This guide is intended to help you use the uncontested divorce forms provided by www.TexasLawHelp.org
Do not use these forms or this guide if:

The Uncontested Divorce Process in Texas

 Your divorce is contested*  The wife is pregnant.  You have a bankruptcy pending. (If you have a pending bankruptcy, talk with a bankruptcy lawyer before filing for divorce.)

 Neither you nor your spouse has lived in Texas in the last 6 months.

Is your divorce contested? -OrIs your divorce uncontested?
*Your case is contested when you and your spouse don’t agree about getting the divorce, dividing your property and debts, or what to do with your children. DO NOT USE THESE FORMS or this brochure for a contested divorce. Your case is uncontested when:  It is ‘agreed’ – You and your spouse agree about all of the issues in your case. or  It is ‘default’ – Your spouse does not file an answer with the Court after being officially served with your divorce paperwork.

Table of Contents Basic Information, page 2 Know the Steps, page 3 Legal Notice Chart, page 6 Are you Ready for Court? page 7 Common Questions, page 8

REMEMBER: It is always best to have the advice of a lawyer. The court clerks, librarians, and judges want to help you, but they cannot give you legal advice, help you fill out your forms, or tell you what to do. If you proceed without a lawyer, you will be responsible for protecting yourself.

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Basic Information
What is a divorce?
A divorce ends your marriage. A divorce decree says who keeps what property and who pays what debts.

Important Note: The www.TexasLawHelp.org forms are forms used in a basic, uncontested divorce. You will need to hire a lawyer to draft forms for special issues like spousal support, transfer of land and houses, division of retirement and investment accounts, etc. You need an attorney for a contested divorce, especially if temporary support or restraining orders are needed. DO NOT use the www.TexasLawHelp.org forms for a contested divorce.

Where do I get divorced?
 You can get divorced in Texas if you or your spouse has lived in Texas for the last 6 months.  File your divorce in the county courthouse where you or your spouse has lived for the last 90 days.

Why do I need to wait until after the baby is born?
Most Texas courts will not finalize a divorce if the wife is pregnant, even if the baby is not the husband’s. Instead, the courts wait until after the baby is born so that orders regarding the baby can be included in the divorce decree.

Do I need a lawyer?
You do not have to have a lawyer to get a divorce, but it’s a good idea especially if: You and your spouse do not agree (the divorce is contested). • • Your spouse has a lawyer. • You are afraid for your safety or your children’s safety. • You are unsure how to divide property such as retirement and real estate correctly. Getting a divorce can be complicated. If you make a mistake, it could affect your children, your property, and your income. Try to speak to a lawyer about your legal rights before you file your Petition for Divorce. Some lawyers will unbundle their services. They will “coach” you to represent yourself and only charge for the services you request. Other lawyers are available only if you hire them to handle every step of the case. If you can’t afford to hire a lawyer, contact your local Legal Aid office.

What forms do I need?
There are several form packets to choose from on www.TexasLawHelp.org. Choose the Divorce without Children forms if you do not have minor children of the marriage or if you have child support and visitation orders already in place. Choose the Divorce with Children forms if children were born or adopted during the marriage and the children are younger than 18 or have not graduated from high school. Exception: If you already have final court orders for custody and support of the children, and you are not asking for a change to those orders in the divorce process, then use the Divorce without Children forms and attach a copy of the current custody and support orders (showing the judge’s signature) to the Decree. If you cannot afford the court filing fees, you should also file an Affidavit of Inability to Pay Costs. This form tells the court about your income and assets and asks the court to waive the filing fee. The Default Judgment Kit explains what you need to do to get a final judgment when your spouse will not respond to the divorce. This kit includes instructions and explanations about what you must do, a checklist for the forms you need, and the forms you can use. If you cannot find your spouse, review the Legal Notice, the Service by Posting, and the Service by Publication, kits on www.TexasLawHelp.org.

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Divorce in Texas – Know the Steps
Step 1. Fill out the Original Petition for Divorce.
This form tells the judge and your spouse that you want a divorce.

Step 2. Make 2 copies of your completed Original Petition for Divorce. Step 3. File your Original Petition for Divorce.
Take the original and 2 copies of your completed Original Petition for Divorce to the Courthouse. File your papers with the District Clerk’s Office.
NOTE: In most counties family law cases are heard in the district courts and all paperwork is filed in the District Clerk’s Office. In counties where family law cases are heard in county courts, you would file your paper work in the County Clerk’s Office.

The clerk will ask you to pay a fee (around $250 - $300) to file your Original Petition for Divorce. If you cannot afford the fee, you should also file an Affidavit of Inability to Pay Costs. This form tells the court about your income and assets and asks the court to waive the filing fee.

The clerk will stamp your papers with the date you file. She will also assign a cause number and a judicial district. The clerk will keep the original and give back your copies. Keep a copy for yourself in a safe place. You will need the other copy to give legal notice to your spouse.

Step 4. Give Your Spouse “Legal Notice.”
You must notify your spouse that you are asking the court for a divorce and you must prove to the court that you did so. This is called giving “legal notice.” There are 4 ways to give legal notice:
1) Waiver of Citation. You may give legal notice by giving your spouse a file-stamped copy of your Original Petition for Divorce and a Waiver of Citation that he or she signs in front of a notary and files with the Court. If you choose this method, do not give your spouse the Waiver of Citation until after you file your Original Petition for Divorce.* 3) Official Service in Person or by Mail. You can have an official process server give notice to your spouse either in person or by certified mail. If you are having your spouse served in jail, do not use Official Service by Mail. Instead, send your divorce paperwork to an official server in that county so that your spouse can be personally served.

*The Waiver of Citation in this packet is a global waiver. By signing a global waiver, your spouse gives up the right to be given a copy of the After your spouse is served the official server divorce Petition by Official Service and fills out a Return of Service form stating the right to know what orders you will when and where your spouse was ask the judge to make regarding served. This is proof to the court your children and property. If Read the Legal that you notified your spouse of your spouse signs the Waiver of Notice chart on the divorce. Citation provided in this packet page 6 to select s/he does not have to sign the The Return of Service form must the method of Decree of Divorce or go to be filed with the clerk’s office. court. notice you plan to use. 4) Official Service by 2) Answer. If your spouse agrees Publication or Posting. Either to the divorce and wants to know Publication or Posting is used when a what orders you will request, or when spouse can’t be found. You will have to hearings are scheduled, then s/he should sign prove to the judge that you tried hard to find and file an Answer instead of a Waiver. If your your spouse. You may have to pay your spouse files an Answer, s/he must also agree to spouse’s attorney’s fees. There is more and sign the Decree of Divorce to finish your information about this type of service at divorce without a contested hearing. You do not www.TexasLawHelp.org. need to have your spouse officially served.
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Step 5. Wait.
61 Day Waiting Period – (Applies in Most cases) In most cases, you must wait at least 61 days from the day you filed your Original Petition for Divorce before you can finish your divorce. You can always wait longer than 61 days, but your divorce cannot be finished in less than 61 days. When counting the 61 days, count the day you filed your Original Petition for Divorce on a calendar, and then count out 61 more days. The 61 Day Waiting Period can be waived in cases of domestic violence if: You have an active Protective Order against your spouse who committed family violence during your marriage, or your spouse has received deferred adjudication or a final conviction for committing family violence against you or a member of your household. Other Waiting Periods 21 Day Answer Period – (Applies in Official Service cases only) If your spouse was served with legal notice by an official process server, you must wait at least 21 days after your spouse was served, to see if your spouse will file an answer. This 21-day period may or may not fall within the 61 day waiting period. When counting the 21 days, count the day your spouse was served on a calendar, and then count out 21 more days. Go to the next Monday on the calendar. This is the last official day of your spouse’s answer period. However, your spouse can file an answer any time before you finish your divorce. 7 Day Waiting Period – (Applies in Posting cases only) If you spouse was served by Posting add an additional 7 days to the 21 day answer period. Go to the next Monday on the calendar. This is the last official day of your spouse’s answer period. However, your spouse can file an answer any time before you finish your divorce. 10 Day Waiting Period – (Applies in Official Service cases only) If your spouse was served with legal notice by an official process server, the official process server fills out a return of service form stating when and where your spouse was served. The return of service must be on file with the District Clerk’s office for 10 days. When counting the 10 days, do not count the day your spouse was served or the day you go to court. There must be 10 days in between.

Step 6. Determine if your case is contested or uncontested.
How did your spouse respond to the court when you gave him or her legal notice?

 You case is contested if your spouse files an answer and does not agree to the terms of the divorce.

 Your uncontested case is ‘agreed’ if you and your What about mediation?
If you and your spouse do not agree on all issues you should consider mediation. In mediation, an independent person will try to help you reach an agreement. The divorce process is usually easier when you have an agreement. Talk to a lawyer first so that you understand your legal rights. Mediation is not a good idea if you are afraid of your spouse.

spouse agree on what to put in your Decree of Divorce, your spouse has signed a waiver or answer, and your spouse is willing to sign your Decree of Divorce.

 Your uncontested case is ‘default’ if your spouse did not file an answer after being officially served by the Official Service Process method. After the waiting periods have passed, call the Clerk’s Office to find out if your spouse filed an answer. If your spouse did not file an answer you can finish your divorce without your spouse. Download the “Default Judgment Kit” from www.TexasLawHelp.org. This kit includes the extra paperwork you will need to finish your divorce by default.

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Step 7. Find out when the Court hears uncontested divorce cases.
Call the District Clerk’s Office to find out when the Court in your county hears uncontested divorce cases. Some courts in big counties have an “uncontested docket” where they hear uncontested divorce cases every day. Other courts, especially those in smaller counties, only hear uncontested divorce cases on certain days.

Steps in a divorce if your case is Uncontested
1 Fill out the Original Petition for
Divorce.



2 Make 2 copies of your completed  3 File your Original Petition for  4 Give Your Spouse “Legal Notice.”  5 Wait the required waiting periods.  6 Determine if your case is uncontested or contested case before proceeding. Divorce. Original Petition for Divorce.

Step 8. Write your Decree of Divorce.
Fill out your Decree of Divorce. This is the paper the judge signs, granting your divorce. The Decree of Divorce also says who keeps what property and who pays what debts. If you and your spouse have children, the decree of divorce says who makes decisions about your children, when the children see each parent and which parent pays child support and provides health insurance for the children. The decree of divorce may include other orders such as who pays spousal support and how much. It’s best to have a lawyer review your Decree of Divorce before your present it to the Court. You may also need to hire a lawyer to write additional documents if you are dividing retirement benefits or a 401(k) account or transferring ownership of a house or land.



7 Learn when & where the court  8 Write your Decree of Divorce.  9 Go to court and get the needed  10 Finish signatures. your Uncontested divorce by filing the signed decree in the Clerk’s Office. hears uncontested divorces.

Step 9. Go to court.

Bring all of your paperwork to the courthouse on the day the court in your county hears uncontested divorce cases. Read “Are you ready for court?” on page 7. If your case is agreed bring: 1) a copy of your Original Petition of Divorce; and 2) the Waiver of Citation or Answer signed by your spouse; and 3) “Information on Suit Affecting the Family Relationship” form; and 4) your Decree of Divorce, (if your spouse filed an answer, make sure s/he signed the Decree of Divorce). If your case is default bring: 1) a copy of your Original Petition of Divorce; and 2) your Decree of Divorce; and 3) Military Servicemember’s Affidavit and Certificate of Last Known Address, (these forms are part of the Default Judgment Kit at www.TexasLawHelp.org); and 4) “Information on Suit Affecting the Family Relationship” form

Step 10. Finish your divorce by filing your decree in the District Clerk’s Office.
Take your paperwork back to the Clerk’s Office after it is signed by the Judge. Your divorce is not final until the paperwork is filed. File the “Information on Suit Affecting the Family Relationship” form. NOTE: In some counties, the court, not you, files the signed Decree in the Clerk’s Office. The clerk will keep the original documents and make copies for you for a fee. You might consider asking the clerk for a certified copy of your Decree of Divorce. If you have child support orders, ask the clerk what you need to do to set up your child support account and wage withholding. There will be a fee.
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Giving Legal Notice in Agreed and Default Divorces: Proving to the Court You Notified your Spouse of the Divorce

WAIVER

If you can locate your spouse AND . . .

You want to give the divorce papers to your spouse yourself AND . . .

Your spouse agrees to all parts of the divorce and does not want to be notified of hearings or sign the decree, THEN USE  Your spouse wants to sign the decree, to know what orders you will ask for, or wants to know when hearings are scheduled, THEN USE  You want a constable, sheriff’s officer or other official process server to deliver the paperwork or your spouse is in jail, THEN USE  You have a good mailing address for your spouse and you can be sure your spouse will be the person who signs the green certified mail card and your spouse is not in jail, THEN USE 

The Waiver of Citation is a form signed by the responding spouse and filed with the court to show that he or she has received a notice and waives the right to know what orders for child support & property you will ask the judge to make.

