitly provided in this Standard Possession Order, when _______________________resides 100 miles or less from the primary residence of the child, _______________________shall have the right to possession of the child as follows:
1. Weekends –
On weekends that occur during the regular school term, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.
On weekends that do not occur during the regular school term, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.
2. Weekend Possession Extended by a Holiday – Except as otherwise explicitly provided in this Standard Possession Order, if a weekend period of possession by _______________________begins on a Friday that is a student holiday or teacher in-service day during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday holiday, student holiday or teacher in-service day or end at 6:00 p.m. on that Monday holiday, student holiday or teacher in-service day, as applicable.
3. Thursdays – On Thursday of each week during the regular school term, beginning at 6:00 p.m. and ending at 8:00 p.m.
4. Spring Break in Even-Numbered Years – In even-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the school’s spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.
5. Extended Summer Possession by _______________________-
With Written Notice by April 1 – If _______________________gives _______________________written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, _______________________shall have possession of the child for thirty days beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6:00 p.m on each applicable day, as specified in the written notice. These periods of possession shall begin and end at 6:00 p.m.
Without Written Notice by April 1 – If _______________________does not give _______________________written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, _______________________shall have possession of the child for thirty consecutive days in that year beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 31.
Notwithstanding the Thursday periods of possession during the regular school term and the weekend periods of possession ORDERED for _______________________, it is explicitly ORDERED that _______________________shall have a superior right of possession of the child as follows:
1. Spring Break in Odd-Numbered Years – In odd-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the school’s spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.
2. Summer Weekend Possession by _______________________- If _______________________gives _______________________written notice by April 15 of a year, _______________________shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by _______________________in that year, provided that _______________________picks up the child from _______________________and returns the child to that same place and that the weekend so designated does not interfere with Father’s Day Weekend.
3. Extended Summer Possession by _______________________- If _______________________gives _______________________written notice by April 15 of a year or gives _______________________fourteen days’ written notice on or after April 16 of a year, _______________________may designate one weekend beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by _______________________shall not take place in that year, provided that the weekend so designated does not interfere with _______________________’s period or periods of extended summer possession or with Father’s Day Weekend.
(d) Parents Who Reside More Than 100 Miles Apart
Except as otherwise explicitly provided in this Standard Possession Order, when _______________________resides more than 100 miles from the residence of the child, _______________________shall have the right to possession of the child as follows:
1. Weekends – Unless _______________________elects the alternative period of weekend possession described in the next paragraph, _______________________shall have the right to possession of the child on weekends that occur during the regular school term, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday, and on weekends that do not occur during the regular school term, beginning at 6:00 p.m. on the first, third and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday. Except as otherwise explicitly provided in this Standard Possession Order, if such a weekend period of possession by _______________________begins on a Friday that is a student holiday or teacher in-service day during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday holiday, student holiday or teacher in-service day or end at 6:00 p.m. on that Monday holiday, student holiday or teacher in-service day, as applicable.
Alternate Weekend Possession – In lieu of the weekend possession described in the foregoing paragraph, _______________________shall have the right to possession of the child not more than one weekend per month of _______________________’s choice beginning at 6:00 p.m. on the day school recesses for the weekend and ending at 6:00 p.m. on the day before school resumes after the weekend. Except as otherwise explicitly provided in this Standard Possession Order, if such a weekend period of possession by _______________________begins on a Friday that is a student holiday or teacher in-service day during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday holiday, student holiday or teacher in-service day or end at 6:00 p.m. on that Monday holiday, student holiday or teacher in-service day, as applicable. _______________________may elect an option for this alternative period of weekend possession by giving written notice to _______________________within ninety days after the parties begin to reside more than 100 miles apart. If _______________________makes this election, _______________________shall give _______________________fourteen days’ written or telephonic notice preceding a designated weekend. The weekends chosen shall not conflict with the provisions regarding Christmas, Thanksgiving, the child’s birthday, and Mother’s Day Weekend below.
2. Spring Break in All Years – Every year, beginning at 6:00 p.m. on the day the child is dismissed from school for the school’s spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.
3. Extended Summer Possession by _______________________-
With Written Notice by April 1 – If _______________________gives _______________________written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, _______________________shall have possession of the child for forty-two days beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6:00 p.m. on each applicable day, as specified in the written notice. These periods of possession shall begin and end at 6:00 p.m.
