Mehmet Turan Erkan v. Habibe Nalan Erkan

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ACCEPTED 03-14-00148-CV 6386149 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/6/2015 1:24:51 PM JEFFREY D. KYLE CLERK NO. 03-14-00148-CV __________________________________________________________________ FILED IN 3rd COURT OF APPEALS IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 8/6/2015 1:24:51 PM __________________________________________________________________ JEFFREY D. KYLE Clerk MEHMET TURAN ERKAN, Appellant, v. HABIBE NALAN ERKAN, Appellee. __________________________________________________________________ On Appeal from the 201st Judicial District Court Travis County, Texas Trial Court Cause No. D-1-FM- 12-002773 The Honorable Stephen Yelenosky, Presiding Judge __________________________________________________________________ APPELLANT’S MOTION FOR LEAVE AND FOR EXTENSION OF TIME TO FILE 2nd AMENDED BRIEF AND AMENDED NOTICE OF APPEAL __________________________________________________________________ Respectfully submitted, Jennifer L. Mathis Texas Bar No. 24081964 mathisjl@gmail.com 3603 Parkway Terrace Bryan, Texas 77802 (972) 822-6374 – Telephone (972) 692-5223 – Fax ATTORNEY FOR APPELLANT APPELLANT’S MOTION FOR LEAVE AND EXTENSION OF TIME Page 1 TO THE HONORABLE JUSTICES OF SAID COURT: Appellant Mehmet Turan Erkan (“Appellant”) files his Appellant’s Motion for Leave and for Extension of Time to File 2nd Amended Brief and Amended Notice of Appeal pursuant to TEX. R. APP. P. 38.7 and TEX. R. APP. P. 10.5(b). Appellant asks the Court for leave to amend his brief to include the Second Supplemental Record that was filed on July 13, 2015. In support of this motion, Appellant would show the Court the following: PROCEDURAL BACKGROUND 1. On February 6, 2014, Appellant filed a Notice of Appeal. 2. On March 12, 2014, the Clerk’s Record was filed with the court. 3. On March 19, 2014, the Docketing Statement was filed with the court. 4. On March 19, 2014, the Reporter’s Record was filed with the court. 5. On April 14, 2014, Appellant, pro se, filed his brief. 6. On May 19, 2014, the court issued a notice to Appellee that her brief was late, asking Appellee to respond by May 29, 2014. 7. On June 4, 2014, Appellant’s newly retained counsel filed an appearance Motion for Leave and Extension of Time to file an amended brief. 8. On June 5, 2014, Appellant’s motion was granted. 9. On July 7, 2014, Appellant filed his First Amended Brief. 10. On July 13, 2015, a supplemental record was filed containing an Amended Final Decree of Divorce. See Exhibit “A”. APPELLANT’S MOTION FOR LEAVE AND EXTENSION OF TIME Page 2 REQUEST FOR LEAVE AND EXTENSION OF TIME TO FILE AMENDED BRIEF AND NOTICE OF APPEAL 11. Pursuant to TEX. R. APP. P. 38.7, Appellant seeks leave to file an amended brief and notice of appeal to correct a superficial error. Rule 38.7 allows a party to amend or supplement a brief whenever justice requires, on whatever reasonable terms the court may prescribe. 12. Mr. Erkan filed a notice of appeal pro se with the trial court on February 6, 2014. After Mr. Erkan filed his notice of appeal, on March 6, the divorce decree was amended. The undersigned was retained sometime in May, 2014, through a pro bono appellate organization. The undersigned was provided with the clerk’s record and other documents relating to the appeal. However, the original clerk’s record did not reflect that there was an amended divorce decree. The undersigned was not aware of the amended decree when she prepared and filed Appellant’s Amended Brief. 13. By chance, Appellant’s counsel recently became aware of the Amended Final Decree of Divorce and requested a supplemental record, which was filed on July 13, 2015. There are no material changes between the Final Decree of Divorce and the Amended Final Decree of Divorce. The terms of the decree that are the subject of this appeal are the same in both decrees. The grounds for this appeal remain the same. APPELLANT’S MOTION FOR LEAVE AND EXTENSION OF TIME Page 3 14. However, because Appellant’s counsel was not aware of the amended decree, Appellant’s Amended Brief inadvertently refers to the original divorce decree and not the amended one. Appellant’s counsel requests permission to amend Appellant’s Brief and Notice of Appeal to correct this superficial error so that Appellant will not be prejudiced by this error. The only changes Appellant will make to his Brief and Notice of Appeal will be to change all references to the original divorce decree to instead refer to the Amended Final Divorce Decree filed on March 6, 2014. 15. The undersigned also requests an extension of time, pursuant to TEX. R. APP. P. 10.5(b), of ten days to file Appellant’s Amended Brief and Notice of Appeal. 16. Appellee will not be prejudiced by the granting of this motion. Appellee is not represented by counsel and has not filed a responsive brief to Appellant’s Amended Brief, filed more than one year ago. 17. Pursuant TO TEX. R. APP. P. 10.5(b)(1)(A), the original deadline for filing Appellant’s Brief was April 18, 2014. 18. However, there is no deadline stated in the rules for filing an amended brief. TEX. R. APP. P. 38.7 states that amended briefs are allowed when justice requires and on whatever reasonable terms the court prescribes. APPELLANT’S MOTION FOR LEAVE AND EXTENSION OF TIME Page 4 19. Pursuant to Tex. R. App. P. 10.5(b)(1)(B), the length of the extension sought is ten days.1 20. Pursuant to TEX. R. APP. P. 10.5(b)(1)(C), the facts relied on to reasonably explain the need for an extension are: (1) Appellant’s counsel was unaware that the divorce decree had been amended; (2) Appellant’s Amended Brief inadvertently refers to the wrong divorce decree; (3) There are no material changes between the original divorce decree and the amended divorce decree; (4) the grounds of appeal and the overall substance of Appellant’s Brief remain the same; (5) Appellee has not yet filed a response to Appellant’s Amended Brief; and (6) Appellee will not be prejudiced by granting the extension. 21. Pursuant to Tex. R. App. P. 10.5(b)(1)(D), there has been one previous extension granted to Appellant regarding Appellant’s Brief. PRAYER For these reasons, Appellant Mehmet Turan Erkan requests that the Court sign an order granting Appellant’s Motion for Leave and for Extension of Time to File 2nd Amended Brief and Notice of Appeal and extend the time for filing the Appellant’s 2nd Amended Brief and Notice of Appeal up to and including August 16, 2015. Appellant also requests any other relief to which he may be entitled. 1 Appellant’s Amended Brief would be due on or before August 16, 2015. APPELLANT’S MOTION FOR LEAVE AND EXTENSION OF TIME Page 5 Respectfully submitted, By: __________________________________ Jennifer L. Mathis Texas Bar No. 24081964 mathisjl@gmail.com 3603 Parkway Terrace Bryan, Texas 77802 (972) 822-6374 – Telephone (972) 692-5223 – Fax ATTORNEYS FOR APPELLANT CERTIFICATE OF CONFERENCE In accordance with TEX. R. APP. P. 10.1(a)(5), I certify that on August 5, 2015, at 1:41 P.M., and again on August 6, 2015, at 10:09 A.M., I attempted to call Appellee and confer on this motion. On both occasions, there was no answer, and I was not able to leave a message for Appellee because her mailbox was full. It is not known if Appellee is opposed to this motion. However, I have recently obtained the correct address for Ms. Erkan and will be sending her a copy of this Motion via certified and regular mail. The correct address is noted in my Certificate of Service below for the Court’s records. ___________________________________ Jennifer L. Mathis APPELLANT’S MOTION FOR LEAVE AND EXTENSION OF TIME Page 6 CERTIFICATE OF SERVICE The undersigned hereby certifies that, pursuant to the Texas Rules of Appellate Procedure, a true and correct copy of the above and foregoing instrument was mailed to Appellee on August 6, 2015, at the following address: Habibe Nalan Erkan 8804 Tallwood Drive, Apt. 29 Austin, Texas 78759 APPELLEE __________________________ Jennifer L. Mathis APPELLANT’S MOTION FOR LEAVE AND EXTENSION OF TIME Page 7 Exhibit A 03-14-00148-CV CLERK’S RECORD VOLUME 1 of 1 FILED IN APPEAL 3rd COURT OF APPEALS AUSTIN, TEXAS Trial Court Cause No. D-1-FM-12-002773 7/13/2015 3:21:44 PM In the 201ST District Court JEFFREY D. KYLE of Travis County, Texas Clerk Honorable STEPHEN A. YELENOSKY Judge Presiding ERKAN, Plaintiff(s) vs. ERKAN, Defendant(s) Appealed to the Court of Appeals for the Third District of Texas, at Austin, Texas Attorney for Appellant(s): ERKAN TURAN MEHMET 505 WEST 7TH STREET, APT 119 AUSTIN, TEXAS 78701 Telephone no.: (512)9452023 Fax no.: ( ) SBOT no.: Delivered to the Court of Appeals for the Third District of Texas, at Austin, Texas on the 13 day of July, 2015. __________________________________________ Chloe Jimenez Deputy 1 INDEX FILED DATE DOCUMENT DESCRIPTION DOCUMENT CATEGORY PAGE Appeals Cover Page Appeal Cover Page 1-1 Index Index 2-2 3/6/2014 !ORD:OTHER ORDER !ORD:OTHER ORDER 3-31 Clerks Record Page Clerks Record 32-32 2 DC BK14087 PG40 NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA. Print court information exactly as it appears on the Petition for Divorce. Cause Number: b- I - Ftrl -Jl -oo 2'] 73 1:! IN THE MATTER OF THE MARRIAGE OF ~ f sr ::lUI ora In t h e 0 u>< .... ~ ~E~ffi'=T TD~AN' &:B~AAf Court Number Petitioner: (.) riritfirst, middle anc1 last name oThe spouse filingor divorce. ~~ [lJ..HI'Sirictcourt cnc ·- ::I And D County Court at Law Co cuu Ecn r- ·- 0:: ce onO 201.3 rt-"'c. ne,o.r,llj .... c tf,, tied I(\ CY'Gter feY -the. P~..rh ~s .... () c.OI)(J(t(Ji P There was no jury. Ne-lhe husband nor wife asked for a jury. fl.rt"J..c..