Waiver of Citation method
The Answer is a form filed by the respondent instead of the Waiver of Citation when the respondent wants to retain certain rights.

Spouse files Answer method *
The official server needs to personally give your spouse the paperwork, unless s/he voluntarily files an Answer.*

You want someone else to give your spouse the divorce papers or you believe your spouse would not respond using the Waiver or Answer methods AND . . .

Official Service by Official Server method

The server will mail the paperwork by certified mail, return receipt requested.

Official Service by Mail method
A server will post notice of your divorce

If you don’t know where your spouse lives, works, or can be found AND . . .

at the courthouse for

You don’t have children or valuable property THEN USE 

7 days.

Official Service by Posting method
If you serve by publication, your spouse has the right to an attorney and you would have to pay for the attorney’s fees.

You have children or valuable property THEN USE 

Official Service By Publication method
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Are you ready for court?
Be prepared:
   Get to the courthouse early to find parking and your courtroom. When the courtroom opens, go in and tell the clerk you are present. The clerk usually sits next to the judge’s bench. Most courtrooms do not allow children.
SAMPLE TESTIMONY FOR DIVORCE WITHOUT CHILDREN My name is ___________________. I filed this suit for divorce from my spouse ________________. (State your spouse’s name.) At the time I filed this divorce, I had lived in Texas for at least the last six (6) months, and in ________ County for at least ninety (90) days. My marriage to ______________________(State your spouse’s name)__________________ has become unworkable because of differences and misunderstandings between us. There is no reasonable chance that we will get back together. There are no children born to or adopted of this marriage, who are under 18 years old and we are not currently expecting any other children. I am requesting that the community property and debts be divided as set forth in the Decree of Divorce. I believe this division is fair. (OPTIONAL) I am (or My spouse is) requesting a name change to the name that was used before we were married: _________(State the name used before marriage) I would respectfully request the Court to grant my divorce.
SAMPLE TESTIMONY FOR DIVORCE WITH CHILDREN

When you are in court:
 Dress neatly. Do not wear shorts, tank  tops, or hats. Do not chew gum, or bring food or drink into the courtroom.  Turn off your cell phone.  Stand up when the judge enters the courtroom.  Be calm and polite to everyone. Avoid gestures and facial expressions.  Do not talk to the judge or your spouse, unless it is your turn to speak.  The judge may not call your case right away. Wait patiently. If you have to leave the courtroom, tell the clerk where you are going.  If friends or relatives come to court with you, ask them to follow these rules, too.

About testimony  In some counties, the judge will ask you questions.
In other counties, you will be expected to have testimony prepared.

My name is ___________________. I filed this suit for divorce from my spouse _____________________. (State your spouse’s name.) At the time I filed for divorce, I had lived in Texas for at least the last six (6) months, and in _______ County for at least ninety (90) days. I am seeking a divorce because of differences and misunderstandings between us. There is no reasonable expectation that we will get back together. I am requesting that the community property and our debts be divided as set forth in the Decree of Divorce. I believe this division is fair to both of us, and to our children. We have ___ child(ren) of this marriage, who are under 18 years old. (State the number of children you have with your spouse who are under 18 years old) We are not expecting any other children of the marriage. I am requesting that conservatorship and child support be ordered as set forth in the Decree of Divorce. I believe that these orders would be in the best interest of our child(ren). (OPTIONAL) I am (or My spouse is) requesting a name change to the name used before we were married: ______State the name used before marriage) I would respectfully request the court to grant my divorce.

The judge will call your case.
 You will raise your right hand and swear to tell the truth.  The judge will ask you questions. Wait until the judge finishes speaking before you start to speak.  If you do not understand a question, say, “I don’t understand.” If you do not know an answer, say, “I don’t know.”  Tell the truth and don’t exaggerate. Give complete answers.  Speak slowly and loud enough so everyone in court can hear you.  Call the judge “Your Honor.”  Say “Yes” or “No” out loud. It’s not enough to nod or shake your head.  The judge will listen to what you say and review your papers. If everything is in order, the judge will sign your Final Decree of Divorce.
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Common Questions
Is it difficult to handle a contested case without a lawyer?
Yes. The court rules are very hard to understand if you are not a lawyer. If you make a mistake, the judge may not be able to see your side of the case. A mistake can affect your children, your property, and your income. If at all possible you should hire a lawyer. If you cannot afford a lawyer, contact your local Legal Aid Office.

Terms to Know
Petitioner: The spouse who asks the court for a divorce by filing a Petition. Even if both spouses want the divorce, only one spouse can be the petitioner. ---------------Respondent is the other spouse. ---------------Contested: A divorce is contested when the spouses don’t agree about getting the divorce, dividing property and debts, or what to do about child support and custody. ---------------Uncontested: Either the divorce is agreed (both parties agree on all the issues) or default (the respondent does not file an Answer). ---------------Uncontested Docket is the court that hears divorce cases when the case is either an agreed (uncontested) or a default divorce. ---------------Petition: This is the form the petitioner files to ask the court for a divorce. ---------------Decree: This is the form that the judge signs to grant the divorce. A divorce decree says who keeps what property and who pays what debts. In a divorce involving children, a divorce decree says which parent pays child support and provides health insurance. The decree also says when the child can visit a parent and which parent makes certain decisions about the child. A divorce decree can include other orders, such as spousal support. ---------------File: Giving legal papers to the courthouse clerk. There is usually a fee to file a petition, have a citation issued, or to have copies made. ---------------Official Process Server: A constable, sheriff, or private process server who delivers court papers and files notice that the delivery was made in the Clerk’s Office. There is a fee for Official Process Service. If your spouse lives or is jailed in another county, learn who provides Official process Service in your spouse’s county by asking the Clerk’s Office of that county. Contact information for Texas clerk’s offices can be found at http://www.txlaw.org/clerks.html.

Where can I read the laws about divorce?
You can read the Texas Family Code at http://tlo2.tlc.state.tx.us/statutes/fa.toc.htm. You can the Texas Rules of Civil (court) Procedure at www.supreme.courts.state.tx.us/rules/trcphome.asp.

How long will it take to get divorced?
It will take at least 61 days after the day you file your Original Petition for Divorce.

When can I get married again?
You must wait at least 30 days after the judge signs your Decree of Divorce. Exception: There is no waiting period if you want to remarry the spouse you just divorced. If you want to marry some one else, you can ask the judge who signed your Decree of Divorce for permission to marry sooner than 30 days. This is called a Waiver of the 30 Day Prohibition Against Remarriage.

Can I get divorced if I do not know where my spouse is?
Yes. But first, you must prove to the court that you have tried hard to find your spouse. Read about service by posting and publication at www.TexasLawHelp.org.

What if I started my divorce in a different county?
You can finish your divorce in the county where you originally filed if you or your spouse had lived in that county for at least 90 days and Texas for at least 6 months at the time you filed your Petition for Divorce. If you want to have the case heard in the county where you are now living, talk to a lawyer.

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If my spouse and I do not own any property together, do we still have to fill out the property and debt sections on the Decree of Divorce form?
Yes. Anything you or your spouse purchased during your marriage, even if it was purchased after you separated, is community property. Any debts you or your spouse incurred during your marriage, even if they were incurred after you separated, are community debts. Answer each section carefully so you will be able to keep any property that belongs to you.

If my spouse filed an Answer, but later agrees to sign the Decree of Divorce, can I still go to an Uncontested Docket?
Yes, if your spouse has signed the Decree of Divorce.

How much will child support be?
In most cases, the court uses a special formula to calculate child support. This is called Guideline support. Usually, the supporting parent pays the following amounts to the parent with whom the children live most of the time. number of Percent of Supporting Children* Parent’s Income After Taxes For help calculating child 1 child = 20% support you can use the child 2 children = 25% support calculator at 3 children = 30% www.TexasLawHelp.org. 4 children = 35% 5 children = 40%

 *Important Note:
The formula is different if the supporting parent also has children with someone else. Use the child support calculator at www.TexasLawHelp.org or talk to a lawyer. The Court can order a child support amount different from guideline support if the Court determines that amount to be in the best interest of the child.

Where do I send my child support payments?
The State Disbursement Unit, P.O. Box 659791, San Antonio, Texas, 78265-9791.

Can child support be paid directly to the other parent?
No. Unless the court orders otherwise, all child support payments must be sent to the State Disbursement Unit, P.O. Box 659791, San Antonio, Texas, 78265-9791.

What if I already have court orders regarding my children?
If there is a final court order for the custody and support of your children and you are not asking to change that order, you can file your divorce using the Divorce No Children forms at www.TexasLawHelp.org. When you fill out your Original Petition for Divorce include information about your children and your current custody and support order. You must attach a copy of your current custody and support order to your Decree of Divorce. If there is a final order for the custody and support of your children and you do want to change those orders talk to a lawyer

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The Uncontested Divorce Process in Texas With Children under 18 years old.

There should be 11 forms In this packet:

Petition
1. Original Petition for Divorce (8 Pages). 2. Exhibit: Out of State Party Affidavit (3 pages).

Respondent’s Forms
3. Waiver of Service (2 Pages). 4. Answer (2 Pages).

Final Decree
5. Final Decree of Divorce (8 Pages).

Parenting Plan Exhibits
6. Exhibit Conservatorship (Custody), Rights and Duties Order (3 Pages). 7. Exhibit Possession and Access (Visitation) Order (6 Pages). 8. Exhibit Child Support Order (3 Pages). 9. Exhibit Medical Support Order (3 Pages). 10. Exhibit Family Information (3 Pages). 11. Employer’s Order to Withhold Earnings for Child Support (3 Pages).

11/2/2011

Cause Number:
(The Clerk’s office will fill in the Cause Number and Court Number when you file this form.)

IN THE MATTER OF THE MARRIAGE OF
Petitioner:
Print first, middle and last name of the spouse filing for divorce.

In the ______________
(Court Number)

And
Respondent:
Print first, middle and last name of other spouse.

District Court

County Court of: County, Texas

AND IN THE INTEREST OF:

(List children of this marriage who are under 18):

1. ________________________ 2._______________________ 3. ______________________ 4. ________________________ 5._______________________ 6. ______________________

Original Petition for Divorce
Print your answers.

Parties
My name is: __________________________________________________________________________.
First Middle Last

I am the Petitioner. I am filing this Petition for Divorce. The last three numbers of my driver’s license number are: ___ ___ ___. My driver’s license was issued in (State) ________________________. I do not have a driver’s license number. or The last three numbers of my social security number are: ___ ___ ___. I do not have a social security number or My spouse’s name is: __________________________________________________________________.
First Middle Last

My spouse is the Respondent.

1. Discovery
The discovery level in this case, if needed, is Level 2.

2. Jurisdiction
County of Residence
(Check all boxes that apply.)

You cannot file this form until you or your spouse have lived in the county where you are asking for a divorce for the last 90 days, and in Texas for the last six months.

I have lived in this county for the last 90 days. My spouse has lived in this county for the last 90 days.

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State of Residence
(Check all boxes that apply.)

I have lived in Texas for the last six months. My spouse has lived in Texas for the last six months. Out-of-State Respondent
(Check all boxes that apply.)

My spouse does not live in Texas, and My spouse agrees that a Texas court can make orders dividing our property and orders for custody and support of our children. Texas is the last state where we lived together as a married couple. This petition is filed less than two years after we separated. The children live in Texas because of my spouse’s actions. My spouse has lived in Texas with the children. My spouse has lived in Texas and provided prenatal expenses or support for the children. My spouse had sexual intercourse in Texas, and the children may have been conceived by that act of intercourse. Our child was born in Texas and my spouse registered with the paternity registry maintained by the bureau of vital statistics or signed an acknowledgment of paternity. My spouse will be personally served with citation in Texas.
Note: If your spouse does NOT live in Texas, you must complete and attach the Exhibit: Out-of-State Party Affidavit.

Waiver of Waiting Period Based on Family Violence
(Check only if applicable.)

I ask the Court to waive the 60 day waiting period for divorce because: (Check one box.) My spouse has been convicted of or received deferred adjudication for a crime involving family violence against me or a member of my household. I have an active protective order or an active magistrate’s order for emergency protection against my spouse because of family violence during our marriage. The order includes a finding that my spouse committed family violence.

3. Marriage, Separation, and Grounds for Divorce
My spouse and I got married on or about: ____________________________.
Month Day Month Year Day Year

We stopped living together as spouses on or about: ____________________________. I ask the Court to grant me a divorce. The marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. (This means that you and your spouse do not get along and do not plan to get back together.)

