in Re Amy Williams

ACCEPTED
01-15-00685-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
8/14/2015 11:29:19 AM
CHRISTOPHER PRINE
CLERK

No. 01-15-00685-CV

FILED IN
IN THE FIRST COURT OF APPEALS 1st COURT OF APPEALS
HOUSTON, TEXAS
HOUSTON, TEXAS 8/14/2015 11:29:19 AM
CHRISTOPHER A. PRINE
Clerk

IN RE AMY WILLIAMS,
Relator.

Original Proceeding from the 3 09"’ Judicial District Court
Harris County, Texas, Hon. Sheri Y. Dean, Judge Presiding

REAL PARTY IN INTEREST’S RESPONSE TO
RELATOR’S MOTION FOR EMERGENCY RELIEF

TO THE HONORABLE FIRST COURT OF APPEALS:
Real Party in Interest Harold Holmes (“Holmes”) files this Real Party in

Interest’s Response to the Motion for Emergency Relief to the Relator’s Motion

for Emergency Temporary Relief filed by Relator Amy Williams (“Williams”),

and in support thereof, respectfully shows as follows.

1. On June 19, 2009, Judge Frank Rynd, of the 309” Judicial District

Court of Harris County, signed the Order, which related to the payment and

collection of child support arrearages and attomey’s fees, which is attached hereto

as Exhibit “A,” and incorporated for all purposes herein.

2. On July 17, 2009, Holmes’s attorney filed a Motion to Modtfv,

Correct, or Reform Judgment, which related to the payment and collection of
1
child support arrearages and attomey’s fees, which is attached hereto as Exhibit

“B,” and incorporated for all purposes herein.

3. On October 1, 2009, this Court signed the Final Reformed Order,

which is the current order governing the payment and collection of child support

arrearages and attomey’s fees, which is attached hereto as Exhibit “C,” and

incorporated for all purposes herein.

4. Since 2009, the enforcement and collection methods taken by

Williams and her counsel have been an issue in this case. Following Judge Rynd’s

Order signed on June 19, 2009, William’s counsel issued a “Judicial Writ of

Income Withholding to Employer” that withheld $2,311.95 a month without the

Court’s approval of such amount, which is attached as Exhibit A to the Motion to

Modify, Correct, or Reform Judgment, see attached Exhibit “B.” Following the

hearing on Holmes’s Motion to Modify, Correct, or Reform Judgment—which

considered William’s ability to issue a withholding order for collection of child

suppoIt—Judge Rynd made specific rulings regarding the enforcement and

collection of child support arrearages and attorney’s fees in this matter in his Final

Reformed Order, specifically limiting the monthly amount to be withheld and

specific limitations on enforcing the order, see attached Exhibit “C.”

It is important to note that in both the Order, signed on June 19, 2009 and

the Final Reformed Order, Judge Rynd ordered that Williams was only given a
judgment for attorney’s fees and gave Williams no authority to withhold for the

attomey’s fees awarded.

Section l58.005l(a) of the Texas Family Code, upon in which Williams

relies, states that: “In addition to an order for income to be withheld for child

support, including child support and child support arrearages, the court may render

an order that income be withheld from the disposable earning of the obligor to be

applied towards the satisfaction of any ordered attomey’s fees and costs resulting

from an action to enforce child support under this title.” Although Judge Rynd had

authority to issue a wage withholding order for attomey’s fees in this matter, per

Section l58.005l(a), the decision to allow a wage withholding order for this

purpose was at his discretion and Judge Rynd, in fact, did not order wage

withholding for attorney’s fees in this case.

5. On July 28, 2015, when counsel appeared before the Court, the

Honorable Judge Sheri Y. Dean, did not have the ability to hear this case due to the

Court’s docket on that date. In an effort to manage the Court’s docket, Judge Dean

reset this case for hearing on October 2, 2015. Also on July 28, 2015, Judge Dean

ordered that the child support withholding order be temporarily stayed until the

Court could hear this matter on October 2, 2015. Judge Dean clearly stated to

counsel that the withholding order would resume, in the event that the Court found

outstanding child support arrearages. In accordance with Judge Dean’s ruling,
Holmes’s counsel submitted two proposed orders to effectuate Judge Dean’s

ruling. The first order, signed by Associate Judge Beverly Malazzo, terminated

withholding for child support until October 2, 2015, which is attached hereto as

Exhibit “D,” and incorporated for all purposes herein. The second order, also

signed by Associate Judge Beverly Malazzo, resumes withholding for child

support on October 2, 2015, which is attached hereto as Exhibit “E,” and

incorporated for all purposes herein. In the event that Judge Dean determines that

child support is owed at the October 2, 2015 hearing, the withholding order will be

in place. Williams claim that this case requires emergency relief is inaccurate

because, as the orders stand now, withholding from Holmes’s wages resumes on

October 2, 2015, unless there is ruling in Holmes’s favor by Judge Dean on that

date.

6. In the Final Reformed Order described above, Holmes was ordered to

make all payments through the Texas Child Support State Disbursement Unit, P.O.

Box 659791, San Antonio, Texas 78265-9791. The Texas Child Support

Disbursement Unit Payment Record is attached hereto as Exhibit “F,” and

incorporated for all purposes herein. This payment record shows that as of August

13, 2015, Harold Holmes has paid approximately $53,781.85 through the Texas

Child Support Disbursement Unit. Williams complains that because Holmes’s

pleadings stated, as of June 2016, there was a remaining balance the obligation
remained unsatisfied. However, as of July 28, 2015, as demonstrated by Holmes’s

child support payments in the month of July (as of the date of the hearing in

question) Holmes had paid his child support obligation to Amy Williams in full.
The requested relief by Williams is to continue to garnish Holmes’s

income through a wage withholding order for attorney's fees, which is

improper and was specifically not ordered by Iudge Rynd in the Final

Reformed Order.

