Tracie Marie Scheffler F/K/A Tracie Marie Parson v. Paul Michael Parson

ACCEPTED
13-15-00150-CV
THIRTEENTH COURT OF APPEALS
CORPUS CHRISTI, TEXAS
8/4/2015 5:45:39 PM
CECILE FOY GSANGER
CLERK

No. 13-15-00150-CV

FILED IN
13th COURT OF APPEALS
IN THE COURT OF APPEALS
CORPUS CHRISTI/EDINBURG, TEXAS
THIRTEENTH DISTRICT OF TEXAS
8/4/2015 5:45:39 PM
CORPUS CHRISTI- EDINBERG CECILE FOY GSANGER
Clerk

TRACIE MARIE SCHEFLLER F/KJA
TRACIE MARIE PARSON, APPELLANT,

v
PAUL MICHAEL PARSON, APPELEE.

On Appeal from the
8
81 T Judicial District Court of Wilson County, Texas
Trial Court. Cause No. 10-10-0579-CVW

APPELLEE'S REPLY BRIEF

Respectfully Submitted,

'/11-
ason J. ak
Stat ar o. 24042933
. z J ob, LLC
15 . Travis, Suite 333
San Antonio, Texas 78205
Telephone: 210-226-4500
Telecopier: 210-226-4502
Email: jjakob@diazjakob.com
Attorneys for Paul Michael Parson, Appellee

ORAL ARGUMENTS REQUESTED
 IDENTITY OF PARTIES AND COUNSEL

Appelee's Counsel APPELEE

Jason J. Jakob Paul Michael Parson
DIAZ JAKOB, LLC
115 East Travis Street, Suite 333
San Antonio, Texas 78205
(210) 226-4500
(21 0) 226-4502 (fax)
jjakob@diazjakob.com

Appelant's Counsel APPELLANT

Kirk Dockery Tracie Marie Sheffler
Donaho & Dockey, P .C. f/k/a Tracie Marie Parson
P.O. Box 459
Floresville, Texas 78114
(830) 393-2700
(830) 393-3029 (fax)

-i-
 TABLE OF CONTENTS

PAGE
IDENTITY OF PARTIES AND COUNSEL ..................................................................... -i-

TABLE OF CONTENTS .................................................................................................. -ii-

INDEX OF AUTI-IORITIES ............................................................................................ -iv-

STATEMENT OF JURISDICTION ................................................................................ -vi-

ISSUES PRESENTED .................................................................................................... -vii-

ABBREVATIONS & RECORD REFERENCES ......................................................... -viii-

STATEMENT OF THE CASE ......................................................................................... -1-

ARGUMENT AND AUTHORITIES ......................................................................... -3-
A. Trial court did not Error in granting Appellee's Motion to Dismiss for Lack
of Judgment ......................................................................................... -3-
B. The Corrected Divorce Decree With DRO Was Entered Into By
Agreement and lacks ambiguity ............................................................................. -8-
C. The Trial Court Did Not Abuse its Discretion in Failing to Grant the Relief
Requested By Appellant to Clarify the Valuation of Military Retirement in the
Decree of Divorce ........................................................................... -1 0-
D. STANDARD OF REVIEW ...................................................................... -12-

CONCLUSION ........................................................................................................ -13-

PRAYER ................................................................................................................ -13-

CERTIFICATE OF SERVICE ....................................................................................... -14-

CERTIFICATE OF COMPLIANCE .............................................................................. -14-

APPENDIX ............................................................................................................. -16-

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 INDEX OF AUTHORITIES

CASES PAGE

Edascio, L.L.C. v. NextiraOne L.L.C., 264 S.W.3d 786, 796 (Tex.App.--Houston [1st
Dist.] 2008, pet. filed) ........................................................................ -9-, -9-

EXXCONMOBIL Corp. v. Valence Operating Co., 174 S.W.3d 303, 309 (Tex.App.--
Houston [1st Dist.] 2005, pet denied.
filed) ........................................................................................... -2-, -4-

Garcia v. Alvarez, 367 S.W.3d 784-88 (Tex. App-Houston [14th Dist.],
no pet.).) .......................................................................................... -8- 9-

Garner v. Fidelity Bank, N.A., 244 S.W.3d 855, 859 (Tex.App.--Dallas 2008, no pet.). -10-

Gary E. Patterson & Associates, P.C. v. Holub, 264 S.W.3d 180, 197 (Tex.App.--
Houston [1st Dist.] 2008, pet. denied) ........................................................ -10-

Hagen v. Hagen, 282 S.W.3d 899,907 (Tex. 2009).) ..................................... ,-7-,-8-

ISG State Operations, Inc. v. National Heritage Insurance Company, 234 S.W.3d 711,
719 (Tex.App.--Eastland 2007, pet. denied) ................................................. -9-

lAC, LTD. v. Bel Helicopter Textron Corp., 160 S.W.3d 191, 203 (Tex. App. -Fort
Worth 2005, no pet.)........................................................................ -7-

Microsoft C01p. v. Manning, 914 S.W.2d 602, 607 (Tex. App.- Texarkana 1995, writ
dism'd)... ... ... ... ... ... . .. . .. . . . ... ... ... ... ... ... .. . .. . ... . .. ... ... ... ... .. . ... ... ... .. . ... -12-

National Family Care Life Ins. Co. v Fletcher, 57 S.W.3d 662, 667-668 (Tex. App.-
Beaumont 2001) (Distinguished on other grounds) ......................................... -6-,-8-

Padilla. v. La France, 907 S.W.2d 454, 461 (Tex. 1995) .................................. -4-

Pearson v. Fillingim, 322 S.W.3d 361,363 (Tex. 2011) ........................ ,-7-, -9-,

Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding)......... -6-,-11-

STATUTES & RULES

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TEX. R. CIV. P. 11 .................................................................................................. -2-,-4-

TEX. FAM. CODE. §9.007 ................................................... -5-,-7-,-8-,-9-,-10-,-11-,-13-

TEX. FAM. CODE. §9.103 ............................................................................................. -11-

TEX. FAM. CODE. §9.104 ..................................................................................... -5-,-11--

10 U.S.C. 1408 ........................................................................... -11-,-12-

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 ISSUES PRESENTED

1). The trial court did not error in granting Appellee's Motion to Dismiss for Lack of
Jurisdiction.

2.) The trial court did not abuse its discretion in granting Appellee's Motion to Dismiss
for Lack of Jurisdiction.

3.) The trial court ruled properly and within its discretion in dismissing the relief
requested by Appellant to clarify the valuation of the military retirement in the decree of
divorce and domestic relations order

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ABBREVIATIONS & RECORD REFERENCES

Abbreviations:

Paul Michael Parson. (Appellee) .......................................................Mr. Parson

Tracie Marie Sheffler (Appellant) .................................................. Mrs. Sheffler

Han. Russell Wilson ............................................. Judge Wilson or the Trial Com1

Record References:

Cites to the Court's Record are in the form of (CR [page#]).
Cites to any document included in the Appendix attached hereto are in the form of (App.
[appendix tab no.]).

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 No. 13-15-00150-CV

IN THE COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBERG

TRACIE MARIE SCHEFLLER F/K/A
TRACIE MARIE PARSON, APPELLANT,

v
PAUL MICHAEL PARSON, APPELEE.

On Appeal from the
81 ST Judicial District Court of Wilson County, Texas
Trial Court. Cause No. 10-10-0579-CVW

TO THE HONORABLE THE THRITEENTH COURT OF APPEALS:
Appellee, herein Paul Michael Parson, submits this his Reply Brief in opposition

of Appellee's Brief and in support of the Trial Court's order dismissing the Appellee's

Petition to Clarify the Division of Military Retirement and in support of affirming the

Trial Courts dismissal for lack ofjurisdiction.

STATEMENT OF THE CASE
A. History

On or about January 6, 2015 Appelant, TRACIE MARIE (PARSON) SHEFFLER

filed an Petition to CoiTect or Amend Domestic Relations Order for Military Retirement

in district court claiming the following:

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 1) Parties entered into an infmmal discussions, not Alternative Dispute

Resolution, and Appellant purports that such Rule 11 Agreement was filed with the court
(CR 92-94) (APP 1). 1 The Corrected Decree of Divorce nor the Domestic Relations

Order in no manner incorporate the Rule 11 Agreement.

2) Approximately three months later, on or about May 24, 2011, an amended

Final Decree and Divorce was submitted and entered before the trial court along with a

Domestic Relations Order signed by the parties and the attorneys and by the court but

made retroactively effective as March 1, 2011 but signed by the court on May 24, 2011.

3) A Motion to Modify Parent-Child Relationship was filed by Appellee on
October 31, 2013 and Temporary Orders were entered on February 1, 2014. A Motion

and Order granting mediation was November 18, 2014 by the trial court.

4) After an unsuccessful mediation Appellant filed a Petition to Correct or

Amend Domestic Relations Order For Military Retirement.

5) After Respondent's January 6, 2015, pleading was filed, Petitioner filed a

Petitioner's Plea to the Jurisdiction, Motion to Dismiss and Special Exceptions.

6) On January 14, 2015 the Honorable Judge Russell Wilson granted a order

re-setting the matter for arguments on Appellant (Respondent) and Appellee (Petitioner)

competing motions and final trial with agreement of counsel due to a death in Appellant
counsel's family to February 9, 2015.

1
Note that the Rule 11 Agreement which has been produced to Appellant's Brief"It is
not sufficient that a party's consent to a Rule 11 agreement may have been given at one
time; consent must exist at the time that judgment is rendered. See, Exxon Corp. v.
Valence Oper. Co., 174 S.W.3d 303, 309 (Tex.-App.-Houston [1st. Dist.] 2005, pet.
denied).
-2-
 7) On February 9, 2015 the Honorable Judge Russell Wilson, Presiding Judge
of the 218 Judicial District Court Wilson County, Texas, heard final trial on the Motion
to Modify Parent-Child Relationship and partially heard arguments on the competing
motions on whether the DRO should be corrected or dismissed for lack of jurisdiction,

etc.
8) After the court heard brief argument from Appellant and Appellee the
court to a position that Appellant had brought no supporting documentation or case-law
in support to substantiate appellant's position the court ordered that both parties legal
counsel should submit a brief in support of their arguments for review.

The court sustained the motion to dismiss m favor of Appellee and against
Appellee.

ARGUMENT AND AUTHORITIES

A. The Trial court did not Error in granting Appellee's Motion to Dismiss for

Lack of Judgment.

The trial court properly granted its dismissal of Appellant' "Respondent's Petition

to Correct or Amend Domestic Relations Order". The DRO was entered into by the

parties and the attorneys. Respondent counsel drafted the DRO as well as the Con·ected

Final Decree of Divorce and had opportunity to review and perform said calculation.

Appellee's counsel points out to the court that many hand written changes were made

on behalf of the parties on the Con·ected Divorce Decree and that the Parties Approved

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and Consented to The CoiTected Decree of Divorce as to both Form and Substance. The

parties entered into the agreement as noted by their signatures, both attorneys'

signature and that of the court which supersedes any prior Rule 11 Agreement and is in

of itself enforceable by contract made by and through the parties as not only a

enforceable judgment but that of a contract of the pa11ies. It is not sufficient that a pm1y's

consent to a Rule 11 agreement may have been given at one time; consent must exist at

the time that judgment is rendered. See, Exxon Cmp. v. Valence Oper. Co., 174 S.W.3d

303, 309 (Tex.-App.-Houston [1st. Dist.] 2005, pet. denied).

Furthermore the Corrected Final Decree of Divorce incorporates language

that dispels of an ambiguity to the meaning of the document Respondent is attempting

to incorporate (a previous Rule 11 Agreement) filed prior to the First Final Decree of

Divorce or that of the Conected Final Decree of Divorce. The CoiTected Final Decree of

Divorce does not have merger language, does not reference or incorporate the previous

Rule 11 Agreement in any manner. A Rule 11 Agreement is no longer binding and need

not be reflected in the judgment if the Rule 11 Agreement has been rescinded or

superseded at the time the judgment is signed. See Padilla v. La France, 907 S.W. 2d 454

(Tex. 1995). To interpret the CoiTected Final Decree of Divorce based on incorporation

by the Rule 11 Agreement would violate parole evidence rule, would not take into

account the plain and unambigious language of the CoiTected Final Decree of Divorce or

that of the parties right of contract. Appellant relies on a defect being noticed and rejected

by the DFAS when this order has not been sent to a plan administrator as is required.

