Preview
360-459062-09 FILED
TARRANT COUNTY
8/25/2017 3:59 PM
THOMAS A. WILDER
NOTICE: THIS DOCUMENT DISTRICT CLERK
CONTAINS SENSITIVE DATA
NO. 360-459062-09
IN THE INTEREST OF § IN THE DISTRICT COURT
§
AUDIE NOVOTNEY AND MADILYN § 360th JUDICIAL DISTRICT
NOVOTNEY §
§
CHILDREN § TARRANT COUNTY, TEXAS
FIRST AMENDED MOTION TO SIGN ORDER IN SUIT TO MODIFY PARENT-
CHILD RELATIONSHIP AND INCOME WITHHOLDING ORDER
This First Amended Motion to Sign Order in Suit to Modify Parent-Child Relationship
and Income Withholding Order is brought by Destiny Connolly, Respondent, moving the Court
to sign the Order in Suit to Modify Parent-Child Relationship and Income Withholding Order in
the fmms attached to this motion.
Respectfully submitted,
Law Office of Carole Cross
464 Mid Cities Boulevard
Hurst, Texas 76054
Tel: (817) 265-8300
Fax: (817) 459-2850
/Y,, v ,, /J , - -
By:~~~~,S
Carole Cross
State Bar No. 05127350
Carole@carolecrosslaw.com
Attorney for Destiny Connolly
Page 1- First Amended Motion to Sign- Connolly
Certificate of Service
I certify that a true copy of the above was sent via e-mail: yentovon@gmail.com,
certified mail and regular mail to David Novotney, Petitioner, 507 Chesopeian Trail, Virginia
Beach, Virginia 23452 in accordance with the Texas Rules of Civil Procedure on August 25,
2017.
Carole Cross
Attorney for Destiny Connolly
Page 2- First Amended Motion to Sign- Connolly
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
NO. 360-459062-09
IN THE INTEREST OF § IN THE DISTRICT COURT
§
AUDIE NOVOTNEY AND MAD ILYN § 360 1h JUDICIAL DISTRICT
NOVOTNEY §
§
CHILDREN § TARRANT COUNTY, TEXAS
ORDER IN SUIT TO MODIFY PARENT-CHILD RELATIONSHIP
On August_, 2017, the Court heard this case.
Appearances
Petitioner, David Novotney, appeared in person, and announced ready for trial.
Respondent, Destiny Connolly, appeared in person and announced ready for trial.
Consent by Person with Right to Designate Primary Residence
Destiny Connolly, who has the exclusive right to designate the primary residence of the
children, has consented to the te1ms of this order as evidenced by Destiny Connolly's signature
below.
Jurisdiction
The Court, after examining the record and the evidence and argument of counsel, finds
that it has jurisdiction of this case and of all the pmiies and that no other court has continuing,
exclusive jurisdiction of this case. All persons entitled to citation were properly cited.
Jury
A jury was waived, and all questions of fact and of law were submitted to the Comi.
Page 1- Order in Suit to Modify Parent-Child Relationship- Connolly
Record
The record of testimony was duly reported by the court reporter for the 360th Judicial
District Court.
Children
The Court finds that the following children are the subject of this suit:
Name: Audie Novotney
Sex: Male
Birth date: February 2, 2008
Home state: Florida
Social Security number: xxx-xx-x900
Name: Madilyn Novotney
Sex: Female
Birth date: June 30, 2009
Home state: Florida
Social Security number: xxx-xx-x252
Findings
The Court finds that the material allegations in the petition to modify are true and that the
requested modification is in the best interest of the children. IT IS ORDERED that the requested
modification is GRANTED in part and DENIED in part.
Parenting Plan
The Court finds that the provisions in these orders relating to the rights and duties of the
parties with relation to the children, child support, and optimizing the development of a close
and continuing relationship between each party and the children constitute the parties' agreed
parenting plan.
Conservator ship
The Comi finds that the following orders are in the best interest of the children.
Page 2- Order in Suit to Modify Parent-Child Relationship- Connolly
IT IS ORDERED that David Novotney and Destiny Connolly are appointed Joint
Managing Conservators of the following children: Audie Novotney and Madilyn Novotney
IT IS ORDERED that, at all times, Destiny Connolly, as a parent joint managing
conservator, shall have the following rights:
1. the right to receive information from any other conservator of the children
concerning the health, education, and welfare of the children;
2. the right to confer with the other parent to the extent possible before making a
decision concerning the health, education, and welfare of the children;
3. the right of access to medical, dental, psychological, and educational records of
the children;
4. the right to consult with a physician, dentist, or psychologist of the children;
5. the right to consult with school officials concerning the children's welfare and
educational status, including school activities;
6. the right to attend school activities;
7. the right to be designated on the children's records as a person to be notified in
case of an emergency;
8. the right to consent to medical, dental, and surgical treatment during an
emergency involving an immediate danger to the health and safety of the children; and
9. the right to manage the estates of the children to the extent the estates have been
created by the parent or the parent's family.
IT IS ORDERED that, at all times, David Novotney, as a parent joint managmg
conservator, shall have the following rights:
1. the right to receive information from any other conservator of the children
concerning the health, education, and welfare of the children;
2. the right to confer with the other parent to the extent possible before making a
decision concerning the health, education, and welfare of the children;
3. the right of access to medical, dental, psychological, and educational records of
the children;
Page 3- Order in Suit to Modify Parent-Child Relationship- Connolly
4. the right to consult with a physician, dentist, or psychologist of the children;
5. the right to consult with school officials concerning the children's welfare and
educational status, including school activities;
6. the right to attend school activities;
7. the right to be designated on the children's records as a person to be notified in
case of an emergency;
8. the right to consent to medical, dental, and surgical treatment during an
emergency involving an immediate danger to the health and safety of the children; and
9. the right to manage the estates of the children to the extent the estates have been
created by the parent or the parent's family.
