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NO. 36Q-543013-13
IN THE INTEREST OF § IN THE DISTRICT COURT
§
BRODIE MICHAEL WADE, GRAYSON § 360TH JUDICIAL DISTRICT
DANIEL WADE AND RHYDER COLE §
WADE §
§
CHILDREN § TARRANT COUNTY, TEXAS
AGREED ORDER IN SUIT TO MODIFY fARENI-CHILD R£LAJIONSHIP
On August 31, 2016 the Court considered this case.
Appearances
Petitioner, DANIEL ALLEN WADE, appeared in person and through attorney of record,
TYLER R. MONAHAN, ESQ., and announced agreement had been reached.
Respondent. ROBIN NICOLE WADE, appeared in person and through attorney of
record, CLIFFORD BRONSON, ESQ. and announced agreement had been reached.
Other parties appearing were:
The OFFICE OF THE ATTORNEY GENERAL has agreed to the tenns of this order.
as evidenced by the signature below.
Consent by Person with Right to Designate Primary Residem:e
ROBIN NICOLE WADE, who has the exclusive right to designate the primary residence
of the children, has consented to the terms of this order as evidenced by ROBIN NICOLE
WADE'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 parties and that no other court has continuing, exclusive
jurisdiction of this case. All persons entitled to citation were properly cited.
COURT MINUTES
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Jury
A jury was waived, and all questions of fact and of law were submitted to the Court.
Record
The making of a record of testimony was waived by the parties with the consent of the
Court.
Children
The Court finds that the following children are the subject of this suit:
Name: BRODIE MICHAEL WADE
Sex: Male
Birth date: 1110112007
Home state: Texas
Name: GRAYSON DANIEL WADE
Sex: Male
Birth date: 08/0312009
Home state: Texas
Name: RHYDER COLE WADE
Sex: Male
Birth date: 08/18120 II
Home state: Texas
Findings
The Court finds that the mitterial 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.
Best Interest ofthe Children
The Court finds that the following orders are in the best interest of the children.
Child Support Arrearages
It is FOUND and CONFIRMED that DANIEL ALLEN WADE, Obligor, is in arrears in
Order to Modi~ the Parent-Child Relationship 1nd to Confirm Arrears - 0. Wade Page2of20
the amount of zero dollars ($0.00) as of August 30,2016. This includes all unpaid child support
and retroactive modification back to 3131116 as of the specified date.
Ajudgment is granted against DANIEL ALLEN WADE and in favor of the OFFICE OF
THE ATIORNEY GENERAL in the amount of$0.00, with interest as provided by the law of
the State of Texas, at the rate of 6% per annum for colleetion and distribution according to law.
Spou$t1/ Support Judgment
It is FOUND and CONFIRMED that DANIEL ALLEN WADE, Obligor, failed to provide
spousal support as ordered and DANIEL ALLEN WADE is in a!Tellrs in the amount of
S17, 936.14 as of August 30, 2016. This includes all unpaid spousal support and any balance owed
on previously confirmed medical support arrearages or retroactive support judgment as of the
specified date.
A spousal support judgment is granted against DANIEL ALLEN WADE and in favor of
ROBIN NICOLE WADE in the amount of$17,936.14, with interest as provided by the law of
the State of Texas, at the rate of 6% per annum for collection and distribution according to law.
Release
It is further FOUND and CONFIRMED that ROBIN NICOLE WADE, Obligee, releases
said $2,380.29 of the spousal support judgment. representing Obligee's share of the judgment.
including any and all interest which may have accrued, which is not assigned to the Attorney
General as the IV-D agency.
Spousal Support Judgmell/ ajler Release
A spousal support judgment is granted, after release, against DANIEL ALLEN WADE
and in favor of ROBIN NICOLE WADE in the amount of$15,555.85, with interest as provided
by the law of the State of Texas, at the rate of 6% per annum for collection and distribution
Order to Modify the Parent-chHd Relationship and to Confirm Arrears -D. Wade Page3 ofZO
according to law.
DANIEL ALLEN WADE. Obligor, is ORDERED to pay said spousal support judgment
by paying by $350.00 each month beginning the Ist day of September. 2016 payable on or before
that date and on or before the same day of each month thereafter until the arrearage is paid in full.
The withholding authorized herein below shall include such payments, but nothing herein
shall prohibit the usc of other collection methods authorized by law. The Court"s order setting
payments on a child support judgment or on a medical support judgment does not preclude or limit
the usc of any other means for enforcement of the judgment.