Without Written Notice by April 1 – If _______________________does not give _______________________written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, _______________________shall have possession of the child for forty-two consecutive days beginning at 6:00 p.m. on June 15 and ending at 6:00 p.m. on July 27 of that year.
Notwithstanding the weekend periods of possession ORDERED for _______________________, it is explicitly ORDERED that _______________________shall have a superior right of possession of the child as follows:
1. Summer Weekend Possession by _______________________- If _______________________gives _______________________written notice by April 15 of a year, _______________________shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of possession by _______________________during _______________________’s extended summer possession in that year, provided that if a period of possession by _______________________in that year exceeds thirty days, _______________________may have possession of the child under the terms of this provision on any two nonconsecutive weekends during that period and provided that _______________________picks up the child from _______________________and returns the child to that same place and that the weekend so designated does not interfere with Father’s Day Weekend.
2. Extended Summer Possession by _______________________- If _______________________gives _______________________written notice by April 15 of a year, _______________________may designate twenty-one days beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6:00 p.m. on each applicable day, during which _______________________shall not have possession of the child, provided that the period or periods so designated do not interfere with _______________________’s period or periods of extended summer possession or with Father’s Day Weekend.
(e) Holidays Unaffected by Distance
Notwithstanding the weekend and Thursday periods of possession of _______________________, _______________________and _______________________shall have the right to possession of the child as follows:
1. Christmas Holidays in Even-Numbered Years – In even-numbered years, _______________________shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and _______________________shall have the right to possession of the child beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation.
2. Christmas Holidays in Odd-Numbered Years – In odd-numbered years, _______________________shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and _______________________shall have the right to possession of the child beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation.
3. Thanksgiving in Odd-Numbered Years – In odd-numbered years, _______________________shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving.
4. Thanksgiving in Even-Numbered Years – In even-numbered years, _______________________shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving.
5. Child’s Birthday – If a parent is not otherwise entitled under this Standard Possession Order to present possession of the child on the child’s birthday, that parent shall have possession of the child beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that that parent picks up the child from the other parent’s residence and returns the child to that same place.
6. Father’s Day Weekend – _______________________shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Father’s Day and ending at 6:00 p.m. on Father’s Day, provided that if _______________________is not otherwise entitled under this Standard Possession Order to present possession of the child, he shall pick up the child from _______________________’s residence and return the child to that same place.
7. Mother’s Day Weekend – _______________________shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Mother’s Day and ending at 6:00 p.m. on Mother’s Day, provided that if _______________________is not otherwise entitled under this Standard Possession Order to present possession of the child, she shall pick up the child from _______________________’s residence and return the child to that same place.
(f) Undesignated Periods of Possession
_______________________shall have the right of possession of the child at all other times not specifically designated in this Standard Possession Order for _______________________.
(g) General Terms and Conditions
Except as otherwise explicitly provided in this Standard Possession Order, the terms and conditions of possession of the child that apply regardless of the distance between the residence of a parent and the child are as follows:
1. Surrender of Child by _______________________- _______________________is ORDERED to surrender the child to _______________________at the beginning of each period of _______________________’s possession at the residence of _______________________.
2. Surrender of Child by _______________________- _______________________is ORDERED to surrender the child to _______________________at the residence of _______________________at the end of each period of possession.
3. Surrender of Child by _______________________- _______________________is ORDERED to surrender the child to _______________________, if the child is in _______________________’s possession or subject to _______________________’s control, at the beginning of each period of _______________________’s exclusive periods of possession, at the place designated in this Standard Possession Order.
4. Return of Child by _______________________- _______________________is ORDERED to return the child to _______________________, if _______________________is entitled to possession of the child, at the end of each of _______________________’s exclusive periods of possession, at the place designated in this Standard Possession Order.
5. Personal Effects – Each conservator is ORDERED to return with the child the personal effects that the child brought at the beginning of the period of possession.
6. Designation of Competent Adult – Each conservator may designate any competent adult to pick up and return the child, as applicable. IT IS ORDERED that a conservator or a designated competent adult be present when the child is picked up or returned.