- (il,j CO(&(j . · 1. Appearances PeUUoner -,r- The Petitioner's name is: .... ffie~~h. .m--"---'-'e"""""±--~ First I IU.~r-o.....h.......__ __ _ .E'O: : :. . ~!. . . . ;- =-:k. .=a. '-'E_ Middle Last . .On __ The Petitioner is the: (Check one.) ~band 0Wife (Check one.) ~etitioner was present, representing him/herself The Petitioner announced ready for trial. D The Petitioner was present, representing him/herself. The Petitioner has signed below agreeing to the terms of this Final Decree of Divorce (called "Decree" throughout this document). D The Petitioner was not present but has signed below, agreeing to the terms of this Decree. ~::::::~:ent's r.....,b-...t:_#.____-t-~~~~J._,o_,n_______F:-: -'-("-:-"J'" '~. . ,.a-. ..n-' name is: ___..H--";::'a_b"-7"",.._.· First Phiddle Last . . ---- The Respondent is the: (Check one.) D Husband ~ (Check one.) 1\J..A'fle Respondent was present, representing him/herself. The Respondent announced ready for trial. D The Respondent was present, representing him/herself. The Respondent has signed below agreeing to the terms of this Decree. D The Respondent was not present, but filed an Answer or Waiver of Service and has signed below agreeing to the terms of this Decree. D The Respondent was not present, but filed a Global Waiver of Service that waived Respondent's right to notice of this hearing and did not otherwise appear. D The Respondent was not present, but was served and has defaulted. The Petitioner has filed a Certificate of Last Known Address and a Military Status Affidavit. © Texasl.awHelp.org, Final Decree of Divorce with Children, February 2014 Page 1 of23 3 DC BK14087 PG41 DC BK14008 PG1676 The Court fills out this box. 2. Record ~eporter recorded today's hearing. 0 A Court reporter did not record today's hearing because the Husband, Wife, and judge agreed not to make a record. 0 A Statement of the Evidence was signed by the Court. 3. Jurisdiction The Court heard evidence and finds that it has jurisdiction over this case and the parties, that the residency and notice requirements have been met, and the Petition for Divorce meets all legal requirements. The Court mds that: (Check one.) as been at least 60 days since the Petition for Divorce was filed. 0 the 60 day waiting period is not required because: (Check one.) D Petitioner has an active Protective Order under Title 4 of the Texas Family Code, or an active magistrate's order for emergency protection under Article 17.292 of the Texas Code of Criminal Procedure against Respondent because Respondent committed family violence during the marriage. 0 Respondent has a final conviction or has received deferred adjudication for a crime involving family violence against Petitioner or a member of Petitioner's household. 4. Divorce IT IS ORDERED that the Petitioner and the Respondent are divorced. 5. Children SA. Children Husband and Wife Have Together The Court finds that the Husband and Wife are the parents of the children listed below and that there are no other children bam to or adopted by Husband and Wife who are under 18 or still in high school. (List §!1 biological and adopted children you and your spouse have together who are under 18 or over 18 and still in high school.) State where child Social Security # lives now 1 Child's name --+--- ~:-:- -re. ~A --u~...s $ : 4 I I --------------------------------------------------------- 5 I I ------------------------------- 6 I I --------------------------- The Court finds that there are no other court orders regarding any of the children listed above. © TexaslawHelp.org, Final Decree of Divorce with Children, June 2013 Page 2 of 23 4 DC BK14087 PG42 DC BK14008 PG1677 58. Disabled Children Remember: Tall< to a lawyer if you have a disabled child or an adult disabled child. You or The Court finds that the Husband and Wife do not your spouse may be entitled to child support have any disabled children of any age. even after the child becomes an adult. 5C. Pregnancy Remember: You cannot finish your The Court finds that the Wife is not pregnant. divorce while the wife is pregnant. 50. Children Born during the Marriage, but the Husband Is Not the Father Remember: If the wife had children with another man while married to the husband, vou cannot finish ypur ~heck_)fle.) divorce until: 1) a court order establishes that another ~e Court finds that the Wife did not have man is the father of the children, gr 2) a court order children with another man while married to establishes that the Husband is not the father of the the Husband. children, or 3) paternity of the children is established by filing a valid Acknowledgment and Denial of Paternity. 0 The Court finds that the child/ren listed below See Texas Family Code Section 160.204. Get more was/were born to the Wife during the marriage, information about establishing paternity at but the Husband is not the biological father. www. TexasLawHelp.ora. The Court further finds that: (Check ell that apply.) 0 A court order has established that another man is the biological father of the child/ren listed below. A copy of the court order is attached to this Decree as Exhibit _ . 0 A court order has established that the Husband is not the biological father of the child/ren listed below. A copy of the court order is attached to this Decree as Exhibit _ . 0 A valid Acknowledgement of Paternity was signed by the biological father and a valid Denial of Paternity was signed by the Husband for the child/ren listed below. The Acknowledgment of Paternity and Denial of Paternity were filed with the Vital Statistics Unit. A copy of the Acknowledgment of Paternity and Denial of Paternity is attached to this Decree as Exhibit_. You must list all children bom during the marriage who are not the biological or adopted children of the husband. Child's name Sex Date of Birth 1 2 3 4 5 6 6. Parenting Plan The Court finds that the following orders concerning the rights and duties of the Husband and Wife in relation to their child/ren, including orders for conservatorhip (custody), possession and access (visitation), child support and medical support, are in the child/ren's best interest. The Court further finds that these orders constitute the parenting plan of the Court for the child/ren listed by name in 5A above. © TexaslawHelp.org, Final Decree of Divorce with Children, June 2013 Page 3of23 5 DC BK14087 PG43 DC BK14008 PG1678 7. Conservatorship (Custody) 7A. Rights and Duties of Both Parents The Court ORDERS that both parents always have the following rights: 1. The right to receive information from the other parent or conservator about the child/ren's health, education, and welfare; 2. The right to talk or confer with the other parent, to the extent it is possible, about upcoming decisions concerning the child/ren's health, education, and welfare; 3. The right to have access to the child/ren's medical, dental, psychological, and educational records; 4. The right to talk or consult with the child/ren's doctors, dentists, and psychologists; 5. The right to talk or consult with school officials, including teachers, and school staff, about the child/ren's welfare and educational status and school activities; 6. The right to attend the child/ren's school activities; 7. The right to be designated as an emergency contact on their child/ren's records; 8. The right to give consent for emergency medical, dental, and surgical treatment if the child/ren's health or safety is in immediate danger; and 9. Each parent has the right to manage the child/ren's estate(s) if he or she created it for the child/ren or if that parent's family created it for the child/ren. The Court ORDERS that both parents always have the following duties: 1. the duty to inform the other parent in a timely manner of significant information concerning the health, education, and welfare of the child/ren; and 2. the duty to inform the other parent if the parent resides with for at least thirty days, marries, or intends to marry a person who the parent knows is registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently charged with an offense that would require the person to register as a sex offender under that chapter, if convicted. The parent IS ORDERED to 1 give this notice as soon as practicable, but no later than the 40 h day after the date the parent or conservator begins to reside with the person, or within 10 days of marrying the person. The notice must include a description of the offense that required the person to register as a sex offender or the offense that the person is charged with that may require the person to register as a sex offender. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE. The Court ORDERS that each parent, during his or her periods of possession of the children, has the following rights and duties: 1. The duty to care for, control, protect, and reasonably discipline the child/ren; 2. The duty to support the child/ren, including providing them with food, clothing, and shelter, and medical and dental care that does not involve an invasive procedure; 3. The right to consent to non-invasive medical and dental care for the child/ren; and 4. The right to direct the child/ren's moral and religious training. © TexasLawHelp.org, Final Decree of Divorce with Children, June 2013 Page 4 of 23 6 DC BK14087 PG44 DC BK14008 PG1679 78. Parents Appointed Conservators If the parents will be joint managing conservators. check box 78(1) below and fill in the requested information. If one parent will be the sole managing conservator and the other will be the possessory conservator. check box 78(2) on the next page and fill in the requested information. 78(1) ~t Managing Conservators The Court ORDERS that the parents are appointed Joint Managing Conservators and: (Check 78(1)(a) or 78(1)(b).) 78(1)(a) ~ne Parent Has the Exclusive Right to Decide Where the Chlld/ren Live • • The Court ORDERS that -+.~~,JJ.0.~-+~~~~+,--1;.~-;...J~~r+-- Pnnt the name oft e parent who will decide where the chi/ ren live. has the exclusive right to designate the primary residence of the child/ren and that s/he: {Check one.) D may designate the child/ren's residence without regard to geographic location. [iJ....fntJst designate the child/ren's residence within the following geographic area: (Check one.) D the school attendance zone o f : - - - - - - - - - - - - - - - - - - - ' 1D tl:is county. ar~v~D this county or county adjacent to this county. D Texas. D other:--------------- 78(1)(b) D Neither Parent Has the Exclusive Right to Decide Where the Child/ren Live. The Court ORDERS that neither parent has the exclusive right to designate the primary residence of the children. However, both parents are ORDERED not to move the children's primary residence from the following geographic area: (Check one.) D the school attendance zone o f : - - - - - - - - - - - - - - - - - - - 0 this county. D this county or county adjacent to this county. D other:-------------------------- The Court ORDERS that the parents, as Joint Managing Conservators, also have the rights 51 and duties as marked below. The right or duty listed in the 1 column shall be exercised by the parent or parents as marked in the 2"d, 3nd, 41n, or 51h column. Mother Father Parents Parents (Check one box in each row.) exclusively exclusively independently 1. the right to consent to invasive medical, jo~ dental, and surgical treatment for the D D D child/ren 2. the right to consent to psychiatric or psychological treatment for the child/ren D D ~ D 3. the right to receive child support and save or spend these funds for the child/ren's r;£ D No No benefit 4. the right to represent the child/ren in a legal action and make important legal decisions that affect the child/ren D D ci D 5. the right to consent to a child's marriage, or to a child enlisting in the U.S. Armed D D ~ D Forces 6. the right to make decisions concerning the child/ren's education D D rl D © TexasLawHelp.org, Final Decree of Divorce with Children, June 2013 Page 5 of23 7 DC BK14087 PG45 DC BK14008 PG1680 Mother Father Parents Parents (Check one boK in each row.) exclusively exclusively independently jo;; 7. the right to the services and earnings of D D D the child/ran 8. the right to make decisions for the child/ren about their estates if required by law (unless the child/ran have a guardian or attorney ad litem or guardian of the D D J 0 estate) 9. the duty to manage the child/ren's estates to the extent the estates have been created by the parents' community or joint 0 D 0 property. Sole Managing Conservator and Possessory Conservator The Court ORDERS that is (Print the name of the parent appointed Sole Managing Conservator of the children.) app · ted Sole Managing Conservator of the children. ~~~----~----~--~~------~--~--~~~~is (Print the name of the parent appointed Possessory Conservator of the children.) C!lnrv Conservator of the children. The Court ORDERS that tli ole Managing Conservator has the following exclusive rights and duty: 1. the right to designate the prim residence of the child/ren without geographic restriction; 2. the right to consent to medical, de I, and surgical treatment for the child/ren involving invasive procedures; 3. the right to consent to psychiatric and ps ological treatment of the child/ren; 4. the right to receive child support and to save spend these funds for the benefit of the child/ran; 5. the right to represent the child/ren in legal action an to make other decisions of substantial legal significance concerning the child/ran; 6. the right to consent to marriage and to enlistment in the "ted States Armed Forces; 7. the right to make decisions concerning the child/ren's educa 8. the right to the services and earnings of the child/ren; 9. except when a guardian of the child/ren's estates or a guardian or orney ad litem has been appointed for the child/ren, the right to act as an agent of the ch /ren in relation to the child/ren's estates if the child/ren's action is required by a state, the ited States, or a foreign government; 10. the duty to manage the estates of the child/ren to the extent the estates have by community property or the joint property of the parents. 7C. Order Regarding Passports for the Children The Court ORDERS that: (Check one.) D Mother shall have the exclusive right to apply for and renew passports for the child/ren. D Father shall have the exclusive right to apply for and renew passports for the child/ran. ~er parent shall have the exclusive right to apply for and renew passports for the child/ren. © TexaslawHelp.org, Final Decree of Divorce with Children, June 2013 Page 6 of23 • 8 lhe ~04+ie.s- W',e. cfc~e.r~;r:o:!!? ~ ltot,) :fht. st~rJ(Vd ~O~S~CYl ~6.C.(..~S.S OfiU;) ~C.:t.pt fh~f TY) h t lwcvt 6r"~~ mLl~t obt6-.tn.. ~ mo...~n+~~ lA:> rth. Q.. \otclf'C:OM tr..c..L +r cAtlcl b~-t'af'C.. 0 me ~~~ +hill.J-e """ • :...l.. ......_, 8. Possession and Access (Visitation) I.' CA.~ v \ ' \.JV ~ n 15h: • 'n I o,x- tt\... The Court ORDERS that the parents shall have possession and access to the child/ren as ordered in the: (Check one. Attach the appropriate Possession and Access Order to this Decree. Write Exhibit A at the top.) ~dard Possession and Access Order attached as Exhibit A and fully incorporated into this Decree. D Modified Possession and Access Order attached as Exhibit A and fully incorporated into this Decree. D Supervised Possession and Access Order attached as Exhibit A and fully incorporated into this Decree. (Check only if needed. Attach a Possession and Access Order for Child Under 3 to this Decree. Write Exhibit Bat the top.) D The Court ORDERS that until a child is 3 years old, the parents shall have possession and access to the child as ordered in the Possession and Access Order for Child Under 3 attached as Exhibit 8 and fully incorporated into this Decree. The Court ORDERS that beginning on the child's 3'd birthday, the parents shall have possession and access to the child as ordered in the Possession and Access Order attached as Exhibit A. 9. Child Support 9A. Order to Pay Child Support TheCourtORDERS ffi t.hm~+JJJ tC. 0 (;' rko_n (Obligor)topay (Print the name of heParent who will pay child support.) • and manner described below until one of the following events that terminate child support occurs for each child. Events that Terminate Child Support (See Texas Family Code Sections 154.006 and 154.002.) The obligation to pay child support for a child terminates when: • The child turns 18, unless when the child turns 18 he or she is enrolled and complying with attendance requirements in a secondary school program leading toward a high school diploma or enrolled in courses for joint high school and junior college credit then child support ., terminates at the end of the month in which the child graduates. -or- ' • The child marries, dies, or is emancipated by court order. -or- • The child begins active duty in the United States armed forces. -or- • A court terminates the parent-child relationship between the man ordered to pay child support and the child based on genetic testing that determines the man· is not the child's father. -or- • The person ordered to pay child support and the person ordered to receive child support marry or remarry each other, unless a non parent or agency has been appointed conservator of the child. 98. Obligor and Obligee The Court ORDERS that the parent ordered to ~ child support above is the Obligor and will be referred to as the "Obligor'' throughout this section and section 10. The Court ORDERS that the parent ordered to receive child support above is the Obligee and will be referred to as the "Obligee" throughout this section and section 10. © TexaslawHelp.org, Final Decree of Divorce with Children, June 2013 Page 7 of23 9 DC BK14087 PG47 DC BK14008 PG1682 9C. Child Support Amount(s) If only one child wi eive support, check bo)C 9C(1) and fill in the child support amount. If~ than one child wil ive support, check bo)C 9C(2) and fill in the child support amounts. 9C(1) D For a Single Child Wri 51 · the child support amount for the single child on the 1 line below. Write in t te the 1•' child support payment is due on the 'Z'd line. Choose a due that is after the date this decree will be signed by the Court. Obligor is ORDERED to pay $._ _ _ _---=::~~-child support per month. The 151 payment is due on is due on the 1st day of each month Month I Day I Year after that until child support terminates for the child. 