Notice to Obligor
Any judgment rendered herein is not an installment debt and the entire judgment is now
due and owing. The OFFICE OF THE AITORNEV GENERAL may take whatever
enforcement remedies deemed necessary including any remedies required by federal or state laws
to collect this judgment, even if regular periodic payments on this judgment are being made.
DANIEL ALLEN WADE is placed on notice that should he fail to pay current child and
medical support, or toward the arrearage as ordered herein. the OFFICE OF THE AITORNEV
GENERAL may pursue an action to suspend any or all licenses he may have.
Pursuant to Texas Family Code §I 57.269. the Court retains jurisdiction over this matter
until all current support and all support arrcaragcs. including interest and any applicable fees and
costs, have been paid.
Child SupPort
IT IS ORDERED that DANIEL ALLEN WADE is obligated to pay and shall pay to
ROBIN NICOLE WADE child support of six hundred ninety dollars and zero cents ($690.00)
per month, with the first payment being due and payable on September I, 2016 and a like payment
Order to Modify the Parent·Chlld Relationship and to Confirm Arrears- D. Wade Pase4of20
being due and payable on the first day of each month thereafter until the tirst 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 marries;
3. any child dies;
4. any child enlists in the anned forces of the United States and begins active service
as defined by section 101 oftitle 10 of the United States Code; or
S. any child's disabilities are otherwise removed for general purposes.
Thereafter, DANIEL ALLEN WADE is ORDERED to pay to ROBIN NICOLE WADE
child support of five hundred seventy nine dollars and zero cents ($579.00) 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 another child and a like sum of five hundred seventy nine
dollars and zero cents ($579.00) due and payable on the first day of each month thereafter until the
next occurrence of one of the events specified above for another child.
Thereafter, DANIEL ALLEN WADE is ORDERED to pay to ROBIN NICOLE WADE
child support of four hundred sixty three dollars and zero cents ($463.00} 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 another child and a like sum of four hundred sixty three
dollars and zero cents ($463.00) due and payable on the first day of each month thereafter until the
next occurrence of one of the events specified above for another child.
If the child is eighteen years of age and has not graduated from high school, IT IS
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ORDERED that DANIEL ALLEN WADE's obligation to pay child support to ROBIN NICOLE
WADE shall not tenninate but shall continue for as long as the child is enrolled·
I. under chap1er 25 of the Teltas Education Code in an accredited secondary school in
a proliram 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.
Wjthholdjng from Earnings
IT IS ORDERED that any employer of DANIEL ALLEN WADE shall be ordered to
withhold from earnings for child support from the disposable earnings of DANIEL ALLEN
WADE for the support of BRODIE MICHAEL WADE, GRAYSON DANIEL WADE and
RHYDER COLE WADE.
IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of
DANIEL ALLEN WADE by the employer and paid in accordance wilh the order to that employer
shall constitute a credit against the child support obligation. Payment of the fu!l 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 I00 percent of the amount ordered to be paid by this order, the
balance due remains an obligation of DANIEL ALLEN WADE, and il is hereby ORDERED that
DANIEL ALLEN WADE pay the balance due directly to the state disbursement unit specified
below.
Order to Modl(y tbe Parent·Chlld Rela~onshlp and to Conftrm Arrears -
D. Wade Page6ofZO
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 ROBIN NICOLE WADE 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 FUR1liER ORDERED that DANIEL ALLEN WADE shall notify this Court and
ROBIN NICOLE WADE 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 termination of employment. This notice or a subsequent notice
shall also provide the current address of DANIEL ALLEN WADE and the name and address of
his current employer, whenever that information becomes available.
Clerk's outies
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. ROBIN NICOLE WADE, DANIEL ALLEN
WAD E. or an attorney representing ROBIN NICOLE WADE or DANIEL ALLEN WADE, the
clerk of this Court shall cause a certified copy of the Income Withholding for Support to be
delivered to any employer.
Health Care
I. IT IS ORDERED that DANIEL ALLEN WADE and ROBIN NICOLE WADE
shall each provide medical support for each child as set out in this order as additional child support
Order to Modify tho Parent-Child Relationship and to Confirm Arrears- D. Wade Page 7 of20
for as long as the Coun may order DANIEL ALLEN WADE and ROBIN NICOLE WADE to
provide suppon for the child under sections I54.001 and I54.002 of the Texas Family Code.