7. Inability to Exercise Possession – Each conservator is ORDERED to give notice to the person in possession of the child on each occasion that the conservator will be unable to exercise that conservator’s right of possession for any specified period.
8. Written Notice – Written notice shall be deemed to have been timely made if received or postmarked before or at the time that notice is due.
This concludes the Standard Possession Order.
2. Duration
The periods of possession ordered above apply to the child the subject of this suit while that child is under the age of eighteen years and not otherwise emancipated.
3. Termination of Orders
The provisions of this decree relating to conservatorship, possession, or access terminate on the remarriage of _______________________to _______________________unless a nonparent or agency has been appointed conservator of the child under chapter 153 of the Texas Family Code.
Child Support
IT IS ORDERED that _______________________is obligated to pay and shall pay to _______________________child support of $251.00 per month, with the first payment being due and payable on January 1, 2011 and a like payment being due and payable on the first day of each month thereafter until the first month following the date of the earliest occurrence of one of the events specified below:
1. the child reaches the age of eighteen years or graduates from high school, whichever occurs later, subject to the provisions for support beyond the age of eighteen years set out below;
2. the child marries;
3. the child dies;
4. the child enlists in the armed forces of the United States and begins active service as defined by section 101 of title 10 of the United States Code; or
5. the child’s disabilities are otherwise removed for general purposes; or
If the child is eighteen years of age and has not graduated from high school, IT IS ORDERED that _______________________’s obligation to pay child support to _______________________shall not terminate but shall continue for as long as the child is enrolled-
1. 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 is complying with the minimum attendance requirements of subchapter C of chapter 25 of the Education Code or
2. on a full-time basis in a private secondary school in a program leading toward a high school diploma and is complying with the minimum attendance requirements imposed by that school.
Withholding from Earnings
IT IS ORDERED that any employer of _______________________shall be ordered to withhold from earnings for child support from the disposable earnings of _______________________for the support of _______________________.
IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of _______________________by the employer and paid in accordance with the order to that employer shall constitute a credit against the child support obligation. Payment of the full amount of child support ordered paid by this decree through the means of 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 this decree, the balance due remains an obligation of _______________________, and it is hereby ORDERED that _______________________pay the balance due directly to the state disbursement unit specified below.
On this date the Court signed an Order/Notice to Withhold Income for Child Support.
Payment
IT IS ORDERED that all payments 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 _______________________for the support of the child. 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.
Change of Employment
IT IS FURTHER ORDERED that _______________________shall notify this Court and _______________________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 _______________________and the name and address of his 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, _______________________, _______________________, or an attorney representing _______________________or _______________________, the clerk of this Court shall cause a certified copy of the Order/Notice to Withhold Income for Child Support to be delivered to any employer.
Health Care
1. IT IS ORDERED that _______________________and _______________________shall each provide medical support for the child as set out in this order as additional child support for as long as the Court may order _______________________and _______________________to provide support for the child under sections 154.001 and 154.002 of the Texas Family Code. Beginning on the day _______________________and _______________________’s actual or potential obligation to support the child under sections 154.001 and 154.002 of the Family Code terminates, IT IS ORDERED that _______________________and _______________________are discharged from the obligations set forth in this medical support order, except for any failure by a parent to fully comply with those obligations before that date. IT IS FURTHER ORDERED that the cash medical support payments ordered below are payable through the state disbursement unit and subject to the provisions for withholding from earnings provided above for other child support payments.
2. Definitions –
“Health Insurance” means insurance coverage that provides basic health-care services, including usual physician services, office visits, hospitalization, and laboratory, X-ray, and emergency services, that may be provided through a health maintenance organization or other private or public organization, other than medical assistance under chapter 32 of the Texas Human Resources Code.
“Reasonable cost” means the cost of health insurance coverage for a child that does not exceed 9 percent of the obligor’s annual resources, as described by section 154.062(b) of the Texas Family Code, if the obligor is responsible under a medical support order for the cost of health insurance coverage for only one child. If the obligor is responsible under a medical support order for the cost of health insurance coverage for more than one child, “reasonable cost” means the total cost of health insurance coverage for all children for which the obligor is responsible under a medical support order that does not exceed 9 percent of the obligor’s annual resources, as described by section 154.062(b) of the Texas Family Code.