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Because this DRO cannot be paid directly by DFAS to the servicemember's ex-spouse

who is married for less than ten (10) years. See TEX. FAM. CODE. §9.104.

Furthermore, in accordance with Tex. Fam. Code Chapter 9, titled, Limitation on

Power of the Com1 to Enforce, section 007. A court may not amend or modify, amend or

modify, alter, or change the division of property made or approved in the decree of

divorce or annulment. To do so would alter or change the substantive division of

property.

1. Texas Family Code § 9.007 Limitations on Power of Court to Enforce.

Furthermore, in accordance with Tex. Fam. Code Chapter 9, titled, Limitation on

Power of the Court to Enforce, section 007. "A court may not amend or modify, amend

or modify, alter, or change the division of property made or approved in the decree of

divorce or annulment". To do so would alter or change the substantive division of

property. [Appendix No.1].

According to the Corrected Final Decree of Divorce, the subject of this suit, set

forth:

Decree of Divorce husband is awarded:

All sums, whether mature or unmatured, accrued or unaccrued, vested or
otherwise, together with all increases thereof proceeds therefrom, and
any and any other rights related to or as a result of PAUL MICHEAL
PARON's service in the United States Navy, including any accrued unpaid
bonuses, disability plan or benefits, Thrift Savings Plan, or other benefits
-5-
 existing by reason of or as result of PAUL MICHAEL PARSON'S past,
present, or fitture employment, except that portion of PAUL MICHAEL
PARSON's U.S. military retirement that has been awarded in this decree to
Tracie MARIE PARSON as more particularly specified in the domestic
relations order signed in conjunction with this decree and
incorporated verbatim in it by reference. Corrected Final Decree of
Divorce, H-4, Page 23.

In the same COlTected Final Decree of Divorce wife is awarded as follows:

The swns, whether matured or umnatured, accrued or unaccrued, vested or
otherwise, together with all increases thereof, the proceeds therefrom, any
other rights related to or as a result of PAUL MICHAELS PARSON's
service in the United States Navy, including any accrued unpaid
bonuses, disability plan or benefits, Thrift Savings Plan, or other benefits
existing by reason of or as a result of PAUL MICHAEL PARSON's past,
present, or fiiture employment, except that portion of PAUL MICHAEL
PARSON's U.S. military retirement that has been awarded in this decree to
PAUL MICHAEL PARSON as more particularly specified in the domestic
relations order signed in conjunction with this decree and incorporated
herein by reference. Corrected Final Decree ofDivorce, W-6, Page 24.

The DRO was entered into by the pmiies and the attomeys. It is important to point
out that Appellant's very legal counsel drafted the DRO as well as the Final Decree of

Divorce and Corrected Final Decree of divorce and had opportunity to review and
perfom1 said calculation. Appellee's counsel points out to the court order had many hand

written changes were made on behalf of the parties, superseding any Rule 11, Agreement,
the parties entered into the agreement in the DRO and Corrected Decree of Divorce as

noted by their signatures, both attomey's signature and that of the court. The Final Decree
of Divorce incorporates language which dispels of any ambiguity to the meaning of the
document Appellant is attempting to incorporate a previous to the Final Decree of
Divorce Rule 11Agreement to interpret the meaning of the Rule II Agreement which is

-6-
barred by the parole evidence rule. Fmihermore, in accordance with Texas Family Code,
chapter 9, titled, Limitation on Power of the Comi to Enforce, section 007 states as
follows:

(a) A court may not amend, modifY, alter, or change the division of
property made or approved in the decree of divorce or annulment.
An order to enforce the division is limited to an order to assist in the
implementation of or to clarifY the prior order and may not alter or
change the substantive division ofproperty.
(b) An order under this section that ani ends, modifies, alters or changes
the actual, substantive division of property made or approved in a
final decree of divorce or annulment is beyond the power of the
divorce court and is unenforceable.
(c) The power of the court to render further orders to assist m the
implementation of or to clarifY the property division is abated while
an appellate proceeding is pending.

In Pearson v. Fillingim, The Texas Supreme Court held " [T]he comi that renders a
divorce decree retains jurisdiction to clarify and enforce the property division within that
decree. If a decree is ambiguous, that court can enter a clarification order. [But an
unambiguous judgment finalizing a divorce and dividing marital property barre-litigation
of the property division, even if the decree incorrectly characterizes or divides the

property." See, Pearson v. Fillingim, 322 S.W.3d 361, 363 (Tex. 2011). Moreover, in a
Hagen v. Hagen. the Texas Supreme Court holds:

"In the case before us, the [couple's] original divorce decree did not
award [W] amounts 'calculated on' [H's] gross or even total
retirement pay before deductions ... The [couples] decree plainly
entitled [WJ only to part of the Army or military retirement pay [H]
received, if as, and when he received it. [S]uch military retirement
pay did not include VA disability benefits [that H elected to receive
post-divorce in lieu of retirement pay. The trail court did not modify

-7-
 the [couples] decree; it only clarified the decree did not divide VA
disability pay that was or might not become payable to [H] On the
surface, it appears that [H's] post-divorce election to receive VA ben
fits has worked an inequity on [W]. But the language used in divorce
decrees is important, and we must presume the divorce court chose it
carefully. See, Hagen v. Hagen, 282 S.W.3d 899,907 (Tex. 2009).

B. The Corrected Divorce Decree with DRO was entered into by agreement of
the parties and lacks ambiguity.

When a divorce decree is a consent decree or agreed judgment and the court may

not amend modify, alter or change the decree of divorce. See TEX. FAM. CODE §9.007(a).

In Garcia v. Alvarez, 367 S.W.3d 784-88 (Tex. App-Houston [14th Dist.], no pet.).

"Agree divisions of marital property contained or incorporated into final divorce decrees

are treated as contracts and their legal force and meaning are governed by the law of

contracts". Here the parties have entered into an agreement as is evidenced by their

individual signatures. The divorce further has language that subjects the property award

verbatim by that of Domestic Relations Order which specifically enumerates the

percentage to be utilized. (CR 79-84) (Appendix No. 1).

The language specifically states:

According to the documents, the subject of this suit, set forth in the CotTected
Final Decree of Divorce husband is awarded:

All sums, whether mature or unmatured, accrued or unaccrued, vested or
otherwise, together with all increases thereof, proceeds therefi-om, and
any and any other rights related to or as a result of PAUL MICHEAL
PARON's service in the United States Navy, including any accrued unpaid
bonuses, disability plan or benefits, Thrift Savings Plan, or other benefits
existing by reason of or as result of PAUL MICHAEL PARSON'S past,
-8-
 present, or future employnzent, except that portion of PAUL MICHAEL
PARSON's US. military retirement that has been awarded in this decree to
Tracie MARIE PARSON as more particularly specified in the domestic
relations order signed in conjunction with this decree and incorporated
verbatim in it by reference. Corrected Final Decree of Divorce, H-4,
Page 23.

In the same Corrected Final Decree of Divorce wife is awarded as follows:

The sums, whether matured or umnatured, accrued or unaccrued, vested or
otherwise, together with all increases thereof, the proceeds therefrom, any
other rights related to or as a result of PAUL MICHAELS PARSON's
service in the United States Navy, including any accrued unpaid
bonuses, disability plan or benefits, Thrift Savings Plan, or other benefits
existing by reason of or as a result of PAUL MICHAEL PARSON's past,
present, or future employment, except that portion of PAUL MICHAEL
PARSON's US. military retirement that has been awarded in this decree to
PAUL MICHAEL PARSON as more particularly specified in the domestic
relations order signed in conjunction with this decree and incorporated
herein by reference. Corrected Final Decree ofDivorce, W-6, Page 24.

When the parties have concluded a valid, integrated agreement, the parol evidence rule

precludes enforcement of a prior or contemporaneous inconsistent agreement. Edascio,

L.L.C. v. NextiraOne L.L.C., 264 S.W.3d 786, 796 (Tex.App.--Houston [1st Dist.] 2008,

pet. filed); ISG State Operations, Inc. v. National Heritage Insurance Company, 234

S.W.3d 711, 719 (Tex.App.--Eastland 2007, pet. denied). The execution of a written

contract presumes that all prior negotiations and agreements relating to the transaction

have been merged into the written contract. Edascio, 264 S.W.3d at 796; ISG State

Operations, 234 S.W.3d at 719. Consequently, the agreement will be enforced as written

and cannot be added to, varied, or contradicted by parol evidence. Edascio, 264 S.W.3d

at 796; ISG State Operations, 234 S.W.3d at 719. The parol evidence rule is particularly

applicable when the written contract contains a recital that it contains the entire
-9-
agreement between the parties or a similarly-worded merger provision. Edascio, 264

S.W.3d at 796. Evidence that violates the rule is incompetent and without probative

force, and cannot properly be given legal effect. Garner v. Fidelity Bank, N.A., 244

S.W.3d 855, 859 (Tex.App.--Dallas 2008, no pet.). Parol evidence may be admissible to

show collateral, contemporaneous agreements that are consistent with the underlying

agreement. Gmy E. Patterson & Associates, P.C. v. Holub, 264 S.W.3d 180, 197

(Tex.App.--Houston [1st Dist.] 2008, pet. denied); DeClab·e, 260 S.W.3d at 45. But this

exception does not permit parol evidence that varies or contradicts either the express

terms or the implied terms of the written agreement. Gary E. Patterson, 264 S.W.3d at

197; DeClaire, 260 S.W.3d at 45. These terms are expressed in the Conected Divorce

Decree. What Respondent is attempting to assert is the court violate the parol evidence

rule and incorporate a prior and inconsistent Rule 11 Agreement to interpret the express

language not to clarify but alter the division of property in and of itself.

If Appellant was allowed to recreate a DRO and Decree it would not only deprive

Appellee's of the right of contract but also violate the parol evidence rule and offend

elements and consistency in the rule of contract laws, and the Texas Family Code.

C. The Trial Court Did Not Abuse Its Discretion In Failing To Grant The Relief
Requested By Appellant To Clarify The Valuation Of Military Retirement In The
Decree Of Divorce And The Domestic Relations Order

Because there previously has been a DRO entered in this case the Texas Family

Code restricts when a DRO may be clarified and challenged to either conect the order or
-10-
clarify the order. See, TEX. FAM. CODE §9.103-104. Thereby, the DRO is this matter set

forth has not been found defective in acceptance from a plan administrator. The law as

cited states:

If a plan administrator or other person acting in an equivalent capacity
determines that a domestic relations order does not satisfY the requirements
of a qualified domestic relations order od similar order, the court retains
jurisdiction over the parties and their property to the extent necessmy to
render a qualified domestic relations order See, TEX. FAM. CODE 104.

This DRO has never been found defective by a plan administrator therefore how can it be

found defective. The Depmiment of Finance has given clear guidance on Acceptable

DROs in GUIDANCE ON DIVIDING MILITARY RETIRED PAY GARNISHMENT

OPERATIONS DEFENSE FINANCE AND ACCOUNTING SERVICE (DFAS)

Attached and incorporated herein as "CR 79 -[Appendix No.3]".

As is stated "The amount of a former spouse's award is entirely a matter of state law.

However, in order for the award to be enforceable under the USFSP A, it must be

expressed in a manner consistent with the USFSP A, and we must be able to determine the

amount of the award. The USFSP A states that for a retired pay as property award to be

enforceable, it must be expressed either as a fixed dollar amount or as a percentage of

disposable retired pay". Citing 10 U.S.C. §1408(a)(2)(C). at page 8. Further the manual

states "There is no magic language required to express a percentage or fixed dollar

award" pg. 9. The guidance further goes on to demonstrate a myriad of ways to divide

retirement pay unlike what is asserted in Respondent's Petition to Correct or Amend

Domestic Relations Order for Military Retirement.