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4. Children
A. Children you and your spouse have together –
List all adopted and biological children of this marriage who are under 18. If you have a disabled child, talk to an attorney to see if child support should continue after the child turns 18.

Child’s name

Date of Birth

County and State where child resides now

1. 2. 3. 4. 5. 6.

B. Adult Disabled Children
(Check one box.)

My spouse and I do not have any disabled children over 18. My spouse and I do have a disabled child over 18.

Note: If you have a disabled child, talk to a lawyer before filing this form. You or your spouse may be entitled to receive child support, even after the child becomes an adult.

C. Pregnancy
(Check one box.)

The wife in this marriage is not pregnant. The wife in this marriage is pregnant.
(If pregnant, also check one box below.)

The husband is the father of this child. The husband is not the father of this child. Important: If the wife is pregnant and the husband is not the biological father of the child, paternity of the child must be established before you can finish your divorce. See Texas Family Code Section 160.204. Paternity may be established by: ● filing, with the court, a case to Adjudicate Parentage, or ● filing, with the bureau of vital statistics, an Acknowledgement of Paternity signed by the genetic father and a Denial of Paternity signed by the husband. The Office of the Attorney General may be able to help establish paternity of the child. Get more information about establishing paternity at www.TexasLawHelp.org. If the wife is pregnant and the husband is the biological father of the child, you must wait until the child is born to finish your divorce.

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D. Court Orders involving children you and your spouse have together
(Check one box.)

There are no court orders in effect now for any of the children listed above.

There is a court order in effect now for at least one, but NOT ALL of the children listed above. Child(ren) included in order: ___________________________________________________________ County/State where order was made: ___________________________________________________ Date of order: ________________________ Cause #: ___________________________________ Name of order: _____________________________________________________________________ There is a court order in effect now for ALL of the children listed above. County/State where order was made: ___________________________________________________ Date of order: ______________________ Cause #: _____________________________________ Name of court order in effect now: ______________________________________________________ The court order in effect now is: temporary final. I ask the court to make the following changes to this order: (Note: The court cannot change an order made in a different county, unless the case is transferred to the county where you file for divorce.)

Note: Do not use this form if you have a final court order for custody and support of all the children and you are NOT asking the court to make any changes to the order. Use the Petition for Divorce – No Children form instead. If the court order in effect now: 1) does not include all your children, 2) is temporary, or 3) you are asking the court to make changes to the order, talk to a lawyer before you file this form.

_________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________

E. Custody, Visitation, and Child Support My spouse and I will try to make an agreement about custody, visitation, and support. If we cannot make an agreement, I ask the court to make decisions on these issues that are best for our children, including, if applicable, orders for current and retroactive child support and medical support.

F.

Children’s Health Insurance do do not have private health insurance in effect.
(Complete, if the children have private health insurance.)

The children

Private Health Insurance is in effect:

Name of insurance company: _____________________________________________________________ Policy number: ________________________________________________________________________ Cost of premium: $ _____________________________________________________________________ Name of person who pays for insurance: ____________________________________________________ The insurance policy is is not available through the parent’s work.

Private Health Insurance NOT in effect: (Complete, if the children do NOT have private health insurance.) The children do do not receive medical assistance through CHIPS or Medicaid.

Cost of premium (if any): ________________________________________________________________ Health insurance is is not available to the person who pays child support at a reasonable cost.

© TexasLawHelp.org - Petition for Divorce – With Children October, 2011 Texas Family Code, Titles I and V.

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G. Children’s property
(Check one box.)

The children do not own any property. The children own the following property: _______________________________________________

H.

Children born during the marriage, but husband is not the father The wife did not have children with another man while married to the husband. The wife did have children with another man while married to the husband. All of the children born during the marriage that are not the husband’s adopted or biological children are named below: Child’s name Age Date of Birth Sex

(Check one box and fill in the requested information, if applicable.)

1. 2. 3. 4. 5. 6.
If more than 6 children, list them on another sheet and write Attachment B at the top. Then attach it to this form.
(Check one box.)

Paternity of the children named above has not been established. I understand that paternity of the children must be established before I can finish my divorce. Paternity of the children named above has been established: (Check one box.) A court order has determined the father of each child named above. I understand I must attach a file-stamped copy of the order to my Final Decree of Divorce. An Acknowledgement of Paternity signed by the genetic father and a Denial of Paternity signed by the Husband has been filed with the bureau of vital statistics for each child named above. I understand I must attach a copy of these documents to my Final Decree of Divorce. Important: If the wife had children with another man while married to the husband, paternity of the children must be established before you can finish your divorce. See Texas Family Code Section 160.204. Paternity may be established by: ● filing, with the court, a case to Adjudicate Parentage, or ● filing, with the bureau of vital statistics, an Acknowledgement of Paternity signed by the genetic father and a Denial of Paternity signed by the husband. The Office of the Attorney General may be able to help establish paternity of the children. Get more information about establishing paternity at www.TexasLawHelp.org.

© TexasLawHelp.org - Petition for Divorce – With Children October, 2011 Texas Family Code, Titles I and V.

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5. Property
Community Property My spouse and I will try to make an agreement about how to divide our community property and debts. If we cannot agree, I ask the Court to divide our property and debts according to Texas law. Separate Property List all property that you owned before you were married, including real estate, and all gifts, inheritance, or money damages you received from a lawsuit during your marriage, if the money was not compensation for lost wages. 1. House located at: __________________________________________________________________. street address street address city city state state zip zip

2. Land located at: ___________________________________________________________________. 3. Cars, trucks, motorcycles or other vehicles Year Make Model Vehicle Identification No. [VIN]

4. Inheritance, gifts, or money from a lawsuit (not for lost wages) given only to you (describe):

5. Other property that you owned before you were married (describe):

I ask the Court to confirm this property as my separate property in my Final Decree of Divorce.

6. Protective Order
Protective Order Against my SPOUSE

Note: You MUST attach a copy of any protective order issued for you against your spouse or issued for your spouse against you, no matter when the protective order was issued.

(Check one box and fill in the requested information, if applicable.)

I do not have a Protective Order against my spouse and I have not asked for one. I have filed paperwork at the courthouse asking for a Protective Order against my spouse, but a judge has not decided if I should get it. I asked for a Protective Order on ____________ in __________________ County. The case number is ________________________.
Date Filed Name of County

I do have a Protective Order against my spouse. I got the Protective Order on

______________ in _______________________ County, ___________________.
Date Ordered Name of County Name of State

The case number for the Protective Order is _____________________________________________.

© TexasLawHelp.org - Petition for Divorce – With Children October, 2011 Texas Family Code, Titles I and V.

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Protective Order Against ME
(Check one box and fill in the requested information if applicable.)

My spouse does not have a Protective Order against me and has not asked for one. My spouse has filed paperwork asking to get a Protective Order against me, but a judge has not decided if my spouse will get it. My spouse asked for a Protective Order on ____________ in __________________ County. The case number is __________________________.
Date Filed Name of County

My spouse does have a Protective Order against me. The Order was made in ________________________ County, ________________________ on _________________.
Name of County Name of State Date Ordered

The case number for the Protective Order is ______________________________________________.

7. Family Information
(Check one box.)

I will fill out and file the Family Information form when I file the Final Decree of Divorce, as required by Texas Family Code Section 105.006. I believe my children or I will be harassed, abused, seriously harmed, or injured if I am required to give my spouse the information checked below for myself and the children:
(Check the boxes below to tell the judge which information you want to be kept confidential.)

home address, home phone #,

mailing address, work phone #,

employer,

work address, driver’s license #.

social security #,

I ask the Court to Order that I not have to give this information or notice of changes in this information to my spouse. I also ask the Court to keep this information confidential.
Note: Ask the Court to sign the Order on Request to Keep Family Information Confidential form when you go to court. Find this form at www.FreeTexasForms.org in the Divorce in Texas with Children section.

8. Name Change
I ask the Court to change my name back to a name I had before my marriage:
PRINT First Middle Last

9. Notice to My Spouse
(Check one box.)

Your spouse has the legal right to be notified that you have filed for divorce.

I will have a sheriff, constable, or process server give a copy of this Petition to my spouse here: _________________________________________________________________________________
Street Address City State Zip

If this is a work address, name of business: _______________________________________________ I ask the clerk to issue citation. I understand that I will need to pay the fee (or file the form to show the Court that I am unable to pay the fee) and arrange for service by a sheriff, constable or process server. Do not send a sheriff, constable, or process server to give a copy of this Petition to my spouse, at this time. I think my spouse will sign a Waiver of Service, or file an Answer.

© TexasLawHelp.org - Petition for Divorce – With Children October, 2011 Texas Family Code, Titles I and V.

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10.

Prayer

I ask the Court to grant me a divorce and make the other orders I have asked for in this Petition and any other orders I am entitled to. I ask the court for general relief.

(
Petitioner’s Name (print)

)

Phone number


Petitioner’s Signature Petitioner’s Mailing Address: city state zip Date

I understand that I must let the Court, my spouse, and my spouse’s attorney (if my spouse has an attorney) know in writing if my mailing address or phone number changes during this case.

© TexasLawHelp.org - Petition for Divorce – With Children October, 2011 Texas Family Code, Titles I and V.

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Exhibit: Out-of-State Party Affidavit
Required by Texas Family Code, Section 152.209 Important! If you, the other parent, or anyone else named as a party in your case lives outside of Texas, you must:  Fill out this form – Do not sign it until you are in front of the notary!  After signing, file it in the Clerk’s Office.  Keep a copy for your records.
(All information must be true and correct. Print your answers.)

The person who signed this affidavit appeared, in person, before me and stated under oath: “My name is __________________________________. I am above the age of eighteen (18) years, and I am fully competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. 1. Personal Information My name is: ________________________________________________________.
First Middle Last

I am the:

Petitioner

Respondent

I am representing myself in this case. Do you believe the health, safety or liberty of you or your children would be jeopardized by disclosure of the information in this affidavit? Yes No
If yes, ask the Clerk’s Office to seal this affidavit and not disclose the information to the other party or the public, until and unless the court orders the information disclosed after a hearing in which the court takes into consideration the health, safety and liberty of you and your children. This is required by Texas Family Code, section 152.209 (e).

2. Children in this case (under 18) First Child’s Name: Present Address: Child now lives with
Mother Father Other: (explain)

When did this child start living at this address? (Month, day, year)
(You must list every address for the last 5 years. Start with the most recent.)

1 past address Who did the child live with? 2nd past address Who did the child live with? 3rd past address Who did the child live with? 4th past address Who did the child live with?
Mother Father Other: (explain) Mother Father Other: (explain) Mother Father Other: (explain) Mother Father Other: (explain)

st

From:

/

/

To:

/

/

What is the present address of that person or persons?
From:

/

/

To:

/

/

What is the present address of that person or persons?
From:

/

/

To:

/

/

What is the present address of that person or persons?
From:

/

/

To:

/

/

What is the present address of that person or persons?
© TexasLawHelp.org, Exhibit:152.209, Out-of-State Parent Affidavit, June, 2011 Texas Family Code, Section 152.209

Page 1 of 3

2nd Child’s Name:
Check here if this child has always lived with the 1st child and skip to next question.

Present Address: Child now lives with
Mother Father Other: (explain)

When did this child start living at this address? (Month, day, year)
(You must list every address for the last 5 years. Start with the most recent.)

1st past address Who did the child live with? 2nd past address Who did the child live with? 3rd past address Who did the child live with? 4th past address Who did the child live with?
Mother Father Other: (explain) Mother Father Other: (explain) Mother Father Other: (explain) Mother Father Other: (explain)

From:

/

/

To:

/

/

What is the present address of that person or persons?
From:

/

/

To:

/

/

What is the present address of that person or persons?
From:

/

/

To:

/

/

What is the present address of that person or persons?
From:

/

/

To:

/

/

What is the present address of that person or persons? 3rd Child’s Name:
Check here if this child has always lived with the 1st child and skip to next question.

Present Address: Child now lives with
Mother Father Other: (explain)

When did this child start living at this address? (Month, day, year)
(You must list every address for the last 5 years. Start with the most recent.)

1st past address Who did the child live with? 2nd past address Who did the child live with? 3rd past address Who did the child live with? 4th past address Who did the child live with?
Mother Father Other: (explain) Mother Father Other: (explain) Mother Father Other: (explain) Mother Father Other: (explain)

From:

/

/

To:

/

/

What is the present address of that person or persons?
From:

/

/

To:

/

/

What is the present address of that person or persons?
From:

/

/

To:

/

/

What is the present address of that person or persons?
From:

/

/

To:

/

/

What is the present address of that person or persons? If there are more than 3 children, make a copy of this page for each child and attach it to this form.