“Reasonable and necessary health-care expenses not paid by insurance and incurred by or on behalf of a child” include, without limitation, any copayments for office visits or prescription drugs, the yearly deductible, if any, and medical, surgical, prescription drug, mental health-care services, dental, eye care, ophthalmological, and orthodontic charges. These reasonable and necessary health-care expenses do not include expenses for travel to and from the health-care provider or for nonprescription medication.
“Furnish” means:
a. to hand deliver the document by a person eighteen years of age or older either to the recipient or to a person who is eighteen years of age or older and permanently resides with the recipient;
b. to deliver the document to the recipient by certified mail, return receipt requested, to the recipient’s last known mailing or residence address; or
c. to deliver the document to the recipient at the recipient’s last known mailing or residence address using any person or entity whose principal business is that of a courier or deliverer of papers or documents either within or outside the United States.
3. Findings on Health Insurance Availability – IT IS FOUND:
No parent has access to private health insurance at a reasonable cost.
IT IS FURTHER FOUND that the following orders regarding health-care coverage are in the best interest of the child.
4. Provision of Health-Care Coverage –
_______________________is ORDERED to apply, within 30 days after entry of this order, for coverage under a governmental medical assistance program or health plan for the child who is the subject of this suit.
When such health coverage is obtained, _______________________is ORDERED to maintain the coverage in full force and effect on the child who is the subject of this suit as long as child support is payable for that child, by paying all applicable fees required for the coverage, including but not limited to enrollment fees and premiums. _______________________is ORDERED to furnish _______________________a true and correct copy of the health insurance policy or certification and a schedule of benefits within 30 days following the signing of this order. _______________________is FURTHER ORDERED to furnish _______________________copies of the insurance cards and any other forms necessary for use of the insurance within 30 days following the signing of this order. _______________________is ORDERED to provide, within three days of receipt by _______________________, to _______________________any insurance checks, other payments, or explanations of benefits relating to any medical expenses for the child that _______________________paid or incurred.
_______________________is ORDERED to pay _______________________cash medical support, as additional child support, of $50.00 per month, with the first installment being due and payable on January 1, 2011 and a like installment being due and payable on or before the first day of each month until the termination or modification of current child support for the child under this order.
IT IS ORDERED that the cash medical support provisions of this order shall be an obligation of the estate of _______________________and shall not terminate on his death.
_______________________is allowed to discontinue payment of cash medical support, for the time _______________________is providing coverage, if-
a. health insurance for the children becomes available to _______________________at a reasonable cost;
b. _______________________enrolls the child in the insurance plan; and
c. _______________________provides _______________________the information required under section 154.185 of the Texas Family Code.
Pursuant to section 154.183(c) of the Texas Family Code, the reasonable and necessary health‑care expenses of the child that are not reimbursed by health insurance or are not otherwise covered by the amount of cash medical support under section 154.182(b) are allocated as follows: _______________________is ORDERED to pay 50 percent and _______________________is ORDERED to pay 50 percent of the total health‑care expenses that exceed the amount of cash medical support paid by _______________________.
The party who incurs a health‑care expense on behalf of the child is ORDERED to submit to the other party all forms, receipts, bills, and statements reflecting the uninsured portion of the health‑care expenses within thirty days after he or she receives them. The nonincurring party is ORDERED to pay his or her share or percentage of the uninsured portion of the health‑care expenses either by paying the health‑care provider directly or by reimbursing the incurring party for any advance payment exceeding the incurring party’s share or percentage of the uninsured portion of the health‑care expenses within thirty days after the nonincurring party receives the forms, receipts, bills, or statements.
These provisions apply to all health‑care expenses of the child who is the subject of this order for the provision of health‑care coverage that are incurred while cash medical support is payable for that child.
5. WARNING – A PARENT ORDERED TO PROVIDE HEALTH INSURANCE OR TO PAY THE OTHER PARENT ADDITIONAL CHILD SUPPORT FOR THE COST OF HEALTH INSURANCE WHO FAILS TO DO SO IS LIABLE FOR NECESSARY MEDICAL EXPENSES OF THE CHILD, WITHOUT REGARD TO WHETHER THE EXPENSES WOULD HAVE BEEN PAID IF HEALTH INSURANCE HAD BEEN PROVIDED, AND FOR THE COST OF HEALTH INSURANCE PREMIUMS OR CONTRIBUTIONS, IF ANY, PAID ON BEHALF OF THE CHILD.