Beginning on the day DANIEL ALLEN WADE and ROBIN NICOLE WADE's actual or
potential obligation to suppon a child under sections I54.00 I and I54.002 of the Family Code
terminates, IT IS ORDERED that DANIEL ALLEN WADE and ROBIN NICOLE WADE are
discharged from the obligations set forth in this medical support order with respect to that child,
except for any failure by a parent .to fully comply with those obligations before that date. IT IS
FURTHER ORDERED that the cash medical suppon payments ordered below are payable through
the state disbursement unit and subject to the provisions for withholding from earnings provided
above for other child suppon payments.
2. Defanitions-
"Health Insurance" means Insurance coverage that provides basic health-care services,
including usual physician services, office visits. hospitalization, and laboratory, X-ray. and
emergency services, that may be provided through a health maintenance organization or other
private or public organization, other than medical assistance under chapter 32 of the Texas Human
Resources Code.
"Reasonable cost" means the total cost of health insurance coverage for all children for
which DANIEL ALLEN WADE isresponsible under a medical suppon order that does not
exceed 9 percent of DANIEL ALLEN WADE's annual resources, as described by section
IS4.062(b) of the Texas Family Code.
"Reasonable and necessary heallh-care expenses not paid by insurance and incurred by or
on behalf of a child" include, without limitation. any copayments tor office visits or prescription
drugs, the yearly deductible, if any, and medical. surgical, prescription drug, mental health-care
Order to Modil)l the Parent-child Relationship and to Confirm Arrears- D. Wade Page8of20
services, dental, eye care. ophthalmological. and orthodontic charges. These reasonable and
necessary health-care expenses do not include expenses for travel to and from the health-care
provider or for nonprescription medication.
"Furnish" means-
a. to hand deliver the document by a person eighteen years of age or older
either to the recipient or to a person who is eighteen years of age or older
and permanently resides with the recipient;
b. to deliver the document to the recipient by certified mail, return receipt
requested. to the recipient's last known mailing or residence address; or
c. to deliver the document to the recipient at the recipient's last known mailing
or residence address using any person or entity whose principal business is
that of a courier or deliverer of papers or documents either within or outside
the United States.
3. Findings on Health Insurance Availability- Having considered the cost,
accessibility, and quality of health insurance coverage available to the parties, the Court finds:
Health insurance is available or isin effect for the children through ROBIN NICOLE
WADE's employment or membership in a union, trade association. or other organization at a
reasonable cost of $130.00 per month.
IT IS FURTHER FOUND that the following orders regarding health-care coverage are in
the best interest of the children.
4. Provision of Health-care Coverage -
As child support. ROBIN NICOLE WADE is ORDERED to continue to maintain health
insurance for each child who is the subject of this suit that covers basic health-care services.
Order to ModiIf the Parent-Child Rela~onshlp and to ConHrm Arrears- D. Wade Pase9orzo
including usual physician services, office visits, hospitalization. laboratory. X-ray. and emergency
services.
ROBIN NICOLE WADE is ORDERED to maintain such health insurance in full force
and effect on each child who is the subject of this suit as long as child support is payable for that
child. ROBIN NICOLE WADE isORDERED to convert any group insurance to individual
coverage or obtain other health insurance for each child within fifteen days of termination of her
employment or other disqualification from the group insurance. ROBIN NICOLE WADE is
ORDERED to exercise any conversion options or acquisition of new health insurance in such a
manner that the resulting insurance equals or exceeds that in effect immediately before the change.
ROBIN NICOLE WADE is ORDERED to furnish DANIEL ALLEN WADE and the
Office of the Attorney General Child Support Division a true and correct copy of the health
insurance policy or certification and a schedule of benefits within 14 days of the signing of this
order. ROBIN NICOLE WADE is ORDERED to furnish DANIEL ALLEN WADE the
insurance cards and any other forms necessary for use of the insurance within 14 days of the
signing of this order. ROBIN NICOLE WADE is ORDERED to provide, within three days of
receipt by her, to DANIEL ALLEN WADE any insurance checks, other payments, or
explanations of benefits relating to any medical expenses for the children that DANIEL ALLEN
WADE paid or incurred.
Pursuant to section IS04.0S I of the Texas Insurance Code, it is ORDERED that if ROBIN
NICOLE WADE is eligible for dependent health coverage but fails to apply to obtain coverage
for the children, the insurer shall enroll the children on application of DANIEL ALLEN WADE
or others as authorized by law.