-11-
 The Texas Family Practices Manual Form 25-31, attached and incorporated herein

by reference [Appendix No. 3] provides several manners in which to divide military

retirement. Respondent's assertion that there is only one manner is erroneous.

Furthermore, the Appellant does not qualify for direct payments and the QDRO

cannot be tendered to DFAS for direct payment. For a division of retired pay as property

award to be enforceable by direct payments under the USFSP A, the former spouse must

have been married to the member for a period of 10 years or more during which the

member performed at least 10 years of service creditable towards retirement eligibility .14

This requirement does not apply to the Court's authority to divide military retired pay,

but only to the ability of the former spouse to enforce the award by direct payments from

DF AS. This is a statutory requirement for direct payments, and not a personal right of the

member that can be waived. See citation provided in military guidance at pg. 5, citing 10

U.S.C. § 1408(d)(2).The QDRO therefore is not defective and to change it for a

percentage purpose would constitute are-division of already divided property.

D. Standard of Review

A trial court abuses its discretion if it fails to properly apply the law to the

undisputed facts, acts arbitrarily or unreasonably, or when its ruling is based on factual
assertions unsupported by the record. Microsoft Corp v. Manning, 914 S.W.2d 602, 607
(Tex. App.-Texarkana 1995, writ dism'd). A trial court's application oflegal principles is
reviewed for an abuse of discretion separately from its resolution of factual disputes.

Walker v. Packer, 827 S.W.2d 833, 839-840 (Tex.l992). The Trial Court has no
-12-
discretion to misinterpret or misapply the law. Walker, 827 S.W.2d at 840. Here the court
gave Appellant every attempt to come to court and present its evidence and arguments the
court based off that evidence given at time of argument and brief.

CONCLUSION
To cause a change in an Agreed Corrected Decree of Divorce which language in

unambiguous and specific language is utilized to incorporate the DRO "verbatim" into

the decree would be a re-division of community property which is not permissible under

the law. If the Appellate Com1 ruling rules in favor of Appellant's asse11ions that a new

DRO the Petitioner would not only be deprived of the right of contract but also violate

the parol evidence rule and offend elements and consistency in the rule of contract laws,

and the Texas Family Code.

PRAYER
Appellee, Paul Michael Parson prays that this affinn the ruling of the trail court;
and for other and fmiher relief as this Honorable Court deems fit and good.

Respectfully submitted,

Diaz* Jakob, LLC
The Historic Milam Building
115 E. Travis Street, Suite 333
San Antonio, Texas 78205
(21 0) 226-4500
(210) 226-4502 facsimile
Attorney for Petitioner Paul Michael
Parson
-13-
 Email: jjakob@diazjakob.com

CERTIFICATE OF SERVICE

I do hereby certify that the foregoing document has been forwarded in accordance with
the Texas Rules of Civil Procedure to all counsel ofrecord as set out below, on this the 41h day of
August, 2015 to:
The Law Offices of VIA Email: kirkdockery@gmail.com
DONAHO & DOCKERY P.C.
Kirk Dockery, Esq.
P.O. Box 459
Floresville, Texas 78114
Telephone: (830) 393-2700
Telecopier: (830) 393-3029

CERTIFICATE

I do hereby certify that the foregoing reply brief complies with the length limitations of
TEX. R. App. P 9.4(i)(2)(B) as this brief consists of 3,677 words excluding the parts of the brief
exempted by Tex. R. App. P. 9.4.i(1).

-14-
 APPENDIX TO BRIEF

This Appendix contains the following:
1. Copy of Corrected Final Decree with DRO (Appendix No.1)
2. Copy of Texas Practices Manual Form 25-31(Appendix No.2)
3. Copy of Guidance On Dividing Military Retired Pay (Appendix No.3)
4. A copy ofTexas Rule ofCiv. Procedure 11;
5. A copy of Texas Family Code§ 9.007;
6. A copy ofTexas Family Code§ 9.103;
7. A copy of Texas Family Code§ 9.104;
8. A copy of 10 USC §1408

In addition, Petitioner relies on the reporter's record taken in this matter.

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PPE D 0. 1

b
THE HISTORIC MILAM BUILDING
115 East Travis Street, Suite 333
San Antonio, Texas 78205
PHONE: 210-226-4500
FAX: 210-226-4502
....

NO.l0-10-0579-CVW

IN THE MATTER OF § IN THE DISTRicT COURT
THE MARRIAGE OF §
§
TRACIE MARIE PARSON §
AND § 81ST JUDICIAL DISTRICT
PAUL MICHAEL PARSON §
§
AND IN THE INTEREST OF §
FALIN GALE PARSON AND ROGAN § Wll..SON COUNTY, TEXAS
DOVVPARE~N,CHILDREN §

CORRECTED FINAL DECREE OF DIVORCE

On February 3, 2011 the Court heard this case.
Appearances
Petitioner, TRACIE MARIE PARSON, appeared in person and through attorney of record,
Kirk Dockezy, and announced ready for trial.
Respondent, PAUL .MICH.AEL PARsON, appeared inperson and through attorney ofrecord,
Dawn M. Laubach, and announced ready for trial.
Record
The record of testimony was duly reported by the court reporter for the 8 Ist Judicial District
Court.
Jurisdiction and Domicile
The Court finds that the pleadings of Petitioner are in due form and contain all the
allegations, information, and prerequisites required by law. The Court. after receiving evidence,
tmds that it has jurisdiction of this case and of all the parties and that at least sixty days have elapsed
since the date the suit was filed.
The Court further finds that, at the time this suit was filed, Petitioner had been a domiciliary
ofTexas for the pre~ding six-mo_nth period and a resident ofthe county in which this suit was filed •
for the precedirig ninety-day period. All persons entitled to citation were properly cited.
Jury
A jury was waived, and questions of fact and of Jaw were submitted to the Court.
Divorce
ITIS ORDERED AND DECREED that TRACIE MARIE PARSON, Petitioner, and PAUL
MICHAEL PARSON, Respondent, are divorced and that the marriage between them is dissolved
on the ground ofinsupportability.
Children ofthe Marriage
The Court fmds that Petitioner and Respondent are the parents oftbe following children:

Cause No. 10..10-0579-CVW
CORRECTED FINAL DECREE OF DIVORCE
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 Name: FALJN GALE PARSON
Sex: Female
Birth date: October 12, 2006
Home state: Texas
Social Security number: XXX-XX-XXXX

Name: ROGAN DOW PARSON
Sex: Male
Birth date: January 15, 2009
Home state: Texas
Social Security number: XXX-XX-XXXX

The Court finds no other children of the marriage are expected.
Parenting Plan
The Court finds that the provisions in this decree relating to the rights and duties of the
parties with relation to the childrell., possession of and access to the children, child support, and
optimizing the development of a close and continuing relationship between each party and the
children constitute the parenting plan established by the Court.
Conservatorship
The Court, having considered the circumstances of the parents and ofthe children, finds that
the following orders are in the best interest of the children.
IT IS ORDERED that TRACIE MARIE PARSON and PAUL MICHAEL PARSON are
appointed Joint Managing Conservators of the follo\ving children: FALIN GALE PARSON and
ROGAN DOW PARSON.
IT IS ORDERED that, at all times, TRACIE lvfARIE PARSON, as a parent joint managing
conservator, shall have the following rights:
1. the right to receive information from any other conservator ofthe children concerning
the health, education, and welfare of the children;

2. the right to confer with the other parent to the extent possible before making a
decision concerning the health, education, and welfare of the children;

3. the right of access to medical, dental., psychological, and educational records of the
children;

4. the right to consult with a physician, dentist, or psychologist of the children;

5. the right to consult with school officials concerning the children's welfare and
educational status, including school activities;

6. the right to attend school activities;

7. oti.fied in ease

8. the right to consent to medical, dental, and surgical treatment during an emergency ·

Cause No. l 0-1 0-0579-CVW
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...
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~
 involving an immediate danger to the health and safety of the children; and

9. . the right to manage the estates of the children to the extent the estates have been
created by the parent or the parent's family.

IT IS ORDERED that, at all times, PAUL MICHAEL PARSON, as a parent joint managin:g
conservator, shall have the following rights:

the·~~~,~~,;;,1~:~~.~~~~~;~~~~~;:~ui1S.B;;I~ =:/d:e~1,eJ. 1
0

· 2. the right to confer with ·the other parent to the extent possible before making a
decision concerning the health, education, and welfare of the children;

3. the right of access to medical, dental, psychological, and educational records of the
children;

4. the right to consult with a physician, dentist, or psychologist of the children;

5. the right to consult with school officials concerning the children's welfare and
educational status, including school activities;

6. the right to attend school activities;

7. ffi:a(l@ljtto;be·desj~¥~on~tiJ.e:ehildre:ti:'S'tecotds:'asA1 etSo 't(:fbC;notifi~'d/. case:·
qf:·!~Rxoo~~~~~~Yfoi:fJ trs.--r-as·-JfrtNl(l!_; flat etrldiijiiiil7!ltf:/J. ···-- . . - ··: ~~L.. .... t

8. the right to consent to medical, dental, and surgical treatment during an emergency
involving an immediate danger to the health and safety of the children; and

9. the right to manage the estates of the children to the extent the estates have been
created by the parent or the parenfs family.

IT IS ORDERED that, at all times, TRACJE MARIE PARSON and PAUL N.IICHAEL
PARSON, as parent joint managing conservators, shall each have the following duties:

l. the duty to inform the other conservator of the children in a timely manner of
significant information concerning the health, education, and welfare of the children; and

2. the duty to inform the other conservator ofthe children if the conservator resides with
for at least thirty days; marries, or intends to marry a persori who the conservator knows is registered
as a sex offender under Chapter 62 of the Code of Criminal Procedure or is currently charged with
an offense for which on conviction the person would be required to register under that chapter. IT
IS ORDERED that this information shall be tendered in the form of a notice made as soon as
practicable, but not later than the fortieth day after the date the conservator of the children begins to
reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS
0 RD ERED that the notice must include a description of the offense that is the basis of the person's
requirement to register as a sex offender or of the offense with which the person is charged
WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNfSHABLE AS A CLASS C
MISDEMEANOR 1F 1HE CONSERVATOR FAILS TO PROVIDE TIUS NOTICE.

IT IS ORDERED that, during her periods of possession, TRACIE MARIE PARSON, as
parent joint managing conservator, shall have the following rights and duties:

Cause No. 10-10-0579-CVW
CORRECTED FTh!AL DECREE OF DIVORCE
Page3 of29

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 1. the duty of care, control, protection, and reasonable discipline of the children;

2. the duty to support the childre~ includingprovidingthe children with clothing, food,
shelter, and medical and dental care not involving an invasive pro.cedure;

3. the right to consent for the children to medical and dental care not jnvolving an
invasive procedure; and

4. the right to direct the moral and religious tiaining of the children.

IT IS ORDERED that, during bis periods of possession, PAUL MrCHAEL PARSON, as
parent joint managing conservator, shall have the following rights and duties:

1. the duty of care, control, protection, and reasonable discipline of the chlldren;

2. the duty to support the ch.ildre~ includingprovidingthechildren with clothing, food,
shelter, and medical and dental care not involving an invasive procedure;

3. the right to consent for the chlldren to medical and dental care not involving an
invasive procedure; and

4. the right to drrect the moral and religious training of the children.
IT IS ORDERED that 1RA.CIE MARIE PARSON, as a parent joint managing conservator,
shall have the following rights and duty: ·

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geograpllic location··tt;l()Aq fh •nlo' ·· · ·. : ·A· tlfiA'- · :.-~'\ .:·:·_. ·.. ~ ':: .. · _.
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 Thursday

Except as otherwise expressly provided in this Standard Possession Order, if
a weekend period of possession by PAll... lMICHAEL PARSON ends on or is
immediately followed by a student holiday or a teacher in-service day that falls on a
Monday during the regular school term. as determined by the school in which the
child is enrolled. or a federal, state, or local holiday that falls on a Monday during the
summer months when school is not in session, that weekend period of possession
shall end at 6:00p.m. on that Monday.