9C(2) ~tlple Children 51 Write in the total child support amount for all of the children on the 1 line. Write in the date the 1•' child support payment is due on the 'Z'd line. Choose a due date that is after the date this decree will be signed by the Court. On each additional line, write in the child support amount for one fewer child. For example, if you have 3 children write in the child support amount for all 3 children on the 1"1 line, the child support amount for 2 children on the :jd line and the child support amount for 1 child on the 4'h line. Note: Child support based on the guidelines set out in Texas Family Code Chapter 154, Subchapter C, decreases each time child support terminates for one of the children. Obligor is ORDERED to pay$ 3t.l 2, child support per month. The 1"1 payment is due on ;6n~ IJ 10 l'J . A like payment is due on the 1st day of each month after Month..I)Jay /~ear that until child support terminates for ~ child. fc,O Afte ild support terminates for one child, Obligor is ORDERED to pay$_ child sup per month. The 1"1 payment is due on the 1"1 day of the 1• m~after child ?~J • support term tes for one child. A like payment is due on the 1st day of each month after that until child suppo rminates for a second child. After child support termi s for two children, Obligor is ORDERED to pay $-----,--~,..- child support per month. The t payment is due on the 1st day of the 1st month after child support terminates for a second ild. A like payment is due on the 1st day of each month after that until child support terminates fo third child. After child support terminates for three chil n, Obligor is ORDERED to pay $_ _ _ _ __ child support per month. The 1st payment is du n the 1st day of the 1st month after child support terminates for a third child. A like paymen · due on the 1st day of each month after that until child support terminates for a fourth child. After child support terminates for four children, Obligor is 0 ERED to pay $_ _ _ _ __ child support per month. The 1st payment is due on the 1st day he 1st month after child support terminates for a fourth child. A like payment is due on the 1 day of each month after that until child support terminates for a fifth child. After child support terminates for five children, Obligor is ORDERED to pay ·~::--:---:-::-:--­ child support per month. The 151 payment is due on the 1st day of the 1"1 month er child support terminates for a fourth child. A like payment is due on the 1"1 day of each that until child support terminates for a sixth child. Warning! Do !!2f pay child support directly to the other parent. Send all child support payments to the Texas hild SupPOrt Disbursement Unit. PO Box 659791. San Antonio. TX 78265. If you pay child support directly to the o r parent, you won't get credit and you may have to pay again! © TexaslawHelp.org, Final Decree of Divorce with Children, June 2013 Page 8 of23 10 DC BK14087 PG48 DC BK14008 PG1683 • 90. Place of Payment The Court ORDERS Obligor to send all child support payments to the Texas Child Support State Disbursement Unit, PO Box 659791. San Antonio, TX 78265, for distribution according to law. The Court ORDERS Obligor to Include the following information with each payment: • Name of parent ordered to pay child support, and • Name of parent ordered to receive child support, and • Cause Number and County of Decree or Order, and • Attorney General Case Number, if applicable. Payments should be made out to the Texas State Disbursement Unit or TXSDU. 9E. No Credit for Informal Payments IT IS ORDERED that money paid by Obligor directly to Obligee or spent while in possession of the child/ren does NOT count as child support and shall be deemed in addition to and not instead of the support ordered in this order. 9F. Child Support Account I Fees Each parent is ORDERED to: • Fill out any forms necessary to set up a child support account, and • Take the forms to the local Domestic Relations Office or county child support liaison within 5 days after the judge orders child support, and • Pay when due all fees charged to that parent by the state disbursement unit and any other agency authorized by law to a charge a fee for the collection and distribution of child support. 9G. Guideline or Non-Guideline Support The Court finds that the child support ordered above is: liJ...ei1Tdeline Support: The amount of child support is approximately the amount recommended by the Texas Family Code Child Support Guidelines. See Texas Family Code, Chapter 154, Subchapter C. 0 Non-Guide/in upport: The amount of child support differs significantly from the amount recommended by the as Family Code Child Support Guidelines. (If the amount ordered is based on the guidelines, you must also provide the following information.) The net monthly income/res ces of the Obligor is $ - - - - - - - - The net monthly income/resource f the Obligee is $ - - - - - - - - Guideline child support would be % of Obligor's net monthly resources, which is $ per month. The actual monthly child support amount order , which is % of Obligor's net monthly income/resources. Guideline child support would be unjust or inappropriate er the circumstances because: © TexaslawHelp.org, Final Decree of Divorce with Children, June 2013 Page 9of23 . ' 11 DC BK14087 PG49 DC BK14008 PG1684 • 9H. Income Withholding IT IS ORDERED that any employer of Obligor is ordered to withhold child support from Obligor's disposable earnings. If an income withholding for support order is served on Obligor's employer, the employer shall withhold child support payments from Obligor's pay, and send it to the Texas Child Support Disbursement Unit. PO Box 659791, San Antonio, TX 78265, where the payments shall be recorded, and forwarded to Obligee. All child support withheld and paid in accordance with this order shall be credited against Obligor's child support obligation. If the employer withholds less than 100% of the child support ordered, Obligor is ORDERED to send the balance owed to the Texas Child Support Disbursement Unit. PO Box 659791, San Antonio. TX 78265. If an income withholding for support order is not served on the employer, or if Obligor's is self-employed or unemployed, Obligor's is ORDERED to send all child support payments to the Texas Child Support Disbursement Unit. PO Box 659791. San Antonio, TX 78265. IT IS ORDERED that the Clerk of this Court shall cause a certified copy of the income withholding for support order to be delivered to any employer of Obligor, if asked to do so by Obligor, Obligee, a ' prosecuting attorney, the title IV-D agency, a friend of the Court, or a domestic relations office. 91. Suspension of Income Withholding Check here if all parties agree not to have the employer withhold child support payments at this time. D The parties agree, and the Court ORDERS that an income withholding for support order shall not be served on the employer unless: 1) child support payments are more than 30 days late, 2) the past due amount is the same or more than the monthly child support amount, 3) another violation of this child support order occurs or 4) the Office of the Attorney General Child Support Division is providing services to Obligee. Obligor is ORDERED to send all child support payments to the Texas Child Support Disbursement Unit. PO Box 659791, San Antonio, TX 78265, where the payment will be recorded, and forwarded to Obligee. 9J. Change of Employment Obligor is ORDERED to notify this Court and Obligee 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 7 days after the change of address or the termination of employment. This notice or a subsequent notice shall also provide the current address of Obligor and the name and address of Obligor's current employer, whenever that information becomes available. 9K. Child Support After Death IT IS ORDERED that the provisions for child support in this decree shall be an obligation of Obligor's estate and shall not terminate on his/her death. Payments received for the benefit of the child/ren, 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 Obligor's estate. 