IT IS ORDERED that, at all times, David Novotney and Destiny Connolly, as parent
joint managing conservators, shall each have the following duties:
1. the duty to inform the other conservator of the children in a timely manner of
significant infonnation concerning the health, education, and welfare of the children;
2. the duty to inform the other conservator of the children if the conservator resides
with for at least thirty days, marries, or intends to marry a person who the conservator knows is
registered as a sex offender under chapter 62 of the Texas Code of Criminal Procedure or is
cmTently charged with an offense for which on conviction the person would be required to
register under that chapter. IT IS ORDERED that notice of this information shall be provided to
the other conservator of the children as soon as practicable, but not later than the fo1iieth day
after the date the conservator of the children begins to reside with the person or on the tenth day
after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include
a description of the offense that is the basis of the person's requirement to register as a sex
offender or of the offense with which the person is charged. WARNING: A CONSERVATOR
COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE
CONSERVATOR FAILS TO PROVIDE THIS NOTICE;
3. the duty to inform the other conservator of the children if the conservator
establishes a residence with a person who the conservator knows is the subject of a final
protective order sought by an individual other than the conservator that is in effect on the date
the residence with the person is established. IT IS ORDERED that notice of this information
shall be provided to the other conservator of the children as soon as practicable, but not later
than the thirtieth day after the date the conservator establishes residence with the person who is
the subject of the final protective order. WARNING: A CONSERVATOR COMMITS AN
OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR
FAILS TO PROVIDE THIS NOTICE;
Page 4- Order in Suit to Modify Parent-Child Relationship- Connolly
4. the duty to inform the other conservator of the children if the conservator resides
with, or allows unsupervised access to a child by, a person who is the subject of a final
protective order sought by the conservator after the expiration of sixty-day period following the
date the final protective order is issued. IT IS ORDERED that notice of this information shall be
provided to the other conservator of the children as soon as practicable, but not later than the
ninetieth day after the date the final protective order was issued. WARNING: A
CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C
MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; and
5. the duty to inform the other conservator of the children if the conservator is the
subject of a final protective order issued after the date of the order establishing conservatorship.
IT IS ORDERED that notice of this information shall be provided to the other conservator of the
children as soon as practicable, but not later than the thirtieth day after the date the final
protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE
PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO
PROVIDE THIS NOTICE.
IT IS ORDERED that, during her periods of possession, Destiny Connolly, as parent
joint managing conservator, shall have the following rights and duties:
1. the duty of care, control, protection, and reasonable discipline of the children;
2. the duty to support the children, including providing the children with clothing,
food, shelter, and medical and dental care not involving an invasive procedure;
3. the right to consent for the children to medical and dental care not involving an
invasive procedure; and
4. the right to direct the moral and religious training of the children.
IT IS ORDERED that, during his periods of possession, David Novotney, as parent joint
managing conservator, shall have the following rights and duties:
1. the duty of care, control, protection, and reasonable discipline of the children;
2. the duty to support the children, including providing the children with clothing,
food, shelter, and medical and dental care not involving an invasive procedure;
3. the right to consent for the children to medical and dental care not involving an
invasive procedure; and
4. the right to direct the moral and religious training of the children.
Page 5- Order in Suit to Modify Parent-Child Relationship- Connolly
IT IS ORDERED that Destiny Connolly, as a parent joint managing conservator, shall
have the following rights and duty:
1. the exclusive right to designate the primary residence of the children within the
states of Florida, North Carolina, South Carolina, Virginia or Texas so long as David Novotney
also resides within Florida, North Carolina, South Carolina, Virginia or Texas;
2. the exclusive right, after consultation with the other parent, to consent to medical,
dental, and surgical treatment involving invasive procedures;
3. the exclusive right, after consultation with the other parent, to consent to
psychiatric and psychological treatment of the children;
4. the exclusive right to receive and give receipt for periodic payments for the
support of the children and to hold or disburse these funds for the benefit of the children;
5. the independent right to represent the children in legal action and to make other
decisions of substantial legal significance concerning the children;
6. the right, subject to the agreement of the other parent conservator, to consent to
marriage and to enlistment in the armed forces of the United States;
7. the exclusive right, after consultation with the other parent, to make decisions
concerning the children's education;
8. except as provided by section 264.0111 of the Texas Family Code, the
independent right to the services and earnings of the children;
9. except when a guardian of the children's estates or a guardian or attorney ad litem
has been appointed for the children, the independent right to act as an agent of the children in
relation to the children's estates if the children's action is required by a state, the United States, or
a foreign government; and
10. the independent duty to manage the estates of the children to the extent the estates
have been created by community property or the joint property of the parent.
IT IS ORDERED that David Novotney, as a parent joint managing conservator, shall
have the following rights and duty:
1. the independent right to represent the children in legal action and to make other
decisions of substantial legal significance concerning the children;
Page 6- Order in Suit to Modify Parent-Child Relationship- Connolly
2. the right, subject to the agreement of the other parent conservator, to consent to
marriage and to enlistment in the aimed forces of the United States;
3. except as provided by section 264.0111 of the Texas Family Code, the
independent right to the services and earnings of the children;
4. except when a guardian of the children's estates or a guardian or attorney ad litem
has been appointed for the children, the independent right to act as an agent of the children in
relation to the children's estates if the children's action is required by a state, the United States, or
a foreign government; and
5. the independent duty to manage the estates of the children to the extent the estates
have been created by community property or the joint property of the parents.
The Court finds that, in accordance with section 153.001 of the Texas Family Code, it is
the public policy of Texas to assure that children will have frequent and continuing contact with
parents who have shown the ability to act in the best interest of the child, to provide a safe,
stable, and nonviolent environment for the child, and to encourage parents to share in the rights
and duties of raising their child after the parents have separated or dissolved their man'iage. IT
rs ORDERED that the primary residence of the children shall be the states of Florida, North
Carolina, South Carolina, Virginia or Texas, and the parties shall not remove the children from
the states of Florida, North Carolina, South Carolina, Virginia or Texas for the purpose of
changing the primary residence of the children until modified by fmiher order of the court of
continuing jurisdiction or by written agreement signed by the parties and filed with the comi.