3. Spring Vacation in AllYears- Every year, beginning at 6:00p.m. on
the day the child is dismissed from school for the school's spring vacation and ending
at 6:00 p.m. on the day before school resumes after that vacation.

4. Extended Summer Possession by PAll... MICHAEL PARSON-

With Written Notice by April 1 - If PAUL MICHAEL PARSON gives
TRACIE MARIE PARSON written notice by April 1 of a year s ecii)'ing an
extended period or periods of summer possession for that y
PARSON shall have possession of the child fol1.lf9-~tw;g~:..... s beginning no earlier
than the day after the child's school is dismissed for the summer vacation and ending
no later than seven days before school resuri:J.es at the end ofthe summer vacation in
that year, to be exercised in no more than two separate periods of at least seven
consecutive days each, with each period ofposses~ion begmning and ending at 6:00
p.m. on each applicable day, as specified in the written notice. These periods of
possession shall begin and end at 6:00 p.m. on each applicable day.

Without Written Notice by Aprill - IfPAtrr... MICHAEL PARSON does not
give TRAC1E MAR1E PARSON written notice by April 1 of a year specifYing an
extended period or periods of summer possession for that year, PAUL MJCHAEL
PARSON shall have possession ofthe child for forty-two consecutive days beginning
at 6:00p.m. on June 15 and ending at 6:00p.m. on July 27 of that year.

Notwithstanding the weekend periods of possession ORDERED for PAUL
.MICHAEL PARSON, it is expressly ORDERED that TRACIE MARIE PARSON
shall have a superior right of possession of the child as follows:

1. Summer Weekend Possession by TRACIE MARIE PARSON - If
TRACIE .MARIE PARSON gives PAUL .MICHAEL PARSON written notice by
April 15 of a year, TRACIE MARJE PARSON shall have possession of the child on
any one weekend beginning at 6:00p.m. on Friday and ending at 6:00p.m. on the
following Sunday during any one period of possession by PAUL MICHAEL
PARSON during PAUL MlCHAEL PARSON's extended summer possession in that
year, provided that if a period of possession by PAUL MICHAEL PARSON in that
year exceeds thirty days, TRACIE MARIE PARSON may have possession of the
child under the. terms of this provision on any two nonconsecutive weekends during
that period and provided that TRACIE MARIE PARSON picks up the chitd from
PAll... l\IJ1CHAEL PARSON and returns the child to that same place and that the
weekend so designated does not interfere with Father's Day possession.

2. Extended Summer Possession by TRACIE MARIE PARSON - If
TRACIE MARIE PARSON gives PAUL MICHAEL PARSON written notice by
April 15 of a year, TRACill MARIE PARSON may designate twenty-one days

Cause No. 10-10-0579-CVW
CORRECTED FINAL DECREE OF DIVORCE
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. .·.. ·.... .- ~~... .
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 beginning no earlier than the day after the child's school is dismissed for the summer ·
vacation and ending no la:ter than seven days before school resumes at the end of the
summer vacation in that year, to be exercised in no more than two separate periods
of at least seven consecutive days each, during which PAUL IviiCHAEL PARSON
shall not have possession of the child, provided that the period or periods so
designated do not interfere with PAUL IviiCHAEL PARSON•s period or periods of
extended summer possession or with Father's Day possession. These periods of
possession shall begin and end at 6:00p.m. on each applicable day.
(e) Holidays Unaffected by Distance
Notwithstanding the weekend and Thursday periods of possession ofPAUL
MICHAELPARSON, TRACIEMARIEPARSONandPAULiviiCHAELPARSON
shall have the right to possession of the child as follows:

1. Christmas Holidays in Even-Numbered Years - In even-numbered
years, PAUL IviiCHAEL PARSON shall have the right to possession ofthe child · L,A.
beginning at 6:00 ·p.m. on the day the child .is dismissed from sgb.ool fot ~·.[b_c eft\!MLL'l
Christmas school vacation and ending at noon on tlscember 28("and TRACIE'
MARlE PARSON shall have the right to possession of the child beginning at noon
on December 28 and ending at 6:00p.m.~ school resumes after that
Christmas school vacation. ~~~.0\),p.~~·,bQ\iaR:.Q
? Christmas Holidays in Odd-Numbered Years- In odd-numbered years,
TRACIE MARIE PARSON shall have the right to possession ofthe child beginning
at 6:0.0 p.m. on t?e day the child is dismissed from school for the Christmas school ~ " 11\·. ~oOC
vacation and ending at noon on Dem~mber 28, anEi-P1rt:1L M1CliAEL PARSON sh:iilr ~ru P'-' -
have the right to possession of the child beginning at noon on December 28 and 19~ ·
ending at 6.;.0Q.-p:m. on ~hoot resumes after that Christmas school
vacation, ~ODpvn. ~~ bL~
3. Thanksgiving in Odd-Numbered Years - In odd-numbered years,
~LJI...~MICHAEL PARSON shall have the right to possession ofthe child beginning
( ~n the day the child is dismissed from school for the Thanksgiving
holiday. and ending at..6.;.0G-p:m. on the Sunday following Thanksgiving.

4. T~~~ff.ttven-Nurnbered Years - In even-numbered years,
·TRACIE MARIE PARSON shall have the right to possession ofthe child beginning
at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving
holiday and ending at 6:00p.m. on the Sunday following Thanksgiving.
5. Child's Birthday - If a parent is not otherwise entitled llilder this
Standard Possession Order to present possession of a child on. the child's birthday,
that parent shall have possession ofthe child and the child's minor siblings beginning
~~and ending at 8:00p.m. on that day, provided that that parent picks up
'__... f/lClif,\' \ the children from the other parent's residence and returns the children~
. i!P"J v ~ ffi\ ~o.t
6. Father's Day- PAUL :MICHAEt-.PARSON shall have the right to
possession ofthe child each~ar·,· beginning ~!@)~OJNU. on the Friday ~receding
Father's Day and ending a1t ..QO:;;prli:i: on Father's Day, provided that If PAUL
MlCHAEL PARSON is noto erwise entitled under this Standard Possession Order
to present possession of the child, he shall pick up ~e child from TRACIE MARIE

Cause No. 10~10-0579-CVW
CORRECTED FINAL DECREE OF DIVORCE
Page 10 of29
 PARSON's residence and return the child to that same place.
7. · Mother's Day- TRACIE MARJE PARSON sba1l have the right to
possession of the child each year, beginning at 6:00 p.m. on the Friday preceding
Mother's Day and ending at 6:00 p.m. on Mother's Day, provided that if TRACIE
MARIE PARSON is not otherwise entitled under this Standard Possession Order to
present possession of the child, she shall pick up the child from PAUL MICHAEL
PARSON's residence and return the child to that same place.
(f) Undesignated Periods of Possession
· TRACffi MARIE PARSON shall have the right of possession ofthe child at
all other times not specifically designated in thls Standard Possession Order for
PAUL MICHAEL PARSON.
(g) General Terms and Conditions
Except as otherwise expressly provided inthis Standard Possession Order, the
terms and conditions of possession of the child that apply regardless ofthe distance
between the residence of a parent and the child are as follows:
1. The parties shall by mutual agreement in writing designate a location
for the exchanges of possession at the end of each period of possession which is
approximately one-half the distance between the residences of the parties. The
designated location shall be redetermined each time one of the parties gives notice
of a change of residential address.
2. Surrender of Child by TRAClE MARIE PARSON- TRACIE MARJE
PARSON is ORDERED to surrender the child to PAUL 1:v1ICHAEL PARSON at the
beginning of each period of PAUL MICHAEL PARSON's possession at residence
ofTRACIE MARIE PARSON.
3. Return of Child by PAUL MICHAEL PARSON~ PAUL MICHAEL
PARSON is ORDERED to return the cljild to the place designated by mutual
agreement of the parties at the end of each period of possession.
4. Surrender of Child by PAUL .MICHAEL PARSON - PAUL
MICHAEL PARSON is ORDERED to surrender the child to TR.t\.ClE MARIE
PARSON, ifthe child is in PAUL MICHAEL PARSON's possession or subject to
PAUL :MICHAEL PARSON's control, at the beginning of each period of TRACIE
MARIE PARSONs exclusive periods of possession, at the place designated in this
Standard Possession Order.
5. Return of Child by TRACIE MARIE PARSON- TRACIE MARIE
PARSON is ORDERED to rehun the child to PAUL MICHAELPARSON, ifPAUL
J:v1ICHAEL PARSON is entitled to possession of the child, at the end of each of
TRAClE MARJE PARSON's exclusive periods ofpossession, at the place designated
in this Standard Possession Order.
6.. Personal. Effect<:;- Each conservator is ORDERED to return -with the
child the personal effects that the child brought at the beginning of the period of
possession.

Cause No. 10-10·0579-CVW
CORRECTED FINAL DECREE OF DNORCE
Page I I or19

~ . ._ . - .... -··· ..· . .... . .. .- .
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 7. n~~'·''lJe§ignatidii ·i:if'COmpefetif .Adult. ~· Eacti·~eonservator may designate
any competen(adult to pick up and return the child, as applicable. IT IS ORDERED
%t,,ft.co~ervator or·'} ~esip~ed coml(ytent adult be present when the child is
picked up or returned. LJ Sf- f:l~D-Fat ·
8. Inability to Exercise Possession- Each conservator is ORDERED to
give notice to the person in possession of the clrild on each occasion that the
conservator will be unable to exercise that conservator's right of possession for any
specified period.
9. Written Notice- Written notice shall be deemed to have been timely
made if received or postmarked before or at the time that notice is due.

This concludes the Standard Possession Order.
2. Duration
The periods of possession ordered above apply to each child the subject of this suit
while that child is under the age of eighteen years and not otherwise emancipated.
3. Noninterftrence with Possession
IT IS 0 RD ERED that neither conservator shall take possession ofthe children during
the other conservator's period of possession unless there is a prior written agreement signed
by both conservators or in case of an emergency.
4. Termination ofOrders
The provisions of this decree relating to conservatorship, possession, or access
terminate on the remarriage of1RAC1E MARIE PARSON toPAUL MICHAEL PARSON
unless a nonparent or agency has been appointed conservator of the children under Chapter
153 ofthe Texas Family Code.
Child Support
IT IS ORDERED that PAUL :MICHAEL PARSON is obligated to pay and shall pay to
TRACIE MARIE PARSON child support of $1, 150.00 per month, with the first payment being due
and payable on rV1arch l, 201 1 and a like payment being due and payable on the 1st day of each

Cause No. l 0-l0-0579-CVW
CORRECTED FlNAL DECREE OF DiVORCE
Page 12 of29
 month thereafter until the first month following the date of the earliest occurrence of one of_ the
events specified below: · ·
1. any child reaches the age ofeighteen years or graduates from high school, whichever
occurs later, subject to the provisions for support beyond the age of eighteen years set out below;
2. any child marries;
3. any child dies;
4. the child enlists in the armed forces of the United States and begins a.ctive service as
defined by Section 101 of Title 10 of the United States Code; or
5. any child's disabilities are otherwise removed for general-purposes.
Therea:fter,PAULMICHAELPARSONisORDEREDtopaytoTRACIEMARIEP~ON
child support of$920.00 per mon~ due and payable on the 1st day of the first month in:unediately
following the date of the earliest occurrence of one of the events specified above for the other child
and a like sum of $920.00 due and payable on the 1st day of each month thereafter until the next
occurrence of one of the events specified above for the other child.
Ifibe child is eighteen years ofage and has not graduated :from high school, IT IS ORDERED
that PAUL MICHAEL PARSON's obligation to pay child support to TRACIE MARIE PARSON
shall not terminate but shaU continue for as long as the child is enrolled-
1. under Chapter 25 ofthe Texas Education Code in an accredited secondary schooi in
a program leading toward a high school diploma or under Section 130.008 of the Education Code
·in courses for joint high school and junior college credit and is complying with the minimum
attendance requirements of Subchapter C of Chapter 25 of the Education Code or
2. on a full-time basis in a private secondary school in a program leading toward a high
school diploma and is complying with the minimum attendance requirements imposed by that
schooL
Statement on Guidelines
In accordance with Texas Family Code Section I 54.130, the Court makes the following
findings and conclusions regarding ihe child support order made in open court in this case on
Febroary 3, 2011:
1. The amount of child support ordered by the Court is in accordance with the
percentage guidelines.
2. The net resources ofPAUL tvllCH.AEL PARSON per month ~e $4,606.97.
3. The net resources of TRACIE MARIE PARSON per month are $2,500.00.
4. The percentage applied to the frrst $7,500 of PAUL MICHAEL PARSON's net
resources for child support is 25 percent.
Withholding from Earnings