9L. Life Insurance Policy Check here if the person ordered to pay child support should also be ordered to maintain a life insurance policy for as long as child support is ordered. D As additional child support, the person paying child support under this order is ORDERED to obtain and maintain a life insurance policy on his or her life for as long as child support is ordered. The value of the policy shall be at least as much as the total child support obligation. The person receiving child support under this order must be named as the primary beneficiary for the benefit of the children. © TexasLawHelp.org, Final Decree of Divorce with Children, June 2013 Page 10 of 23 12 DC BK14087 PG50 DC BK14008 PG1685 •· 10. Medical Support 10A. Obligation to Provide Medical Support As additional child support, the Court ORDERS the parents to provide medical support as set out in this order for each child listed in SA above until one of the following events that terminate child support and medical support occurs for the child. Events that Terminate Child Support and Medical Support The obligation to pay child support and medical support for a child terminates when: • The child turns 18, unless when the child turns 18 he or she is enrolled and complying with attendance requirements in a secondary school program leading toward a high school diploma or enrolled in courses for joint high school and junior college credit then child support terminates at the end of the month in which the child graduates. -or- • The child marries, dies, or is emancipated by court order. -or- • • The child begins active duty in the United States armed forces. -or- • A court terminates the parent-child relationship between the man ordered to pay child support and the child based on genetic testing that determines the man is not the child's father. -or- • The person ordered to pay child support and the person ordered to receive child support marry or remarry each other, unless a non parent or agency has been appointed conservator of the child. Note about the law: The Obligor is the parent ordered to ~ child support. The Obligee is the parent ordered to receive child support. The law presumes that the Obligor (the parent ordered to~ child support) will also pay for the children's heanh insurance Q! pay cash medical support. Texas Family Code 154.183 The law says that the monthly cost of health insurance is reasonable if it's not more than 9% of the Obligor's monthly resources for all of Obligor's child/ran. Texas Family Code 154. 181 (e) 108. Availability of Health Insurance The Court makes the following findings regarding the availability of health insurance: (Check box 108(1) or 108(2) and fill in the requested information.) 108(1) D Health insurance for the children !! available at reasonable cost to Obligor through: D Obligor's work or membership in a union, trade association, or other organization or another source available to Obligor. The actual cost of the health insurance is $ per month. D Obligee' s work or membership in a union, trade association, or other organization or another source available to Obligee. The actual cost of the health insurance is $ per month. (Note: If health insurance for the children is available to Obligee. and Obligee has other children covered by the same health insurance determine the actual cost of insuring the children in this case by doing this: Divide the total cost of insuring all the children covered by the plan by the number of children insured. Then, multiply that number by the number of children in this case.) 108{2) ~rivate health insurance for the children is not available to either parent at reasonable cost. The child/ren ~/are D is not/are not currently covered by Medicaid. The child/ren DIs/are 0 Is not/are not currently covered by C.H.I.P. The cost, if any, is$ D per month D per year. «:> TexaslawHelp.org, Final Decree of Divorce with Children, June 2013 Page 11 of 23 13 DC BK14087 PG51 DC BK14008 PG1686 Note about the law: The law says the Court should make an order regarding medical support using the following priorities, unless the Court finds that a different order would be in the best interest of the child/ran. The Court's 1•' choice should be health insurance through a parent's work or membership in a union, trade association, or other organization (if it is available at a reasonable cost to the Obligor). The Court's r choice should be health insurance available to a parent through another source {if it is available at a reasonable cost to the Obligor). The Court's ~ choice should be health insurance through a government medical assistance program, i.e. Medicaid or C. .P. Texas Family Code 154.182 if applicable.) Good use exists to make an order that does not follow the priorities set out in Texas Family Code Section 54.182 for the following reasons: (See note about the law above.) 10C. Orders Rega ing Health Insurance and Cash Medical Support Check box 10C(1), 10C{2 OR 10C(3) and write in the appropriate names. • Check box 10C(1) if the bl/gor will provide and pay for health insurance for the children. • Check box 10C(2) if the 0 gee will provide health insurance for the children and the Obligor will pay cash 51 medical support to reimburs he Obligee for the cost of the insurance. Don 1 forget to write in the date the 1 payment of cash medical supp rt is due. Choose a due date that is after the date this decree will be signed by the Court. • Check box 10C(3) if neither parent as access to pn"vate health insurance at a reasonable cost. Obligee will be ordered to apply for coverage under government medical assistance program and Obligor will be ordered to pay cash medical support. Don't forg to write in the date the 1st payment of cash medical support is due. Choose a due date that is after the date his decree will be signed by the Court. 10C(1) 0 Obligor to Provide and Pay Health Insurance As additional child support, the Court OR ERS Obligor,-:=-:-:----:---:----:---:--:----:-::-:----::--- (Print name of parent ordered to pay child support) to get health insurance for the child/ren with 15 days of the date of this order through: (Check one.) 0 Obligor's work or membership in a union, t de association, or other organization. 0 another source available to Obligor. The health insurance must cover basic healthcare rvices, including usual physician services, office visits, hospitalization, and laboratory, X-ray, and eme ency services. Obligor is ORDERED to pay, as additional child suppo all costs of such health insurance, including but not limited to enrollment fees and premiums. Obligor is ORDERED to keep such health insurance in full rce and effect on each child, who is the subject of this suit, until one of the above events that term in te child support and medical support occurs for the child. Obligor is ORDERED to give Obligee the following within 30 da of the date of this order: o Obligor's social security number and the name and address of !igor's employer, and o the name of the insurance carrier, the policy number, and proof th child/ren are covered, and o a copy of the insurance policy and list of benefits covered, and o insurance membership cards for the child/ran, and o any forms needed to use the health insurance, and o any forms needed to submit a claim. Obligor is ORDERED to give Obligee the following within 3 days of receipt: o any insurance checks or other payments for medical expenses paid by Oblig e TexasLawHelp.org, Final Decree of Divorce with Children, June 2013 Page 12 of 23 14 DC BK14087 PG52 DC BK14008 PG1687 •. o any explanations of benefits relating to medical expenses paid or incurred by Obligee. health insurance benefits for the child/ren are changed in any way, Obligor is ORDERED to give ligee information about the change and any new forms needed to use the insurance within 15 da of the change. • If hea insurance benefits are cancelled, Obligor is ORDERED to get new health insurance for the childre within 15 days of the date of cancellation. The new insurance must equal or exceed the prior lev of coverage. The new health insurance must cover basic healthcare services, including usual phy ian services, office visits, hospitalization, and laboratory, X-ray, and emergency services. If Obligor is · ible for dependent health coverage but fails to apply to obtain coverage for the child/ren, the i urer is ORDERED to enroll the child/ren on application of Obligee or others as authorized by Ia . See Texas Insurance Code, Section 1504.051 10C(2) 0 Obligee to rovide Health Insurance I Obligor to Reimburse Cost As additional child su rt, the Court ORDERS Obligee,..,----......,...,,----...,---:::---:--:-::-:----:-:- (Print name of the person who will receive child supporl) to get health insurance fo he child/ren within 15 days of the date of this order through: (Check one.) 0 Obligee's work or mem rship in a union, trade association, or other organization. 0 another source available Obligee. • The health insurance must cove basic healthcare services, including usual physician services, office visits, hospitalization, and laborat , X-ray, and emergency services. Obligee is ORDERED to maintain s h health insurance in full force and effect on each child until one of the above events that terminate c ild support and medical support occurs for the child. Obligee is ORDERED to give Obligor th following within 30 days of the date of this order: o Obligee's social security number and t name and address of Obligee's employer, and o the name of the insurance carrier, the po y number, and proof the child/ren are covered, and o the name of the insurance company and th policy number, and o a copy of the insurance policy and list of ben 1ts covered, and o insurance membership cards for the child/ren, d o any forms needed to use the health insurance, o any forms needed to submit a claim. Obligee is ORDERED to give Obligor the following with I 3 days of receipt: o any insurance checks or other payments for medical ex nses paid by Obligor and o any explanations of benefits relating to medical expenses aid or incurred by Obligor. If health insurance benefits for the child/ren are changed in an ay, Obligee is ORDERED to give Obligor information about the change and any new forms neede o use the insurance within 15 days of the change. If the cost of health insurance benefits forth hild/ren changes, Obligee is ORDERED to give Obligor information about the change within 15 ys of the change. If health insurance benefits are cancelled, Obligee is ORDERED to ge new health insurance for the children within 15 days of the date of cancellation. The new insurance ust equal or exceed the prior level of coverage. The new health insurance must cover basic heal care services, including usual physician services, office visits, hospitalization, and laboratory, X-ra and emergency services. If Obligee is eligible for dependent health coverage but fails to apply to obtai coverage for the child/ren, the insurer is ORDERED to enroll the child/ren on application of Ob or or others as authorized by law. See Texas Insurance Code, Section 1504.051 As additional child support, the Court ORDERS Obligor, -:::-:-:----:---:---=-~-~-:-:----:-- (Print name of parent ordered t y child supporl} to pay Obligee cash medical support of$ per month for reimbu ement of health insurance premiums. The 1st payment is due on ----:--:-=--,.,.