CONCLUSION AND PRAYER
For all of the foregoing reasons, Real Party in Interest Harold Holmes

respectfully prays that the Court deny Relat0r’s Motion for Emergency

Temporary Relief.

Respectfiilly submitted,

FULLENWEIDER WILHITE
By: Lauren E. Waddell
/s/
Lauren E. Waddell
State Bar No. 24036440
4265 San Felipe Street, Suite 1400
Houston, Texas 77027
Telephone: (713) 624-4100
Facsimile: (713) 624-4141
E-mail: lwaddellgwfullenweidercom
ATTORNEY FOR
REAL PARTY IN INTEREST
HAROLD HOLMES
 By: /s/ John A. Ramirez
John Anthony Ramirez
State Bar No. oo7848o8
917 Franklin, Suite 510
Houston, Texas 77002
Telephone: (713) 224-9900
Facsimile: (713) 224-9903
E-mail: jaramirez.law@gmail.com
ATTORNEY FOR
REAL PARTY IN INTEREST
HAROLD HOLMES

CERTIFICATE OF COMPLIANCE
Pursuant to Texas Rule of Appellate Procedure 9.4(i)(3), I hereby certify that
this response was prepared in Times New Roman 14-point font, and contains 929
words, and that this number was calculated using the word count program of
Microsoft Word, which is the program that was used to prepare this document.

/s/ Lauren E. Waddell
Lauren E. Waddell
 CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Real Party in
Interesfs Response to Relator’s Motion for Emergency Relief has been served
electronically via e-filing on the following counsel of record, this 14th day of
August, 2015:

Honorable Sheri Y. Dean
District Judge, 309'h Judicial District Court of Harris County, Texas
201 Caroline, 16”‘
Floor
Houston, Texas 77002

Steven A. Sinkin
Andrew Ross
Sinkin Law Firm
105 West Woodlawn
San Antonio, Texas 78212

/s/Lauren E. Waddell
Lauren E. Waddell
 \ ‘
000 7 03 0.2a ‘3\/

L iiiex
Cause No. 703634]

In the Interest of
I.
°’°"
D D In the District Court

Glenna Noel Holmes 3309'“ Judicial District

A Child Harris County, Texas

On December 18, 2007, came on to be hcard Amy Williams’ 0riginalAnswer and
Afiinnative Relief and Request for Sanctions, Original Answer to Intervention and Request for

Sanctions, and First Amended Original Answer to First Amended Intervention and Request for

Sanctions, Sinkin & Barretto, P.L.L.C.’s Original Answer to Second Amended Intervention

and Request for Sanctions, Karen Marvel‘s Original Answer to Second Amended Intervention

and Request for Sanctions, Harold‘ F. Holmes’ Emergency Motion to Release Child Support

and/or to Dispute the Amount ofArrearages Stated in Child Support Lien and/or to Resolve

Ownership Interest with Respect to Property Subject to Child Support Liens and Motion to

Dismiss Notice of Writ of Withholding or in the Alternative Motion for Leave to File a Motion to

Stay Issuance of Writ of Withholding, and Patricia Holmes’ Second Amended Intervention To

Resolve Interest in Property Subject To Child Support Liens.

All matters of law and fact were submitted to the Court. The Court finds it has

jurisdiction of the partim and the subject matter of this case. All persons entitled to notice were

0'i"_6

1
L properly notified. A record of testimony was made, £5, 33 h
Page IT IS ORDERED that Amy William is granted and rendered a judgment for child-
-

support arrearagcs, including accrued interest against Harold F. Holmes in the amount of
4277823l

3 1-19,’, ‘fall. 70 as of fl/Ni I9’. 31 0 D9 , the date ofrcndition ofthis judgment, such

6 percent simple interest per year until the date the judgment
Number:

judgment bearing interest at is paid,

Document
andisrcndcrodon 30191. IQ, Q0133 .

Pagclnffi

A
Cettified
 Attorney's Fees

IT IS ORDERED that ajudgment for attomey's fees of$ ,5’ 00 0. 01) are taxed

as costs against Harold F. Holmes, and Harold F. Holmes is ORDERED to pay those fees, by
cash, cashier's check, or money order, directly to Steven A. Sinkin & Karen L. Marvel, at
Sinldn & Man/el, 105 West Woodlawn, San Antonio, Texas 78212 and Shawn Casey, PO. Box

27247, Houston, Texas 77227. The attorney may enforce this order for fees in the attorney's

own name and such judgment bearing interest at the maximum rate provided by law fiom the

date this order is rendered until paid.

In the event of an unsuccessful appeal (direct or indirect) to the Court of Appeals by

Harold F. Holmes an additional judgment of S -
Q’ for attomcy’s fees is granted

in favor of Steven A. Sinkin & Karen L. Marvel and Sinkin & Marvel and Shawn Casey and
against Harold F. Holmes. In the event of mi unsuccessful petition for review or indirect appeal

to the Supreme Court of Texas by Harold F. Holmes an additional judgment of

S ‘jl 2
'
for attomey’s fees is granted in favor of Steven A. Sinkin & Karen L.
Marvel and Sinkin & Marvel and Shawn Casey and against Harold F. Holmes. In the event the

petition for review or indirect appeal to the Supreme Court of Texas by Harold F. Holmes is

granted and ultimately unsuccessful, an additional judgment of S ~ Q ' for

attomcy’s fees is granted in favor of Steven A. Sinkin & Karen L. Marvel and Sinkin &
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2 Marvel and Shawn Casey and against Harold F. Holmes. In the event of the filing of a petition
Page

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for bankruptcy by Harold F. Holmes an additional judgment of S -Q ‘
for

42778231

attomey‘s fees is granted in favor of Steven A. Sinkln & Karen L. Marvel and Sinkin & Marvel
Number:
and Shawn Casey and against Harold F. Holmes for the collection of child support. The

attorney may enforce this judgment for fees in the attorney's own name and such judgment
Document

Page 2 of 6
Certified
 bearing interest at the maximum rate provided by law from the date this order is rendered until

paid.