IT rs FURTHER ORDERED that Destiny Connolly shall have the exclusive right to
designate the children's primary residence within the states of Florida, North Carolina, South
Carolina, Virginia or Texas so long as David Novotney also resides within Florida, North
Carolina, South Carolina, Virginia or Texas.
Page 7- Order in Suit to Modify Parent-Child Relationship- Connolly
Child Support
IT IS ORDERED that David Novotney is obligated to pay and shall pay to Destiny
Connolly child support of one thousand dollars ($1000.00) per month, with the first payment
being due and payable on July 1, 2017 and a like payment being due and payable on the first day
of each month thereafter until the first month following the date of the earliest occurrence of one
of the events specified below:
1. any child reaches the age of eighteen years or graduates from high school,
whichever occurs later, subject to the provisions for support beyond the age of eighteen years set
out below;
2. any child mmTies;
3. any child dies;
4. any child enlists in the armed forces of the United States and begins active service
as defined by section 101 of title 10 of the United States Code; or
5. any child's disabilities are otherwise removed for general purposes.
Thereafter, David Novotney is ORDERED to pay to Destiny Connolly child support of
eight hundred dollars ($800.00) per month, due and payable on the first day of the first month
immediately following the date of the earliest occurrence of one of the events specified above for
the other child and a like sum of eight hundred dollars ($800.00) due and payable on the first day
of each month thereafter until the next occurrence of one of the events specified above for the
other child.
If the child is eighteen years of age and has not graduated from high school, IT IS
ORDERED that David Novotney's obligation to pay child support to Destiny Connolly shall not
terminate but shall continue for as long as the child is emolled-
Page 8- Order in Suit to Modify Parent-Child Relationship- Connolly
1. under chapter 25 of the Texas Education Code in an accredited secondary school
in a program leading toward a high school diploma or under section 130.008 of the Education
Code in courses for joint high school and junior college credit and is complying with the
minimum attendance requirements of subchapter C of chapter 25 of the Education Code or
2. on a full-time basis in a private secondary school in a program leading toward a
high school diploma and is complying with the minimum attendance requirements imposed by
that school.
IT IS ORDERED that the provisions in the prior Order requiring David Novotney to pay
an additional $800.00 per month to Destiny Connolly for each month in which he or a designated
representative do not travel to exercise access rights with the children shall no longer be in
effect.
Withholding from Earnings
IT IS ORDERED that any employer of David Novotney shall be ordered to withhold the
child suppmi payments ordered in this order from the disposable earnings of David Novotney for
the suppmi of Audie Novotney and Madilyn Novotney.
IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of
David Novotney by the employer and paid in accordance with the order to that employer shall
constitute a credit against the child support obligation. Payment of the full amount of child
support ordered paid by this order through the means of withholding from earnings shall
discharge the child support obligation. If the amount withheld from earnings and credited
against the child support obligation is less than 100 percent of the amount ordered to be paid by
this order, the balance due remains an obligation of David Novotney, and it is hereby
Page 9- Order in Suit to Modify Parent-Child Relationship- Connolly
ORDERED that David Novotney pay the balance due directly to the state disbursement unit
specified below.
On this date the Court signed an Income Withholding for Support.
Payment
IT IS ORDERED that all payments shall be made through the state disbursement unit at
Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, Texas 78265-9791,
and thereafter promptly remitted to Destiny Connolly for the support of the children.
IT IS ORDERED that each party shall pay, when due, all fees charged to that party by
the state disbursement unit and any other agency statutorily authorized to charge a fee.
Change of Employment
IT IS FURTHER ORDERED that David Novotney shall notify this Court and Destiny
Connolly by U.S. certified mail, return receipt requested, of any change of address and of any
termination of employment. This notice shall be given no later than seven days after the change
of address or the tennination of employment. This notice or a subsequent notice shall also
provide the current address of David Novotney and the name and address of his current
employer, whenever that information becomes available.
Clerk's Duties
IT IS ORDERED that, on the request of a prosecuting attorney, the title IV-D agency, the
friend of the Court, a domestic relations office, Destiny Connolly, David Novotney, or an
attorney representing Destiny Connolly or David Novotney, the clerk of this Court shall cause a
ce1iified copy of the Income Withholding for Support to be delivered to any employer.
Miscellaneous Child Support Provisions
Page 10- Order in Suit to Modify Parent-Child Relationship- Connolly
Military Health Care and Commissary Privileges
The Court finds that David Novotney is a member of the United States Armed Forces and
that the children the subject of this suit are eligible to receive health care and other benefits as
dependents of a United States Armed Forces member. Therefore, David Novotney is
ORDERED to keep and maintain in cuffent status and deliver to Destiny Connolly the
identification cards and any other forms necessary for the children the subject of this suit to be
provided health care through all facilities available to the children as dependents of a United
States Armed Forces member. David Novotney is FURTHER ORDERED to provide to Destiny
Connolly all additional verified applications for renewal of dependent identification cards at
least thirty days before the expiration date of the identification cards, until the children are no
longer eligible for these benefits.
No Credit for Informal Payments
IT IS ORDERED that the child support as prescribed in this order shall be exclusively
discharged in the manner ordered and that any direct payments made by David Novotney to
Destiny Connolly or any expenditures incurred by David Novotney during David Novotney's
periods of possession of or access to the children, as prescribed in this order, for food, clothing,
gifts, travel, shelter, or entertainment are deemed in addition to and not in lieu of the support
ordered in this order.