© TexasLawHelp.org, Exhibit:152.209, Out-of-State Parent Affidavit, June, 2011 Texas Family Code, Section 152.209

Page 2 of 3

3. Other Court Cases Have you taken part in any other court case about any of these children, in Texas or in any other state or country? Yes No Do you know of any other court case that could affect this case, including custody, visitation, child support, civil or criminal cases for domestic violence, protective orders, termination of parental rights, adoptions and enforcement cases? Yes No
If you answered Yes for either of the above questions, complete the following:

County, State and Country of Court Case

Case #

Type of case

Warning: You must tell the court if you later find out about a court case about these children, in Texas or in any other state or country. 4. Other People Who Claim Custody or Visitation “Do you know of any other person who has physical possession of the children or claims the right to legal or physical custody or visitation with the children? Yes No If Yes, complete the following for each person.
Name: Address: Relationship to child: Name: Address: Relationship to child: “

Do not sign until you are in front of a notary.

Signature

Date

Notary fills out below. State of Texas, County of
(Print the name of county where this statement is notarized)

Sworn to and subscribed before me, the undersigned authority, on this date: By
(Print name of person who is signing this affidavit.):

.

(Notary’s seal here) Notary’s Signature

© TexasLawHelp.org, Exhibit:152.209, Out-of-State Parent Affidavit, June, 2011 Texas Family Code, Section 152.209

Page 3 of 3

WARNING: By signing this form, you give up all your legal rights in this case. Do not sign it if you want to know what the court will order in your divorce. You can waive your right to be served, but keep your other rights, by filing an Answer instead. You can find an Answer form at www.FreeTexasForms.org with the Divorce – With Children forms. Instructions: If you decide to use this Waiver of Service form: ● Make sure the Petitioner has already filed a Petition for Divorce with the court. Do not sign this Waiver of Service until after the Petition is filed and you have been given a copy. If you sign it before the Petition is filed, it must be redone. The official court stamp on the Petition will tell you when it was filed. ● Fill out the Waiver of Service completely. You MUST include your address. ● Sign the Waiver of Service in front of a notary. ● Give the Waiver of Service to the Petitioner or file it in the clerk’s office.

Cause Number:
IN THE MATTER OF THE MARRIAGE OF Petitioner:
(Print first, middle and last name of the spouse filing for divorce.)

In the ______________
(Court Number)

And Respondent:
(Print first, middle and last name of other spouse.)

District Court

County Court of: County, Texas

Names of the children born to Petitioner and Respondent who are under 18: 1. ___________________________ 2._________________________ 3. _________________________ 4. ___________________________ 5._________________________ 6. _________________________

Waiver of Service – Divorce (With Children)
The person who signed this affidavit appeared, in person, before me, the undersigned notary, and stated under oath:

“I am the Respondent in this case. “My name is: _________________________________________________________________.
First Mailing Address Middle City Last State Zip

“My mailing address is: _________________________________________________________. “My phone number is: (_________) __________-___________________. “The last three numbers of my driver’s license number are: ___ ___ ___. My driver’s license was issued in (State): ________________________. Or “ I do not have a driver’s license number. “The last three numbers of my social security number are: ___ ___ ___. Or “ I do not have a social security number. “I have been given a copy of the Petition for Divorce filed in this case. I have read the Petition for Divorce and understand what it says.

© TexasLawHelp.org, Waiver of Service – Divorce Case (With Children), March 2012

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“I understand that I have the right to be given a copy of the Petition for Divorce and official notice of this case by a constable, sheriff or other official process server. This process is called issuance and service of citation. I do not want to be given official notice. I give up my right to issuance and service of citation in this case and enter my appearance in this case for all purposes. “I also give up my right to be notified of any and all hearings in this case. “I agree that a Judge or Associate Judge in the county and state where this case is filed may make decisions about my divorce, even if the divorce should have been filed in another county. I do not want a court reporter to make a record of the testimony in this case. “I understand that I must let the Court, my spouse and my spouse’s attorney(if my spouse has an attorney) know in writing if my mailing address or phone number changes during this case “If I am in the military, I waive all rights, privileges, and exemptions I may have under the Servicemembers Civil Relief Act in this case, including having a lawyer appointed to represent me. “I agree that the judge may make decisions about my divorce without further notice to me.”
(Check only one):

“ “

I am NOT asking the court to change my name.” I ask the Court to change my name back to a name I had before my marriage:
________________________________________________________________________________. ”
First Middle Last

Do not sign until you are in front of a Notary

Respondent’s signature Notary fills out below State of Texas, County of ___________________________________________
(Print the name of county where this affidavit is notarized.)

Sworn to and subscribed before me, the undersigned Notary, on this date: _______________________

by _______________________________________________.
(Print the first and last names of the Respondent who is signing this affidavit.)

I, the Notary Public, who signature appears below, certify that I am not an attorney in this case.

(Notary’s seal here)


Notary’s signature

© TexasLawHelp.org, Waiver of Service – Divorce Case (With Children), March 2012

Page 2 of 2

(Print court information exactly as it appears on the Petition for Divorce)

Cause Number:
IN THE MATTER OF THE MARRIAGE OF Petitioner:
(Print first, middle and last name of the spouse filing for divorce.)

In the ______________
(Court Number)

And Respondent:
(Print first, middle and last name of other spouse.)

District Court

County Court of: County, Texas

Names of the children of this marriage who are under 18: 1. ___________________________ 2.__________________________ 3. _________________________ 4. ___________________________ 5.__________________________ 6. _________________________

Respondent’s Answer to Divorce
Print your answers.

My name is: __________________________________________________________________.
First Middle Last

I am the Respondent in this divorce case

1. General Denial
I enter a general denial. I want to be notified of all hearings in this case. However, if the Petitioner and I reach an agreement I will sign the Final Decree of Divorce. If I sign the Final Decree of Divorce, then I agree that the Court can finalize the case without me and without my receiving notice of the final hearing.

2. Contact Information
My mailing address is: ___________________________________________________________.
Print Mailing Address City State Zip

My phone number is: (_____) ______-____________. The last three numbers of my driver’s license number are: ___ ___ ___. My driver’s license was issued in (State) ________________________. I do not have a driver’s license number. Or The last three numbers of my social security number are: ___ ___ ___. I do not have a social security number. Or I understand I must notify the Court, Petitioner and Petitioner’s attorney (if Petitioner has an attorney) in writing, if my mailing address or phone number changes during this case. I understand that, unless I provide notice of changes in my mailing address, all information about this case, including the date and time of hearings, will be sent to me at the address on this form.

© Texas Partnership for Legal Access – Answer to Petition for Divorce with Children, June 16, 2011 Texas Family Code, Chapter 6; Texas Rules of Civil Procedure 83

Page 1 of 2

3. Name Change
(Check only one.)

I am NOT asking the court to change my name. I ask the Court to change my name back to the name I had before my marriage.
________________________________________________________________________________.
PRINT First Middle Last

4. Prayer
I ask the Court for general relief. 
Respondent’s signature Date

Certificate of Service
I swear that a true copy of this document was given to Petitioner and Petitioner’s attorney (if Petitioner has an attorney) in person, by fax, or by certified mail, return receipt requested. 
Respondent’s signature Date

_

© Texas Partnership for Legal Access – Answer to Petition for Divorce with Children, June 16, 2011 Texas Family Code, Chapter 6; Texas Rules of Civil Procedure 83

Page 2 of 2

(Print court information exactly as it appears on your Petition)

Cause Number:
IN THE MATTER OF THE MARRIAGE OF
Petitioner:
Print first, middle and last name of the spouse filing for divorce.

In the ______________
Court Number

And
Respondent:
Print first, middle and last name of other spouse.

District Court

County Court of: County, Texas

AND IN THE INTEREST OF:

(List children of this marriage who are under 18):

1. ________________________ 2._______________________ 3. ______________________ 4. ________________________ 5._______________________ 6. ______________________

Final Decree of Divorce
A hearing took place today, and the following people were present. There was no jury as neither the husband nor wife asked for one.

1. Appearances
Petitioner The Petitioner’s name is: ____________________________________________________________________.
First Middle Last

The Petitioner represented him/herself and is the (check one):
(Check one box.)

Husband.

Wife.

The Petitioner was present, representing him/herself, and has agreed to the terms of this Decree of Divorce. The Petitioner was not present but has signed below, agreeing to the terms of this Decree. Respondent The Respondent’s name is:___________________________________________________________________.
First Middle Last

The Respondent is the (check one):
(Check one box.)

Husband.

Wife.

The Respondent was present, representing him/herself, and agrees to the terms in this Decree. The Respondent was not present but was served, filed an Answer, or signed a Waiver of Citation, and:
(Check all that apply.)

has signed below, agreeing to the terms in this Decree. agreed in the Waiver that the judge can finalize the divorce, without giving the Respondent notice of this hearing. has defaulted. The Petitioner has filed a Certificate of Last Known Address and an Affidavit of Non-Military Status. The Petitioner has also arranged for a court reporter to record the hearing.

© TexasLawHelp.org – Divorce Decree – With Children, October, 2011 Texas Family Code, Titles I and V

Page 1 of 8

2. Record
(Check one box.)

A Court reporter recorded today’s hearing. A Court reporter did not record today’s hearing because the Husband, Wife, and judge agreed not to make a record. A Statement of the Evidence was signed by the Court.

3. Jurisdiction
The Court heard evidence and finds that it has jurisdiction over this case and the parties, that the residency and notice requirements have been met, and the Petition meets all legal requirements. The Court finds that::
(Check one box.)

the Petition was filed more than 60 days ago. Petitioner has an active Protective Order under Title 4 of the Texas Family Code, or an active magistrate’s order for emergency protection under Article 17.292 of the Texas Code of Criminal Procedure against the Respondent because the Respondent committed family violence during the marriage. Respondent has a final conviction or has received deferred adjudication for a crime involving family violence against the Petitioner or a member of Petitioner’s household.

4. Children
A. Children of the Marriage

Remember: If you have a disabled child or an adult disabled child, talk to a lawyer before you finish your divorce. You or your spouse may be entitled to child support even after the child becomes an adult.

The Court finds that the Husband and Wife are the parents of the children listed below, and that there are no other children of this marriage expected or entitled to receive support.
(List all adopted and biological children of this marriage who are under 18.)

Child’s name 1 2 3 4 5 6

Sex

Date of Birth

State where child lives now

(If more than 6 children, list them on another sheet and write Attachment A at the top. Attach it to this form.)

B. Pregnancy The Court finds that the Wife is not pregnant.
Remember: You cannot finish your divorce while the wife is pregnant.

© TexasLawHelp.org – Divorce Decree – With Children, October, 2011 Texas Family Code, Titles I and V

Page 2 of 8

C. Children Born during the Marriage, but the Husband is Not the Father
(Check one box.)

The Court finds that the Wife did not have children with another man while married to the Husband.

The Court finds that the children named below were born during the marriage, but are UUnot the Husband’s children. The Court further finds that paternity of each child has been established:
(Check one box.)

Remember: If the wife had children with another man while married to the husband, you cannot finish your divorce until paternity of the children is established. See Texas Family Code Section 160.204. Get more information about establishing paternity at www.TexasLawHelp.org.

A court order has determined the father of each of child named below. A copy of the order is attached to and made part of this Final Decree of Divorce for all purposes. An Acknowledgement of Paternity signed by the genetic father and a Denial of Paternity signed by the Husband has been filed with the bureau of vital statistics for each child named below. A copy of this document, or documents, is attached to and is made part of this Final Decree of Divorce for all purposes.
(List all children born during the marriage, who are not the adopted or biological children of the husband.) (Paternity of each child must already have been established.)

Child’s name 1. 2. 3. 4. 5. 6.

Age

Date of Birth

Sex

If more than 6 children, list them on another sheet and write Attachment B at the top. Then attach it to this form.