IT IS (3RDERED that Amy Williams is granted and rendered a judgment for court costs
of$ - against Harold F. Holmes. Such judgment for court costs bearing interest at

~
the maximum rate provided by law from the date this order is rendered until paid.

IT IS ORDERED Amy Williams is entitled to issue child support liens, lcvics, and

writs of income withholding as remedies for the collection of unpaid child support. ltlfi

su evy,

Ordcrfar Mthhalding

IT IS ORDERED that in addition to all other remedies available to enforce the ,

\spn~m'h‘s£5B #1-.eTE-)d4$Fi9M1L7Gx_@

~~
arrcarages enumerated above shall be payablqihrough ajudici writ of withholding from

l~\ go plww w i «l’ ‘-
by the Texas Family Code. lTI
_

earnings for child suppo
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FURTHER ORDERED that diejudicial writ of withholding from earnings for child support
shall be binding on Harold F. Ilolmes's present employer and all subsequent employers.

IT IS ORDERED that all child support payments be made to:
Texas Child Support
of6 State Disbursement Unit
3 PO. Box 659791
Page San Antonio, TX 78265-9791
-

IT IS ORDERED that Harold F. Holmcs's address for service is 9902 Towne Tower Lanc,
427'/823l

Sugar Land, Texas 77478. I'l' IS FURTHER ORDERED that Harold F. Holmes shall notify in
& Marvel at
Number:

writing this Court Sinkin 105 West Woodlawn, San Antonio, Texas 78212-3457,

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Page 3 of 6
Certified
 telccopier (2 1 0)73 6-2777, and the State Case Registry within seven (7) days of any change in address

or employment.

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IT IS ORDERED th t all relief not granted herein is denied.

Signed this Date:

ELMUZ/,0
~

Hon. Frank Rynd,
Judge Presiding
T

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42778231

Number:

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Page 4 of 6

Certified
 Approved as to Form & Substance:
Law Officcs of
Sinkin & Barretto, P.L.L.C.
105 West Woodlawn
San Antonio, Texas 78212-3457
(210) 732-6000 Telephone
(210) 736-2777 Tclccopicr

By:
Steven A. Sinkin
State Bar No. 18438700
Karen L. Marvel
State Bar N04 13144910

&
Shawn Casey Associates
P.O. Box 27247
Houston, TX 77227
(713) 823-5065 Telephone

Br
Shawn Casey
State Bar No. 03960500

Attorneys for Amy Williams, Sinkin & Barretto, P.L.L.C., and
Karen Marvel

Joseph lndelicato, Jr., P.C.
5291 Dolores
Houston, Texas 77057
(713) 952-1 1 15 Telephone
(713) 532-2949 Telecopier

OH:
By:
5 Joseph Indelicato, Jr.
Page
State Bar No.10389400
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Attorneys for Harold Holmes and
42778231
Patricia Holmes

Number:

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Page 5 of 6
Certified
 Mr. Randy Boykin
Assistant Attorney General
Houston OAG SW Unit 0607E
Office of the Attorney General, Child Support Division
6200 Savoy, Suite 930
Houston, TX 77036

By:
Randy Boykin, AAG

Harold F. Holmes

Patricia Holmes

Amy Williams

£)f6

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42778231

Number:

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Page 6 of 6

Certified
 I,Chris Daniel, District Clerk of Harris
County, Texas certify that this is a true and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
Witness my official hand and seal of office
this August 13, 2015

Certified Document Number: 42778231 Total Pages: 6

fléflwz DISTRICT CLERK
Chris Daniel,
HARRIS COUNTY, TEXAS

In accordance with Texas Government Code 406.013 electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal
please e-mail support@hcdistrictclerk.com
 No.

IN THE INTEREST or §

GLENNA NOEL HOLMES E

MINOR CHILD 3 HARRIS COUNTY, TEXAS

MOTION TO MODIFY. CORRECT, OR REFORM JUDGMENT

HAROLD HOLMES moves this Court to modify, correct, or reform the judgment

19, 2009, the above-styled and numbered cause, and in support of this motion shows: 0&
Q
in

HAROLD HOLMES requests this Motion to Modify, Correct, or Refonn Judgment for the

following reasons: (1) Determining the amount of monthly payment of arrearages allowed to be withheld

from Mr. Ho|mes's earnings; and (2) Calculating the proper amount of interest, if any, on child support

arrearages.

I. Order of Withholding

Since the Court signed the judgment, AMY WILLIAMS has already issued and served six notices

of child support liens to financial institutions and garnished $524.20 from HAROLD HOLMES's latest pay

check. AMY WILLIAMS. through her attorney of record, has issued a Judicial Writ of Income

Withholding to Employer ordering HAROLD HOLMES‘s employer to withhold $2,311.95 per month for

child support arrearages. A true and correct copy of the Judicial Writ of income Withholding to

of‘)
Employer is attached hereto and incorporated by reference as Exhibit A. The amount withheld from Mr‘
1
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Holmes latest paycheck was 50 percent of his paycheck.