Cause No. 10-1 0..0579-CVW
CORRECTED FINAL DECREE OF DIVORCE
Page l3 of29

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 IT IS ORDERED that any employer of PAUL .:MICHAEL PARSON shall be ordered to
withhold from earnings for child support from fue disposable earnings of PAUL MICHAEL
PARSON for the support ofFALIN GALE PARSON and ROGAN DOW PARSON.
IT IS FURTHER ORDERED that all amounts Withheld from fue disposable earnings of
PAUL 1v.1ICHAEL PARSON by the employer and paid in accordance with the order to that employer
shall constitute a credit against the child support obligation. Payment of the full amount of child
support ordered paid by this decree through the means ofwithholding from earnings shalldischa:rge
the child support obligation. If the amount withheld from earnings and credited against the child
support obligation is less than 100 percent of the amount ordered to be paid by this decree, the
balance due remains an obligation of PAUL IVIICHAEL PARSON, and it is hereby ORDERED that
PAUL IVIICHAEL PARSON pay the balance due directly to the state disbursement unit specified
below.
On this date the Court signed an Order/Notice to Withhold Income for Child Support.
Payment
IT IS ORDERED that all payments shall be made through the state disbursement unit at
TEXASCHILDSUPPORTDISBURSEMENTUNIT,P.O.BOX65979l,SANANTONIO,TEXAS
78265-9791, and thereafter promptly remitted to TRACIE MARIE PARSON for the support of the
children. ITIS ORDERED that each party shall pay, when due, all fees charged tothatpartybythe
state disbursement unit and any other agency statutorily authorized to charge a fee.
Change ofEmployment
IT IS FURTHER ORDERED that PAUL JvliCHAEL PARSON shall notify this Court and
TRACIE MARIE PARSON by U.S. certified mail, return receiptrequested, of any change ofaddress
and of any termination of employment. 'Ibis notice shall be given no later than seven days after the
change of address or the terrriination of employment This notice or a subsequent notice shall also
provide the current address of PAUL MICHAEL PARSON and the name and address ofhis current
employer, whenever that information becomes available.
Clerk's Duties
IT IS ORDERED that, on the request of a prosecuting attorney, the Title IV ~D agency, the
friend of the Court, a domestic relations office, TRACIE MARIE PARSON, PAUL MICHAEL
PARSON, or an attorney representing TRACIE MARIE PARSON or PAUL MICHAEL PARSON,
the clerk ofthis Court shall cause a certified copy ofthe Order/Notice to Withhold Income for Child
Support to be delivered to any employer.
Health Care
1. IT IS ORDERED that TRACIE MARIE PARSON and PAUL MICHAEL PARSON
shall each provide medical support for each child as set out in this order as additional child support

Cause No. lQ..l0-0579-CVW
CORRECTED FINAL DECREE OF DfVORCE
Page 14 of29

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 for aS long as the Court may order TRACIE :MARIE PARSON and PAUL MICHAEL PARSON to
provide support for the child under Sections 154.001 and 154.002 of the Texas Family Code.
Beginning on the day TRACIE MARIE PARSON and PAUL MICHAEL PARSON's actual or
potential obligation to support a cQ.ild under Sections 154.001 and 154.002 of tbe Family Code
terminates, IT IS ORDERED that TRACIE MARlE PARSON and PAUL MICHAEL PARSON are
discharged from the obligations set forth in tbis medical support order with respect to that cbild,
except for any failure by a parent to fully comply with those obligations before that date.
2. Definitions -
"Health Insurance" means insurance coverage that provides basic healt:J:I...care services,
including usual physician services, office visits, hospitalization, and laboratory, X-ray, and emergency
services, that may be provided through a health maintenance organization or other private or public
organization, other than medical assistance under Chapter 32 of the Texas Human Resources Code.
"Reasonable cost" means the total cost ofhealth insurance coverage for all children for which
PAUL .MICHAEL PARS ON is responsible under a medical support order that does not exceed 9
percent ofP AUL MICHAEL PARSON's annual resources, as descnbed by Section 154.062(b) of the
Texas Family Code.
"Reasonable and necessary health-care expenses not paid by insurance and incurred by or on
behalf of a child" include, without limitation, any copayments for office visits or prescription drugs,
the yearly deductible, if any, and medical, surgical, prescription drug, mental health-care services,
dental, eye care, ophthalmological, and orthodontic charges. These reasonable and necessary health-
care expenses do not include expenses for travel to and from the health-care provider or tor
nonprescription medication.
"Furnish" means:
a. to hand deliver the document by a person eighteen years of age or older either
to the recipient or to a person who is eighteen years of age or older and
pennanently resides with the recipient;
b. to deliver the document to the recipient by certified mail, retum receipt
requested, to the recipient's last lmown mailing or residence address; or
c. to deliver the document to the recipient at the recipient1s last known mailing or
residence address using any person or entity whose principal business is that of
a courier or deliverer of papers or documents either witl;ljn or outside the
United States.
3. Findings on Health Insurance Availability- Having considered the cost, accessibility,
and quality of health insurance coverage available to the parties, the Court finds:
Health insurance is available or is in effect for the children through PAUL MICHAEL

Cause No. lO-l0-0579-CVW
CORRECTED FfNAL DECREE OF DNORCE
Page 15 of29
 PARSON's employment or membership in a union, trade association, or other organization at a
reasonable cost.
IT IS FURTHER FOUND that the following orders regarding health-care coverage are in the
best interest of the children.
4. Provision of Health-Care Coverage -
. As additional child support, PAUL MICHAEL PARSON is ORDERED to continue to maintain
health insurance for each child who is the subject of this suit that covers basic health-care services,
including usual p~ysician services, office visits, hospitalization, laboratory, X-ray, and emergency
services.
PAUL MICHAEL PARSON is ORDERED to maintain such health insurance in full force and
effect on each child who is the subject of this suit as long as child support is payable for that child.
PAUL MICHAEL PARSON is ORDERED to convert any group insurance to individual coverage or
obtain other health insurance for each child within fifteen days of termination of his employment or
other disqualification from the group insurance. PAUL :tvliCHAEL PARSON is ORDERED to
exercise any conversion options or acquisition of new health insurance in such a manner that the
resulting insurance equals or exceeds that in effect immediately before the change.
PAUL MICHAEL PARSON is ORDERED-to furnish TRACIE MARIE PARSON and the
Office ofthe Attorney General Child Support Division a true and correct copy of the health. insurance
policy or certification and a schedule of benefits within 14 days of the signing of this order. PAUL
MICHAEL PARSON is ORDERED to furnish TRACIE MARIE PARSON the insurance cards and
any other forms necessary for use of the insurance within 14 days of the signing of this ord~. PAUL
MICHAEL PARSON is ORDERED to provide, within three days of receipt by him, to TRACIE
MARIE PARSON any insurance checks, other payments, or explanations of benefits relating to any
medical expenses for the children that TRACIE MARIE PARSON paid or incurred.
Pursuant to Section 1504.051 of the Texas Insurance Code, IT IS ORDERED that if PAUL
MICHAEL PARSON is eligible for dependent health coverage but fails to apply to obtain coverage
for the children, the insurer shal I enroll the children on application of1RACJE MARIE PARSON or
others as authorized by Iaw.
Pursuant to Section 154.183(c) of the Texas Family Code, the reasonable and necessary
health-care expenses of the children that are not reimbursed by health insurance are allocated as
follows: TRACIE MARIE PARSON is ORDERED to pay 50 perqen.t and PAUL MICHAEL
PARSON is ORDERED to pay 50 percent ofthe unreimbursed health-care expenses if, at the time the
expenses are incurred, PAUL MICHAEL PARSON is providing health insurance as ordered.
The party who incurs a health-care expense on behalf of a child is ORDERED to submit to the
other party all forms, receipts, bills, statements, and explanations of benefits reflecting the uninsured

·. .'-. Q.L - fn ~' -\1J 'S'W.: ~79-PvRf:~
,;H:J[.-\Q_ . ij. \YV CORRECTED FINAL DECREE OF DfVORCE
Page 16 of29

. ·- . .:.. <.• .-.:
 portion ofthe health-care. expenses within thirty days after he or. she receives them. The nonincurring
party is ORDERED to pay his or her percentage of the uninsured portion ofthe health-care expenses
either by paying the health-care provider directly or by reimbursing the incurring party for any advance
payment exceeding the incurring party's percentage of the uninsured portion of the health-care
expenses within thirty days after the nonincurring party receives the forms, receipts, bills, statements,
and explanations of benefits.
These provisions apply to all unreimbursed health-care expenses ofany child who is the subject
of this suit that are incurred while child support is payable for that child.
5. Secondary Coverage - IT IS ORDERED that if a party provides secondary health
insurance coverage for the cJ,illdren, both parties shall cooperate :fully with regard to the handling and
filing of claims with the insurance carrier providing the coverage in order maximize the benefits to
available to the children and to ensure that the party who pays for health-care expenses for the children
is reimbursed for the payment :from both carriers to the fullest extent possible.
6. Compliance with Insurance Company Requirements - Each party is ORDERED to
conform to all requirements imposed by the terms and conc#tions of the policy of health insurance
covering the children in order to assure ma.--timurn reimbursement or direct payment by 1he insurance
company of the incurred health-care expense, including but not limited to requirements for advance
notice to any carrier, second opinions, and the like. Each party is ORDERED to attempt to use
J,trJf.§.f~~1)'ffi-!Q.r"(f€Af;'i~_egarator
k. 2 wine racks
]. Com hole game
m. Light oak bedroom suit
n. Sofa with hide-a-bed
0. Glass and wood coffee table
p. Ceramic tile table
q. Antique parlor chairs
r. Washer/dryer
s. Microwave
t. Book shelves (3) ~
ll. -£m~~l*'f-DP 1w
v. A one-half of the Wine Collecti n
w. Red overstuffed chair
H-3. The funds on deposit, together with accrued but unpaid interest, in the following banks,
savings institutions, or other fwancial institutions:
a. Navy Federal Credit Union,
Account number XXXXX5700
H-4. AU sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise,
together with all increases thereof, the proceeds therefrom, and any other rights related to or as a result
of PAUL MICHAEL PARSON's service in the United States Navy, inc1uding any accrued unpaid
bonuses, disability plan or benefits, Thrift Savings Plan, or other benefits existing by reason of or as