5. Divorce
IT IS ORDERED that the Petitioner and the Respondent are divorced on the grounds of insupportablity.

6. Parenting Plan
The Court FINDS that the orders found in the attached Parenting Plan Exhibits are in the best interest of the children, and makes the following orders regarding custody, visitation, child support, and health insurance, as included in this section and the attached Parenting Plan Exhibits. Note! You must include a Parenting Plan with this Decree of Divorce, as required by Texas Family Code, Section 153.603. Complete and attach the following Parenting Plan Exhibits to this Decree of Divorce. Parenting Plan Exhibits The following Exhibits are attached to this Decree of Divorce and are made a part of this Decree for all purposes. Exhibit: Conservatorship (Custody) Order Exhibit: Rights and Duties Order Exhibit: Possession and Access (Visitation) Order Exhibit: Child Support Order Exhibit: Medical Support Order Exhibit: Family Information
© TexasLawHelp.org – Divorce Decree – With Children, October, 2011 Texas Family Code, Titles I and V Page 3 of 8

7. Property And Debts
Note: Additional forms are needed to divide retirement benefits and to transfer title to real estate. If you plan to divide retirement benefits or you jointly own a house or land with your spouse, do NOT use this form without first talking to a lawyer. You can hire a lawyer just to give you advice and/or draft the documents you need for a flat fee. Call your local lawyer referral service or the State Bar of Texas Lawyer Referral Information Service at 1(800) 252-9690 for help finding a lawyer. Texas is a community property state. This means that any new property or debt that either party obtains from the minute they are married until the minute the judge grants the divorce is community property, even if the property or debt is only in one spouse’s name. All community property and debt should be included in the Final Decree of Divorce. There are a few exceptions to the law of community property. If either party receives a gift, an inheritance, or money from a lawsuit that does not compensate for lost wages, it is separate property. It is a good idea to confirm separate property obtained during the marriage as that individual’s separate property in the Final Decree of Divorce. More information about community and separate property can be found in the Texas Family Code, chapters 3,4, and 5. The Court makes the following orders regarding the parties’ community and separate property: Husband’s Property Husband’s Separate Property The Court confirms that the Husband owns the following property as his separate property: 1. House located _________________________________________________________________________
Street Address City State Zip

Husband owned this house before marriage. Husband received this house as a gift or inheritance. 2. Land located at: ________________________________________________________________________
Street Address City State Zip

Husband owned this land before marriage. Husband received this land as a gift or inheritance. 3. Cars, trucks, motorcycles or other vehicles Husband owned these vehicles before marriage or received them as a gift or inheritance during the marriage: Year Make Model Vehicle Identification No. [VIN]

4. Other Money or Property Husband owned the following money or property before the marriage or inherited or received it as a gift during the marriage.

Husband received the following money from a lawsuit during the marriage. This money was not compensation for lost wages.

© TexasLawHelp.org – Divorce Decree – With Children, October, 2011 Texas Family Code, Titles I and V

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Husband’s Community Property The Court ORDERS that the Husband is awarded (gets) the following Community Property, and the Wife is divested of (doesn’t get) any interest, title or claim she may have to the property listed below. Wife IS ORDERED to sign any deeds or documents needed to transfer any property listed below to the Husband. Husband is responsible for preparing the documents. 1. All property in Husband’s care, custody or control, or in Husband’s name, that this Order does not give to the Wife. 2. House or land located at:
Street Address City State Zip

Legal Description: 3. Other real property located at:
Street Address City State Zip

Legal Description:

(Check ALL that apply.)

4.

All of the Husband’s employment benefits, including retirement, pension, 401(k), profit-sharing, and stock option plans that are in his name alone, along with all individual retirement accounts, such as IRAs that are in his name alone. (Note: If you want to divide retirement or employment benefits do NOT use this form. You will need additional forms. Talk to an attorney.)

5. 6. 7.

All cash and money in any bank or other financial institution listed in Husband’s name ALONE. Any insurance policy that covers the Husband’s life. The Husband’s cars, trucks, motorcycles or other vehicles listed below Year Make Model Vehicle Identification No. [VIN]

8.

The Husband will also keep the property listed below:

Husband’s Debts
(Check all that apply.)

The Husband shall pay the debts listed below: 1. All taxes, bills, liens, and other charges, present and future, for all personal and real property that are in the Husband’s name alone or that this Order gives to the Husband alone, unless this Order requires otherwise. 2. 3. 4. 5. Any debt Husband incurred after separation. Date of separation: _______________.
Month Day Year

The balance due on any loan or mortgage for the real property that this Order gives to the Husband alone. The balance due on any loan for any vehicles that this Order gives to the Husband alone. All other debts listed below, which are not in Husband’s name alone, such as credit cards, student loans, medical bills, income taxes:

© TexasLawHelp.org – Divorce Decree – With Children, October, 2011 Texas Family Code, Titles I and V

Page 5 of 8

Wife’s Property Wife’s Separate Property The Court confirms that Wife owns the following property as her separate property: 1. House located _________________________________________________________________________
Street Address City State Zip

Wife owned this house before marriage. Wife received this house as a gift or inheritance. 2. Land located at: ________________________________________________________________________
Street Address City State Zip

Wife owned this land before marriage. Wife received this land as a gift or inheritance. 3. Cars, trucks, motorcycles or other vehicles Wife owned these vehicles before the marriage or received them as a gift or inheritance during the marriage: Year Make Model Vehicle Identification No. [VIN]

4. Other Money or Property Wife owned the following money or property before the marriage or inherited or received it as a gift during the marriage.

Wife received the following money from a lawsuit during the marriage. This money was not compensation for lost wages.

Wife’s Community Property The Court ORDERS that Wife is awarded (gets) the following Community Property, and Husband is divested of (doesn’t get) any interest, title, or claim he may have to the property listed below. Husband IS ORDERED to sign any deeds or documents needed to transfer any property listed below to the Wife. Wife is responsible for preparing the documents. 1. All property in Wife’s care, custody, or control, or in Wife’s name, that this Order does not give to the Husband. 2. House or land located at:
Street Address City State Zip

Legal Description: 3. Other real property located at:
Street Address City State Zip

Legal Description:

© TexasLawHelp.org – Divorce Decree – With Children, October, 2011 Texas Family Code, Titles I and V

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Wife’s Community Property (continued)
(Check all that apply.)

4.

All of the Wife’s employment benefits, including retirement, pension, 401(k), profit-sharing, and stock option plans that are in her name alone, along with all individual retirement accounts, such as IRAs that are in her name alone. (Note: If you want to divide retirement or employment benefits do NOT use this form. You will need additional forms. Talk to an attorney.)

5. 6. 7.

All of the Wife’s cash and money in any bank or other financial institution that is listed in her name ALONE. Any insurance policy that covers the Wife’s life. The Wife’s cars, trucks, motorcycles or other vehicles listed below: Year Make Model Vehicle Identification No. [VIN]

8.

The Wife will also keep the property listed below:

Wife’s Debts
(Check all that apply.)

The Wife shall pay the debts listed below: 1. All taxes, bills, liens, and other charges, present and future, for all personal and real property that are in the Wife’s name alone or that this Order gives to the Wife alone, unless this Order requires otherwise. 2. 3. 4. 5. Any debt Wife incurred after separation. Date of separation:______________________.
Month Day Year

The balance due on any loan or mortgage for the real property that this Order gives to the Wife alone. The balance due on any loan for any vehicles that this Order gives to the Wife alone. All other debts listed below, which are not in Wife’s name alone, such as credit cards, student loans, medical bills, income taxes:

8. Name Change
The Court ORDERS the name of the:
(Check all boxes that apply.)

Husband changed back to a name used before marriage, as it appears below.
First Middle Last

Wife changed back to a name used before marriage, as it appears below.
First Middle Last

© TexasLawHelp.org – Divorce Decree – With Children, October, 2011 Texas Family Code, Titles I and V

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9. Court Costs
The Husband will pay for his court costs; the Wife will pay for her court costs.

10. Other Orders
The court has the right to make other orders, if needed, to clarify or enforce the orders above. Any orders requested that do not appear above are denied.

Date of Judgment

Judge’s signature

Approved as to Form and Substance: By signing below, the Petitioner agrees to the form and substance of this decree. (
Petitioner’s Name (print)  Petitioner’s Signature Mailing Address:

By signing below, the Respondent agrees to the form and substance of this decree. (
Respondent’s Name (print)  Respondent’s Signature Mailing Address

)

)

Phone number Date

Phone number Date

© TexasLawHelp.org – Divorce Decree – With Children, October, 2011 Texas Family Code, Titles I and V

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Exhibit: Conservatorship (Custody), Rights and Duties Order
The Court makes the following orders:

1. Conservatorship (Custody) and Primary Home
The Court ORDERS that the parties in this case are (check one): Joint Managing Conservators, One Party Chooses Child’s Primary Home, Geographic Limit on Child’s Primary Home: Both parties share legal custody. One party decides where the child’s primary home is located. There is a geographic limit on the location of the child’s primary home. The party who has the exclusive right to decide where the child’s primary home is located is:____________________________________________________________
(Print the name of the parent who has the exclusive right to decide where the child’s home is located.)

There is a geographic limit on the location of the child’s primary residence. The child’s primary home will be located: (Check one) in this county. in Texas. OR Joint Managing Conservators, One Party Chooses Child’s Primary Home, No Geographic Limit on Child’s Primary Home: Both parties share legal custody. One party decides where the child’s primary home is located. There is no geographic limit on the location of the child’s primary home. The party who has the exclusive right to decide where the child’s primary home is located is: in this county or in counties adjacent to this county. other ____________________________________________.

___________________________________________________________
(Print the name of the parent who has the exclusive right to decide where the child’s home is located.)

OR Separate Conservators, One Party Chooses Child’s Primary Home, No Geographic Limit on Child’s Primary Home: One party decides where the child’s primary home is located and makes the major decisions about the child’s health, education, and welfare. There is no geographic limit on the location of the child’s primary home. The Sole Managing Conservator is (name): _______________________________________. The Sole Managing Conservator has the exclusive right to decide where the child’s primary home is located. The Possessory Conservator is (name):___________________________________________. OR

THIS OPTION CAN BE SELECTED ONLY IF THE PARTIES AGREE TO IT.
Joint Managing Conservators, No Party Chooses Child’s Primary Home, Geographic Limit on Child’s Primary Home: Both parties share legal custody. Neither party has the right to decide where the child’s primary home is located.

© TexasLawHelp.org, Exhibit: Conservatorship (Custody), Rights and Duties Order, March 2011 Texas Family Code, Ch. 152 -153

Page 1 of 3

There is a geographic limit on the location of the child’s primary home. BY AGREEMENT, the child’s primary home will be located: (Check one) in the school district of __________________________________. in this county. in Texas. in this county or in counties adjacent to this county. Other _________________________________________________.

2. Rights and Duties At All Times
The Court ORDERS that both parents always have the following rights: (Texas Family Code, Section 153.073) 1. To receive information from the other parent or conservator about the child/ren’s health, education, and welfare. 2. To talk or confer with the other parent, to the extent it is possible, about upcoming decisions concerning the child/ren’s health, education, and welfare. 3. To have access to the child/ren’s medical, dental, psychological, and educational records. 4. To talk or consult with the child/ren’s doctors, dentists, and psychologists. 5. To talk or consult with school officials, including teachers, and school staff, about the child/ren’s welfare and educational status and school activities. 6. To attend the child/ren’s school activities. 7. To be designated as an emergency contact on their child/ren’s records. 8. To give consent for emergency medical, dental, and surgical treatment if the child/ren’s health or safety is in immediate danger. 9. Each parent has the right to manage the child/ren’s estate(s) if he or she created it for the child/ren or if that parent’s family created it for the child/ren. The Court ORDERS that both parents always have the following duties: (Texas Family Code, Section 153.076) 1. To inform the other parent or conservator, in a timely manner, about significant information concerning the child/ren’s health, education and welfare. 2. Each parent has a duty to inform the other parent or conservator if the parent:   resides with for at least 30 days, marries, or

 intends to marry a person who the parent knows is a registered sex offender under Chapter 62 of the Texas Code of Criminal Procedure, or who is currently charged with an offense that would require the person to register as a sex offender under that chapter, if convicted. The parent IS ORDERED to give this notice as soon as practicable, but no later than the 40th day after the date the parent or conservator begins to reside with the person, or within 10 days of marrying the person. The notice must include a description of the offense that required the person to register as a sex offender or the offense that the person is charged with that may require the person to register as a sex offender.

© TexasLawHelp.org, Exhibit: Conservatorship (Custody), Rights and Duties Order, March 2011 Texas Family Code, Ch. 152 -153

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3, Rights and Duties During Periods of Possession
The Court ORDERS that both parents have the following rights and duties when the child/ren are with them: (Texas Family Code, Section 153.074) 1. To care for, control, protect, and reasonably discipline the child/ren. 2. To support the children, providing them with food, clothing, and shelter, and medical and dental care that does not involve an invasive procedure. 3. To consent to non-invasive medical and dental care for the child/ren. 4. To direct the child/ren’s moral and religious training.