Support as Obligation of Estate
IT IS ORDERED that the provisions for child support in this order shall be an obligation
of the estate of David Novotney and shall not terminate on the death of David Novotney.
Payments received for the benefit of the children, including payments from the Social Security
Administration, Department of Veterans Affairs or other governmental agency or life insurance
Page 11- Order in Suit to Modify Parent-Child Relationship- Connolly
proceeds, annuity payments, trust distributions, or retirement survivor benefits, shall be a credit
against this obligation. Any remaining balance of the child support is an obligation of David
Novotney's estate.
Termination of Orders on Remarriage of Parties but Not on Death of Obligee
The provisions of this order relating to current child support terminate on the remarriage
of David Novotney to Destiny Connolly unless a nonparent or agency has been appointed
conservator of the children under chapter 153 of the Texas Family Code. An obligation to pay
child support under this order does not terminate on the death of Destiny Connolly but continues
as an obligation to Audie Novotney and Madilyn Novotney.
Medical Notification
Each party is ORDERED to inform the other party within two hours of any medical
condition of the children requiring surgical intervention, hospitalization, or both.
Within thirty days after the Court signs this order, each party is ORDERED to execute -
1. all necessary releases pursuant to the Health Insurance Po1iability and
Accountability Act (HIPAA) and 45 C.F.R. section 164.508 to pe1mit the other conservator to
obtain health-care information regarding the children; and
2. for all health-care providers of the children, an authorization for disclosure of
protected health information to the other conservator pursuant to the HIPAA and 45 C.F.R.
section 164.508.
Each party is fmiher ORDERED to designate the other conservator as a person to whom
protected health infmmation regarding the children may be disclosed whenever the party
executes an authorization for disclosure of protected health information pursuant to the HIP AA
and 45 C.F.R. section 164.508.
Page 12- Order in Suit to Modify Parent-Child Relationship- Connolly
Modification of Possession Provisions
The Court finds that the parties have agreed to modify the terms of the prior Order of the
Court regarding the terms of exchange of the children for each parent's periods of possession.
Unless specifically modified herein, all other terms and conditions of the prior orders shall
remain in full force and effect.
The Comi finds that the parties do not reside in Texas. Destiny Connolly has been
residing with the children in Lithia, Florida and David Novotney has been residing in Virginia
Beach, Virginia where he is stationed. Destiny Connolly's husband has been transferred to
Camp Lejeune, North Carolina (where they will live with the children the subject of this suit).
The provisions in the current Orders requiring exchanges to be made at the Tampa International
Airport shall be modified effective July 1, 2017.
Beginning July 15, 2017, IT IS ORDERED that the parties shall exchange the children at
the beginning and end of their respective periods of possession at the Burger King restaurant,
107 U.S. Highway Bypass, Windsor, North Carolina 72983. IT IS ORDERED that each parent
shall pay their own costs of transporting the children to and from the exchange point.
The provisions in the current Order Modifying Prior Orders dated June 13, 2013
regarding air travel shall be modified to reflect that David Novotney, if transferred from his duty
station in Virginia, shall have the option of transporting the children for possession periods via
commercial airline servicing Raleigh-Durham, North Carolina (so long as Destiny Connolly
resides at Camp Lejeune, North Carolina) or through the airport having commercial airline
service that is nearest to the residence of the children at his sole expense. To the extent
authorized by the airline and federal regulations, the children shall be allowed to fly
unaccompanied, at David Novotney's expense. Beginning July 15, 2017, IT IS FURTHER
Page 13- Order in Suit to Modify Parent-Child Relationship- Connolly
ORDERED that both parents shall provide complete flight itineraries to each other with a
minimum of twenty-four hours notice before air travel.
Required Information
The information required for each party by section 105.006(a) of the Texas Family Code
is as follows:
Name: David Novotney
Social Security number: xxx-xx-x482
Driver's license number: ending in 84 7 Issuing state: Virginia
Cunent residence address: 507 Chesopeian Trail, Virginia Beach, Virginia 23452
Mailing address: 507 Chesopeian Trail, Virginia Beach, Virginia 23452
Home telephone number: (219)779-1029
Name of employer: United States Navy
Address of employment:
Work telephone number: L_J___________
Name: Destiny Connolly
Social Security number: xxx-xx-x122
Driver's license number: ending in 882-0 Issuing state: Florida
Current residence address: 2902 Seth Williams Blvd., Camp Lejeune, North Carolina
28547
Mailing address: 2902 Seth Williams Blvd., Camp Lejeune, North Carolina
28547
Home telephone number: (910)320-0659
Name of employer:
Page 14- Order in Suit to Modify Parent-Child Relationship- Connolly
Address of employment:
Work telephone number:
Required Notices
EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY
EACH OTHER PARTY, THE COURT, AND THE STATE CASE 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 EACH 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 PROVIDE 60-DAY NOTICE, THE PARTY IS ORDERED TO GIVE
NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE DATE THAT
THE PARTY KNOWS OF THE CHANGE.
THE DUTY TO FURNISH THIS INFORMATION TO EACH 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
EACH 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
Page I 5- Order in Suit to Modify Parent-Child Relationship- Connolly
CONTEMPT MAY BE PUNISHED 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 the other party by delivering a copy of the notice to the party by
registered or certified mail, return receipt requested. Notice shall be given to the Comi 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 clerk at Tairnnt County District Clerk, 200 East Weatherford
Street, Fort Wmih, Texas 76196. Notice shall be given to the state case registry by mailing a
copy of the notice to State Case Registry, Contract Services Section, MC046S, P.O. Box 12017,
Austin, Texas 78711-2017.