~--­ Month I Day I Year © TexasLawHelp.org, Final Decree of Divorce with Children, June 2013 15 DC BK14087 PG53 DC BK14008 PG1688 due on the 1'' day of each month after that until one of the above events that terminate child support and medical support occurs for each child. Obligor is ORDERED to send all cash medical support payments to the Texas Child Support isbu ement Unit PO Box 659791 San An nio TX 78265, for distribution according to law. T Court ORDERS that money paid by Obligor directly to Obligee or spent while in possession of ildren does NOT count as cash medical support. The C rt ORDERS that the cash medical support provisions of this order shall be an obligation of the esta of Obligor and shall not terminate on his/her death. Warning! not pay cash medical support directly to the other parent. Send all payments to the Texas Child upport Disbursement Unit, PO Box 659791, San Antonio, TX 78265. .' 10C(3) D Obligee t pp/y for Coverage under a Government Medical Assistance Program or .. Health Plan Obligor to Pay Cash Medical Support The Court ORDERS 0 igee, , to apply on behalf of (Pn'nt name of person who will receive child support) each child for coverage un era governmental medical assistance program or health plan (i.e. Medicaid or C.H.I.P) within 5 days of the date this decree or order is signed by the Court. If the children are already covered der such a program or plan, the Court ORDERS Obligee to continue such coverage. When such health coverage is ob ined, Obligee is ORDERED to maintain the coverage in full force and effect on each child by paying applicable fees required for the coverage, including but not limited to enrollment fees and premiu s for as long as the children are eligible for such covereage. Obligee is ORDERED to give the Office f the Attorney General Child Support Division a copy of the insurance policy and list of benefits cover d within 30 days of the date of this order. Obligee is ORDERED to give Obligor the fo wing within 30 days of the date of this order: o the name of the insurance company and t policy number, and o a copy of the insurance policy and list of be fits covered, and o insurance membership cards for the child/ren, nd o any forms needed to use the health insurance, nd o any forms needed to submit a claim. Obligee is ORDERED to give Obligor the following wi in 3 days of receipt: o any insurance checks or other payments for medical xpenses paid by Obligor and o any explanations of benefits relating to medical expen s paid or incurred by Obligor. If Obligee is eligible for dependent health coverage but fails apply to obtain coverage for the child/ren, the insurer is ORDERED to enroll the child/ren on plication of Obligor or others as authorized by law. Texas Insurance Code, Section 1504.051 As additional child support, the Court ORDERS Obligor, --,----~--....,...--.,---,...,..,--..,.-­ (Print name o rent ordered to pay child support) 51 to pay Obligee cash medical support o f $ - - - - - - - onth. The 1 payment is due on -'"""":"~~,_....,..,..,,....-----· A like payment is due on the 1st day of ach month after that until Month I Day I Year one of the above events that terminate child support and medical sup ort occurs for each child. The Court ORDERS Obligor to send all cash medical support payments to t Texas Child Support Disbursement Unit. PO Box 659791, San Antonio. TX 78265, for distributio according to law. Warning! Do !!S!! pay cash medical support directly to the other parent. Sen II payments to the Texas Child Support Disbursement Unit, PO Box 659791, San Antonio, TX 78 5. © TexasLawHelp.org, Final Decree of Divorce with Children, June 2013 Page 14 of 23 16 DC BK14087 PG54 DC BK14008 PG1689 The Court ORDERS that money paid by Obligor directly to Obligee or spent while in possession of the children does NOT count as cash medical support. IT IS ORDERED that Obligor is allowed to stop paying of cash medical support, for the time Obligor is providing health insurance coverage for the children, if: a. health insurance for the children becomes available to Obligor at a reasonable cost; and b. Obligor enrolls the child/ren in the insurance plan and pays all costs of the insurance; and c. Obligor provides Obligee and the Texas Office of the Attorney General, Child Support Division the following information: (1) proof that health insurance has been provided for the child/ren, and (2) Obligor's social security number, and (3) name and address of the Obligor's employer, and (4) whether the employer is self-insured or has health insurance available, and (i) if the employer is self-insured, a copy of the schedule of benefits, a membership card, claim forms, and any other information necessary to submit a claim, or (ii) if the employer has health insurance available, the name of the health insurance carrier, the policy number, a copy of the policy and schedule of benefits, a health insurance membership card, claim forms, and any other information necessary to submit a claim. Note: This provision regarding when the Obligor may stop paying cash medical support is part of section 10C3. It does !191 apply to any other section. 10D. Expenses Not Covered by Insurance Obligor and Obligee are each ORDERED to pay 50 percent of all reasonable and necessary health-care expenses for the child/ren that are not covered by health insurance, unless: 10C(1) above is checked and Obligor is not providing health insurance as ordered, then Obligor is liable for 100 percent of all necessary medical expenses of the child/ren. 1OC(2) above is checked and Obligee is not providing health insurance as ordered, then Obligee is liable for 100 percent of all necessary medical expenses of the child/ren. If 10C(3) above is checked, Obligee is ORDERED to pay 50 percent of all reasonable and necessary health-care expenses for the child/ren that are not reimbursed by health insurance or covered by the cash medical support paid by Obligor and Obligor is ORDERED to pay 50 percent of the total unreimbursed health-care expenses that exceed the amount of cash medical support paid by Obligor. Obligor is liable for 100 percent of all necessary medical expenses incurred for the child/renin any month that Obligor neither pays cash medical support nor provides health insurance for the child/ren. Reasonable and necessary health care expenses that must be paid by the parents if not covered by insurance include: o copayments for office visits and prescription drugs, and o the yearly deductible, if any, and o medical, surgical, and prescription drug expenses, and o mental health-care services, and o dental and orthodontic expenses, and o eye care and ophthalmological expenses. These reasonable and necessary health-care expenses do not include expenses for travel to and from the health-care provider or for nonprescription medication. The parent who incurs a health-care expense on behalf of a child (called the "incurring parentj is ORDERED to give the other parent (called the "nonincurring parent') a copy of all forms, receipts, bills, © TexaslawHelp.org, Final Decree of Divorce with Children, June 2013 Page 15 of 23 17 DC BK14087 PG55 DC BK14008 PG1690 statements, and explanations of benefits that show the portion of the expense not covered by insurance within 30 days of receipt. The nonincurring parent is ORDERED to pay his or her percentage of any uninsured expense within 30 days of receiving documentation of the expense by: o paying the health-care provider directly, or o reimbursing the incurring parent, if the nonincurring parent's portion of the expense has already been paid. 10E. Claims Either parent may file claims and receive payments directly from the insurance carrier. Further, for the sole purpose of Texas Insurance Code Sections 1204.251 and 1204.252, the party who is not carrying the insurance policy is designated the managing conservator or possessory conservator of the children. Any reimbursement payments received from the health insurance carrier belongs to the parent who paid the expense. If the insurance carrier sends reimbursement to the parent who did not pay the expense, he or she is ORDERED to endorse the check and deliver it to the parent who paid the expense with 3 days. 10F. Health Insurance Policy Requirements Each parent is ORDERED to follow all requirements of any health insurance policy covering the child/ran to get maximum reimbursement and direct payment from the insurance company. This includes requirements for: o giving advance notice to the insurance company, and o getting second