4. Other Rights and Duties
The Court ORDERS the parties shall share the following rights and duties as marked below: (Texas Family Code, Section 153.132) Mom Dad Mom and Dad Either alone alone Mom or Dad together 1.Consent to invasive medical, dental, and surgical treatment for the child/ren 2.Consent to psychiatric or psychological treatment for the child/ren 3.Right to receive and give receipt for child support payments, and to hold or disburse these funds for the child/ren’s benefit 4.Represent the child/ren in a legal action and make important legal decisions that affect the child/ren 5.Consent to a child’s marriage, or to a child enlisting in the U.S. Armed Forces 6.Make decisions concerning the child/ren’s education 7.Manage or control the earnings or services of a child who works 8.Make decisions for the child/ren about their estates if required by law (unless the child/ren have a guardian ad litem or guardian of the estate) 9.Manage the child/ren’s estates if any were created by the parents’ community or joint property. *If you checked “Other person,” explain below: Name of other person: ________________________________________________________________ Relationship to child/ren: ______________________________________________________________

Other person*

No

No

© TexasLawHelp.org, Exhibit: Conservatorship (Custody), Rights and Duties Order, March 2011 Texas Family Code, Ch. 152 -153

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Exhibit: Standard Possession (Visitation) and Access Order
The Court ORDERS that each conservator shall comply with all terms and conditions of this standard possession (visitation) order. The Court ORDERS that this standard possession (visitation) order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs the order to which this exhibit is attached.

Designation of Conservators
The Court ORDERS that the conservators are designated in this exhibit as Home Parent and Co-parent. The conservator known as the ‘Home Parent’ is: (name) ______________________________________ The conservator known as the ‘Co-Parent’ is: (name) _________________________________________

Mutual Agreement
The Court ORDERS that Home Parent and Co-Parent shall have possession of the child/ren at any and all times mutually agreed to in advance by Home Parent and Co-Parent. In the absence of mutual agreement, the Court ORDERS that Home Parent and Co-Parent shall have possession of the child/ren as ordered below.

Undesignated Times
The Home Parent shall have the right to possession of the child/ren at all times not specifically ordered for Co-Parent.

Definitions
“School” means the primary or secondary school where a child is enrolled, or if the child is not enrolled in a primary or secondary school, the public school district where the child primarily resides. “Child” includes each child, whether one or more, who is part of this case while that child is under the age of eighteen years and not otherwise emancipated. A “weekend” begins on the 1st, 3rd, and 5th Friday of each month at 6pm, and ends on the following Sunday at 6 pm, except when:   The box “After school** is checked, then during the regular school year, the weekend begins at the time the child/ren’s school is dismissed before the 1st, 3rd, or 5th weekend of each month. The box “Next school day*** is checked, then during the regular school year, the weekend ends at the time the child/ren’s school starts on the next school day after the 1st, 3rd, or 5th weekend of each month (if Co-Parent cannot return the children to school on time, s/he must notify the school and the other parent). The 1st, 3rd, or 5th weekend coincides with a student holiday or teacher’s in-service day or federal, state or local holiday that falls on a Monday, then the weekend begins on Friday, and ends on Monday; if the holiday falls on a Friday, then the weekend begins on Thursday, and ends on Sunday. If a weekend or midweek visit conflicts with the holiday or summer schedule, you must follow the holiday or summer schedule.





© TexasLawHelp.org, Exhibit Standard Possession (Visitation) and Access Order – March, 2011 Texas Family Code Chapter 153, Subchapter F

Page 1 of 6

Schedules
1A. Co-Parent’s Local Schedule
When the Co-Parent lives within 100 miles of the primary residence of the child/ren, the Co-Parent shall have the right to possession of the child/ren as follows:
Weekends* On the 1 , 3 , and 5 weekend of each month. See definition above st rd th

Co-parent’s Co-parent’s right to right to possession possession shall begin at: shall end at:
After school** 6 pm Next school day*** 6 pm School starts on Friday 8 pm 6 pm noon 6 pm 6 pm 6 pm 6 pm

Mid-Week Visit

On Thursday of each school week

After school** 6 pm After school** 6 pm After school** 6 pm noon

Thanksgiving Odd-Numbered Years Christmas Break Even-Numbered Years Christmas Break Odd-Numbered Years Spring Break Even-Numbered Years Standard Summer Different Summer Co-Parent must notify Home Parent of the dates, in writing, by April 1.

Starts last day of school before Thanksgiving and ends on Sunday. Starts the last day of school before Christmas Break and ends December th 28 . Starts on December 28 and ends the day before school starts after Christmas Break. Starts the last day of school before Spring Break and ends the day before school starts after Spring Break. Starts on July 1 and ends on July 31 . If Co-Parent gives Home Parent written notice by April 1 of each year, CoParent may choose a different 30-day summer schedule. The schedule must be: after school is dismissed for summer break, only 1 or 2 blocks of time, each at least 1 week long, and not during the last week of the summer break st st th

After school** 6 pm 6 pm 6 pm

1B. Home Parent’s Local Schedule
Notwithstanding the weekend and midweek periods of possession ordered for Co-Parent above, it is expressly ORDERED that Home parent shall have a superior right to possession of the children as follows:
Thanksgiving Even-Numbered Years Christmas Break Odd-Numbered Years Christmas Break Even-Numbered Years Spring Break Odd-Numbered Years Extended Summer Home Parent must notify Co-Parent of the dates, in th writing, by April 15 Starts the last day of school before Thanksgiving and ends Sunday. Starts the last day of school before Christmas Break and ends December th 28 . Starts on December 28 and ends the day before school starts after Christmas Break. Starts the last day of school before Spring Break and ends the day before school starts after Spring Break. th HomeHomeparent’s right parent’s right to possession to possession shall begin at: shall end at:
6 pm 6 pm noon 6 pm 6 pm noon 6 pm 6pm 6 pm

If the Home Parent gives the Co-parent written notice by April 15 of each 6 pm year, the Home-parent may designate 21 days beginning not earlier than the day after the child’s school is dismissed for the summer. The dates must be exercised in not more than 2 separate periods of at least 7 consecutive days each. The dates must not be:  during the last week of the summer break  during days when the Co-Parent has a scheduled summer, or Father’s/Mother’s Day visitation If the Home Parent gives the Co-parent written notice by April 15 of each year, the Home-parent shall have possession of the child/ren on 1 weekend during the child/ren’s summer break, when the Co-Parent would otherwise be entitled to weekend possession of the child/ren. The weekend:  Cannot interfere with the Co-Parent’s Father’s or Mother’s Day weekend  Cannot be the last weekend of summer 6 pm

Summer Weekend During Co-Parent’s Summer Visitation Home Parent must notify Co-Parent of the dates, in writing, by April th 15

6 pm

© TexasLawHelp.org, Exhibit Standard Possession (Visitation) and Access Order – March, 2011 Texas Family Code Chapter 153, Subchapter F

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2A. Co-Parent’s Long Distance Schedule
When Co-Parent lives more than 100 miles from the primary residence of the child/ren, the Co-Parent shall have the right to possession of the child/ren as follows:
Weekends* On the 1 , 3 , and 5 weekend of each month. A weekend starts Friday and ends Sunday. OR Alternate Weekend Possession** If Co-Parent gives Home Parent written notice within 90 days after residing more than 100 miles apart, Co-Parent shall have possession of the child/ren for any one weekend per month that the Co-Parent chooses. The Co-Parent must give the Home Parent at least 14 days notice (by phone or in writing), and the weekend cannot interfere with the holiday schedule. Thanksgiving Odd-Numbered Years Christmas Break Even-Numbered Years Christmas Break Odd-Numbered Years Spring Break (Every year) Standard Summer Different Summer Co-Parent must notify Home Parent of the dates, in writing, by April 1. Starts the last day of school before Thanksgiving and ends on Sunday. Starts the last day of school before Christmas Break and ends December th 28 . Starts on December 28 and ends the day before school starts after Christmas Break. Starts the last day of school before Spring Break and ends the day before school starts after Spring Break. Starts on June 15 and ends on July 27 th th th st rd th

Co-parent’s right to possession shall begin at:
6 pm

Co-parent’s right to possession shall end at:
6 pm

6 pm 6 pm noon 6 pm 6 pm 6 pm

6 pm noon 6 pm 6 pm 6 pm 6 pm

If Co-Parent gives Home Parent written notice by April 1 of each year, the Co-Parent may choose a different 42-day summer schedule, but it must be:  Only 1 or 2 blocks of time, each at least 1 week long,  Not during the last week of the summer break

2B. Home Parent’s Long Distance Schedule
Notwithstanding the weekend periods of possession ORDERED for Co-parent above, it is expressly ORDERED that Home parent shall have a superior right to possession of the children as follows:
Thanksgiving Even-numbered years Christmas Break Odd-Numbered Years Christmas Break Even-Numbered Years Extended Summer Home Parent must notify Co-Parent of the dates, in th writing, by April 15 , or give at least 14 days written notice of the dates, after th April 15 . Starts last day of school before Thanksgiving and ends Sunday.

Home Parent’s Home parent’s Right to right to Possession Possession shall begin at: shall end at:
6 pm 6 pm noon 6 pm 6 pm

Starts the last day of school before Christmas Break and ends December 6 pm th 28 . Starts on December 28 and ends the day before school starts after Christmas Break. The Home Parent may choose 21 days during the summer when the child/ren will stay with the Home Parent. The Home Parent’s schedule must be: th Noon 6 pm

 Not during the last week of the summer break  Not during days when the Co-Parent has a scheduled summer, or Father’s/Mother’s Day visitation.  Only I or 2 blocks of time, each at least 1 week long 6 pm

Summer Weekend During If the Co-Parent’s summer visitation is 31 days or more, the Home Parent 6 pm may choose to have the children for two weekends during the CoCo-Parent’s Summer Parent’s summer visitation (or one weekend if the Co-Parent’s summer Visitation visitation is 30 days or less). The weekends: Home Parent must notify Co-Parent of the dates, in th writing, by April 15  Cannot be consecutive weekends during the Co-Parent’s summer visitation schedule  Cannot interfere with the Co-Parent’s Father’s or Mother’s Day weekend  Cannot be the last weekend of summer

© TexasLawHelp.org, Exhibit Standard Possession (Visitation) and Access Order – March, 2011 Texas Family Code Chapter 153, Subchapter F

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3. Child’s Birthday, Mother’s Day and Father’s Day Home Parent and Co-Parent shall also have the right to possession of the child/ren as follows, notwithstanding the weekend and midweek periods of possession ordered for Co-parent and regardless of the distance between the residence of a parent and the child: Child’s Birthdays The Parent who does not already have a scheduled visit on the child’s birthday shall have the right to possession of the child on the child’s birthday, from 6 p.m. to 8 p.m., provided he or she picks up the child from the residence of the parent entitled to possession, and returns the child to the same place. (Check here only if you want to include the child’s minor siblings for this birthday visit.) This visit shall include the child’s minor siblings. Father’s Day If a conservator, the Father shall have possession of the child/ren on Father’s Day weekend, provided he picks up the child/ren from the residence of the parent entitled to possession, and returns the child/ren to the same place. The weekend starts Friday before Father’s Day at 6 p.m. and ends at: 6 p.m. Sunday or 8 a.m. on the Monday after Father’s Day Mother’s Day If a conservator, the Mother shall have possession of the child/ren on Mother’s Day weekend, provided she picks up the child/ren from the residence of the parent entitled to possession, and returns the child/ren to the same place. The weekend starts Friday before Mother’s Day at 6 p.m. and ends at: 6 p.m. Sunday or 8 a.m. on the Monday after Mother’s Day 4. General terms and Conditions Except as otherwise expressly provided in this standard Possession Order, the following terms and conditions apply regardless of the distance between the residence of a parent and the child: Exchange of Children at Start of Co-parent’s Possession The Court ORDERS the Home Parent to surrender the child/ren to the Co-Parent at the beginning of Coparent’s possession at: (Check one.) Home parent’s residence. Co-Parent’s residence. The following location: ______________________________________________________________ If a period of possession begins at the time the child/ren’s school is regularly dismissed, the Court ORDERS the Home parent to surrender the child to Co-parent at the beginning of each such period of possession at the school in which the child is enrolled. If the child is not in school, Co-parent shall pick up the child at the location designated above and the Court ORDERS the Home parent to surrender the child to Co-parent at the location designated above at 6 pm. If the children will not be in school, the Home-Parent shall immediately notify the Co-Parent. Exchange of Children at End of Co-Parent’s Possession The Court ORDERS the Co-Parent to surrender the child/ren to the Home Parent at the end of CoParent’s possession at: (Check one.) Home parent’s residence. Co-Parent’s residence. The following location: _____________________________________________________________
© TexasLawHelp.org, Exhibit Standard Possession (Visitation) and Access Order – March, 2011 Texas Family Code Chapter 153, Subchapter F Page 4 of 6

However, if the Home Parent and Co-Parent live in the same county when the order is signed and the Co-Parent remains in the county, but the Home Parent moves out of the county, then beginning on the date Home Parent moves, Co-Parent shall return the child/ren to the Home parent at: (Check one.) Co-Parent’s residence. the location designated above. If a period of possession ends at the time the child/ren’s school resumes, the Court ORDERS the CoParent to surrender the child/ren to Home Parent at the end of each such period of possession at the school in which the child is enrolled or, if the child is not in school, at the residence of Home Parent at 7 a.m. If the child/ren will not be delivered to school on that day, Co-Parent shall immediately notify the school and Home Parent that the child/ren will not or has not been returned to school.