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42854526
HAROLD HOLMES requests this Court modify, correct, or reform the judgment in this cause to

show that AMY WILLIAMS is not entitled to child support arrearages, as Mr. Holmes paid child support
Number:

directly to her, per their agreement until the child was eighteen years old, in an amount above the court

Document ordered child support. In the alternative, HAROLD HOLMES requests this Court modify, correct, or reform

EXHIBIT
A

Certified
y 3

B
 the judgment in this cause to show that AMY WILLIAMS shall be authorized to withhold $150.00 per month

from HAROLD i-l0LMES’s wages for the child support arrearages, or in the alternative, no more than the

specific monthly amount the Court finds appropriate to collect on the judgment on arrears. HAROLD

HOLMES further requests this Court to terminate the Judicial Writ of Income Withholding to Employer,

attached as Exhibit A, and sign a wage withholding order that reflects the specific monthly amount the

Court orders to be withheld.

Although Section 158.009 of the Texas Family Code states that an obligor may withhold earnings

up to a maximum amount of 50 percent, there is no minimum amount required to withhold to collect child

support arrearages and the Court may order the monthly amount to be withheld. In re Chambers, 5 S,W.3d

341 (Tex. App.—San Antonio 1999, no pet); In re D.C.. 180 S.W.3d 647 (Tex. App.—Waco, 2005, no pet.);

and In the Interest M. CR, 55 SW3d 104(Tex. App.4an Antonio, 2001, no pet).
As stated in the opinion of in the Interest of M.C.R.. "[t]he trial court is accorded broad discretion in

setting and modifying child support payments. See in re Davis, 30 S.W.3d 609, 616 (Tex. App.——

Texarkana 2000, no pet.). The trial court retains discretion in many other areas concerning child support.

For example, the court may exercise discretion in determining the amount of monthly payment of

arrearages once the total amount is confirmed, see Starch v. Nelson, 878 S.W.2d 302, 308 (Tex. App.~

Corpus Christi 1994, no writ); Tamez v. Tamez, 822 S.W.2d 688. 692 (Tex. App.—Corpus Christi 1991, writ

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denied); and in determining whether to extend the repayment schedule for a reasonable length of time
2
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upon a showing of unreasonable hardship on the part of the obligor...“ in the interest M. CR, 55 SW3d
App.—San
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104, 109 (Tex. Antonio, 2001, no pet).

42354526

The current withholding order, taking fitty percent of Mr. Holmes’s earnings. imposes a severe

Number:

hardship on him unless the wage withholding order is modified.

Document

Certified
 HAROLD HOLMES requests this Court modify, correct, or reform the judgment in this cause to

show that AMY WILLIAMS is not entitled to withhold from his eamlngs, or, in the alternative, that the

amount of monthly withholdings be limited to a specific amount each month that does not impose

unreasonable hardship upon him. HAROLD HOLMES further requests this Court to terminate the Judicial

Writ of Income Vlfirhholding to Employer, attached as Exhibit A.

II. Interest

HAROLD HOLMES does not owe any interest for child support arrearages because he has in tact

paid his child support obligation, in full, to AMY WILLIAMS. As such, HAROLD HOLMES requests that the

Court modify, correct, or reform the judgment by stating no interest is owed.

in the alternative. if the Court finds that interest is owed, HAROLD HOLMES requests that the

Court recalculate the interest. First, the Court should only calculate the interest that AMY WILLIAMS
would have been entitled to had she brought a child support action within the timetrame allowed by law,

i.e., calculate interest through 1993.

In the alternative, if the Court finds that interest is owed through 2009, HAROLD HOLMES

requests the Court recalculate the interest based upon the incorrect computation of the child support

arrearages and the interest on the child support arrearages, as stated in Amy Williams’ Exhibit 6. including

but not limited to the incorrect amounts of child support stated for years 1972 and 1977.

In the allemative, HAROLD HOLMES requests the Court recalculate the interest by not computing
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3 interest on principal that has not been previously confirmed and reduced to money judgment.
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in the alternative, HAROLD HOLMES requests the Court recalculate the interest by not computing

prejudgmenl
42854526

interest.

Number:

Document

Certified
 I/I. Prayer

HAROLD HOLMES prays that this Court modify, correct, or reform the judgment as stated herein.

HAROLD HOLMES prays for general relief.

Respectfully submitted.

THE WADDELL LAW FIRM, P.C.

917 525
Franklin, Suite
Houston, Texas 77002
Tel: (832) 239-8590
Fax: (713) 228-2297-2949
ATTORNEY FOR HAROLD HOLMES

NOTICE OF HEARING

The above motion is set for hearing on

Judicial District Court, Harris County, Texas.
AUG
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1'

2 % at ‘E M. in 309"‘

7
Judge or Clerk

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42854526

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Certified
 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above was forwarded via facsimile, and/or

certified mail in accordance with the Texas Rules of Civil Procedure on this the 17th day of July, 2009, to

the following:

Steven A. Sinkin
Karen L. Marvel
105 West Woodlawn
San Antonio, Texas 78212-3457
(210) 732-6000 (fax)

Randy Boykin
Sue Tomlinson
Office of the Attorney General
6200 Savoy. Suite 930
Houston, Texas 77036
(713) 785-3452 (fax)

ure E.
Atto ey for Harold Holmes

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42854526

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Certified
 '01/15/2009 11:23 FAX 2s14911o24 HAL l10L!1ES 001

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In the Dlstrict Court
’

Iu the Interest of §
§
309"‘ Judicial District
Glenna Noel Holmes §
§ .

A Child § Harris County, Texas

Judicial Writ of Income Wlthh oldlng to Employer

You, the employer of Harold F. Holmes are directed to withhold income from the Obligofs
disposable earnings from this employment as follows:
-
-

Obligor: Harold F. Holmes Obligcez Amy Williams
SSN: -

46_O-82-3436 .