Pursuant to section 154.182 of the Texas Family Code. DANIEL ALLEN WADE is
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ORDERED to pay ROBIN NICOLE WADE cash medical support for reimbursement of health
insurance premiums. as additional child support. of one hundred thirty dollars and zero cents
($130.00) per month, with the first installment being due and payable on September I. 2016 and a
like installment being due and payable on or before the first day ofeach month until the termination
of current child support for all children under this order.
IT IS ORDERED that the cash medical support provisions of this order shall be an
obligation of the estate of DANIE~ ALLEN WADE and shall not terminate on his death.
Pursuant to section 154.183(c) of the Texas Family Code, the reasonable and necessary
health-care expenses of the children that are not reimbursed by health insurance are allocated as
follows: ROBIN NICOLE WADE is ORDERED to pay 50 percent and DANIEL ALLEN
WADE is ORDERED to pay 50 percent of the unreimbursed health-care expenses if. at the time
the expenses are incurred. ROBIN NICOLE WADE is providing health insurance as ordered.
The pany who incurs a health-care expense on behalf of a child is ORDERED to furnish
to the other party all forms, receipts, bills, statements, and explanations of benefits reflecting the
uninsured portion of the health-care expenses within thirty days after he or she receives them. The
nonincurring party is ORDERED to pay his or her percentage of the uninsured portion of the
health-care expenses either by paying the health-care provider directly or by reimbursing the
incurring party for any advance payment exceeding the incurring party's percentage of the
uninsured portion of the health-care expenses within thirty days after the nonincurring party
receives the forms, receipts, bills, statements, and explanations of benefits.
These provisions apply to all unreimbursed health-care expenses of any child who is the
subject of this suit that are incurred while child support is payable for that child.
S. Secondary Coverage· IT IS ORDERED that if a party provides secondary health
Order to ModiiY the Parent-thUd Relationship ond to Confirm Arrears- D. Wade Pasell of20
insurance coverage for the children, both parties shall cooperate fully with regard to the handling
and filing of claims with the insurance carrier providing the coverage in order to maximize the
benefits available to the children and to ensure that the party who pays for health-care expenses
for the children is reimbursed for the payment from both carriers to the fullest extent possible.
6. Compliance with Insurance Company Requirements- Each party is ORDERED to
conform to all requirements imposed by the terms and conditions of the policy of health insurance
covering the children in order to assure the maximum reimbursement or direct payment by the
insurance company of the incurred health-care expense, including but not limited to requirements
for advance notice to any carrier, second opinions, and the like. Each party is ORDERED to use
"preferred providers," or services within the health maintenance organization, if applicable.
Disallowance of the bill by a health insurer shall not excuse the obligation of either party to make
paymenL Excepting emergency health-care expenses incurred on behalf of the children, if a pany
incurs health-care expenses for the children using "out-of-network" health-care providers or
services, or fails to follow the health insurance company procedures or requirements, that party
shall pay all such health-care expenses incurred absent (I) wrinen agreement of the parties
allocating such health-care expenses or (2) further order of the Court.
7. Claims - Except as provided in this paragraph, the party who is not carrying the
health insurance policy covering the children is ORDERED to furnish to the party carrying the
policy, within fifteen days of receiving them. any and all forms, receipts. bills, and statements
reflecting the health-care expenses the party not carrying the policy incurs on behalf of the
children. In accordance with section 1204.25 I and IS04.0SS(a) of the Texas Insurance Code, IT
IS ORDERED that the party who is not carrying the health insurance policy covering the children,
at that party's option, may file any claims for health-care expenses directly with the insurance
Order to Modify the Parent-Child Relationship and to Confirm Arrears- D. Wade Page12 of20
'
carrier with and from whom coverage isprovided for the benefit of the children and receive
payments directly from the insurance company. Further, for the sole purpose of section 1204.25 I
of the Texas Insurance Code, DANIEL ALLEN WADE is designated the managing conservator
or possessory conservator of the children.
The pany who is carrying the health insurance policy covering the children is ORDERED
to submit all forms required by the insurance company for payment or reimbursement of health-
care expenses incurred by either pany on behalf of a child to the insurance carrier within fifteen
days of that pany's receiving any form, receipt, bill, or statement reflecting the expenses.