Child/ren’s Personal Effects
The Court ORDERS each conservator to return with the child/ren the personal effects that the child brought at the beginning of the period of possession.

Designation of Competent Adult
Each conservator may designate any competent adult to pick up and return the child/ren, as applicable. The Court ORDERS that a conservator or designated competent adult be present when the child/ren is/are picked up or returned.

Notice if Unable to Exercise Possession
The Court ORDERS each conservator to give notice to the person in possession of the child on each occasion that the conservator will be unable to exercise that conservator’s right of possession for any specified period.

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.

© TexasLawHelp.org, Exhibit Standard Possession (Visitation) and Access Order – March, 2011 Texas Family Code Chapter 153, Subchapter F

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5. Warnings —
FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION TO ENFORCE THIS ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS. FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE PARTY’S NOT RECEIVING CREDIT FOR MAKING THE PAYMENT. FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A CHILD DOES NOT JUSTIFY FAILURE TO PAY COURTORDERED CHILD SUPPORT TO THAT PARTY. EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY EVERY OTHER PARTY, THE COURT, AND THE STATE CHILD SUPPORT REGISTRY OF ANY CHANGE IN THE PARTY’S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT, DRIVER’S LICENSE NUMBER, AND WORK TELEPHONE NUMBER. THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED INFORMATION TO THE OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO GIVE NOTICE OF THE CHANGE TO PROVIDE 60-DAYS NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE 5TH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE. THE DUTY TO FURNISH THIS INFORMATION TO EVERY OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD. FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE EVERY OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS. NOTICE SHALL BE GIVEN TO EVERY OTHER PARTY BY DELIVERING A COPY OF THE NOTICE TO EACH PARTY BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED. NOTICE SHALL BE GIVEN TO THE COURT AND THE STATE CASE REGISTRY BY DELIVERING A COPY OF THE NOTICE EITHER IN PERSON TO THE CLERK OF THE COURT OR BY REGISTERED OR CERTIFIED MAIL ADDRESSED TO THE CLERK. NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF CHILD CUSTODY SPECIFIED IN THIS ORDER. A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE OFFICER’S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY CLAIM, CIVIL OR OTHERWISE, REGARDING THE OFFICER’S GOOD FAITH ACTS PERFORMED IN THE SCOPE OF THE OFFICER’S DUTIES IN ENFORCING THE TERMS OF THE ORDER THAT RELATE TO CHILD CUSTODY. ANY PERSON WHO KNOWINGLY PRESENTS FOR LAW ENFORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000. This concludes the Possession (Visitation) Order.
© TexasLawHelp.org, Exhibit Standard Possession (Visitation) and Access Order – March, 2011 Texas Family Code Chapter 153, Subchapter F Page 6 of 6

Exhibit: Child Support Order
1. Person Ordered to Pay IT IS ORDERED that ________________________________________ is the person ordered to pay
(Name of person to pay support)

child support and that he or she must pay child support in the amount and manner described below, until one of the following conditions is met for each child listed in the Decree or Order, or one of the following events occurs: 2. Conditions     The child turns 18 and graduates from high school, or The child has turned 18, and is not meeting the attendance requirements of a high school or other secondary school leading toward a high school diploma, or The child marries, dies, or is emancipated by court order, or The child begins active duty in the US armed forces, or

3. Events    The child’s parents marry each other and live with the child, or The court changes this order, or A court terminates the parent-child relationship between the man ordered to pay child support and the child based on genetic testing results that determine that the man is not the child’s genetic father.

4. Amount Ordered Refer to the Child Support Calculator or Texas Family Code, Chapter 154 for guidelines to help you determine the child support amount. Child support based on those guidelines decreases each time one of the above conditions is met for each child. The person ordered to pay child support is ordered to pay: $ __________ due on the first day of each month, starting the month after this order is signed,until one child meets one of the above conditions or one the above events occurs. $ __________ due the first day of each month, starting the month after one child meets one of the above conditions. $ __________ due the first day of each month, starting the month after a second child meets one of the above conditions. $ __________ due the first day of each month, starting the month after a third child meets one of the above conditions. $ __________ due the first day of each month, starting the month after a fourth child meets one of the above conditions. 5. Person to Receive IT IS ORDERED that child support shall be payable to ____________________________________,
(Name of person to receive child support)

but all child support payments shall be sent to the Child Support State Disbursement Unit, PO Box 659791, San Antonio, TX 78265, where the payment will be recorded and forwarded to the person receiving child support.

© TexasLawHelp.org, Exhibit Child Support May 19, 2011 Texas Family Code, Chapter 154 and 161

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6. Guideline or Non-Guideline Support Check Guideline Support if the child support amount listed is based on the statutory guidelines OR check and complete Non-Guideline Support, if the child support amount listed is not based on the statutory guidelines. Guideline Support: The amount of child support is approximately the amount recommended in the Texas Family Code Guidelines, Chapter 154. Non-Guideline Support: The amount of child support differs significantly from the amount recommended in the Texas Family Code Guidelines, Chapter 154. Today, the Court made these findings in open court concerning this Non-Guideline Support Order: Guideline support would not be appropriate or would be unfair in this case because (explain):

The net monthly income (from all sources) of the person paying child support is $ ____________. The net monthly income (from all sources) of the person receiving child support is $ __________. Actual monthly child support listed on page 1 is $_______, which is______ % of the paying person’s net monthly income. 7. Withholding Order This Court has signed an Order to Employer to Withhold Child Support today. If it is sent to the employer of the person paying child support, the employer will withhold child support payments from the employee’s pay, and send it to the Child Support State Disbursement Unit, PO Box 659791, San Antonio, TX 78265, where the payment will be recorded, and forwarded to the person receiving child support. If you are the person paying child support and your employer withholds less than the monthly child support ordered, you must send the balance owed to the Child Support State Disbursement Unit, PO Box 659791, San Antonio, TX 78265. If all parties agree not to have the employer withhold child support payments yet, check here. The parties agree, and the Court orders that the Order to Employer to Withhold Child Support will not be served on the Employer unless child support payments are more than 30 days late or if the past due amount is the same or more than the monthly child support amount. If the withholding order is not served on the employer, or if the person paying child support is self employed or unemployed, the person paying child support is ordered to send all child support payments to the Child Support State Disbursement Unit, PO Box 659791, San Antonio, TX 78265, where the payment will be recorded, and forwarded to the person receiving child support. Warning! Do not make child support payments directly to the other parent, or you may have to pay it again! 8. Child Support after Death If the person ordered to pay child support dies before this child support order ends, child support is still owed. His or her estate must pay the remaining unpaid child support balance which becomes due when he or she dies.

© TexasLawHelp.org, Exhibit Child Support May 19, 2011 Texas Family Code, Chapter 154 and 161

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9. Life Insurance Policy Check here if both parents want the person paying child support to have a life insurance policy while child support is ordered. The person paying child support under this order will obtain and maintain a life insurance policy for as long as child support is ordered. The value of the policy will be at least as much as the total child support obligation. The person receiving child support under this order must be named beneficiary for the benefit of the children. 10. Child Support Account Both parents must:  Fill out a Request to Establish an Account form,  Take the Request form to your local Domestic Relations Office or county child support liaison within 5 days after the judge orders child support.  Pay a set-up fee and an annual fee, as required by your local office, every year until child support ends. (Texas Family Code § 203.005 (a)(5)) 11. Change of Information / Warnings Each person who is a party to this Order is ordered to notify every other party, the Court, and the state child support registry of any change in the party’s current residence address, mailing address, home telephone number, name of employer, address of employment, driver’s license number, and work telephone number. The party is ordered to give notice of an intended change in any of the required information to the other party, the Court, and the state case registry on or before the 60th day before the intended change. If the party does not know or could not have known of the change in sufficient time to give notice of the change to provide 60-days notice, the party is ordered to give notice of the change on or before the 5th day after the date that the party knows of the change. The duty to furnish this information to every other party, the Court, and the state case registry continues as long as any person, by virtue of this Order, is under an obligation to pay child support or entitled to possession of or access to a child. Failure by a party to obey the Order of this Court to provide every other party, the Court, and the State case registry with the change in the required information may result in further litigation to enforce the order, including contempt of court. A finding of contempt may be punishable by confinement in jail for up to six months, a fine of up to $500 for each violation, and a money judgment for payment of attorney’s fees and court costs. Notice shall be given to every other party by delivering a copy of the notice to each party by registered or certified mail, return receipt requested. Notice shall be given to the Court and the State Case Registry by delivering a copy of the notice either in person to the clerk of the Court or by registered or certified mail addressed to the clerk. Failure to obey a court order for child support or for possession of or access to a child may result in further litigation to enforce this order, including contempt of court. A finding of contempt may be punishable by confinement in jail for up to six months, a fine of up to $500 for each violation, and a money judgment for payment of attorney’s fees and court costs. Failure of a party to make a child support payment to the place and in the manner required by a court order may result in the party’s not receiving credit for making the payment. Failure of a party to pay child support does not justify denying that party court-ordered possession of or access to a child. Refusal by a party to allow possession of or access to a child does not justify failure to pay court-ordered child support to that party.

© TexasLawHelp.org, Exhibit Child Support May 19, 2011 Texas Family Code, Chapter 154 and 161

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Exhibit: Medical Support Order
Warning! If you disobey a Court order to pay for or provide health insurance for the children, the law says you will have to pay for ALL needed and reasonable health costs, even if those costs would not have been covered by an insurance policy.

The Court makes the following orders:
1. Insuring Parent IT IS ORDERED that ______________________________________________________________
(Name of person to pay health insurance/ medical support, Insuring Parent)

must pay for and provide health insurance / medical benefits for the children listed in the attached Decree or Order, in the manner described below, until one of the following conditions is met for each child, or one of the following events occurs: Conditions     The child turns 18 and graduates from high school, or The child has turned 18, and is not meeting the attendance requirements of a high school or other secondary school leading toward a high school diploma, or The child marries, dies, or is emancipated by court order, or The child begins active duty in the US armed forces, or

Events   The child’s parents marry each other and live with the child, or The court changes this order.

The medical benefits must include doctor services, office visits, hospitalization, laboratory, X-ray, and emergency services. 2. Insurance / Medical Benefits The Insuring Parent IS ORDERED to pay for and enroll the children in a health insurance policy offered through either parent’s work or membership in a union or organization, if it is available at a reasonable cost (not more than 9% of his/her annual resources), and it provides doctor services, office visits, hospitalization, laboratory, X-ray, and emergency services. If the Insuring Parent obtains health insurance through the other parent’s work or membership in an organization, that other parent is ordered to include the child in his or her health insurance. The Insuring Parent is ordered to reimburse the other parent for the actual cost of insuring the children in this case, as described below. If insurance is not available through either parent’s work or membership in a union or organization at a reasonable cost, the Insuring Parent IS ORDERED to get insurance / medical benefits for the children using any of these options:

© TexasLawHelp.org, Exhibit: Medical Support Order, February, 2011 Texas Family Code, Chapter 154, Subchapter D Medical Support for Child; Section 154.064

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1. Buy an individual policy to cover the children, and give the other parent the required health insurance information listed below, or 2. Get public health insurance. (For information, contact TexCare Partnership: 1-800-647-6558, www.texcarepartnership.com), or 3. Give the other parent $_____________/ per month in medical support for the children’s health expenses. Payments must be (check one): Mailed to the Child Support State Disbursement Unit on the1st day each month, or Withheld by the Insuring Parent’s Employer. The Insuring Parent is not required to make these payments if he or she obtains health insurance for the child and provides proof of insurance to the other parent, and any other party to the case. 3. Information to be Provided The Insuring Parent must give the other parent the following information, within 30 days of the date of this Order:  Name of the health insurance company, policy number, copy of the policy, and a list of covered benefits,  Proof that the children are covered under this policy,  A health insurance membership card, claim forms, and any other information needed to submit a claim, if applicable,  The Insuring Parent’s Social Security Number and name and address of the Insuring Parent’s employer and the type of insurance available through his/her employment. 4. Notice of Changes to Insurance / Medical Benefits 1. If the insurance benefits are renewed, cancelled, or changed in any way, the Insuring Parent must send the new information to the other parent within 15 days of the change. 2. If the Insuring Parent is no longer eligible for coverage, s/he must provide other health insurance within 10 days of losing coverage. The new insurance must provide as much, or more, coverage for the children. 5. Reimbursement for Actual Cost to Insure Children in this Case If the Insuring Parent obtains health insurance for the children through the other parent's employment, the Insuring Parent must reimburse the other parent the actual cost of insuring the children in this case (but not more than 9% of the Insuring Parent's annual resources). If the other parent has other children covered by the same health insurance plan, determine the actual cost of insuring the children in this case by doing this: Divide the total cost of insuring all children covered by the plan by the total number of children insured. Then, multiply that number by the number of children in this case. The Insuring Parent is ORDERED to pay the actual cost of the health insurance for the children as additional child support, with the first payment of $__________ due on the first day of the first month after this Decree is signed, and a like payment due on the first day of each month thereafter, until there is a change in the actual cost of the health insurance for the children in this case. Starting on the first day of the month after each change in the actual cost of health insurance for the children in this case, the Insuring Parent is ordered to pay the other parent the actual cost of insuring the children, and must continue to make like monthly payments on the first day of each month thereafter until there is another change in the actual cost of health insurance for the children in this case.