Address:
‘_/
-
-

9902 Town: Tower Laue -

Unisys
Sugaz-land, Texas 77478
‘

IFAS _

Employer(or any current or subsequent employer in possession of this writ):

Ali cf Independent School District
Arm: Tcrcsa Ashton
Human Rusounces
PO. Box 68
A1iefTX 7741 1

Children and Dates of Birth
Glenna Noel Holmes
12/23/65

Qeter[n,|'nation of A:-rang:
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6 finding Harold F. Holmes
On Inna 19, 2009. the couxt iusued an Order on Chxmnlative Judgment
be in antcaxs for the. amount of $55,486.78 as of_June 19, 2009.
Page

_
to

-AS
used in this Writ, theltxm "Arrearagc" means:

. 1. pariodic payments on lump sum child support whether past due or not, or
2. periodic ‘payments of pest due regular and/or medical child support

LL
cemfied_Docum’em1\gumt3er:’42s54526._—

Pagux of 9
EXHIBIT

‘
 (17/15/2009 11:23 FAX 2814911924 HAL HOLMES 00::

All payments shall be made payable to Amy Williams and Child Support- 2 Collect, Inc, and
shall identify the obligor, the Obligee, the date of withholding and cause number, which is

000703074.

Nogg of Qhange of Emgloygent:
An employer is to notify the Court and the LAW OFFICES OF SINKIN & MARVEL within
7 days of the date that the Oblignr terminates employment. The employer
must provide the
0bligor's last known address and the name and address of the 0bllgor's new employer, if
known.

Referc to the Incomewlth ldlu La :

Attached to Writ is a copy of Texas Family Code, Chapter 158, which sets forth rights, duties
this
and potential liabilities ofemploycrs, in additionto the provisions of this WriL

Issued on this dune: Hm 9 mm
:9" vlerk ef the mstrict Court
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ii‘: (”gr*-\_€17y‘;:‘\.‘ Harris County, Texas

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 o7/1s/zooa 11:23 FAX 2314911024 HAL HOIMES I2] 003
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Witllhoiding Earglngvs for Child fiuppgrt:

or subsequent employer of Obligor in possession of this Writ is directed to
begin
Any current
the date
withholding from Obligoi-‘s disposable. earnings no later than the firs: pay period following
this Writ is served on the employer.

The amount of earnings to be withheld is:

1. $2,311.95 if Obligor is paid monthly, which is $0.00 to be applied to current support
and
$2,311.95 toward the arrearage owed.
'

,1. 2. $1,155.98 lfobllgor is paid twice monthly, which is $0.00 to be applied to current support
and $1,155.98 toward the arrearage owed.

3.
-

$1,066.96 if Obligor is paid every other week, which is $0.00 to be applied to current

support and $1,066.96 Inward the amearage owed.

-
4. $533.60 if the Obligor is paid every week, which is $0.00 to be applied to current support
and $533.60 toward the amsarage owed.

The employer shall withhold earnings in the above amount until youreeeive notice the total amount
duehns been paid.
'

'

l_Vl'_g_xjmum Amgpnt Withheld:

The maximum amountto be withheld shall not exceed 50 per cent of 0bl.igor's disposable earnings.
'lfmore than one order or writ is received for different children of the same Obllgor, payment should
be made according to Texas Family Code Section 158.207.

Defi
" Of
'
sableEnrn'

"Disposable Earnings" means thepart of the eamings ufaitindividual remaining after the deduction
from those earnings of any amount required bylaw or to be withheld, union dues, non-discretionary
retirement contributions, and medical, hospitalization, and disability insurance coverage for the
'

qf§
Obligor and the Obligofs children.
8 -

Method of jfgyment:
Page

The cm.p1oyes-isdirrxpsted to pay all amounts withheld on each regular pay day to;
«

Texas Child Support
N1lmher:4i854§i6

State Disbursement Unit
PO. Box 659791
San Antonio, TX 7826509791
Pogez of 9
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Came to hand on the following date at the following lime’.
o'clock and executed on the following date at the following time:
by delivery by certified mail, return receipt requcsted to the
employernamed wi1hi.u,as herein directcd, a tme copy of this Writ together with a copy of th::Texas
Family Code, Chapter 158.

This original mtumcd on the following date:
Clerk of the District Court
Harris County, Texas

Bar
Deputy

‘

OblIgce‘s Attorney:
Law Offices of
'

Sinldn & Marvel
105 West Woodlawn Ave.
San Antonio, TX 78212-3457
210-732-6000 Telephone
210~73 6—2777 Telccopier

of‘)

9
Page

—

42854526

Number-:

Pngod of 9
Dpoument

-Conified
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1, Chris Daniel, District Clerk of Harris
County, Texas certify that this is a true and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
Witness my official hand and seal of office
this August 13, 2015

Certified Document Number: 42854526 Total Pages: 9

a""’°W««Jo€
DISTRICT CLERK
Chris Daniel,
HARRIS COUNTY, TEXAS

In accordance with Texas Government Code 406.013 electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal
please e-mail support@hcdistrictclerk.com
 [g
R C (L
E “No. 703024
IN F
THE INTEREST or ,6,
IN THE nrsmrcr COURT fie,

Kw M
9‘.;,\n

GLENNA NOEL HOLMES "N3 § 309TH JUDICIAL DISTRICT

A CHILD HARRIS COUNTY, TEXAS
T
xxme‘
Wu“ ((1 [) Lb {.m(_,>

8,
FINAL REFORMED ORDER

On September 18. 2009, the Court heard Amy William's Motion for Reconsideration," Alternatively

Motion for New Trial on the Issue ofAttomey's Fees and Otherwise; and Motion to Strike Pleadings. The

Court also heard Harold Ho|mes‘s Motion for New Trial for Harold Holmes; Motion to Modify, Correct, or

Reform Judgment, Motion" for Temporary Orders Pending Appeal; Motion to supersede Judgment. The

Court also heard Patricia Webber, formerly known as Patricia Ho|mes‘s Motion for Reconsideration and
I

Motion for New Trial.