8. Constructive Trust for Payments Received - IT IS ORDERED that any insurance
payments received by a pany from the health insurance carrier as reimbursement for health-care
expenses incurred by or on behalf of a child shall belong to the pany who paid those expenses. IT
IS FURTHER ORDERED that the party receiving the insurance payments is designated a
constructive trustee to receive any Insurance checks or payments for health-care expenses paid by
the other party, and the pany carrying the policy shall endorse and forward the checks or payments.
along with any explanation of benefits received. to the other pany within three days of receiving
them.
9. WARNING- A PARENT ORDERED TO PROVIDE HEALTH INSURANCE OR
TO PAY THE OTHER PARENT ADDITIONAL CHILD SUPPORT FOR THE COST OF
HEALTH INSURANCE WHO FAILS TO DO SO IS LIABLE FOR NECESSARY MEDICAL
EXPENSES OF THE CHILDREN. WITHOUT REGARD TO WHETHER THE EXPENSES
WOULD HAVE BEEN PAID IF 1-iEALTH INSURANCE HAD BEEN PROVIDED. AND FOR
THE COST OF HEALTH INSURANCE PREMIUMS OR CONTRIBUTIONS, IF ANY, PAID
ON BEHALF OF THE CHILDREN.
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Miscellaneous Child Support Provi.vions
No Credit for Informal Pavments
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 DANIEL ALLEN
WADE to ROBIN NICOLE WADE or any expenditures incurred by DANIEL ALLEN WADE
during DANIEL ALLEN WADE's periods of possession of or access to the children, as
prescribed in this order, for food. ·clothing, gif\s, 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 DANIEL ALLEN WADE and shall not terminate on the death of DANIEL
ALLEN WADE. 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 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
DANIEL ALLEN WADE's estate.
Trnnination of Orders on Remaniage of Parties but Not on Peath of Obligee
The provisions of this order relating to current child support terminate on the remarriage
of DANIEL ALLEN WADE to ROBIN NICOLE WADE unless a nonparent or agency has been
appointed conservator of the children under chapter IS3 of the Te1eas Family Code. An obligation
to pay child support under this order does not terminate on the death of ROBIN NICOLE WADE
but continues as an obligation to BRODIE MICHAEL WADE, GRAYSON DANIEL WADE and
RHYDER COLE WADE.
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Required Jnformalion
The information required for each pany by section I05.006{a) of the Texas Family Code
is as follows:
Name: DANIEL ALLEN WADE
Social Security number: xxx-xx-x504
Driver's license number: xxx;u957 Issuing state: Texas
Current residence address: I013 Christopher Coun, Arlington, Texas 76015
Mailing address: I013 Christopher Coun, Arlington, Texas 76015
Home telephone number: 682-429-2099
Name of employer: Pronto Delivery Service
Address of employment: 7420 Cooper St., Arlington, Texas 76001
Work telephone number: 817-261-0035
Name: ROBIN NICOLE WADE
Social Security number: xxx-xx-_
Driver's license number: xxxxx_ Issuing state: Texas
Current residence address: 6241 Stephenson Levy. Fon Wonh, Texas 76140
Mailing address: 6241 Stephenson Levy, Fon Wonh. Texas 76140
Home telephone number: 817-996-5725
Name of employer:
Address of employment:
Work telephone number:.
Name: Office of the Attorney General
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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
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
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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 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 clerk at 200 E. Weatherford, Fort Worth, 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.
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
COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL
FOR UP TO SIX MONTHS, A FINE OF UP TO $SOO 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.
THE COURT MAY MODIFY THIS ORDER THAT PROVIDES FOR THE SUPPORT
OF A CHILD IF:
Order to ModifY the Parent-OIIId Relationship and to Confirm Arrears- D. Wade Pagel? ofZO
(I) THE CIRCUMSTANCES OF THE CHILD OR A PERSON AFFECTED BY THE
ORDER HAVE MATERIALLY AND SUBSTANTIALLY 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.
Allorney'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.
ReliefNot Granted
IT IS ORDERED that all relief requested in this case and not expressly granted is denied.
All other terms of the prior orders .not specifically modified in this order shall remain in full force
and effect.