© TexasLawHelp.org, Exhibit: Medical Support Order, February, 2011 Texas Family Code, Chapter 154, Subchapter D Medical Support for Child; Section 154.064

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IT IS ORDERED that these additional payments for reimbursement of health insurance expenses shall be made through the Child Support State Disbursement Unit, PO Box 659791, San Antonio, Texas, 78265, and thereafter promptly remitted to the other parent for support of the children. IT IS FURTHER ORDERED that payments made by the Insuring Parent for the reimbursement of health insurance premiums to the other parent shall stop if the Insuring Parent enrolls the children in a health insurance or medical benefits program, as described above, and the Insuring Parent provides the other parent or the IV-D agency, if needed, the information listed in paragraph III, above. If the insurance company sends reimbursement for services, it must be given to the parent who made the expense, within 3 days. If payment is not in that parent’s name, the other parent will endorse the check and forward the payment. 6. Filing Claims Either parent may file a claim. If claim forms or other information are needed for reimbursement, the parents must provide that information within 10 days of the request. 7. Additional Insurance Either parent may get additional health insurance for the children, at his/her own cost. If the additional insurance expands coverage for the children, the parents are ordered to make the benefits available. 8. Costs not covered by Insurance A. If the insurance does not cover all of the health care costs, the parents must each pay half (50%) of the health care costs not covered by the insurance, including:    Annual deductibles Co-pays Charges for dental, vision, and orthodontic care

 Charges for prescription drugs (Travel costs and the cost of over-the-counter drugs are NOT included.) B. Notify the other parent about health care costs: Each parent must notify the other parent of the health care costs incurred within 10 days. After being notified, the other parent has 10 days to pay his/her portion of the health care cost. The court considers all health care costs to be reasonable, even if denied by the health insurance company. 9. For Paternity Cases and Suits Affecting the Parent-Child Relationships Check here if the Father will pay for 50% of the mother's pregnancy-related health care expenses. (You can only ask for this if this is the first Health Insurance Order for the child/ren in this case.) The father IS ORDERED to pay 50% of the mother’s pregnancy-related health care expenses for the child/ren listed below: Child’s Name 1. 2. 3. 4. 5. 6. Date of Birth

© TexasLawHelp.org, Exhibit: Medical Support Order, February, 2011 Texas Family Code, Chapter 154, Subchapter D Medical Support for Child; Section 154.064

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Exhibit: Family Information
Required by Texas Family Code, sections 105.006 and 105.007 Important! If giving this information to the other parent (or other person involved in this case) is likely to cause you or your children to be harassed, abused, seriously harmed or injured, you may ask the court to order, after notice and hearing, that the information not be given to the other parent (or other person involved in this case). Find an Order on Request to Keep Family Information Confidential at www.FreeTexasForms.org. If any family information requested on this form changes while a custody or support order is in effect, you must notify:   each person named as a party in this case, the Court, and

 the State Child Support Registry Notification must be at least 60 days before the change. If you did not know about the change 60 days before it happened, notification must be on or before the 5th day after you know of the change. You must send written notice of any change to each person named as a party in this case by registered or certified mail, return receipt. Notify the Court by delivering a copy of the notice either in person to the clerk of this Court or by registered or certified mail addressed to the District Clerk’s Office of this County. Notify the State Child Support Registry by mailing a copy of the notice to State Case Registry, Contract Services Section, MC046S, P.O. Box 12017, Austin, Texas 78711-2017. Print your answers. Name of person completing this form: ______________________________________________ 1. Mother’s Information Name: Home Address: Mailing Address: Home phone # ( ) Work phone #: ( )

FULL Social Security #: ___ ___ ___ --___ ___ --___ ___ ___ ___ Driver’s License #: Employer: Work address: 2. Father’s Information Name: Home Address: Mailing Address: Home phone #: ( ) Work phone #: ( ) Issuing state:

FULL Social Security #: ___ ___ ___ --___ ___ --___ ___ ___ ___ Driver’s License #: Employer: Work address: Issuing state:

© TexasLawHelp.org, Exhibit: Family Information, June 2011 Texas Family Code, Section 105.006(c)

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3. Other Person Named as a Party in this Case (If Applicable) Name: Relationship to Children: Home Address: Mailing Address: Home phone #: Driver’s License #: Employer: Work address: 4. Child (under 18) Name Home Address: Home phone #: School: 5. Child (under 18) Name Home Address: Home phone #: School: 6. Child (under 18) Name Home Address: Home phone #: School: 7. Child (under 18) Name Home Address: Home phone #: School: 8. Child (under 18) Name Home Address: Home phone #: School: ( ) FULL Social Security #: __ __ __ -__ __ -__ __ __ __ School Address: ( ) FULL Social Security #: __ __ __ -__ __ -__ __ __ __ School Address: ( ) FULL Social Security #:__ __ __ -__ __ -__ __ __ __ School Address: ( ) FULL Social Security #:__ __ __ -__ __ -__ __ __ __ School Address: ( ) FULL Social Security #:__ __ __ -__ __ -__ __ __ __ School Address: ( ) Work phone #: Issuing state: ( ) FULL Social Security #: ___ ___ ___ --___ ___ --___ ___ ___ ___

If more than 5 children, list their information on another sheet and attach it to this form.
© TexasLawHelp.org, Exhibit: Family Information, June 2011 Texas Family Code, Section 105.006(c) Page 2 of 3

9. Warnings EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY EVERY OTHER PARTY, THE COURT, AND THE STATE CHILD SUPPORT REGISTRY OF ANY CHANGE IN THE PARTY’S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT, DRIVER’S LICENSE NUMBER, AND WORK TELEPHONE NUMBER. THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED INFORMATION TO THE OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO GIVE NOTICE OF THE CHANGE TO PROVIDE 60-DAYS NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE 5TH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE. THE DUTY TO FURNISH THIS INFORMATION TO EVERY OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD. FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE EVERY OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS. NOTICE SHALL BE GIVEN TO EVERY OTHER PARTY BY DELIVERING A COPY OF THE NOTICE TO EACH PARTY BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED. NOTICE SHALL BE GIVEN TO THE COURT AND THE STATE CASE REGISTRY BY DELIVERING A COPY OF THE NOTICE EITHER IN PERSON TO THE CLERK OF THE COURT OR BY REGISTERED OR CERTIFIED MAIL ADDRESSED TO THE CLERK.

© TexasLawHelp.org, Exhibit: Family Information, June 2011 Texas Family Code, Section 105.006(c)

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Notice: If your case has a Child Support or Spousal Support Order, fill out this form. In the Matter of the Marriage of: ________________________________________ and ________________________________________ AND/OR In the interest of (List children under 18): 1 Name: 2 Name: 3 Name: 4 Name: 5 Name: 6 Name: Fill out below exactly as it appears on your Petition. Cause No: In the (check one): District County Court of:

______________________________ County, Texas

This Order is (check one):
New Updated

Order to Employer to Withhold Support
1. Employee
The Court orders you, the Employer, to withhold income from the paycheck of: (name of Employee, person paying child support):
First Name Street address Middle Name City Last Name State Social Security No. Zip

2. Recipient
The State will send the income you withhold to: (name of person receiving child support)
First Name Street address Middle Name City Last Name State Zip

3. Payment Information
You must withhold the amount on page 2 of this form starting next pay period. Mail the amount withheld to: Texas State Disbursement Unit, P.O. Box 659791, San Antonio, TX 78265-9791 Also include:     Employee’s name and SSN (above) Court case number (see the top right corner of this page) Amount withheld and the first and last date of the pay period Name of recipient (above)

© TexasLawHelp.org Order to Withhold Child Support, July, 2011 Texas Family Code, Chapter 158

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4. Amount to Withhold
The employee is ordered to pay the following amounts: $ /month child support +$ /month medical support +$ /month arrearage +$ /month spousal support =$ = MONTHLY TOTAL

The Court ORDERS you to withhold the following amounts from the employee’s earnings: if paid monthly $ $ if paid twice monthly (= monthly amount ÷ 2) $ if paid every other week (= monthly amount x 12, ÷ 26 ) $ if paid weekly (= monthly amount x 12, ÷ 52 )

When one child under this order no longer requires child support, you are ordered to withhold the following amounts from the employee’s earnings: $ $ if paid monthly if paid twice monthly $ $ if paid every other week if paid weekly

When two children under this order no longer require child support, you are ordered to withhold the following amounts from the employee’s earnings: $ $ if paid monthly if paid twice monthly $ $ if paid every other week if paid weekly

When three children under this order no longer require child support, you are ordered to withhold the following amounts from the employee’s earnings: $ $ if paid monthly if paid twice monthly $ $ if paid every other week if paid weekly

When four children under this order no longer require child support, you are ordered to withhold the following amounts from the employee’s earnings: $ if paid monthly $ if paid every other week $ if paid twice monthly $ if paid weekly When five children under this order no longer require child support, you are ordered to withhold the following amounts from the employee’s earnings: $ $ if paid monthly if paid twice monthly $ $ if paid every other week if paid weekly

Date of Judgment

Judge’s Signature

© TexasLawHelp.org Order to Withhold Child Support, July, 2011 Texas Family Code, Chapter 158

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— Information for Employer —
Do I have to withhold money from the employee’s paycheck? Yes. This is a Court Order. You must obey the instructions on page 1 of this form. It is against the law to discriminate against an employee because of an Order to Withhold Child Support. Warning! If you discriminate against an employee because of a Withholding Order, you can be fined. How long do I have to withhold? You must withhold earnings until:  The child turns 18 and you receive a notice of the child’s graduation or completion of attendance requirements, or  The child marries, dies, or is emancipated by court order, or  The child begins active duty in the U.S. armed forces, or  The child’s parents marry each other and live with the child, or  The court changes this Order, or  A court terminates the parent-child relationship between the man ordered to pay child support and the child based on genetic testing results that determine the man is not the child’s genetic father. What if one of the children no longer needs support? You may reduce withholding when one of the children no longer needs support. See the withholding schedule on page 2. What if the employee stops working for me? You must notify the Court and the Recipient within 7 days of the employee’s last day of work. You must also give the court this information:  Employee’s name and case #  Employee’s last known address  Date of Employee’s last day of work  Name and address of the new employer (if you know it). What if there is more than one Order to withhold for this employee? You must give priority to this Order. But, you may also withhold for other orders if the total withholding is not more than 50% of the employee’s net income. Caution: You must make a separate withholding payment for each Order. What if the support amount is more than 50% of this employee’s income? You cannot withhold more than 50% of the employee’s net income. The law says you must do your best to honor all Notices and Orders you receive. Can I withhold a lower amount of monthly support than the Order says? Sometimes. If the monthly support ordered is more than 50% of the employee’s net monthly income, only withhold 50% of the net monthly income. Can I submit the withheld amount online? Yes. The State of Texas has an easy way for employers to make withholding payments online. This site can also answer many of your questions. https://portal.cs.oag.state.tx.us/wps/portal/Emplo yerHome

What is included in employee earnings? Employee earnings include wages, salary, subcontractor pay, overtime pay, commission, bonus, pension payment, disability, retirement income, and any other income from this job. Where can I learn more about child support laws? To read the child support laws, look for Texas Family Code, Chapter 158 (C) on the Internet at www.statutes.legis.state.tx.us/ What if I have questions? Contact the State Child Enforcement Agency online: www.oag.state.tx.us/agency/contacts.shtml © TexasLawHelp.org Order to Withhold Child Support, July, 2011 Texas Family Code, Chapter 158

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