All persons entitled to notice were properly notified. Amy Williams and Harold Holmes appeared in

person and through their respective counsel. Patricia Webber appeared through counsel. The State of

Texas did not appear.

A record was made by the official court reporter of the 309"‘ Judicial District Court, Delores

Johnson.

IT IS ORDERED that Amy William's ‘Motion to Strike Pleading on Harold Ho|mes's Motion tor

Reconsideration; Alternatively Amended Motion for New Trial is GRANTED as untimely, and the Court
of5

1 -

proceeded to hear the Motion for New Trial by Harold Holmes filed on July 17, 2009.
Page

-
IT IS ORDERED that Amy William's Motion for Reconsideration,’ Altematively Motion tor New Trial

on the Issue of Attorney's Fees and Otherwise was granted in part, as stated herein.
4370419]

Number:
IT IS ORDERED that Harold Ho|mes's Motion for New Trial for Harold Holmes; Motion for

Temporary Orders Pending Appeal were denied.
Document

EXHIBIT
Certified

,
C
 IT IS ORDERED that Harold Holmes's Motion to Modify, Correct, or Reform Judgment and Motion

to supersede Judgment were granted in part, as stated herein.

IT IS ORDERED-that Patricia Holmes‘s Motion for Reconsideration and Motion for New Trial were

denied.

IT IS ORDERED that Amy Williams is granted and rendered a judgment for child support
‘H 1"s‘h"'0
‘

arrearages, including accrued interest against Harold F. Holmes in the amount of as of
T..Ml‘l
',

judgment, such judgment bearing interest at 6 percent
2009, the date of rendition of this
3’ ,, lfi
simple interest per year until
IT lS 0V~.\3‘U~I-i‘) 041
the date the judgment is paid and
fnqncnfx f<«1r~<.o¢v't‘q9{C.'
2009.
~V4N
IT IS ORDERED hat a judgment for attomey‘s fees of $5,000.00 are taxed as cos against Haro d

F. Holmes, and Harold Holmes is ORDERED to pay those tees, by cash, cashier's check, or money order,

directly to Steven A. Sinkin & Karen L. Marvel, at Sinkin & Marvel, 105 West Woodlawn, San Antonio,

Texas 78212 and Shawn Casey, P.O. Box 27247, Houston, Texas 77227. The attorney may enforce this

order for fees in the attomey’s own name and such judgment bearing interest at the maximum rate

provided by law from the date this order is rendered until paid.

In the event of an unsuccessful appeal to the Court of Appeals by Harold F. Holmes an additional

judgment of $3,000.00 for attomey's fees is granted in favor of Steven A. Sinkin Karen L. Marvel and

Sinkin & Marvel and Shawn Casey and against Harold Holmes. in the event of an unsuccessful petition for

review to the Supreme Court of Texas by Harold Holmes an additional judgment of $2,000.00 for attorney's
of5

2 fees is granted in favor of Steven A. Sinkin & Karen L.-Marvel and Sinkin & Marvel and Shawn Casey
Page

-
against Harold Holmes. The attorney may enforce this judgment for fees in the attorney's own name and

4370419]

such judgment bearing interest at the maximum rate provided by law trom the date this order is rendered

until paid.
Number:

Document

Certified

to
 IT IS ORDERED that Amy Williams is granted and rendered a judgment for court costs of $552.08

against Harold Holmes. Such judgment for court costs bearing interest at the maximum rate provided by

law from the date this order is rendered until paid.

IT IS ORDERED that Amy Williams is entitled to issue child support liens, levies, and writs of

income withholding as remedies forcollection of unpaid child support, and all remedies available to enforce

the child support arrearage judgment enumerated above shall be payable as permitted by the Texas Family

Code and through this Court's EmpIoyer’s Order l/Wthholding from Harold Holmes's Earnings with the

following exceptions:

a. IT lS ORDERED that the income withholding shall be limited to $800.00 per month.

b. IT IS ORDERED that Harold F. Holmes homestead, presently located at 9902 Towne Tower

Lane, Sugar Land, Texas 77478 shall be exempt from any execution for the judgment for child

support interest arrearage or the judgment for attomey’s tees and costs awarded.

c. IT IS ORDERED that Harold Holmes's 1997 Mercury Marquis motor vehicle, VlN is

2MELM75WOVX710739 shall be exempt from any execution for the judgment for child support

interest arrearage or the judgment for attomey’s fees and costs awarded.

d. IT l8 ORDERED that Harold F. Holmes checking account_at Bank of America, Account No.
of5

3 O05865690210shall be exempt from any execution for the judgment for child support interest
Page

-
arrearage or the judgment for attomey’s fees and costs awarded.

43704191

IT IS FURTHER ORDERED that the Lien previously issued to Bank of America to execute on

Number:
Harold F. Holmes's Account No. 005865690210 shall be released and that no other liens may be placed on

this bank account for purposes of the judgments enumerated herein,
Document

Certified

DJ
 IT IS ORDERED that all child support upaymentsube made to Texas Child Support State

Disbursement Unit, P..O. Box 659791, San Antonio, Texas 78265-9791.

IT IS ORDERED that Harold F. Holmes shall notify in writing the Court, and Sinkin & Marvel at 105

West Woodlawn, San Antonio, Texas 78212-3457 telecopier (210) 736-2777, and the State Case Registry

within seven (7) days of any changes of address or employment,

~~
On this date, the Court signed an Employer's Order Vlfrthholding from Harold Holmes’s

Earnings, which complies with the Court's ruling regarding withholding from Harold F. I-lo|mes‘s income.