6. Notice to Employer – On this date a Medical Support Notice was signed by the Court. For the purpose of section 1169 of title 29 of the United States Code, the party not carrying the health insurance policy is designated the custodial parent and alternate recipient’s representative.
7. Miscellaneous Health Care Provisions –
Each parent will deliver the medications of the child to the other parent at the beginning of the other parent’s parenting time, unless the medications have been divided by the pharmacist into two containers that provide appropriate dosages and administrations to cover the time with each parent or unless two prescriptions can be obtained.
Each parent will inform the other of regular health-care appointments in advance, and both may attend.
Miscellaneous Child Support Provisions
Support as Obligation of Estate
IT IS ORDERED that the provisions for child support in this decree shall be an obligation of the estate of _______________________and shall not terminate on the death of _______________________. Payments received for the benefit of the child, including payments from the Social Security Administration, Department of Veterans Affairs or other governmental agency or life insurance proceeds, annuity payments, trust distributions, or retirement survivor benefits, shall be a credit against this obligation. Any remaining balance of the child support is an obligation of _______________________’s estate.
Termination of Orders on Remarriage of Parties
The provisions of this decree relating to current child support terminate on the remarriage of _______________________to _______________________unless a nonparent or agency has been appointed conservator of the child under chapter 153 of the Texas Family Code. An obligation to pay child support under this decree does not terminate on the death of _______________________but continues as an obligation to _______________________.
Medical Notification
Each party is ORDERED to inform the other party within 4 hours of any medical condition of the child requiring surgical intervention, hospitalization, or both.
Within 30 days after the Court signs this decree, each party is ORDERED to execute –
1. all necessary releases pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508 to permit the other conservator to obtain health-care information regarding the child; and
2. for all health-care providers of the child, an authorization for disclosure of protected health information to the other conservator pursuant to the HIPAA and 45 C.F.R. section 164.508.
Each party is further ORDERED to designate the other conservator as a person to whom protected health information regarding the child may be disclosed whenever the party executes an authorization for disclosure of protected health information pursuant to the HIPAA and 45 C.F.R. section 164.508.
Information Regarding Parties
The information required for each party by section 105.006(a) of the Texas Family Code is as follows:
Name: _______________________
Social Security number:
Driver’s license number:
Current residence address:
Mailing address:
Home telephone number:
Name of employer:
Address of employment:
Work telephone number:
Name: _______________________
Social Security number: ________________________________
Driver’s license number __________________ Issuing state:
Current residence address:
Mailing address:
Home telephone number
Name of employer: __________________________________
Address of employment: __________________________________
Work telephone number: __________________________________
EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY CHANGE IN THE PARTY’S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT, DRIVER’S LICENSE NUMBER, AND WORK TELEPHONE NUMBER. THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 6OTH DAY BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE.
THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS.
Notice shall be given to the other party by delivering a copy of the notice to the party by registered or certified mail, return receipt requested. Notice shall be given to the Court by delivering a copy of the notice either in person to the clerk of this Court or by registered or certified mail addressed to the clerk at 1115 Congress St., Houston, Texas 77002. Notice shall be given to the state case registry by mailing a copy of the notice to State Case Registry, Contract Services Section, MC046S, P.O. Box 12017, Austin, Texas 78711-2017.
NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF CHILD CUSTODY SPECIFIED IN THIS ORDER. A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE OFFICER’S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY CLAIM, CIVIL OR OTHERWISE, REGARDING THE OFFICER’S GOOD FAITH ACTS PERFORMED IN THE SCOPE OF THE OFFICER’S DUTIES IN ENFORCING THE TERMS OF THE ORDER THAT RELATE TO CHILD CUSTODY. ANY PERSON WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000.
WARNINGS TO PARTIES: FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS.
FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE PARTY’S NOT RECEIVING CREDIT FOR MAKING THE PAYMENT.
FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-ORDERED CHILD SUPPORT TO THAT PARTY.
Division of Marital Estate
The Court finds that the following is a just and right division of the parties’ marital estate, having due regard for the rights of each party and the child of the marriage.