THE COURT MAY MODIFY THIS ORDER THAT PROVIDES FOR THE SUPPORT
OF A CHILD, IF:
(1) THE CIRCUMSTANCES OF THE CHILD OR A PERSON AFFECTED BY
THE ORDER HAVE MATERIALLY AND SUB STANTIALL Y CHANGED; OR
(2) IT HAS BEEN THREE YEARS SINCE THE ORDER WAS RENDERED OR
LAST MODIFIED AND THE MONTHLY AMOUNT OF THE CHILD SUPPORT AWARD
UNDER THE ORDER DIFFERS BY EITHER 20 PERCENT OR $100 FROM THE AMOUNT
THAT WOULD BE AWARDED IN ACCORDANCE WITH THE CHILD SUPPORT
GUIDELINES.
Warnings
WARNINGS TO PARTIES: FAILURE TO OBEY A COURT ORDER FOR CHILD
SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN
FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF
Page 16- Order in Suit to Modify Parent-Child Relationship- Connolly
COURT. A FINDING OF CONTEMPT MAY BE PUNISHED 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.
Attorney's Fees
IT IS ORDERED that attorney's fees are to be borne by the party who incurred them.
Costs
IT IS ORDERED that costs of court are to be borne by the party who incurred them.
Merger of Mediated Agreement
This order is stipulated to represent a merger of a mediated settlement agreement
between the parties. To the extent there exist any differences between the mediated settlement
agreement and this order, this order shall control in all instances.
Discharge from Discovery Retention Requirement
IT IS ORDERED that the parties and their respective attorneys are discharged from the
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360-459062-09 FILED TARRANT COUNTY 8/25/2017 3:59 PM THOMAS A. WILDER NOTICE: THIS DOCUMENT DISTRICT CLERK CONTAINS SENSITIVE DATA NO. 360-459062-09 IN THE INTEREST OF § IN THE DISTRICT COURT § AUDIE NOVOTNEY AND MADILYN § 360th JUDICIAL DISTRICT NOVOTNEY § § CHILDREN § TARRANT COUNTY, TEXAS FIRST AMENDED MOTION TO SIGN ORDER IN SUIT TO MODIFY PARENT- CHILD RELATIONSHIP AND INCOME WITHHOLDING ORDER This First Amended Motion to Sign Order in Suit to Modify Parent-Child Relationship and Income Withholding Order is brought by Destiny Connolly, Respondent, moving the Court to sign the Order in Suit to Modify Parent-Child Relationship and Income Withholding Order in the fmms attached to this motion. Respectfully submitted, Law Office of Carole Cross 464 Mid Cities Boulevard Hurst, Texas 76054 Tel: (817) 265-8300 Fax: (817) 459-2850 /Y,, v ,, /J , - - By:~~~~,S Carole Cross State Bar No. 05127350 Carole@carolecrosslaw.com Attorney for Destiny Connolly Page 1- First Amended Motion to Sign- Connolly Certificate of Service I certify that a true copy of the above was sent via e-mail: yentovon@gmail.com, certified mail and regular mail to David Novotney, Petitioner, 507 Chesopeian Trail, Virginia Beach, Virginia 23452 in accordance with the Texas Rules of Civil Procedure on August 25, 2017. Carole Cross Attorney for Destiny Connolly Page 2- First Amended Motion to Sign- Connolly NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA NO. 360-459062-09 IN THE INTEREST OF § IN THE DISTRICT COURT § AUDIE NOVOTNEY AND MAD ILYN § 360 1h JUDICIAL DISTRICT NOVOTNEY § § CHILDREN § TARRANT COUNTY, TEXAS ORDER IN SUIT TO MODIFY PARENT-CHILD RELATIONSHIP On August_, 2017, the Court heard this case. Appearances Petitioner, David Novotney, appeared in person, and announced ready for trial. Respondent, Destiny Connolly, appeared in person and announced ready for trial. Consent by Person with Right to Designate Primary Residence Destiny Connolly, who has the exclusive right to designate the primary residence of the children, has consented to the te1ms of this order as evidenced by Destiny Connolly's signature below. Jurisdiction The Court, after examining the record and the evidence and argument of counsel, finds that it has jurisdiction of this case and of all the pmiies and that no other court has continuing, exclusive jurisdiction of this case. All persons entitled to citation were properly cited. Jury A jury was waived, and all questions of fact and of law were submitted to the Comi. Page 1- Order in Suit to Modify Parent-Child Relationship- Connolly Record The record of testimony was duly reported by the court reporter for the 360th Judicial District Court. Children The Court finds that the following children are the subject of this suit: Name: Audie Novotney Sex: Male Birth date: February 2, 2008 Home state: Florida Social Security number: xxx-xx-x900 Name: Madilyn Novotney Sex: Female Birth date: June 30, 2009 Home state: Florida Social Security number: xxx-xx-x252 Findings The Court finds that the material allegations in the petition to modify are true and that the requested modification is in the best interest of the children. IT IS ORDERED that the requested modification is GRANTED in part and DENIED in part. Parenting Plan The Court finds that the provisions in these orders relating to the rights and duties of the parties with relation to the children, child support, and optimizing the development of a close and continuing relationship between each party and the children constitute the parties' agreed parenting plan. Conservator ship The Comi finds that the following orders are in the best interest of the children. Page 2- Order in Suit to Modify Parent-Child Relationship- Connolly IT IS ORDERED that David Novotney and Destiny Connolly are appointed Joint Managing Conservators of the following children: Audie Novotney and Madilyn Novotney IT IS ORDERED that, at all times, Destiny Connolly, as a parent joint managing conservator, shall have the following rights: 1. the right to receive information from any other conservator of the children concerning the health, education, and welfare of the children; 2. the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the children; 3. the right of access to medical, dental, psychological, and educational records of the children; 4. the right to consult with a physician, dentist, or psychologist of the children; 5. the right to consult with school officials concerning the children's welfare and educational status, including school activities; 6. the right to attend school activities; 7. the right to be designated on the children's records as a person to be notified in case of an emergency; 8. the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the children; and 9. the right to manage the estates of the children to the extent the estates have been created by the parent or the parent's family. IT IS ORDERED that, at all times, David Novotney, as a parent joint managmg conservator, shall have the following rights: 1. the right to receive information from any other conservator of the children concerning the health, education, and welfare of the children; 2. the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the children; 3. the right of access to medical, dental, psychological, and educational records of the children; Page 3- Order in Suit to Modify Parent-Child Relationship- Connolly 4. the right to consult with a physician, dentist, or psychologist of the children; 5. the right to consult with school officials concerning the children's welfare and educational status, including school activities; 6. the right to attend school activities; 7. the right to be designated on the children's records as a person to be notified in case of an emergency; 8. the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the children; and 9. the right to manage the estates of the children to the extent the estates have been created by the parent or the parent's family. IT IS ORDERED that, at all times, David Novotney and Destiny Connolly, as parent joint managing conservators, shall each have the following duties: 1. the duty to inform the other conservator of the children in a timely manner of significant infonnation concerning the health, education, and welfare of the children; 2. the duty to inform the other conservator of the children if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Texas Code of Criminal Procedure or is cmTently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that notice of this information shall be provided to the other conservator of the children as soon as practicable, but not later than the fo1iieth day after the date the conservator of the children begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person's requirement to register as a sex offender or of the offense with which the person is charged. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; 3. the duty to inform the other conservator of the children if the conservator establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established. IT IS ORDERED that notice of this information shall be provided to the other conservator of the children as soon as practicable, but not later than the thirtieth day after the date the conservator establishes residence with the person who is the subject of the final protective order. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; Page 4- Order in Suit to Modify Parent-Child Relationship- Connolly 4. the duty to inform the other conservator of the children if the conservator resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of sixty-day period following the date the final protective order is issued. IT IS ORDERED that notice of this information shall be provided to the other conservator of the children as soon as practicable, but not later than the ninetieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; and 5. the duty to inform the other conservator of the children if the conservator is the subject of a final protective order issued after the date of the order establishing conservatorship. IT IS ORDERED that notice of this information shall be provided to the other conservator of the children as soon as practicable, but not later than the thirtieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE. IT IS ORDERED that, during her periods of possession, Destiny Connolly, as parent joint managing conservator, shall have the following rights and duties: 1. the duty of care, control, protection, and reasonable discipline of the children; 2. the duty to support the children, including providing the children with clothing, food, shelter, and medical and dental care not involving an invasive procedure; 3. the right to consent for the children to medical and dental care not involving an invasive procedure; and 4. the right to direct the moral and religious training of the children. IT IS ORDERED that, during his periods of possession, David Novotney, as parent joint managing conservator, shall have the following rights and duties: 1. the duty of care, control, protection, and reasonable discipline of the children; 2. the duty to support the children, including providing the children with clothing, food, shelter, and medical and dental care not involving an invasive procedure; 3. the right to consent for the children to medical and dental care not involving an invasive procedure; and 4. the right to direct the moral and religious training of the children. Page 5- Order in Suit to Modify Parent-Child Relationship- Connolly IT IS ORDERED that Destiny Connolly, as a parent joint managing conservator, shall have the following rights and duty: 1. the exclusive right to designate the primary residence of the children within the states of Florida, North Carolina, South Carolina, Virginia or Texas so long as David Novotney also resides within Florida, North Carolina, South Carolina, Virginia or Texas; 2. the exclusive right, after consultation with the other parent, to consent to medical, dental, and surgical treatment involving invasive procedures; 3. the exclusive right, after consultation with the other parent, to consent to psychiatric and psychological treatment of the children; 4. the exclusive right to receive and give receipt for periodic payments for the support of the children and to hold or disburse these funds for the benefit of the children; 5. the independent right to represent the children in legal action and to make other decisions of substantial legal significance concerning the children; 6. the right, subject to the agreement of the other parent conservator, to consent to marriage and to enlistment in the armed forces of the United States; 7. the exclusive right, after consultation with the other parent, to make decisions concerning the children's education; 8. except as provided by section 264.0111 of the Texas Family Code, the independent right to the services and earnings of the children; 9. except when a guardian of the children's estates or a guardian or attorney ad litem has been appointed for the children, the independent right to act as an agent of the children in relation to the children's estates if the children's action is required by a state, the United States, or a foreign government; and 10. the independent duty to manage the estates of the children to the extent the estates have been created by community property or the joint property of the parent. IT IS ORDERED that David Novotney, as a parent joint managing conservator, shall have the following rights and duty: 1. the independent right to represent the children in legal action and to make other decisions of substantial legal significance concerning the children; Page 6- Order in Suit to Modify Parent-Child Relationship- Connolly 2. the right, subject to the agreement of the other parent conservator, to consent to marriage and to enlistment in the aimed forces of the United States; 3. except as provided by section 264.0111 of the Texas Family Code, the independent right to the services and earnings of the children; 4. except when a guardian of the children's estates or a guardian or attorney ad litem has been appointed for the children, the independent right to act as an agent of the children in relation to the children's estates if the children's action is required by a state, the United States, or a foreign government; and 5. the independent duty to manage the estates of the children to the extent the estates have been created by community property or the joint property of the parents. The Court finds that, in accordance with section 153.001 of the Texas Family Code, it is the public policy of Texas to assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child, to provide a safe, stable, and nonviolent environment for the child, and to encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their man'iage. IT rs ORDERED that the primary residence of the children shall be the states of Florida, North Carolina, South Carolina, Virginia or Texas, and the parties shall not remove the children from the states of Florida, North Carolina, South Carolina, Virginia or Texas for the purpose of changing the primary residence of the children