[caption]

MOTION FOR ENFORCEMENT OF CHILD SUPPORT ORDER

AND ORDER TO APPEAR
This Motion for Enforcement of Child Support Order is brought by [movant's name order
on mtn for enforcement], Movant, ______.**[*[ The last three numbers of ______'s driver's
license number are ______.]**[ ______ has not been issued a driver's license.]**[ The last three
numbers of ______'s Social Security number are ______.]**[ ______ has not been issued a
Social Security number.]*]****[*[ The last three numbers of ______'s driver's license number
are ______.]**[ ______ has not been issued a driver's license.]**[ The last three numbers of
______'s Social Security number are ______.]**[ ______ has not been issued a Social Security
number.]*]**
1.

Discovery in this case is intended to be conducted under [level 2/level 3] of rule

190 of the Texas Rules of Civil Procedure.

*[

2.

Movant objects to the assignment of this matter to an associate judge for a trial on

the merits or presiding at a jury trial.

]*

3.

The child[ren] the subject of this suit [is/are]:

*Name: ______
Sex: ______
Birth date: ______
**[

4.

This Court has continuing, exclusive jurisdiction of this

case as a result of prior proceedings.

]**[

5.

A motion to transfer under chapter 155 of the Texas Family

Code has been filed with the Court simultaneously with this motion.
]*

6.

The parties entitled to notice are as follows:

a.

Respondent, [respondent's name order mtn for enforcement], who is

______.
*[

Process should be served*[ at *______, ______, ______, ______*]**[ at *______,

______, ______, ______*]*.]**[

Respondent was ordered under chapter 105 of the Texas

Family Code to provide the clerk of the Court with a current mailing address. Respondent will
be notified of this motion by the mailing of a copy of this motion and a notice of hearing by firstclass mail to the address designated by Respondent on file with the clerk of the Court.]**[
No service is necessary at this time.]*
*

b.

______, who is *[the person entitled to receive payments on behalf of the

child[ren]]**[______]* in the order sought to be enforced.

*[

Process should be served*[ at ______]*.

]**[ No service is necessary at this time.

]**7. On ______*[ in Cause No. ______, styled "______," in ______ of ______
County,]* [this/the] Court signed an order that appears in the minutes of [this/the] Court
at volume ______, page ______, and states in relevant part as follows: ______.
Movant was the [petitioner/respondent] and Respondent was the [Respondent/Petitioner]
in the prior proceedings.
8.

Respondent has violated the order described above as follows:

[respondent's name order mtn for enforcement], Respondent, is in contempt of court for
failing to pay to Movant the full amount of child support due on each of the payment
dates shown [below/in attached exhibit].*[
Violation Date Due

Date Paid

Amount Due

Amount Paid

1.

______

______

______

*
*

______

]**[

[A copy/copies] of the record[s] of child support payments maintained by [agencies with

records] [is/are] attached to this motion.

]**[

[respondent's name order mtn for enforcement], Respondent, is in contempt of court for

failing to pay to Movant $[balance of fees and costs] in [attorney's fees/court costs/attorney's fees
and court costs] as ordered.
]*

9.

Movant requests that for each violation alleged above, Respondent be held in

contempt, jailed for up to 180 days, and fined up to $500, and that each period of confinement
run and be satisfied [concurrently/consecutively].
10.

Movant believes, based on the repeated past violations of the Court's order by

Respondent, that Respondent will continue to fail to comply with the order. Movant requests
that Respondent be held in contempt, jailed, and fined for each failure to comply with the Court's
order from the date of this filing to the date of the hearing on this motion. Specifically,
Respondent has been ordered to pay child support under the order sought to be enforced on each
of the following future dates and in the following amounts:

*[

11.

Date Due
Amount Due
*
______
______
*
Movant requests that Respondent be confined in the county jail until Respondent

complies with the order of the Court.

]*

12.

Respondent's total arrearage at the time of filing is $[total arrears]*[, including $

[confirmed arrears] owed on previously confirmed arrearages and $[unconfirmed arrears] in

unpaid child support not previously confirmed]*. Movant requests confirmation of all arrearages
and rendition of judgment plus interest on arrearages, attorney's fees, and costs. Movant requests
the Court to order income withheld for the arrearages, attorney's fees, costs, and interest.