Property to Husband
IT IS ORDERED AND DECREED that the husband, _______________________, is awarded the following as his sole and separate property, and the wife is divested of all right, title, interest, and claim in and to that property:
H-1. All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession of the husband or subject to his sole control.
H-2. All clothing, jewelry, and other personal effects in the possession of the husband or subject to his sole control.
H-3. All sums of cash in the possession of the husband or subject to his sole control, including funds on deposit, together with accrued but unpaid interest, in banks, savings institutions, or other financial institutions, which accounts stand in the husband’s sole name or from which the husband has the sole right to withdraw funds or which are subject to the husband’s sole control.
H-4. The motor vehicle together with all prepaid insurance, keys, and title documents.
This decree shall serve as a muniment of title to transfer ownership of all property awarded to any party in this Agreed Final Decree of Divorce.
Property to Wife
IT IS ORDERED AND DECREED that the wife, _______________________, is awarded the following as her sole and separate property, and the husband is divested of all right, title, interest, and claim in and to that property:
W-1. All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession of the wife or subject to her sole control.
W-2. All clothing, jewelry, and other personal effects in the possession of the wife or subject to her sole control.
W-3. All sums of cash in the possession of the wife or subject to her sole control, including funds on deposit, together with accrued but unpaid interest, in banks, savings institutions, or other financial institutions, which accounts stand in the wife’s sole name or from which the wife has the sole right to withdraw funds or which are subject to the wife’s sole control.
This decree shall serve as a muniment of title to transfer ownership of all property awarded to any party in this Agreed Final Decree of Divorce.
Division of Debt
Debts to Husband
IT IS ORDERED AND DECREED that the husband, _______________________, shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold the wife and her property harmless from any failure to so discharge, these items:
H-1. All debts, charges, liabilities, and other obligations incurred solely by the husband from and after January 1, 2006 and in his name only unless express provision is made in this decree to the contrary.
Debts to Wife
IT IS ORDERED AND DECREED that the wife, _______________________, shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold the husband and his property harmless from any failure to so discharge, these items:
W-1. All debts, charges, liabilities, and other obligations incurred solely by the wife from and after January 1, 2006 and in her name only unless express provision is made in this decree to the contrary.
Notice
IT IS ORDERED AND DECREED that each party shall send to the other party, within three days of its receipt, a copy of any correspondence from a creditor or taxing authority concerning any potential liability of the other party.
Attorney’s Fees
To effect an equitable division of the estate of the parties and as a part of the division, and for services rendered in connection with conservatorship and support of the child, each party shall be responsible for his or her own attorney’s fees, expenses, and costs incurred as a result of legal representation in this case.
Treatment/Allocation of Community Income for Year of Divorce
IT IS ORDERED AND DECREED that, for the calendar year 2010, each party shall file an individual income tax return in accordance with the Internal Revenue Code and report as the party’s income 50 percent of all predivorce community income or loss attributable to the parties, all postdivorce income attributable to the reporting party, and all the reporting party’s separate income during any part of the year. Each party shall take credit for 50 percent of all prior year overpayments, estimated tax payments, and withholdings occurring before the date of divorce and for 100 percent of the reporting party’s estimated tax payments and withholdings occurring after the date of divorce.
IT IS ORDERED AND DECREED that, for the calendar year 2010, each party shall timely pay and indemnify and hold the other party and his or her property harmless from any federal income tax liability attributable to the personal earnings of the reporting party and any net income resulting from property subject to the sole management and control of the reporting party from January 1 of that year through the date of divorce and for all such postdivorce earnings and income.
IT IS ORDERED AND DECREED that each party shall be entitled to use as a credit against his or her tax liability all estimated tax payments, credit for tax payments made in prior years, and withholdings made solely in the name of the reporting party and 50 percent of such estimated tax payments, credit for tax payments, and withholdings made in the names of both parties before the date of divorce together with any net loss resulting from property subject to the sole management and control of the reporting party and 50 percent of any net loss attributable to property subject to the joint management of the parties.
IT IS ORDERED AND DECREED that for calendar year 2010, each party shall indemnify and hold the other party and his or her property harmless from any tax liability associated with the reporting party’s individual tax return for that year unless the parties have agreed to allocate their tax liability in a manner different from that reflected on their returns.