until modified by fmiher order of the court of continuing jurisdiction or by written agreement signed by the parties and filed with the comi. IT rs FURTHER ORDERED that Destiny Connolly shall have the exclusive right to designate the children's primary residence within the states of Florida, North Carolina, South Carolina, Virginia or Texas so long as David Novotney also resides within Florida, North Carolina, South Carolina, Virginia or Texas. Page 7- Order in Suit to Modify Parent-Child Relationship- Connolly Child Support IT IS ORDERED that David Novotney is obligated to pay and shall pay to Destiny Connolly child support of one thousand dollars ($1000.00) per month, with the first payment being due and payable on July 1, 2017 and a like payment being due and payable on the first day of each month thereafter until the first month following the date of the earliest occurrence of one of the events specified below: 1. any child reaches the age of eighteen years or graduates from high school, whichever occurs later, subject to the provisions for support beyond the age of eighteen years set out below; 2. any child mmTies; 3. any child dies; 4. any child enlists in the armed forces of the United States and begins active service as defined by section 101 of title 10 of the United States Code; or 5. any child's disabilities are otherwise removed for general purposes. Thereafter, David Novotney is ORDERED to pay to Destiny Connolly child support of eight hundred dollars ($800.00) per month, due and payable on the first day of the first month immediately following the date of the earliest occurrence of one of the events specified above for the other child and a like sum of eight hundred dollars ($800.00) due and payable on the first day of each month thereafter until the next occurrence of one of the events specified above for the other child. If the child is eighteen years of age and has not graduated from high school, IT IS ORDERED that David Novotney's obligation to pay child support to Destiny Connolly shall not terminate but shall continue for as long as the child is emolled- Page 8- Order in Suit to Modify Parent-Child Relationship- Connolly 1. under chapter 25 of the Texas Education Code in an accredited secondary school in a program leading toward a high school diploma or under section 130.008 of the Education Code in courses for joint high school and junior college credit and is complying with the minimum attendance requirements of subchapter C of chapter 25 of the Education Code or 2. on a full-time basis in a private secondary school in a program leading toward a high school diploma and is complying with the minimum attendance requirements imposed by that school. IT IS ORDERED that the provisions in the prior Order requiring David Novotney to pay an additional $800.00 per month to Destiny Connolly for each month in which he or a designated representative do not travel to exercise access rights with the children shall no longer be in effect. Withholding from Earnings IT IS ORDERED that any employer of David Novotney shall be ordered to withhold the child suppmi payments ordered in this order from the disposable earnings of David Novotney for the suppmi of Audie Novotney and Madilyn Novotney. IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of David Novotney by the employer and paid in accordance with the order to that employer shall constitute a credit against the child support obligation. Payment of the full amount of child support ordered paid by this order through the means of withholding from earnings shall discharge the child support obligation. If the amount withheld from earnings and credited against the child support obligation is less than 100 percent of the amount ordered to be paid by this order, the balance due remains an obligation of David Novotney, and it is hereby Page 9- Order in Suit to Modify Parent-Child Relationship- Connolly ORDERED that David Novotney pay the balance due directly to the state disbursement unit specified below. On this date the Court signed an Income Withholding for Support. Payment IT IS ORDERED that all payments shall be made through the state disbursement unit at Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, Texas 78265-9791, and thereafter promptly remitted to Destiny Connolly for the support of the children. IT IS ORDERED that each party shall pay, when due, all fees charged to that party by the state disbursement unit and any other agency statutorily authorized to charge a fee. Change of Employment IT IS FURTHER ORDERED that David Novotney shall notify this Court and Destiny Connolly by U.S. certified mail, return receipt requested, of any change of address and of any termination of employment. This notice shall be given no later than seven days after the change of address or the tennination of employment. This notice or a subsequent notice shall also provide the current address of David Novotney and the name and address of his current employer, whenever that information becomes available. Clerk's Duties IT IS ORDERED that, on the request of a prosecuting attorney, the title IV-D agency, the friend of the Court, a domestic relations office, Destiny Connolly, David Novotney, or an attorney representing Destiny Connolly or David Novotney, the clerk of this Court shall cause a ce1iified copy of the Income Withholding for Support to be delivered to any employer. Miscellaneous Child Support Provisions Page 10- Order in Suit to Modify Parent-Child Relationship- Connolly Military Health Care and Commissary Privileges The Court finds that David Novotney is a member of the United States Armed Forces and that the children the subject of this suit are eligible to receive health care and other benefits as dependents of a United States Armed Forces member. Therefore, David Novotney is ORDERED to keep and maintain in cuffent status and deliver to Destiny Connolly the identification cards and any other forms necessary for the children the subject of this suit to be provided health care through all facilities available to the children as dependents of a United States Armed Forces member. David Novotney is FURTHER ORDERED to provide to Destiny Connolly all additional verified applications for renewal of dependent identification cards at least thirty days before the expiration date of the identification cards, until the children are no longer eligible for these benefits. No Credit for Informal Payments IT IS ORDERED that the child support as prescribed in this order shall be exclusively discharged in the manner ordered and that any direct payments made by David Novotney to Destiny Connolly or any expenditures incurred by David Novotney during David Novotney's periods of possession of or access to the children, as prescribed in this order, for food, clothing, gifts, travel, shelter, or entertainment are deemed in addition to and not in lieu of the support ordered in this order. Support as Obligation of Estate IT IS ORDERED that the provisions for child support in this order shall be an obligation of the estate of David Novotney and shall not terminate on the death of David Novotney. Payments received for the benefit of the children, including payments from the Social Security Administration, Department of Veterans Affairs or other governmental agency or life