IN THE ______ JUDICIAL DISTRICT COURT OF EL PASO COUNTY, TEXAS IN THE MATTER OF THE MARRIAGE OF: ) _____________________________________ ) ) AND ) _____________________________________ ) ) AND IN THE INTEREST OF: ) _____________________________________ _____________________________________ ) ) NO.: _______CM___________ ASSOCIATE JUDGE'S FINDINGS ON MOTION FOR ENFORCEMENT OF CHILD-SUPPORT ORDER On the ____ day of _____________, 20______ the above cause came on to be heard. APPEARANCES MOVANT _____________________________________,SSN.:_____________________________. p appeared in person and by attorney __________________________, and announced ready. p appeared in person and announced ready p having been duly cited failed to appear and wholly made default. p having previously appeared and been notified of this hearing failed to appear. RESPONDENT ________________________________,SSN.:_____________________________, p appeared in person and by attorney __________________________, and announced ready. p appeared in person and announced ready p waived service of citation and did not appear. p having been duly cited failed to appear and wholly made default p having previously appeared and been notified of this hearing failed to appear. _________________________________________________________________________________________________ RECORD p A record was not taken. p A record was taken by Stephanie Taylor/Cecilia Looney/or __________________________. _________________________________________________________________________________________________ The Court, having read the pleadings, heard evidence and argument of counsel, is of the opinion that the following ORDERS should be entered: p p FINDINGS the Court finds that RESPONDENT is NOT GUILTY of Contempt. the Court finds that RESPONDENT IS GUILTY of Contempt in that Respondent has failed to comply with the provisions of an order dated _____________, ______, that appears in the minutes of the court, wherein Respondent was ordered to make periodic payments of child support to Movant through the Office of the Local Registry of the Domestic Relations Office, Room LL108, El Paso County Courthouse. CONTEMPT FINDINGS AND FINDINGS ON ARREARS p p the Court finds that Respondent is in contempt of court for failing to pay to Movant through the Office of the District Clerk of El Paso County, Texas the full amount of child support due on each of the payment dates as follows: the Court finds no contemp, but does find an arrearage as follows: _____________________________________ 1 American LegalNet, Inc. www.USCourtForms.com _________________________________________________________________________________________________. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 COUNT/DATE /DUE - FAILED TO PAY ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 COUNT/DATE/DUE - FAILED TO PAY ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ ____/____/____$____________ 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 COUNT/DATE/ DUE-FAILED TO PAY ____/____/____$_____________ ____/____/____$_____________ ____/____/____$_____________ ____/____/____$_____________ ____/____/____$_____________ ____/____/____$_____________ ____/____/____$_____________ ____/____/____$_____________ ____/____/____$_____________ ____/____/____$_____________ ____/____/____$_____________ ____/____/____$_____________ ____/____/____$_____________ ____/____/____$_____________ ____/____/____$_____________ ____/____/____$_____________ ____/____/____$_____________ ____/____/____$_____________ ____/____/____$_____________ ____/____/____$_____________ TOTAL $___________ _________________________________________________________________________________________________ p the Court finds that Respondent was able to pay child support in the amounts and on the dates ordered as set out above and that Respondent is guilty of a separate act of contempt for each such separate failure to pay child support in the amounts ordered. p the Court finds that on the day of this hearing Respondent has the ability to comply with the order of the Court by paying the child support arrearages set forth in violations _______________ enumerated herein. p the Court finds and confirms that Respondent is in arrears in the amount of $__________ for the period ________________ through _________________, and that judgment should be awarded against Respondent in that amount. _________________________________________________________________________________________________ ATTORNEY'S FEES/COSTS p None assessed. p the Court finds that reasonable attorney's fees and costs in the following amounts be assessed against Respondent: Attorney's fees $___________; Costs $_____________, p the Court finds that attorney's fees and costs assessed against Respondent shall be deemed as additional child support and payable as follows: In addition to the regularly scheduled child support payment of $_________ and $________ as payment on the child support arrearages, if any, Respondent shall pay an additional $__________ per month for _______ months as attorney's fees and cost assessed herein, for a total monthly payment of $_________, OR, PAYABLE AS FOLLOWS: _________________________________________________________________________________________________ _________________________________________________________________________________________________. CRIMINAL CONTEMPT p IT IS ORDERED that punishment for each separate violation is assessed at a fine of $_________ and confinement in the county jail of El Paso County, Texas for a period of ______________, OR p IT IS ORDERED that Respondent is committed to the county jail of El Paso County, Texas, for a period of_________ days for each separate violation enumerated herein. 