Date of Order
JUDGEPRSiDJNG
Order to Moclll'y tho Parent·Chlld Relationship and to Confinn Arrears - D. Wade Page 18 or:zo
APPROVED AS TO FORM ONLY:
TURNER-MONAHAN, PLLC
I00 Throckmorton, Suite 170
Fort Worth, Texas 76102
Tel: (817) 332-4477
Fax:(817)332-4499
Email: info@tumolaw.com
By:~~
TYLER R. MONAHAN
State Bar No. 24067775
DICK TURNER
State Bar No. 20328300
E. KEETON MONAHAN
State Bar No. 24081619
NATHAN HATTON
State Bar No. 24061181
Attorneys for DANIEL ALLEN WADE
BARROWS FIRM, P.C.
500 E. Belknap St, Ste A
Fort Worth, Texas 76102
Tel: (817)481-1Ss3
Fax: (817) 381-1135
Email: LBarrows@barrywstirm.com
By·~
'ci ~ON,OFCOUNSEL
State Bar No. Oo7go3, !e
Attorney for ROBIN NICOLE WADE
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Preview
NO. 36Q-543013-13 IN THE INTEREST OF § IN THE DISTRICT COURT § BRODIE MICHAEL WADE, GRAYSON § 360TH JUDICIAL DISTRICT DANIEL WADE AND RHYDER COLE § WADE § § CHILDREN § TARRANT COUNTY, TEXAS AGREED ORDER IN SUIT TO MODIFY fARENI-CHILD R£LAJIONSHIP On August 31, 2016 the Court considered this case. Appearances Petitioner, DANIEL ALLEN WADE, appeared in person and through attorney of record, TYLER R. MONAHAN, ESQ., and announced agreement had been reached. Respondent. ROBIN NICOLE WADE, appeared in person and through attorney of record, CLIFFORD BRONSON, ESQ. and announced agreement had been reached. Other parties appearing were: The OFFICE OF THE ATTORNEY GENERAL has agreed to the tenns of this order. as evidenced by the signature below. Consent by Person with Right to Designate Primary Residem:e ROBIN NICOLE WADE, who has the exclusive right to designate the primary residence of the children, has consented to the terms of this order as evidenced by ROBIN NICOLE WADE'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 parties and that no other court has continuing, exclusive jurisdiction of this case. All persons entitled to citation were properly cited. COURT MINUTES TRANSACTION'# \f\ ~O::rd::'er:':to':'M;';od""';;;ll'y~th~eP;;"are!l!":'nt:":·C:;;'h';!'lld~Re:"':"la:;'tlo!l!ns"':h:':'lp""a""nd~to="!Co!l!n";ft""rm""Arrea':"""..rs"""-'!'o.~w':"ad":'e.....,......,.""""Pa•g•a""t•or!llz'!'o Jury A jury was waived, and all questions of fact and of law were submitted to the Court. Record The making of a record of testimony was waived by the parties with the consent of the Court. Children The Court finds that the following children are the subject of this suit: Name: BRODIE MICHAEL WADE Sex: Male Birth date: 1110112007 Home state: Texas Name: GRAYSON DANIEL WADE Sex: Male Birth date: 08/0312009 Home state: Texas Name: RHYDER COLE WADE Sex: Male Birth date: 08/18120 II Home state: Texas Findings The Court finds that the mitterial 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. Best Interest ofthe Children The Court finds that the following orders are in the best interest of the children. Child Support Arrearages It is FOUND and CONFIRMED that DANIEL ALLEN WADE, Obligor, is in arrears in Order to Modi~ the Parent-Child Relationship 1nd to Confirm Arrears - 0. Wade Page2of20 the amount of zero dollars ($0.00) as of August 30,2016. This includes all unpaid child support and retroactive modification back to 3131116 as of the specified date. Ajudgment is granted against DANIEL ALLEN WADE and in favor of the OFFICE OF THE ATIORNEY GENERAL in the amount of$0.00, with interest as provided by the law of the State of Texas, at the rate of 6% per annum for colleetion and distribution according to law. Spou$t1/ Support Judgment It is FOUND and CONFIRMED that DANIEL ALLEN WADE, Obligor, failed to provide spousal support as ordered and DANIEL ALLEN WADE is in a!Tellrs in the amount of S17, 936.14 as of August 30, 2016. This includes all unpaid spousal support and any balance owed on previously confirmed medical support arrearages or retroactive support judgment as of the specified date. A spousal support judgment is granted against DANIEL ALLEN WADE and in favor of ROBIN NICOLE WADE in the amount of$17,936.14, with interest as provided by the law of the State of Texas, at the rate of 6% per annum for collection and distribution according to law. Release It is further FOUND and CONFIRMED that ROBIN NICOLE WADE, Obligee, releases said $2,380.29 of the spousal support judgment. representing Obligee's share of the judgment. including any and all interest which may have accrued, which is not assigned to the Attorney General as the IV-D agency. Spousal Support Judgmell/ ajler Release A spousal support judgment is granted, after release, against DANIEL ALLEN WADE and in favor of ROBIN NICOLE WADE in the amount of$15,555.85, with interest as provided by the law of the State of Texas, at the rate of 6% per annum for collection and distribution Order to Modify the Parent-chHd Relationship and to Confirm Arrears -D. Wade Page3 ofZO according to law. DANIEL ALLEN WADE. Obligor, is ORDERED to pay said spousal support judgment by paying by $350.00 each month beginning the Ist day of September. 