Cause No. 10-1()..{}579-CVW
CORRECTED FINAL DECREE OF DlVOR,CE
Page22 of29

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 a result of PAUL MICHAEL PARSON's past, present, or future employment, except that portion of
PAUL :MICHAEL PARSONs U.S. military retirement that has been awarded in this decree to
TRACIE MARIE PARSON as more particularly specified in the domestic relations order signed in
conjunction with this decree and incOrporated verbatim in it by reference.
H-5. All policies of life insurance (including cash values) insuring the husband's life.
H~6. The 2003 Chevrolet ·suburban motor vehlcle. vehicle -identification number
3GNFK16ZX3G345091, together with all prepaid insurance, keys, and title documents.
Propertyto Wife
IT IS ORDERED AND D~CREED that the wife, TRACIE MARIE PARSON, is awarded the
follm.v:ing as her sole and separate property, and the husband is divested ofall right, title, interest, and
claim in and to that property:
W-L One-half interest of the net proceeds from the sale of the following real property,
including but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans,
home security access and code, garage door opener, warranties and service contracts, and title and
closing do~um.ents:
18 Acres ofland in Wilson County, Texas out ofJohn H. Mills Survey No. 36,
Abstract 221, being portion of that certain 60.4 acre tract described in
conveyance in Volume 867, Page 108, Official Records of.Wilson County,
Texas, also known as 2496 CR 104, Floresville, Texas.
W-2. The following real property, including but not limited to any escrow :funds, prepaid
insurance, utility deposits, keys, house plans, home security access and code, garage door opener,
·warranties and service contracts, and title and closing documents:
0.37 acres cifland within the city limits ofPoth and out ofthe Luis Manchaca
Grant, Abstract 18, Wilson County, Texas and being the ]and described in a
conveyance to Geraldine L. Gorzell and Peggy S. Fiske of record in Volume
827, Page 480, Official Public Records ofWlison County, Texas and further
being parts or portions ofLots 2, 3, 4 and 5, Block 11 as shown on the plat of
record in Volume 136, Page 276 of the Deed Records ofWilson County, Texas
also known as 405 N Carroll St., Poth, Texas.
W-3. The following furniture, furnishings, fixtures, goods, art objects, collectibles,
appliances, and equipment in her possession, including, but not limited to:
a. 3 Piece Sofa Set
b. King Sleigh Bed and Bedroom Suite
c. DVD Player/Recorder
d. DVD player
e. 19" TV
f_ Brother printer
g. Desktop computer
h. E wave freezer .
i. Fridgidaire mini refrigerator
J. Fiestaware dish set
k. Black console table

Cause No. 10-10-0579-CVW .
CORRECTED FINAL DECREE OF DIVORCE
Page23 of29

.· ......
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 1. Stainless steel pots and pans set
m. Washer/dryer
n. Card table and folding chairs
0. Fridgidaire refrigerftor
p. h~~tlL.
q. 6' Howse Shredder
r. Troy built mower
s. Remington 870 Shotgun
t. One-half of the Wine Collection
W-4. The funds on deposit, together with accrued but unpaid interest, in the following banks,
savings institutions, or other financial institutions:
a. First National Bank
Account number XXXXX-754
b. Navy Federal Credit Union
Account number XX:XX:XX-6058
c. Navy Federal Credit Union
J\ccountnumber}CK}C[-000
d. Navy Federal Credit Union
Account number 300916487
W-5. The sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise,
together with all increases thereot: the proceeds therefrom, and any other rights related to any profit-
sharing plan, refuement plan, Keogh plan, pension plan, employee stock option plan, 401 (k) plan,
employee savings plan, accrued unpaid bonuses, clisability plan, or other benefits existing by reason
of the wife's past, present, or :future emptoynient with the Teacher Retirement System of Texas.
W-6. All sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise,
together with all increases thereof, the proceeds therefrom, and any other rights related to or as a result
of PAUL MfCHAEL PARSON's service in the United States Navy, including any accrued unpaid
bonuses, ~sability plan or benefits, Thrift Savings Pian, or other benefits existing by reason ofor as
a result of PAUL J\.1ICHAEL PARSON's past, present, or future employment, except that portion of
PAUL MICHAEL PARSON's U.S. military retirement that has been awarded in this decree to PAUL
MICHAEL PARSON as more particularly specified in the domestic relations order signed in
conjunction with this decree and incorporated verbatim in it by reference.
W-7. All policies of life insurance (including cash values) insuring the wife's life.
W-8. The 2006 Nissan Altima motor vehicle, vehicle identification nmnber
JN4AL11D86N450449, together with all prepaid insurance, keys, and title documents.
W-9. The 2009 Mahindra Tractor motor vehicle, vehicle identification number SBCN176,
together with all prepaid insurance, keys, and title documents.
W-10. $1,000.00 payable by PAUL MICHAEL PARSON to TRACIE MARIE PARSON on
or before April30, 2011, by cash, cashier's check, or money order.
Division of Debt
Debts to Husband

Cause No. I0-10-0579-CVW
CORRECTED FINAL DECREE OF DIVORCE
Page24 of29

. . ....... ·-·
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 IT IS ORDERED AND DECREED that the husband, PAUL MICHAEL PARSON, shall pay,
as a part of the division of the estate of the parties, and shall indemnify and hold the wife and her
property harmless from any failure to so discharge, these items:
H-1. The .balance. due, including principal, interest, tax, and insurance escrow, on the
promissory note executed by 1RACIE MARIE PARSON and PAUL MICHAEL PARSON, in the
original principal sum of$76,000, dated on or about May 12, 2009, payable to Vet~ans Land Board,
and secured by deed oftrust on the real property awarded in this decree to the husband and wife, which
is recorded at Volume 1508, Page 48, Deed ofTrustRecords ofWilson County, Texas.
H-2. The balance due, including principal, interest, and all other charges, on the promissory
note payable to Navy Federal Credit Union and given as part of the purchase price of and secured by
a lien on the 2003 Chevrolet Suburban motor vehicle awarded to husband.
H-3. The following debts, charges, liabilities, and obligations: all credit card accounts in
Husband's name as the primary borrower (NFCU).
H-4. All debts, charges, liabilities, and other obligations incurred solely by the husband from
and after October 2, 2010 unless express provision is made in this decree to the contrary.
H-5. $1,000.00 payabletoTRACIEMARIEPARSON onorbeforeApri130,2011, by cash,
cashier's check, or money order.
Debts to Wife
IT IS ORDERED AND DECREED that the wife, TRACIE MARIE PARSON, shall pay, as
a part of the division of the estate of the parties, and shall indemnify and hold the husband and his
property hannless from any failure to so discharge, these items:
W -1. The balance due, including principal, interest, and all other charges, on the proririssOiy-
note payable to Agricredit Acceptance LLP and given as part of the purchase price of and secured by
a lien on the 2009 Mahindra Tractor motor vehicle awarded to wife.
W-2. The balance due, including principal, interest,. tax, and insurance escrow, on the
promissory note executed
.
by TRACIE MARIE PARSON and PAUL MICHAEL PARSON, .
in the
original principal sum of $98,445.00, dated December 28, 2010, payable to State Bank of Paw Paw,
and secured by deed of trust on the real property awarded in this decree to the husband and wife, which
is recorded at volume 1586, page 607, Deed ofTrust Records of Wilson County, Texas.
W-3. The following debts, charges, liabilities, and obligations: aU credit card accounts in
Wife's uame as the primary borrower (CitiBank, Bank ofAmerica, Discover), and all of the debt owed
to Gail and Asa G. Fuller, ill.
W -4. All debts, charges, liabilities, and other obligations incurred solely by the wife from and
after October 2, 2010 unless express provision is made in this decree to the contrary.
Notice
IT IS ORDERED AND DECREED that each party shall send to the other party, within three
days of its receipt, a copy of any correspondence from a creditor or taxing authority concerning any

Cause No. 10-1 0..0579-CVW
CORRECTED FJNAL DECREE OF DIVORCE
Page25 of29

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 potential liability of the other party.
Provisions Dealing with Sale of Property
ITIS FURTHER ORDERED AND DECREED that the property and all improvements located
thereon. being 18 Acres of land in Wilson County, Texas out of John H. Mills Survey No. 36,
Abstract 221, being portion oftbat certain 60.4 acre tract described in conveyance in Vohnne 867,
Page 108, Official Records of Wilson ~ounty, Texas, according to the map, plat,. or deed records of
Wilson County, Texas, and more commonly known as 2496 CR. 104, Floresville, Wilson County,
Texas, shall be sold under the following terms and conditions:
1. The property shall be sold for a price that is mutually agreeable to Petitioner and
Respondent..
2. Respon_dent shaJl continue to make all payments of principal, interest, taxes, and
insurance on the property during the pendency of the sale, and Respondent shall have the exclusive
right to enjoy the use and possession of the prern.ises until closing. All maintenance and repairs
necessary to keep the property in its present condition shall be paid by Respondent.
3. The net sales proceeds (defined as the gross sales price less cost of sale and :full
payment of any mortgage indebtedness or liens on the property) shall be distributed as follows:
a. 50% to Petitioner
b. 50% to Respondent.
( Attorney's Fees
To effect an equitable division of the estate of the parties and as a part of the division, and for
services rendered in connection with conservatorship and support of the children, each party shall be
responsible for his or her own attorney's fees, expenses, and costs incurred as a result of legal
representation in this case.
Court Costs
IT IS ORDERED AND DECREED that costs of court are to be borne by the parly who
incurred theiiL
Resolution o[Temporary Orders
IT IS ORDERED AND DECREED that Petitioner and Respondent are discharged from all
further liabilities and obligations imposed by the temporary order of this Court rendered on November
8, 2010.
Discharge from Discovery Retention Requirement
IT IS ORDERED AND DECREED that the parties and their respective attorneys are
discharged :from the requirement of keeping and storing the documents produced in this case in
accordance with Rule 191.4(d) of the Texas Rules of Civil Procedure.
Decree Aclawwledgment

Cause No. !0-JQ-.{)579-CVW
CORRECTED FINAL DECREE OF DIVORCE
Page26 of29

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 Petitioner, TRACIE MARIE PARSON, and Respondent, PAUL WCHAEL PARSON, each
acknowledge that before signing this Final Decree of Divorce they have read this Final Decree of
Divorce fully and completely, have had the opportunity to ask any questions regarding the same, and
fully understand that the contents of this Final Decree of Divorce constitute a fuU and complete
resolution ofthis case. Petitioner and· Respondent acknowledge that they have voluntarily affixed their
signatures to this Final Decree of Divorce, believing this agreement to be a just and right division of
the marital debt and assets, and state that they have not signed by virtue of any coercion, any duress,
or any agreement other than those specifically set forth in ibis Final Decree of Divorce.
Indemnifrcation
Each party represents and warrants that he or she has not incurred any outstanding debt,
· obligation, or other liability on which the other party is or may be liable, other than those described
in this decree. Each party agrees and IT IS ORDERED that if any claim, action, or proceeding is
hereafter initiated seeking to hold the party not asswning a debt, an obligation, a liability, an act, or
an omission of the other party liable for such debt, obligation, liability, act or omission of the other
party, that other party will, at his or her sole expense, defend the party not assuming the debt,
obligation, liability, act, or omission of the other party against any such claim or demand, whether or
not well founded, and will indemnify the party not assuming the debt, obligation, liability, act, or
omission of the other party and hold him or her harmless from all damages resulting from the claim
or demand.
Damages, as used in this provision, includes any reasonable loss, cost, expense, penalty, and
other damage, including without limitation attorney's fees and other costs and expenses reasonably and
necessarily incurred in enforcing this indemnity.
I:r IS ORDERED that the indemnifYing party will reimburse the indemnified party, on demand,
for any payment made by the indemnified party at any time after the entry of the divorce decree to
satisfY any judgment of any court of competent jurisdiction or in accordance with a bona fide
compromise or settlement of claims, demands, or actions for any damages to which this indemnity
relates.
. The parties agree and IT IS ORDERED that each party will give the otherpartyprompt written
notice of any litigation threatened or instituted against either party that might constitute the basis of
a claim for indemnity under this decree.
Clarifying Orders
Without affecting the finality of this Final Decree ofDivorce, this Court expressly reserves the
right to make orders necessary to clar:i:f:Y and enforce this decree.
ReliefNot Granted
IT IS ORDERED AND DECREED that all relief requested in this case and not expressly

Cause No. 10-10-0579-CVW
CORRECTED FINAL DECREE OF DIVORCE
Page 27 of29

·:-:!·:oc~-~~ •·i i -:~-!.~- :.:.~·~·: .~;·~··:·?-~ ::~· ~:·~ ..:. ~-:·~:·/-;r.:_:~ ~~-:.. '.'·::. ·. ·: :- .. :
·- ...-.... .,.
 granted is denied. This is a final judgment, for which let execution and all writs· and processes
necessary to enforce this judgment issue. This judgment finally disposes of all claims and all parties
and is appealable.

Date ofJudgment
The (::ORRECIED DECREE is SIGNED on May 24, 2011, but is effective as of March 1,

2011, the date of the original decree entered in this case.