opinions, and o using "preferred providers." If a parent incurs health-care expenses for the child/ren using "out-of-network" health-care providers or services, or fails to follow the health insurance company procedures or requirements, that parent shall pay all such health-care expenses incurred unless: o the expenses are emergency health-care expenses, or o the parents have a written agreement regarding such health-care expenses, or o the Court makes a different order. Denial of a bill by an insurance carrier does not excuse the obligation of the parents to pay the expense. © TexaslawHelp.org, Final Decree of Divorce with Children, June 2013 Page 16 of 23 18 DC BK14087 PG56 DC BK14008 PG1691 . i • . ~ :I 11. Parent's Information ·= 11A. Disclosure of Mother's Information (Check one box.) lid"fhe Court ORDERS Mother to disclose the following information and changes in that information to Father, the Court and the State Case Registry as required by Texas Family Code 105.006 and ORDERED in section 12 of this Decree. (Fill in the following information for the Wife/Mother.) Name: Home Address: Mailing Address: Home phone# FULL Social Security #: Driver's License #: Issuing state: Employer: Work address: D The Court finds, pursuant to Texas Family Code 105.006(c) and 105.007(c), that disclosure of Mother's information to Father is likely to cause Mother or the children harassment, abuse, serious harm or injury. The Court ORDERS that Mother's address and other identifying information not be disclosed. The Court further ORDERS that Mother is not required to give her address or other identifying information to Father or notify Father or the Court of changes in that information. The Court ORDERS Mother to provide her mailing address and changes in her mailing address to the State Case Registry, Contract Services Section, MC046S, P.O. Box 12017, Austin, Texas 78711- 2017. 118. Disclosure of Father's Information (Check one box.) ~e Court ORDERS Father to disclose the following information and changes in that information to Mother, the Court and the State Case Registry as required by Texas Family Code 105.006 and ORDERED in section 12 of this Decree. (Fill in the following information for the Husband/Father.) Name: Home Address: Mailing Address: Home phone #: FULL Social Security Driver's License #: Employer: Work address: D The Court finds, pursuant to Texas Family Code Section 1 ) and 105.007(c), that disclosure of Father's information to Mother is likely to cause Father or the children harassment, abuse, serious harm or injury. The Court ORDERS that Father's address and other identifying information not be disclosed. The Court further ORDERS that Father is not required to give his address or other identifying information to Mother or notify Mother or the Court of changes in that information. The Court ORDERS Father to provide his mailing address and changes in his mailing address to the State Case Registry, Contract Services Section, MC046S, P.O. Box 12017, Austin, Texas 78711-2017. e TexasLawHelp.org, Final Decree of Divorce with Children, June 2013 Page 17 of 23 19 DC BK14087 PG57 DC BK14008 PG1692 .' 12. Required Notices This section is not applicable If and to the extent it conflicts with the Court's Order regarding disclosure of information in section 11 above. EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY EVERY OTHER PARTY, THE COURT, AND THE STATE CHILD SUPPORT 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 THE OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO GIVE NOTICE OF THE . CHANGE TO PROVIDE 60-DAYS NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE 5TH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE. THE DUTY TO FURNISH THIS INFORMATION TO EVERY 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 EVERY 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 PUNISHABLE 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 every other party by delivering a copy of the notice to each 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 the Court or by registered or certified mail addressed to the clerk. Notice shall be given to the State Case Registry by mailing a copy of the notice to the State Case Registry, Contract Services Section, MC046S, P.O. Box 12017, Austin, Texas 78711-2017. 13. 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 THIS ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHABLE 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. @ TexaslawHelp.org, Final Decree of Divorce with Children, June 2013 Page 18 of 23 20 DC BK14087 PG58 DC BK 14008 PG 1693 14. Property and Debt WARNING: Additional forms are needed to divide retirement benefits and to transfer title to real estate. , If you plan to divide retirement benefits or you jointly own a house or land with your spouse, do NOT use this l form without first talking to a lawyer. You can hire a lawyer to review and appropriately modify this decree and · write the additional documents you must have for a ffat fee. Call your local lawyer referral seNice or the State . Bar of Texas Lawyer Referral Information SeNice at 1(BOO) 252-9690 for help finding a lawyer. , About community property: Texas is a community property state. This means that any new property or debt · that either party obtains from the minute they are married until the minute the judge grants the divorce is . probably community property, even if the property or debt is only in one spouse's name. There are only a few · exceptions to the law of community property. The exceptions are gifts, inheritance or a recovery for personal . injuries that occurred during the marriage that was not for lost wages or medical expenses. All community property and debt should be included in the Final Decree of Divorce . . About separate property: If either party receives a gift, an inheritance, or a recovery for personal injuries that occurred during the marriage that was not for lost wages or medical expenses, it is separate property It is a good idea to list separate property obtained during the marriage as that individual's separate property in the Final Decree of Divorce. Ta_~~to a_lawyer ifyou have questions about property and debt. The Court makes the following orders regarding the parties' community and separate property: Husband's Separate Property (Fill in a · es. If there is no property to declare in any particular category, write "none".) The Court c rms that the Husband owns the following property as his separate property: 1. reet Address City State lip D Husband owned tli ouse before marriage. D Husband received this e as a gift or inheritance. 2. Land located at: --==----:-~-=---~~-----:=::----------;:::-.------:;;::--- street Address City State lip D Husband owned this land before marri 0 Husband received this land as a gift or inhe 3. Cars, trucks, motorcycles or other vehicles Husband owned these vehicles before marriage or received I"''W:'m as a gift or inheritance during the marriage: Year Make Model 4. Other Money or Pr Husband owned the fol ing money or personal property before the marriage: Husband inherited or received as a · the following money or personal property during the marriage: Husband received the following money recove or personal injuries that occurred during the marriage that was not for lost wages or medical ex © TexasLawHelp.org, Final Decree of Divorce with Children, June 2013 Page 19 of 23 21 DC BK14087 PG59 DC BK14008 PG1694 Husband's Community Property The Court ORDERS that the Husband is awarded (gets) the following property as his sole and separate property, and Wife conveys (gives) to Husband her interest in the property, and Wife is divested of (loses) all right, title, interest and claim in and to that property. Wife IS ORDERED to sign any deeds or documents needed to transfer any property listed below to the .... Husband. Husband is responsible for preparing the documents. 1. All property in Husband's care, custody or control, or in Husband's name, that this Final Decree of ., • Divorce does not give to the Wife. 2. House or land located at: -s~~~~::~------------co~-~~----~s~~~~~--~~~P--------- Legal Description: 3. Other real property located '\ Legal Descnptlon: Wo',JSJ1 i QOII~piQ~.,..o.LJ-...L.IIo~~DUoii......>J4....1Uilld-.L.!!!!!........t,,..W!\-"~........_,_--...-..ft\ tJa ·.~ ·l 4. All of Husband's employment benefits, including retirement, pension, 401(k), profit-sharing, and stock OJ]o&{l'ttt ··j option plans that are in his name alone, along with all of Husband's military retirement benefits and l ~1, t individual retirement accounts (IRAs) that are in his name alone. (Note: If you want to divide retirement or • f employment benefits do NOT use this form. Talk to an attorney.) 5. All cash and money in any bank or other financial institution listed in Husband's name alone. 6. Any insurance policy that covers Husband's life. 7. Husband's cars, trucks, motorcycles or other vehicles listed below: Year Make Model --~l__C1_._9...L..1.L..--- ----lNI-¥-+'1•..~~-~s-o.,L;n.,____ Se t1trct . ' 8. Husband will also keep the following pr·~~~------------------- Husband's Debts The Husband shall pay the debts listed below: 1. All taxes, bills, liens, and other charges, present and future, that are in Husband's name alone or that this Decree gives to the Husband alone, unless this Decree requires otherwise. 