2016 payable on or before that date and on or before the same day of each month thereafter until the arrearage is paid in full. The withholding authorized herein below shall include such payments, but nothing herein shall prohibit the usc of other collection methods authorized by law. The Court"s order setting payments on a child support judgment or on a medical support judgment does not preclude or limit the usc of any other means for enforcement of the judgment. Notice to Obligor Any judgment rendered herein is not an installment debt and the entire judgment is now due and owing. The OFFICE OF THE AITORNEV GENERAL may take whatever enforcement remedies deemed necessary including any remedies required by federal or state laws to collect this judgment, even if regular periodic payments on this judgment are being made. DANIEL ALLEN WADE is placed on notice that should he fail to pay current child and medical support, or toward the arrearage as ordered herein. the OFFICE OF THE AITORNEV GENERAL may pursue an action to suspend any or all licenses he may have. Pursuant to Texas Family Code §I 57.269. the Court retains jurisdiction over this matter until all current support and all support arrcaragcs. including interest and any applicable fees and costs, have been paid. Child SupPort IT IS ORDERED that DANIEL ALLEN WADE is obligated to pay and shall pay to ROBIN NICOLE WADE child support of six hundred ninety dollars and zero cents ($690.00) per month, with the first payment being due and payable on September I, 2016 and a like payment Order to Modify the Parent·Chlld Relationship and to Confirm Arrears- D. Wade Pase4of20 being due and payable on the first day of each month thereafter until the tirst 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 marries; 3. any child dies; 4. any child enlists in the anned forces of the United States and begins active service as defined by section 101 oftitle 10 of the United States Code; or S. any child's disabilities are otherwise removed for general purposes. Thereafter, DANIEL ALLEN WADE is ORDERED to pay to ROBIN NICOLE WADE child support of five hundred seventy nine dollars and zero cents ($579.00) 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 another child and a like sum of five hundred seventy nine dollars and zero cents ($579.00) due and payable on the first day of each month thereafter until the next occurrence of one of the events specified above for another child. Thereafter, DANIEL ALLEN WADE is ORDERED to pay to ROBIN NICOLE WADE child support of four hundred sixty three dollars and zero cents ($463.00} 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 another child and a like sum of four hundred sixty three dollars and zero cents ($463.00) due and payable on the first day of each month thereafter until the next occurrence of one of the events specified above for another child. If the child is eighteen years of age and has not graduated from high school, IT IS Order to Modify tl1e Parent·Chlld Relationship and to Conlinn Arrears- D. Wade Page5of20 ORDERED that DANIEL ALLEN WADE's obligation to pay child support to ROBIN NICOLE WADE shall not tenninate but shall continue for as long as the child is enrolled· I. under chap1er 25 of the Teltas Education Code in an accredited secondary school in a proliram 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. Wjthholdjng from Earnings IT IS ORDERED that any employer of DANIEL ALLEN WADE shall be ordered to withhold from earnings for child support from the disposable earnings of DANIEL ALLEN WADE for the support of BRODIE MICHAEL WADE, GRAYSON DANIEL WADE and RHYDER COLE WADE. IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of DANIEL ALLEN WADE by the employer and paid in accordance wilh the order to that employer shall constitute a credit against the child support obligation. Payment of the fu!l 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 I00 percent of the amount ordered to be paid by this order, the balance due remains an obligation of DANIEL ALLEN WADE, and il is hereby ORDERED that DANIEL ALLEN WADE pay the balance due directly to the state disbursement unit specified below. Order to Modl(y tbe Parent·Chlld Rela~onshlp and to Conftrm Arrears - D. Wade Page6ofZO 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 ROBIN NICOLE WADE 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 FUR1liER ORDERED that DANIEL ALLEN WADE shall notify this Court and ROBIN NICOLE WADE 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 termination of employment. This notice or a subsequent notice shall also provide the current address of DANIEL ALLEN WADE and the name and address of his current employer, whenever