Date of Order

-Signed this the / 57” day of .2009.
'

/

JUDGE PRESIDING

APPROVED AS TO FORM: ‘

THE WADDELL LAW FIRM, P.C.

By:
LAUREN E. WADDELL
State Bar No. 24036440
of5 917 Franklin, Suite 525
4 Houston, Texas 77002
Page (832) 239-8590
-
(713) 228-2297/Facsimile
ATTORNEY FOR HAROLD HOLMES
43704191

AND PATRICIA WEBBER

Number:

Document

Certified
 LAW OFFICES OF SINKIN 8: MARVEL

~ST VEN SINKIN
Slate Bar No. 18438700 /(“,2 L‘::“”"/
/ L1 /0
105 Westwoodiawn Avenue .

San Antonio, Texas 78212
(210) 732-6000
(210) 736-2777 (Facsimile)
ATTORNEY FOR AMY WILLIAMS

OFFICE OF THE ATTORNEY GENERAL

Byi
RANDY BOYKIN -

State Bar No.
6200 Savoy, Suite 930
Houston, Texas 77036
(713) 78543452 (Facsimile)
ATTORNEY GENERAL

of5

5
Page

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4370419]

Number:

Document

Certified
 I, Chris Daniel, District Clerk of Harris
County, Texas certify that this is a true and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
Witness my official hand and seal of office
this August 13, 2015

Certified Document Number: 43704191 Total Pages; 5

Ciaaflmz DISTRICT CLERK
Chris Daniel,
HARRIS COUNTY, TEXAS

In accordance with Texas Government Code 406.013 electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal
please e-mail support@hcdistrictclerk.com
 7/30/2015 3:16:18 PM
Chris Daniel —
District Clerk Harris County
Envelope No. 6296607
By: Pal Montgomery
Filed: 7/30/2015 316:18 PM

INCOME WITHHOLDING FOR SUPPORT P993

[I ORIGINAL INCOME WITHHOLDING ORDERINOTICE FOR SUPPORT (IWO) RAOWX
D AMENDED IWO
E] ONE-TIME ORDERINOTICE FOR LUMP SUM PAYMENT
TERMINATION of IWO Date; 07/30/2015

|:|ChiId Support Enforcement (CSE) Agency Court L] Attorney |:]Private individual/Entity (Check One)
NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the
sender (see IWO instructions if you

receive this document from someone other than a State or Tribal CSE agency or a Coun, a copy of the underlying order
must be attached.

StateITribefl’erritory Texas Remittance Identifier (include wlgayment)
Citylcounty/Dist.f|‘ribe Harris Counlv Order ldentifier000703024 / 30 H
Private IndividuaUEntity CSE Agency Case Identifier 0010679282

Aliei ISD RE: Holmes, Harold
Employerllncome Vtfithholders Name Employee/Obligor's Name (Last, First, Middle)
XXX-XX-XXXX
Employerllncome Vlnthholders Address Employee/Obllgors Social Security Number
PO. Box 68 Vllilliams. Amy
Custodial PartyIOb|igee’s Name (Last, First, Middle)
Alief, Texas 77411

Employerllncome Vifithholdefs FEIN

Chi|d(ren)'s Name(s) (Last, First, Middle) Child(ren)‘s Birth Date(s)
Holmes, Glenna Noel 12/23/1955

ORDER INFORMATION: This document is based on the support or withholding order from Texas (Statefi'ribe).
You are required by law to deduct these amounts from the employee/obIigor’s income until further notice.
15
0 Per month current child support
$ 0 Per month past-due child support - Arrears greater than 12 weeks? CIYesI:] No
$ 0 Per month current cash medical support
$ 0 Ferment“ past-due cash medical support
$ 0 Per month current spousal support
$ 0 Perrnenth past-due spousal suppon
0f3
5 0 per month other (must specify) past-due child suppon obligation temporarily suspended until October 2, 2015 ,

I for Amount to Wlthhoid of S
a Total 0 per month
Page
AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. if

-

your pay cycle does not match the ordered payment cycle, withhold one of the following amounts:
Oper weekly pay period $ 0 per semimonthly pay period (twice a month)
$
0per biweekly pay period (every two weeks)$ 0 per monthly pay period
$
Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order.
66465545

$

REMITTANCE INFORMATION: If the employeelobligors principal place of employment is “X35 (statefiribe),
you must begin withholding no later than the firs! pay period that occurs -——-days after the date of Send
_
Number:
receipt .

payment within Same working days of the pay date. if you cannot withhold the full amount of support for any or all orders
for this employeelobligor, withhold up to 50 %
of disposable income for all orders. If the employeelobligors principal
place of employment is not Texas (StateITribe), obtain withholding limitations, time requirements, and any
n -.9 n for the
Document '

allowable employer fees at n r I
'

employee/obligors principal place of employmnt.

Certified Document Tracking identifier EXHIBIT OMB 0970-0154

D
 For electronic payment requirements and centralized payment collection and disbursement facility information (State
‘

Disbursement Unit [SDU]). see u I '

. . , .

include the Remittance identifier with the payment and if necessary this FIPS code:

Remit gayment to Texas Child Support Disbursement Unit (TXCSDU) (SDUlTribal Order Payee)
at PO. ox 659791.53" Antonio. Texas 78265-9791 (SDU/'l'ribal Payee Address)
El Return to Sender [Completed by Empioyerllncome Withholder]. Payment must be directed to an SDU in
accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). if payment is not directed
to an SDUITribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender.