IT IS ORDERED AND DECREED that each party shall furnish such information to the other party as is requested to prepare federal income tax returns for 2010 within thirty days of receipt of a written request for the information, and in no event shall the available information be exchanged later than March 1, 2011. As requested information becomes available after that date, it shall be provided within ten days of receipt.
IT IS ORDERED AND DECREED that all payments made to the other party in accordance with the allocation provisions for payment of federal income taxes contained in this Final Decree of Divorce are not deemed income to the party receiving those payments but are part of the property division and necessary for a just and right division of the parties’ estate.
Court Costs
IT IS ORDERED AND DECREED that costs of court are to be borne by the party who incurred them.
Discharge from Discovery Retention Requirement
IT IS ORDERED AND DECREED that the parties and their respective attorneys are discharged from the requirement of keeping and storing the documents produced in this case in accordance with rule 191.4(d) of the Texas Rules of Civil Procedure.
Decree Acknowledgment
Petitioner, _______________________, and Respondent, _______________________, each acknowledge that before signing this Final Decree of Divorce they have read this Final Decree of Divorce fully and completely, have had the opportunity to ask any questions regarding the same, and fully understand that the contents of this Final Decree of Divorce constitute a full and complete resolution of this case. Petitioner and Respondent acknowledge that they have voluntarily affixed their signatures to this Final Decree of Divorce, believing this agreement to be a just and right division of the marital debt and assets, and state that they have not signed by virtue of any coercion, any duress, or any agreement other than those specifically set forth in this Final Decree of Divorce.
Indemnification
Each party represents and warrants that he or she has not incurred any outstanding debt, obligation, or other liability on which the other party is or may be liable, other than those described in this decree. Each party agrees and IT IS ORDERED that if any claim, action, or proceeding is hereafter initiated seeking to hold the party not assuming a debt, an obligation, a liability, an act, or an omission of the other party liable for such debt, obligation, liability, act or omission of the other party, that other party will, at his or her sole expense, defend the party not assuming the debt, obligation, liability, act, or omission of the other party against any such claim or demand, whether or not well founded, and will indemnify the party not assuming the debt, obligation, liability, act, or omission of the other party and hold him or her harmless from all damages resulting from the claim or demand.
Damages, as used in this provision, includes any reasonable loss, cost, expense, penalty, and other damage, including without limitation attorney’s fees and other costs and expenses reasonably and necessarily incurred in enforcing this indemnity.
IT IS ORDERED that the indemnifying party will reimburse the indemnified party, on demand, for any payment made by the indemnified party at any time after the entry of the divorce decree to satisfy any judgment of any court of competent jurisdiction or in accordance with a bona fide compromise or settlement of claims, demands, or actions for any damages to which this indemnity relates.
The parties agree and IT IS ORDERED that each party will give the other party prompt written notice of any litigation threatened or instituted against either party that might constitute the basis of a claim for indemnity under this decree.
Clarifying Orders
Without affecting the finality of this Final Decree of Divorce, this Court expressly reserves the right to make orders necessary to clarify and enforce this decree.
Relief Not Granted
IT IS ORDERED AND DECREED that all relief requested in this case and not expressly granted is denied. This is a final judgment, for which let execution and all writs and processes necessary to enforce this judgment issue. This judgment finally disposes of all claims and all parties and is appealable.
Date of Judgment
SIGNED on .
JUDGE PRESIDING
About the Author
Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 10 years and has tried over 100 cases. He is familiar with the policy and procedures of the Houston Texas Divorce Courts. Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks. Please call with your family law or divorce questions for contested divorce Houston Texas.
Michael Busby Jr.
6100 Corporate Dr Ste 190
Houston, Texas 77036
(713) 974-1151
281-DIVORCE
Visit me on the web at www.busby-lee.com
Uncontested Divorce Houston Texas with Children also would be applicable to the following communities within the greater Houston, Texas Area:
Baytown, Bellaire, Bunker Hill, Deer Park, Friendswood, Galena Park, Humble, Jacinto City, Katy, La Porte, Pasadena, Tomball, West University, Cypress, Crosby, Woodlands, Denver Harbor, Spring & The Woodlands, Spring, Stafford, Sugarland, Galveston, Missouri City, Richmond, & Alief
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