insurance Page 11- Order in Suit to Modify Parent-Child Relationship- Connolly proceeds, annuity payments, trust distributions, or retirement survivor benefits, shall be a credit against this obligation. Any remaining balance of the child support is an obligation of David Novotney's estate. Termination of Orders on Remarriage of Parties but Not on Death of Obligee The provisions of this order relating to current child support terminate on the remarriage of David Novotney to Destiny Connolly unless a nonparent or agency has been appointed conservator of the children under chapter 153 of the Texas Family Code. An obligation to pay child support under this order does not terminate on the death of Destiny Connolly but continues as an obligation to Audie Novotney and Madilyn Novotney. Medical Notification Each party is ORDERED to inform the other party within two hours of any medical condition of the children requiring surgical intervention, hospitalization, or both. Within thirty days after the Court signs this order, each party is ORDERED to execute - 1. all necessary releases pursuant to the Health Insurance Po1iability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508 to pe1mit the other conservator to obtain health-care information regarding the children; and 2. for all health-care providers of the children, an authorization for disclosure of protected health information to the other conservator pursuant to the HIPAA and 45 C.F.R. section 164.508. Each party is fmiher ORDERED to designate the other conservator as a person to whom protected health infmmation regarding the children may be disclosed whenever the party executes an authorization for disclosure of protected health information pursuant to the HIP AA and 45 C.F.R. section 164.508. Page 12- Order in Suit to Modify Parent-Child Relationship- Connolly Modification of Possession Provisions The Court finds that the parties have agreed to modify the terms of the prior Order of the Court regarding the terms of exchange of the children for each parent's periods of possession. Unless specifically modified herein, all other terms and conditions of the prior orders shall remain in full force and effect. The Comi finds that the parties do not reside in Texas. Destiny Connolly has been residing with the children in Lithia, Florida and David Novotney has been residing in Virginia Beach, Virginia where he is stationed. Destiny Connolly's husband has been transferred to Camp Lejeune, North Carolina (where they will live with the children the subject of this suit). The provisions in the current Orders requiring exchanges to be made at the Tampa International Airport shall be modified effective July 1, 2017. Beginning July 15, 2017, IT IS ORDERED that the parties shall exchange the children at the beginning and end of their respective periods of possession at the Burger King restaurant, 107 U.S. Highway Bypass, Windsor, North Carolina 72983. IT IS ORDERED that each parent shall pay their own costs of transporting the children to and from the exchange point. The provisions in the current Order Modifying Prior Orders dated June 13, 2013 regarding air travel shall be modified to reflect that David Novotney, if transferred from his duty station in Virginia, shall have the option of transporting the children for possession periods via commercial airline servicing Raleigh-Durham, North Carolina (so long as Destiny Connolly resides at Camp Lejeune, North Carolina) or through the airport having commercial airline service that is nearest to the residence of the children at his sole expense. To the extent authorized by the airline and federal regulations, the children shall be allowed to fly unaccompanied, at David Novotney's expense. Beginning July 15, 2017, IT IS FURTHER Page 13- Order in Suit to Modify Parent-Child Relationship- Connolly ORDERED that both parents shall provide complete flight itineraries to each other with a minimum of twenty-four hours notice before air travel. Required Information The information required for each party by section 105.006(a) of the Texas Family Code is as follows: Name: David Novotney Social Security number: xxx-xx-x482 Driver's license number: ending in 84 7 Issuing state: Virginia Cunent residence address: 507 Chesopeian Trail, Virginia Beach, Virginia 23452 Mailing address: 507 Chesopeian Trail, Virginia Beach, Virginia 23452 Home telephone number: (219)779-1029 Name of employer: United States Navy Address of employment: Work telephone number: L_J___________ Name: Destiny Connolly Social Security number: xxx-xx-x122 Driver's license number: ending in 882-0 Issuing state: Florida Current residence address: 2902 Seth Williams Blvd., Camp Lejeune, North Carolina 28547 Mailing address: 2902 Seth Williams Blvd., Camp Lejeune, North Carolina 28547 Home telephone number: (910)320-0659 Name of employer: Page 14- Order in Suit to Modify Parent-Child Relationship- Connolly Address of employment: Work telephone number: Required Notices EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE 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 EACH 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 PROVIDE 60-DAY NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE. THE DUTY TO FURNISH THIS INFORMATION TO EACH 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 EACH 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 Page I 5- Order in Suit to Modify Parent-Child Relationship- Connolly CONTEMPT MAY BE PUNISHED 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 the other party by delivering a copy of the notice to the party by registered or certified mail, return receipt requested. Notice shall be given to the Comi 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 clerk at Tairnnt County District Clerk, 200 East Weatherford Street, Fort Wmih, Texas 76196. Notice shall be given to the state case registry by mailing a copy of the notice to State Case Registry, Contract Services Section, MC046S, P.O. Box 12017, Austin, Texas 78711-2017. THE COURT MAY MODIFY THIS ORDER THAT PROVIDES FOR THE SUPPORT OF A CHILD, IF: (1) THE CIRCUMSTANCES OF THE CHILD OR A PERSON AFFECTED BY THE ORDER HAVE MATERIALLY AND SUB STANTIALL Y CHANGED; OR (2) IT HAS BEEN THREE YEARS SINCE THE ORDER WAS RENDERED OR LAST MODIFIED AND THE MONTHLY AMOUNT OF THE CHILD SUPPORT AWARD UNDER THE ORDER DIFFERS BY EITHER 20 PERCENT OR $100 FROM THE AMOUNT THAT WOULD BE AWARDED IN ACCORDANCE WITH THE CHILD SUPPORT GUIDELINES. Warnings WARNINGS TO PARTIES: FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF Page 16- Order in Suit to Modify Parent-Child Relationship- Connolly COURT. A FINDING OF CONTEMPT MAY BE PUNISHED 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. Attorney's Fees IT IS ORDERED that attorney's fees are to be borne by the party who incurred them. Costs IT IS ORDERED that costs of court are to be borne by the party who incurred them. Merger of Mediated Agreement This order is stipulated to represent a merger of a mediated settlement agreement between the parties. To the extent there exist any differences between the mediated settlement agreement and this order, this order shall control in all instances. Discharge from Discovery Retention Requirement IT IS ORDERED that the parties and their respective attorneys are discharged from the