Signature of Judgelissuing Official (if regiiiired by State or Tribal law):
Print Name otJudge/issuing gfficiaelzd -7), /_, J
N
T

TitieofJudgellssuing Official. '9” "iW”’{i’iU
- V

Date of Signature: 7/31/207 5 V "

if the employeelobligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy
of this IWO must be provided to the employeelobligor.
E] it checked, the employer/income withhoider must provide a copy of this form to the employeelobligor.

ADDlTiONAL INFORMATION FOR EMPLOYERSIINCOME WITHHOLDERS
State-speclflc contact and withholding information can be found on the Federal Employer Services website located at:
'
r I i I l rl n I n

Priority: Vimhhoiding for support has priority over any other legal process under State law against the same income
(USC 42 §666(b)(7)). lfa Federal tax levy is in effect, please notify the sender.
Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts
from more than one employee/obIigor's income in a single payment. You must, however, separately identify each
employee/obiigor's portion of the payment.

Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a
Tribal CSE agency. If this [W0 instructs you to send a payment to an entity other than an SDU (e.g., payable to the
custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this

iWO was sent by a Court, Attorney. or Private |ndividualIEntity and the initial order was entered before January 1, 1994 or
the order was issued by a Tribal CSE
agency, you must follow the "Remit payment to‘ instructions on this form.

Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the
amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if
applicable) of the employeelobiigors principal place of employment regarding time periods within which you must
implement the withholding and fonivard the support payments.
Multiple lWOs: if more than one IWO against this employeelobligor and you are unable to fully honor all lWOs
there is
due to Federal, State, or Tribal withholding limits, you must honor all iWOs to the greatest extent possible, giving priority
of3
to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee!
obIigor's principal place of employment to determine the appropriate allocation method.
2
Page Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to
this employeelobligor such as bonuses, commissions. or severance pay. Contact the sender to determine if you are
required to report andlor withhold lump sum payments,
-

66465545
Liability: you have any doubts about the validity oi this IWO, contact the sender. if you fail to withhold income from the
if

empioyeelobiigofs income as the lWO directs, you are liable for both the accumulated amount you should have withheld
and any penalties set by State or Tribal law/procedure.
Number:

Antl—dlscriminatIon: You are subject to a fine determined under State or Tribal law for discharging an employeelobligor
from employment, refusing to employ, or taking disciplinary action against an employeelobligor because of this IWO.
Document

OMB Btpiration Date— 05/31/2014. The OMB Expiration Date has no bearing on the tennination date oithe IWO; it identifies the version of
Certified

the form currently in use.
 Employefs Name: Niel 150 Employer FEIN:
Employee/Ob|igor‘s Name: Harold Holmes
CSE Agency Case Identifier: 0010579232 Order Identifier: 000703024

Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer
Credit Protection Act (CCPA) (15 U.S.C. 1673(b)): or 2) the amounts allowed by the State or Tribe of the empioyeel
obligors principal place of employment (see REMITTANCE INFORMATION). Disposable income is the net income left
after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; statutory pension
contributions; and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another
family and 60% of the disposable income if the obligor is not supporting another family. However, those limits increase
5% - to 55% and 65% - it the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee
for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section.

For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal
employersfincome withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the
law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section
303(d) of the CCPA (15 U.S.C. 1673 (b)).

Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums
in detennining disposable income and applying appropriate withholding limits.

Arrears greater than 12 weeks? if the Order Information does not indicate that the arrears are greater than 12 weeks,
then the Employer should calculate the CCPA limit using the lower percentage.

Additional Information:

NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: if this employee/obligor never worked for
you you are no longer withholding income for this employee/obligor. an employer must promptly
or notify the CSE agency
and/or the sender by returning this form to the address listed in the Contact Information below:

C] This person has never worked for this employer nor received periodic income.

I] This person no longer works for this employer nor receives periodic income.
Please provide the following information for the employeelobligorz

Termination date: Last known phone number:

Last known address:

Final payment date to SDU/ Tribal Payee: Final payment amount:

New employers name:
New employers address:
of3

3 CONTACT INFORMATION:
Page

-
'
If you have any questions, contact 30901 D'5'i'¢l 90"” (Issuer name)
by phone at(713) 2744520 , by fax at , by email or website at: .

66465545

Send terminationlincome status notice and other correspondence to:
201 Caroline, 16th Floor, Houston, Texas 77002 (Issuer address).

Number: -
it the employee/obligor has questions, contact 309"‘ District C00" (Issuer name)
by phone at(713) 2744520 ,by fax at by email or website at
,
-

Document

IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor.
Certified
 1, Chris Daniel, District Clerk of Harris
County, Texas certify that this is a true and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
Witness my official hand and seal of office
this August 13, 2015

Certified Document Number: 66465545 Total Pages; 3

flzflwz DISTRICT CLERK
Chris Daniel,
HARRIS COUNTY, TEXAS

In accordance with Texas Government Code 406.013 electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal
please e-mail support@hcdistrictclerk.com
 7/30/2015 3:16.18 PM
Chris Daniel -
District Clerk Harris County
Envelope No. 6296607
By: Pat Montgomery
Filed: 7/30/2015 31P6.18 PM
INCOME WITHHOLDING FOR SUPPORT 993

El ORIGINAL INCOME WITHHOLDING ORDERINOTICE FOR SUPPORT (IWO)
AOWOX
I2 AMENDED IWO
El ONE-TIME ORDERINOTICE FOR LUMP SUM PAYMENT
El TERMINATION of [W0 Date: 10/02/2015

[:]Child Support Enforcement (CSE) Agency [2] Court |:| (Check One)
Attorney |:]Private IndividuaIIEntity
NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the
sender (see two instructions n u it you
' ' '
'

.

receive this document from someone othe than State or ribal CSE agencyor a Court. a copyof the unerlying order
must be attached.

State/TribeITerritory Te>