13.

Movant requests that Respondent be placed on community supervision for ten

years on release from jail or suspension of commitment.

14.

Respondent has been in arrears for thirty days or more for some portion of the

amount due and is in arrears for an amount equal to at least one month's support. Movant
requests the Court to order income withheld for current child support or order a bond or security.
15.

Movant requests that, if the Court finds that any part of the order sought to be

enforced is not specific enough to be enforced by contempt, the Court enter a clarifying order
more clearly specifying the duties imposed on Respondent and giving Respondent a reasonable
time within which to comply.
*[

16.

Respondent has in Respondent's possession, custody, or control documents that

will demonstrate the nature and extent of Respondent's ability to have paid child support, and
Respondent should be ordered to produce at the offices of ______, ______, on or before ______
on the fiftieth day following the date of service of this motion, to be inspected, sampled,
photographed, tested, or copied, the originals or true copies of the following documents in
Respondent's possession, custody, or control:
a.

Respondent's ______ federal income tax return;

b.

all payroll stubs, vouchers, commission checks, and records of

commissions and all written records or evidence of income received by Respondent from
any source for the period beginning ______ through the date of production; and
c.

all documentation of child support payments made outside the court order,

if any.
]*

17.

It was necessary to secure the services of ______, a licensed attorney, to enforce

and protect the rights of [movant's name order on mtn for enforcement] and the child[ren] the

subject of this suit. Respondent should be ordered to pay reasonable attorney's fees, expenses,
and costs, and a judgment should be rendered in favor of the attorney and against Respondent
and be ordered paid directly to the undersigned attorney, who may enforce the judgment in the
attorney's own name. Movant requests postjudgment interest as allowed by law.
Movant prays that Respondent be held in contempt and punished as requested, that a
judgment be granted for arrearage plus interest on arrearages, that the Court order community
supervision, that the Court order income withheld for child support, child support arrearages,
attorney's fees, and costs or order a bond or security, that the Court clarify any part of its prior
order found not specific enough to be enforced by contempt, for attorney's fees, expenses, costs,
and interest, and for all further relief authorized by law.
Respectfully submitted
[attorney signature block]
Order to Appear
Respondent, [respondent's name order mtn for enforcement], is ORDERED to appear and
respond to this Motion for Enforcement of Child Support Order in ______ on

at

. m. The purpose of this hearing is to determine whether the relief requested in this motion
should be granted.
*[

The Court ORDERS Respondent, [respondent's name order mtn for enforcement], to

comply with the request for production contained in paragraph [paragraph number] of the
Motion for Enforcement of Child Support Order by producing at the offices of ______, ______
on or before ______ on the fiftieth day following the date of service of this motion, to be
inspected, sampled, photographed, tested, or copied, the originals or true copies of the following
documents in Respondent's possession, custody, or control:
a.

Respondent's ______ federal income tax return;

b.

all payroll stubs, vouchers, commission checks, and records of commissions and

all written records or evidence of income received by Respondent from any source for the period
beginning ______ through the date of production; and
c.
]**[

all documentation of child support payments made outside the court order, if any.

It is further ordered that any authorized person eighteen years of age or older who is not a

party to or interested in the outcome of this suit may serve any citation, notice, or process in this
case.
]*
SIGNED on

JUDGE PRESIDING
*[

EXHIBIT ______
DELINQUENT CHILD SUPPORT

DATE
*
______
*

TYPE

UNPAID
BALANCE
ON THIS
OBLIGATION
TO DATE

OBLIGATION
AMOUNT

______ ______

______

PAYMENT
AMOUNT

______

UNCON.
OBLIGATION

______

INTEREST
ON
UNCON.
OBLIGATION
______

Legend:
"O" - Obligation
"P" - Payment
"D" - Debit
"F" - Final accrual of interest
Remaining Balances Owed:
Unconfirmed obligations:
Interest on unconfirmed obligations:
Confirmed obligations:
Interest on confirmed obligations:
*[COMMENT: "UNPAID BALANCE ON THIS OBLIGATION TO DATE" will not reflect any debits.
]*

]*

$______
$______
$______
$______

CONFIRMED
OBLIGATION

______

INTEREST
ON CONFIRMED
OBLIGATION
______