2 American LegalNet, Inc. www.USCourtForms.com CIVIL CONTEMPT IT IS ORDERED that Respondent shall be confined in the county jail of El Paso County, Texas, until Respondent complies with the provisions of the order as follows: p $________________ as payment of child-support arrearages payable through the Local Registry of the Domestic Relations Office, Room LL108, El Paso County Courthouse. p $________________ as court costs and attorney's fees payable to Movant's attorney at his/her law office located at _________________________________, El Paso, Texas. SUSPENSION OF COMMITMENT AND PROBATION Commitment is suspended and Respondent placed on probation for a period of _____________ on the following terms and conditions: PAYMENT OF ARREARAGE p LUMP SUM PAYMENT - pay $___________ in cash or by money order to Movant, through the Domestic Relations Office of El Paso County, Texas, on or before _________________, _______, as payment on the arrearage. p INSTALLMENT S - pay $____________ in cash or by money order to Movant, through the Domestic Relations Office of El Paso County, Texas, on the _________ day of each (month/week) with the first payment due on _____________, _________, and continuing in the same amount and frequency on every _______________ thereafter, until the full arrearage is paid. p OTHER - payment of the arrearage of $____________, by check or money order, to Movant, through the Domestic Relations Office of El Paso County, Texas, as follows: ______________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________. Any check returned for non-sufficient funds will be considered a failure to pay and violation of the terms of suspension. q D.R.O.: Respondant is ordered to appear at the Domestic Relations Office by ______________________, and is ordered to comply with all terms of probation set forth herein or in a separate document to be attached hereto or to a final order as Exhibit “A”. PAYMENT OF ATTORNEY'S FEES/COURT COSTS p pay $_________ as court costs to Movant's attorney at _______________________, El Paso, Texas, on or before ___________________, 20_______; p pay $_________ as attorney's fees to Movant's attorney at ____________________ El Paso, Texas, on or before _______________, 20_____. The attorney may enforce this order for attorney’s fees in the attorney’s own name. q pay $_____________ as attorney’s fees to movant’s attorney at __________________________________ by paying installments as follows: ___________________________________________________________________ _________________________________________________________________________________________________ TERMS AND CONDITIONS OF PROBATION p Under Court Supervision p Report to the Probation Officer as follows: ________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ JUDGMENT FOR ARREARAGE p Judgment granted in the amount of $____________, shall bear interest at ______ percent per annum compounded annually from the date this order is signed, for which let execution issue. 3 American LegalNet, Inc. www.USCourtForms.com COMPLIANCE HEARING Respondent is ORDERED to appear before this Court on __________________, _______, at __________ o'clock _____.m., for a hearing to determine whether Respondent has complied with the terms and conditions of Respondent's probation and for suspension of commitment under this order and, if not, for commitment. ADDITIONAL ORDERS __________________________________________________________________________________________________ _____________________________________________________________________________________________ _________________________________________________________________________________________________ APPROVALS: _____________________________________ ATTORNEY FOR MOVANT ______________________________ MOVANT _____________________________________________ ATTORNEY FOR RESPONDENT ______________________________________ RESPONDENT R E C O M M E N D E D B Y: _____________________________________ on ________________, ________. Associate Judge The Associate Judge’s findings and recommendations are ADOPTED, CONFIRMED and so ORDERED on ____________________________, 20________. ___________________________________ JUDGE PRESIDING PURSUANT TO T.R.C.P., Rule 305, any party may prepare and submit a proposed judgement to the court for signature. The attorneys in this cause are hereby directed to prepare the proposed judgement and appear on the ______ day of ___________, 20_____, at 9:30 a.m., to enter judgement of this cause. Attorney for Petitioner / Respondent / Intervenor shall prepare the order. Pursuant to sec. 201.015, Govt. Code, a party may appeal an Associates Judge’s conclusion and recommendation 4 American LegalNet, Inc. www.USCourtForms.com