Cause No. 10-10-0579-CVW
CORRECTED FINAL DECREE OF DIVORCE
Page 28 of29

•._ .. ·.•.•'-.· .·· ._· .. _, __ .· ,· ... •,.·.
'·.
''

APPROVED AS TO FORM ONLY:

The Law Offices of
DONAHO & DOCKERY P.C.
P.O.Box459
Floresville, TX 78114
Tel: (830) 393-2700
Fax: (830) 393- 29

LAUBACH LAW OFFICE
1005 S. Alamo
20770 Highway 281
Suite 108/Box 248
San Antonio, Texas 78258
Tel: (210) 222-1225

:~(8ft~l~~
b~
State Bar No. 24031271
Attorney for Respondent

APPROVED AND rnNSEN1ED TO AS TO BOTH FORM AND SUBSTANCE:
n ~~~
{ i .
.
" Tracie Marie Parson, Petitioner
. Aa._ rd Q.(_-rtf A. 1::1-bJ IT IS FURTIIER
ORDERED that Servicemember shall not merge his military retired pay with any other pension and
shall not pursue any course of action that would d~feat, reduce, or limit Former Spouse's right to
receive Former Spouse's full separate-property share ofServicemember's retired pay as awarded in
this order, unless otherwise ordered herein.
Death
IT IS ORDERED that the payment ofthe retired pay awarded in this order to Former Spouse
shall continue until the death of Servicemember or Fonner Spouse.
Retiree Account Statements and Privacy Waiver
ITIS FURTHER ORDERED that Servicemember shall deliver by first class mail to Former
Spouse at P .0. Box 1365, Poth, Texas, 78147, or such other address as FormerSpouse may hereafter
specify in writing, a true and correct legible copy of each Retiree Account Statement received by
Servicemember from DFAS within five day of its receipt.
IT IS ORDERED that Servicemember hereby waives any privacy or other rights as may be
required for Former Spouse to obtain information relating to Servicemember's date of retirement,
last unit assignment, full pay grade, past or present monthly annuity payments, or other information
that may be required to enforce this award or to revise this order to make it enforceable.
Retirement
IT IS ORDERED that Servicemember shall notify Former Spouse of his application for
a
retired pay, and provide Former Spouse with true copy ofhis Application for Retired Pay Benefits,
on the date he applies for those benefits. This notification shall be mailed by Servicemember to
Former Spouse at her last known address. Servicemember is FURTHER ORDERED to provide to
Former Spouse a true and correct copy ofthe first Retiree Account Statement received by him within
five ~ys of its receipt.
Application for Direct Pay ofRetired Pay
Former Spouse is hereby directed to apply for Former Spouse's entitlement to a portion of
Servicemember's retired pay by contacting the DFAS Legal Departmen~ completing the Application
for Former Spouse Payments from Retired Pay (DD Form 2293), and delivering it along with a
certified copy of this DRO (certified within ninety days of its delivery to DFAS) and a photocopy
of the parties' marriage certificate to: DFAS-HGA-CL, Assistant General Connsel for
Garnishment Operations, P .0. Box 998002, Cleveland, Ohio 44199-8002 by certified mail, return
receipt requested.
DOMESTIC RELATIONS ORDER- MILITARY RETIREMENT Page4
 Taxes
IT IS FURTilER ORDERED that Fonner Spouse shall include in her gross income for her
taxable years ofreceipt all retired pay received by Former Spouse pursuant to this order, and, to the
extent benefits are payable to Former Spouse by DFAS, Servicemember shall not include such
benefits in Servicemember's gross income for such taxable years.
Survivor Benefit Plan
The Court further finds that Former Spouse and the parties' children should be designated as
former spouse and child beneficiaries of Servicemember's .Armed Forces Survivor Benefit Plan
(which is deemed to include the Reserve Component Survivor Benefit Plan, if applicable) and that
Servicemember is ordered to designate Former Spouse and the parties' children as former spouse and
child beneficiaries of the Survivor Benefit Plan and that the designation of Former Spouse and the
children as former spouse and child beneficiaries should not hereafter be modified, amended,
withdrawn, reduced, or altered by Servicernember during the children's eligibility or Former Spouse's
lifetime, and IT IS SO ORDERED.
IT IS THEREFORE ORDERED that Servicemember shall elect to designate Former Spouse
as a former spouse beneficiary of Servicemember's Survivor Benefit Plan. IT IS FURTHER
ORDERED that, pursuant to this order, Former Spouse be and is hereby deemed designated, to the
· extent permitted by law, a former spouse beneficiary of Servicemember's Survivor Benefit Plan to
receive the percentage equal to the percentage ofServicemember's disposable retired pay awarded
Fonner Spouse in this order.
To the extent that Servicemember fails or 'otherwise refuses to cooperate in filing the
documents -required to elect to designate Former Spouse as a former spouse beneficiary of
Servicemember's Survivor Benefit Plan, Former Spouse is directed to apply for Former Spouse's
entitlement to be deemed a former spouse beneficiary of Servicemember's Armed Forces Survivor
Benefit Plan by notifying the DFAS Legal Department of this Court's deemed election pursuant to
10 U.S .C. Section I 447 et seq., completing aDD Form 2656-10 to effect the deemed election, and
sending it, along with a certified copy of this order, to U.S. Military Annuitant Pay, P.O. Box
7131, London, KY 40742-7131 by certified mail, retumreceiptrequested. Former Spouse's failure
to register her deemed election within one year of the date this DRO is signed may, if not will,
forever bar such an election for Former Spouse.
IT IS ORDERED that Servicemember shall not during Former Spouse's lifetime modify,
amend, withdraw~ or in any other manner alter the election to name Former Spouse as a former
spouse beneficiary of Servicemember's Armed Forces Survivor Benefit Plan.
Continued Jurisdiction and Clarification
Without affecting the finality of the Final Decree of Divorce or this Domestic Relations
Order, this Court expressly reserves the right pursuant to Section 9.101 et seq. of the Texas Family
Code to make orders necessary to clarify, amend, and enforce this order, and IT IS SO ORDERED.

DOMESTIC RELATIONS ORDER~ MILITAR.Y RETIREMENT Page5
 _,

SIGNED on May 24,2011.

APPROVED AS TO FORM ONLY:
The Law Offices of
DONAHO & DOCKERY P.C.
P.O.Box459
Floresville, TX 78114
Tel: (830) 393-2700
Fax: (83~) 393-30 9

·zy(/r;
By:__ ~~~~~~~~~~~--------­
Kirk'Dockery
State Bar No. 05929220
Attorney for Petitioner

LAUBACH LAW OFFICE
1005 S. Alamo
20770 Highway 281
Suite I 08/Box 248
San Antonio, Texas 78258
Tel:. (210) 222-1225

::::~
~ State BarNo. 24031271
Attorney for Respondent

<:.__:r-mcie Marie Parson, P-etitioner

10201-#IO

DOMESTIC BELATIONS ORDER~ M1LITARY RETIREMENT Page6
 NO.lQ-10-0579-CVW
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
§
TRACIE MARIE PARSON §
AND § 81ST JUDICIAL DISTRICT
PAUL MICHAEL PARSON §
§
AND IN THE INTEREST OF §
FALIN GALE PARSON AND ROGAN §
DOW PARSON, CHILDREN § WILSON COUNTY, TEXAS

DOMESTIC RELATIONS ORDER
[Military Retirement]
The Court, having entered a decree of divorce coincident with the signing of this domestic
relations order, finding that the entry of a domestic relations order (DRO) is necessary to effectuate
the terms ofthat decree of divorce, and further finding that the entry of a DRO is appropriate, makes
the following findings and conclusions of law and enters them as an order in this proceeding.
Findings
The Court finds, in accordance with the Uniformed Services Fonner Spouses' Protection Act,
10 U.S.C. Section 1408, as follows:
1. This Court has jurisdiction over PAUL MICHAEL PARSON. The residence of
Servicemember is in Universal City, Bexar County, Texas, other than because of military
assignment.
2. Servicemember, and TRACIE MARIE PARSON, ("Fonner Spouse"), were originally
married on June 5, 2004, and that marriage lasted for 6 years and 8 months or more, during which
time Servicemember served 6 years and 8 months or more of creditable service toward retirement.
3. Servicemember's Social Security number is XXX-XX-XXXX, his address is 1950 Universal
City Boulevard, Apt. #1102, Universal City, Texas 78148, and his birth date is July 30, 1972.
4. Fonner Spouse's Social Security number is XXX-XX-XXXX, her address is P.O. Box 1365,
Poth, Texas, 78147, and her birth date is October 3, 1974.
5. The'rights of Servicemember under the Servicemembers Civil Relief Act were fully
complied with in this case.
6. Servicemember is not retired from the United States Navy at the time of this order.
7. The award of disposable retired pay made to Fonner Spouse in this order is made in
compliance with the Uniformed Services Fonner Spouses' Protection Act.
8. It is intended by this Court and the parties that the Defense Finance and Accounting
Service (DFAS) designee make the payments due to Former Spouse ofher interest in the disposable
retired pay awarded in this order directly to Former Spouse.

ILJ-8/5Jl~§§1IONSORDER-M!L!TARYRETJREMENT
Terms and Definitions
With respect to the provisions of this DRO, the Court has used and applied the following
terms and definitions:
1. "Retired pay" means monetary pay to which Servicemember is, or may hereafter be,
entitled to receive on completion ofthe requisite number of years of creditable service to be entitled
to nondisability retired pay as a result of service in the United States Armed Forces (active duty,
reserve component, or national guard), whether called retired pay, retainer pay, or retirement pay.
2. "Disposable retired pay" has the meaning provided in the Uniformed Services Fonner
Spouses' Protection Act (10 U.S.C. § 1408 et seq.).
3. ''USFSPA" means the Uniformed Services Former Spouses' Protection Act (1 0 U.S.C. §
1408 et seq.) in effect on the date of the parties' divorce.
4. "Defense Finance and Accounting Service" (DFAS) means, refers to, and includes the
Secretary ofthe Department of Defense, the Director ofthe DFAS, the designated agent of either of
these, and other appropriate subdivisions of the United State Government.
5. "COLA" means the cost-of-living adjustment increases that are made annually to a
military retiree's retired pay pursuant to 10 U.S.C.§ 1401a.
Award to Former Spouse
IT IS THEREFORE ORDERED thatFormerSpousehave judgment against and recover from
Servicemember, on Servicemember's retirement from the United States Navy, the amount of
disposable retired pay calculated as follows 50.0 percent multiplied by 16.66 percent multiplied by
35.0 percent multiplied by the high-36 month base pay of the Servicemember, which is $3,322.16,
with Servicemember's pay grade, which is E-6, and longevity on the date of divorce, which is 18
years 3 months, determined on the date ofServicemember's retirement divided by Servicemember's
monthly gross retired pay at retirement multiplied by Servicemember's monthly disposable retired
pay at retirement.
IT IS FURTilER ORDERED that DFAS, to the extent allowed by law, pay Fonner Spouse
each month the calculated percentage of Servicemember's disposable retired pay at retirement,
together with all COLAs applicable thereto, payable, IF, AS, and WHEN received by
Servicemember.
IT IS FURTilER ORDERED that the rest, residue, and remainder ofthe military retired pay
of Servicemember is the sole and separate property of Servicemember.
Amounts in Excess of50 Percent
IT IS ORDERED that ifthe dollar amount or award (or a larger sum as increases take effect)
exceeds 50 percent of the disposable retired pay, DFAS shall pay to Fonner Spouse the maximum
amount allowable under the USFSPA and Servicemember shall be responsible for paying the balance
of the award each month to Former Spouse, and it is accordingly ORDERED.
IfDFAS is not allowed to pay Fonner Spouse the full amount ofFormer Spouse's entitlement