2. Any debt Husband incurred after separation. Date of separation: ...,..,.-.---,,-----,-,,--- Month Day Year 3. The balance due on any loan or mortgage for the real property that this Decree gives to Husband alone. 4. The balance due on any loan for any vehicles that this Decree gives to Husband alone. 5. All other debts listed below, which are not in Husband's name alone: (such as credit cards, student loans, medical bills, income taxes) © TexasLawHelp.org. Final Decree of Divorce with Children. June 2013 Page 20 of23 22 DC BK14087 PG60 DC BK14008 PG1695 .. Wife's Separate Property · all lines. If there is no property to declare in any particular category, write "none".) The Co nfirms that Wife owns the following property as her separate property: 1. at: --::::---:-:-77"----------::-::---------=:--:-------=:-:--- Street Address City State Zip D Wife owned this e before marriage. D Wife received this hou a gift or inheritance. 2. Land located at: --=:----,-..,....,..,,----~o::::-----=:----------=::------~-- street Address City State Zip D Wife owned this land before marriage. D Wife received this land as a gift or inheritance. 3. Cars, trucks, motorcycles or other vehicles Wife owned these vehicles before the marriage or received them as a gift or inheritance during the marriage: Year Make Model Vehicle Identification No. [VIN] il~9~9~~,~~~fi~ TexaslawHelp.org, Final Decree of Divorce with Children, June 2013 Page 22 of23 25 DC BK14087 PG63 17. Court Costs The costs of court shall be paid by the party who incurred them to the extent the party is required to pay such costs. A party who filed an Affidavit of lndigency is not required to pay costs, unless a contest to the Affidavit of lndigency was sustained by the Court in a separate written order. 18. Other Orders The court has the right to make other orders, if needed, to clarify or enforce the orders above. 19. Final Orders Any orders requested that do not appear above are denied. This Decree is a final judgment that disposes of all claims and all parties and is appealable. U 'D '- fl\ ~ ...{;~ c::\ ~-.co{'(c.. ('(__ncJ.._~J j ~ tz-'1-ZOl~~ ,3-~-20lf= Date of Judgment ~ By signing below, the Petitioner agrees to the By signing below, the Respondent agrees to form and substance of this Decree. the form and substance of this Decree. ( ) ( ) Petitioner's Name (print) Phone number Respondent's Name (print) Phone number Petitioner's Signature Date Respondent's Signature Date Mailing Mailing Address: Address Email: Email: Fax#: Fax#: (if available) (if available) © TexaslawHelp.org, Final Decree of Divorce with Children, Feb. 2014 Page 23 of 23 26 DC BK14087 PG64 DC BK14008 PG1699 Exhibit A: Standard Possession and Access (Visitation) Order The Court ORDERS that each conservator shall comply with all terms and conditions of this standard possession and access order. The Court ORDERS that this standard possession (visitation) order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs the order to which this exhibit is attached. Designation of Conservators The Court ORDERS that the conservators are designated in this exh~bit as Home P.~arent and Co-parent. The conse~ator known as the 'Home Pa~nt' is :'Q.b~k! ~~_A.Q ~/(An (name) The conservator known as the 'Co-Parent IS: (name) ___.ID~.&.~~o~ ...hr.,_,L~. . ~.:t~--Jj--t_.Jt"_.._".-6.t).,.__~--· .. . k__~-tl.... ..,.. __ Mutual Agreement The Court ORDERS that Home Parent and Co-Parent shall have possession of the child/ren at any and all times mutually agreed to in advance by Home Parent and Co-Parent. In the absence of mutual agreement, the Court ORDERS that Home Parent and Co-Parent shall have possession of the child/ren as ordered below. Undesignated Times The Home Parent shall have the right to possession of the child/ren at all times not specifically ordered for Co-Parent. Definitions "School" means the primary or secondary school where a child is enrolled, or if the child is not enrolled in a primary or secondary school, the public school district where the child primarily resides. "Child" includes each child, whether one or more, who is part of this case while that child is under the age of eighteen years and not otherwise emancipated. A "weekend" begins on the 15 t, 3rd, and 5th Friday of each month at 6pm, and ends on the following Sunday at 6 pm, except when: • The box "After school** is checked, then during the regular school year, the weekend begins at the time the child/ren's school is dismissed before the 15', 3rd, or 5th weekend of each month. • The box "Next school day*** is checked, then during the regular school year, the weekend ends at 5 the time the child/ren's school starts on the next school day after the 1 t, 3'd, or 5th weekend of each month (if Co-Parent cannot return the children to school on time, s/he must notify the school and the other parent). • The 1st. 3rd, or 5th weekend coincides with a student holiday or teacher's in-service day or federal, state or local holiday that falls on a Monday, then the weekend begins on Friday, and ends on Monday; if the holiday falls on a Friday, then the weekend begins on Thursday, and ends on Sunday. • If a weekend or midweek visit conflicts with the holiday or summer schedule, you must follow the holiday or summer schedule. © TexaslawHelp.org, Exhibit Standard Possession and Access Order- June 2013 Page 1 of 5 Texas Family Code Chapter 153, Subchapter F 27 DC BK14087 PG65 DC BK14008 PG1700 Schedules • 1A. Co-Parent's Local Schedule Co-parent's Co-parent's . When the Co-Parent lives within 100 miles of the primary residence of the child/ren, the right to right to Co-Parent shall have the right to possession of the child/ren as follows: Weekends* On the 1 51 , 3'", and 5m weekend of each month. See definition above .z: :=~~~:t=, ::::t: possession , possession 6 pm ·:e::i day• .. ~ Mld·Week Visit On Thursday of each school week ·fner school** School starts 6pm ~~ Thanksgiving Starts last day of school before Thanksgiving and ends on Sunday. • f.n.er school** : 6 pm Odd-Numbered Years Christmas Break Even-Numbered Years Starts the last day of school before Christmas Break and ends December 28m. Z.: 6pm school.. . noon Christmas Break Starts on December 28'h and ends the day before school starts after , noon 6pm Odd-Numbered Years Christmas Break. Spring Break Starts the last day of school before Spring Break and ends the day before 'Lschool*; 6pm Even-Numbered Years school starts after Spring Break. 6pm 81 51 Standard Summer Starts on July 1 and ends on July 31 • 6pm ·6pm Different Summer If Co-Parent gives Home Parent written notice by April 1 of each year, Co- 6pm '6pm Co-Parent must notify Parent may choose a different 30-day summer schedule. The schedule Home Parent of the . must be: after school is dismissed for summer break, only 1 or 2 blocks of dates, in writing, by time, each at least 1 week long, and not during the last week of the April f. summer break 18. Home Parent's Local Schedule . Home· Home· Notwithstanding the weekend and midweek periods of possession ordered for Co-Parent ' parent's right i parent's right · above, it is expressly ORDERED that Home parent shall have a superior right to . to possession · to possession · possession of the children as follows: shall begin at: , shall end at: · Thanksgiving Starts the last day of school before Thanksgiving and ends Sunday. 6 pm 6pm Even-Numbered Years Christmas Break Starts the last day of school before Christmas Break and ends December 6 pm noon Odd-Numbered Years 28m. Christmas Break Starts on December 28m and ends the day before school starts after noon 6pm Even-Numbered Years Christmas Break. · Spring Break Starts the last day of school before Spring Break and ends the day before 6 pm 6pm Odd-Numbered Years school starts after Spring Break. Extended Summer If the Home Parent gives the Co-parent written notice by April 15 of each : 6 pm 6pm Home Parent must notify year, the Home-parent may designate 21 days beginning not earlier than the . Co-Parent of the dates, in · day after the child's school is dismissed for the summer. The dates must be writing, by April tfl' exercised in not more than 2 separate periods of at least 7 consecutive days each. · The dates must not be: • during the last week of the summer break • during days when the Co-Parent has a scheduled summer, or Father's/Mother's Day visitation Summer Weekend If the Home Parent gives the Co-parent written notice by April15 of each . 6 pm 6pm During Co-Parent's year, the Home-parent shall have possession of the child/ren on 1 Summer VIsitation weekend during the child/ren's summer break, when the Co-Parent Home Parent must . would otherwise be entitled to weekend possession of the child/ren. notify Co-Parent of the The weekend: dates, in writing, by April • Cannot interfere with the Co-Parent's Father's or Mother's Day weekend 15" • Cannot be the last weekend of summer © TexasLawHelp.org, Exhibit Standard Possession and Access Order- June 2013 Page 2 of 5 Texas Family Code Chapter 153, Subchapter F 28 DC BK14087 PG66 DC BK14008 PG1701 2A. Co-Parent's Long Distance Schedule Co-parent's Co-parent's right to right to When Co-Parent lives more than 100 miles from the primary residence of the child/ren, the possession possession Co-Parent shall have the right to possession of the child/ren as follows: shall begin at:, shall end at: Weekends• On the 1", 3