p~b
DOMESTIC RELATIONS ORDER- MlLITARY RETIREMENT
 pursuant to this order form any reason, Servicemember is hereby ORDERED, within seven days of
being notified by Former Spouse that Former Spouse is not receiving the full amount of Former
Spouse's interest in the retired pay, to execute and deliver to DFAS all forms or documents that may
then be necessary to effect an allotment payable to Former Spouse in the amount of the difference
between the amount being paid directly to Former Spouse by DFAS and the full amount of Former
Spouse's interest in the retired pay. Servicemember is FURTHER ORDERED to keep and maintain
in full force and effect any allotment required by this provision, payable to Former Spouse at P.O.
Box 1365, Poth, Texas, 78147, or such other address as Former Spouse may hereafter specifY in
writing, until such time as Former Spouse begins receiving Former Spouse's full separate-property
share of Servicemember's disposable retired pay as awarded herein directly from DFAS. That
allotment may be canceled by Servicemember if and when Former Spouse begins receiving, and for
as long as Former Spouse is receiving, Former Spouses' full separate-property share of
Servicemember's disposable retired pay directly from DFAS, but only in that event or to avoid
double payment of sums.
Since Former Spouse has been awarded the right to receive that share attributable to the
interest awarded to Former Spouse herein of any and all COLAs or other increases in the monthly
disposable retired pay hereinafter paid and if Former Spouse is not receiving from DFAS his full
share of the retired pay herein awarded to Former Spouse, if and when COLAs are made to the
retired pay received by Servicemember, Servicemember is hereby ORDERED to execute and deliver
to DFAS all forms or documents that may then be necessary to effect an increase in the allotment
to Former Spouse in the amount equal to the dollars-and-cents equivalent ofthat COLA attributable
to Former Spouse's share of that disposable retired pay. Servicemember is hereby ORDERED to
increase the allotment then in effect or, if applicable, initiate an allotment pursuant to the foregoing
paragraph, within seven working days of the date Servicemember is notified by DFAS of the
effective date of each COLA to the monthly retired pay payment
Constructive Trust
IT IS FURTHER ORDERED that Servicemember be and is hereby designated a constructive
trustee for the benefit of Former Spouse for the purpose ofreceiving the retired pay awarded herein
to Former Spouse as Former Spouse's sole and separate property, and Servicemember be and is
hereby ORDERED, on receipt thereof, to deliver by first-class mail to Former Spouse at her last
known address by negotiable instrument that portion of each monthly retired pay payments awarded
to Former Spouse herein not paid directly (or by allotment) by DFAS within three days ofthe receipt
of any such payments by Servicemember. All payments made directly to Former Spouse by DFAS
shall be a credit against this obligation.
For purposes of this order, Servicemember is specifically directed, on penalty of contempt,
to pay Former Spouse's interest in the disposable retired pay as ordered in this order, AND IT IS SO
ORDERED. Servicemember is specifically directed that he is not relieved ofthat obligation except
DOMESTIC RELATIONS ORDER- MILITARY RETIREMENT
 to the extent that he is specifically notified that 100 percent of Former Spouse's interest in the
retirement benefit has been directly paid by DFAS, and IT IS SO ORDERED.
IT IS FURTHER ORDERED that any election of benefits that may hereafter be made by
Servicemember shall not reduce the amount equal to the percentage ofthe retired pay or the amount
ofthe retired pay the Court has herein awarded to Former Spouse, except as provided by federal law
and prohibited from being changed by a state court order. In this regard, IT IS FUR'IHER
ORDERED that Servicemember shall not merge his military retired pay with any other pension and
shall not pursue any course of action that would defeat, reduce, or limit Former Spouse's right to
receive Former Spouse's full separate-property share ofServicemember's retired pay as awarded in
this order, unless otherwise ordered herein.
Death
IT IS ORDERED that the payment ofthe retired pay awarded in this order to Former Spouse
shall continue until the death of Servicemember or Former Spouse.
Retiree Account Statements and Privacy Waiver
IT IS FURTHER ORDERED that Servicemember shall deliver by first class mail to Former
Spouse at P .0. Box 1365, Poth, Texas, 78147, or such other address as Former Spouse may hereafter
specify in writing, a true and correct legible copy of each Retiree Account Statement received by
Servicemember from DFAS within five day of its receipt.
IT IS ORDERED that Servicemember hereby waives any privacy or other rights as may be
required for Former Spouse to obtain information relating to Servicemember's date of retirement,
last unit assignment, full pay grade, past or present monthly annuity payments, or other information
that may be required to enforce this award or to revise this order to make it enforceable.
Retirement
IT IS ORDERED that Servicemember shall notify Former Spouse of his application for
retired pay, and provide Former Spouse with a true copy ofhis Application for Retired Pay Benefits,
on the date he applies for those benefits. This notification shall be mailed by Servicemember to
Former Spouse at her last known address. Servicemember is FURTHER ORDERED to provide to
Former Spouse a true and correct copy ofthe first Retiree Account Statement received by him within
five days of its receipt.
Application for Direct Pay ofRetired Pay
Fonner Spouse is hereby directed to apply for Former Spouse's entitlement to a portion of
Servicemember's retired pay by contacting the DFAS Legal Department, completing the Application
for Fonner Spouse Payments from Retired Pay (DD Form 2293), and delivering it along with a
certified copy of this DRO (certified. within ninety days of its delivery to DFAS) and a photocopy
of the parties' marriage certificate to: DFAS-HGA-CL, Assistant General Counsel for
Garnishment Operations, P.O. Box998002, Oeveland, Ohio 44199-8002 by certified mail, return
receipt requested.

p~2
DOMESTIC RELATIONS ORDER- MILITARY RETIREMENT
 Taxes
IT IS FURTHER ORDERED that Former Spouse shall include in her gross income for her
taxable years of receipt all retired pay received by Former Spouse pursuant to this order, and, to the
extent benefits are payable to Former Spouse by DFAS, Servicemember shall not include such
benefits in Servicemember's gross income for such taxable years.
Survivor Benefit Plan
The Court further finds that Former Spouse and the parties' children should be designated as
former spouse and child beneficiaries of Servicemember's Armed Forces Survivor Benefit Plan
(which is deemed to include the Reserve Component Survivor Benefit Plan, if applicable) and that
Servicemember is ordered to designate Former Spouse and the parties' children as former spouse and
child beneficiaries of the Survivor Benefit Plan and that the designation of Former Spouse and the
children as former spouse and child beneficiaries should not hereafter be modified, amended,
withdrawn, reduced, or altered by Servicememberduringthe children's eligibility or Former Spouse's
lifetime, and IT IS SO ORDERED.
IT IS THEREFORE ORDERED that Servicemember shall elect to designate Former Spouse
as a former spouse beneficiary of Servicemember's Survivor Benefit Plan. IT IS FURTHER
ORDERED that, pursuant to this order, Former Spouse be and is hereby deemed designated, to the
extent permitted by law, a former spouse beneficiary of Servicemember's Survivor Benefit Plan to
receive the percentage equal to the percentage of Servicemember's disposable retired pay awarded
Former Spouse in this order.
To the extent that Servicemember fails or otherwise refuses to cooperate in filing the
documents required to elect to designate Former Spouse as a former spouse beneficiary of
Servicemember's Survivor Benefit Plan, Former Spouse is directed to apply for Former Spouse's
entitlement to be deemed a former spouse beneficiary of Servicemember's Armed Forces Survivor
Benefit Plan by notifying the DFAS Legal Department of this Court's deemed election pursuant to
10 U.S.C. Section 1447 et seq., completing aDD Form 2656-10 to effect the deemed election, and
sending it, along with a certified copy of this order, to U.S. Military Annuitant Pay, P.O. Box
7131, London, KY 40742-7131 by certified mail, return receipt requested. Former Spouse'sfailure
to register her deemed election within one year of the date this DRO is signed may, if not will,
forever bar such an election for Former Spouse.
IT IS ORDERED that Servicemember shall not during Former Spouse's lifetime modifY,
amend, withdraw, or in any other manner alter the election to name Former Spouse as a former
spouse beneficiary of Servicemember's Armed Forces Survivor Benefit Plan.
Continued Jurisdiction and Clarification
Without affecting the finality of the Final Decree of Divorce or this Domestic Relations
Order, this Court expressly reserves the right pursuant to Section 9.101 et seq. of the Texas Family
Code to make orders necessazyto clarify, amend, and enforce this order, and IT IS SO ORDERED.

p~3
DOMESTIC RELATIONS ORDER- MJLITARY RETIREMENT
 SIGNED on May 24,2011.

APPROVED AS TO FORM ONLY:

The Law Offices of
DONAHO & DOCKERY P.C.
P.O. Box459
Floresville, TX 78114
Tel: (830) 393-2700
Fax: (830) 393-3029

By: foe
Kirk Dockery
State Bar No. 05929220
Attorney for Petitioner

LAUBACH LAW OFFICE
1005 S. Alamo
20770 Highway 281
Suite I 08/Box 248
San Antonio, Texas 78258
Tel: (210) 222-1225

::=:~
~ State Bar No. 24031271
Attorney for Respondent

----~SENTED TO AS TO BOTH FORM AND SUBSTANCE:

10201-#10

DOMESTIC RELATIONS ORDER- MILITARY RETIREMENT
pt14
APPENDI 4
;,

NO. 10-10-0579-CVW

IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
§
TRACIE MARIE PARSON §
AND § SIST JUDICIAL DISTRICT
PAUL J\'liCHAEL PARSON §
§
AND IN THE INTEREST OF §
F.G.P. AND R.D.P., CHILDREN § \VILSON COUNTY, TEXAS

PETITION TO CORRECT OR AMEND
DOMESTIC RELATIONS ORDER FOR MILITARY RETIREMENT

This Petition to Correct or Amend Domestic Relations Order for Military Retirement is

brought by TRACIE MARIE SHEFFLER, fonnerly Tracie Marie Parson, Petitioner, who tiles

this petition pursuant to §9.101 et seq., Texas Family Code, and who shows in support:

I. Petitioner, TRACIE MARIE SHEFFLER, formerly Tracie Marie Parson, was the

Petitioner in the original suit tor divorce.

2. . Respondent, PAUL MICHAEL PARSON, was the Respondent in the original suit

for divorce.

3. No personal service is necessary at this time. This petition is tiled in the torm of a

counter-petition at a time when the Court has plenary power over the parties due to a petition to

modify in suit affecting parent-child relationship tiled by PAUL MICHAEL PARSON and a

counter-petition to modify in suit affecting parent-child relationship filed by TRACIE MARIE

SHEFFLER. Respondent, PAUL MICHAEL PARSON, will be served with this motion in

accordance with Rule 2la, T.R.C.P., on his attorney of record.

4. On May 24, 2011, this Court entered a "CoiTectcd Final Decree of Divorce"

PETITION TO CORRECT OR AMEND n y, exas
DO:VlESTIC RELATIONS ORDER FOR MILITARY RETIREMENT
''1~85----
 5. Also on May 24, 2011, this Court entered a ''Domestic Relations Order- Military

Retirement" awarding Petitioner a portion of Respondent's military retirement.

6. Both the Corrected Final Decree of Divorce and the Domestic Relations Order -

Military Retirement are based on a Rule l 1 Agreement si~;,rncd by both parties and their attorney

of record, dated February 3, 20 ll, a copy of which is attached hereto, and which provides in

relevant part:

"5. Wife awarded:

h. Y2 community interest in military retirement.

6. Husband awarded:

c. Y2 community interest in military retirement + all H's SP
interest."
A true and correct copy of the Rule 11 Agreement is attached hereto, the original of which is in

the possession of the Clerk of this Court.

7. At the time of the divorce, Respondent was stili active duty in the U.S. Navy and

therefore certain aspects of his retirement could not be known at that time, specitlcally, the total

number of years and months that he would serve piior to retirement, the amount of his gross

monthly retired pay, and the amount of his disposable monthly retired pay.

8. The tonnula used in the Domestic Relations Order, which was provided by

Respondent's attomey of record, is as tbllows:

"IT IS THEREFORE ORDERED that Forn1cr Spouse have judgment against and recover
from Serviccmember, on Servicemember's retirement from the United States Navy, the
amount of disposable retired pay calculated as follows 50.0 percent multiplied by 16.66
percent multiplied by 35.0 percent multiplied by the high-36 month base pay of the

PETITIO!\! TO CORRECTOR AMEND
DOMESTIC RELATIONS ORDER FOR