that information becomes available. Clerk's outies 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. ROBIN NICOLE WADE, DANIEL ALLEN WAD E. or an attorney representing ROBIN NICOLE WADE or DANIEL ALLEN WADE, the clerk of this Court shall cause a certified copy of the Income Withholding for Support to be delivered to any employer. Health Care I. IT IS ORDERED that DANIEL ALLEN WADE and ROBIN NICOLE WADE shall each provide medical support for each child as set out in this order as additional child support Order to Modify tho Parent-Child Relationship and to Confirm Arrears- D. Wade Page 7 of20 for as long as the Coun may order DANIEL ALLEN WADE and ROBIN NICOLE WADE to provide suppon for the child under sections I54.001 and I54.002 of the Texas Family Code. Beginning on the day DANIEL ALLEN WADE and ROBIN NICOLE WADE's actual or potential obligation to suppon a child under sections I54.00 I and I54.002 of the Family Code terminates, IT IS ORDERED that DANIEL ALLEN WADE and ROBIN NICOLE WADE are discharged from the obligations set forth in this medical support order with respect to that child, except for any failure by a parent .to fully comply with those obligations before that date. IT IS FURTHER ORDERED that the cash medical suppon payments ordered below are payable through the state disbursement unit and subject to the provisions for withholding from earnings provided above for other child suppon payments. 2. Defanitions- "Health Insurance" means Insurance coverage that provides basic health-care services, including usual physician services, office visits. hospitalization, and laboratory, X-ray. and emergency services, that may be provided through a health maintenance organization or other private or public organization, other than medical assistance under chapter 32 of the Texas Human Resources Code. "Reasonable cost" means the total cost of health insurance coverage for all children for which DANIEL ALLEN WADE isresponsible under a medical suppon order that does not exceed 9 percent of DANIEL ALLEN WADE's annual resources, as described by section IS4.062(b) of the Texas Family Code. "Reasonable and necessary heallh-care expenses not paid by insurance and incurred by or on behalf of a child" include, without limitation. any copayments tor office visits or prescription drugs, the yearly deductible, if any, and medical. surgical, prescription drug, mental health-care Order to Modil)l the Parent-child Relationship and to Confirm Arrears- D. Wade Page8of20 services, dental, eye care. ophthalmological. and orthodontic charges. These reasonable and necessary health-care expenses do not include expenses for travel to and from the health-care provider or for nonprescription medication. "Furnish" means- a. to hand deliver the document by a person eighteen years of age or older either to the recipient or to a person who is eighteen years of age or older and permanently resides with the recipient; b. to deliver the document to the recipient by certified mail, return receipt requested. to the recipient's last known mailing or residence address; or c. to deliver the document to the recipient at the recipient's last known mailing or residence address using any person or entity whose principal business is that of a courier or deliverer of papers or documents either within or outside the United States. 3. Findings on Health Insurance Availability- Having considered the cost, accessibility, and quality of health insurance coverage available to the parties, the Court finds: Health insurance is available or isin effect for the children through ROBIN NICOLE WADE's employment or membership in a union, trade association. or other organization at a reasonable cost of $130.00 per month. IT IS FURTHER FOUND that the following orders regarding health-care coverage are in the best interest of the children. 4. Provision of Health-care Coverage - As child support. ROBIN NICOLE WADE is ORDERED to continue to maintain health insurance for each child who is the subject of this suit that covers basic health-care services. Order to ModiIf the Parent-Child Rela~onshlp and to ConHrm Arrears- D. Wade Pase9orzo including usual physician services, office visits, hospitalization. laboratory. X-ray. and emergency services. ROBIN NICOLE WADE is ORDERED to maintain such health insurance in full force and effect on each child who is the subject of this suit as long as child support is payable for that child. ROBIN NICOLE WADE isORDERED to convert any group insurance to individual coverage or obtain other health insurance for each child within fifteen days of termination of her employment or other disqualification from the group insurance. ROBIN NICOLE WADE is ORDERED to exercise any conversion options or acquisition of new health insurance in such a manner that the resulting insurance equals or exceeds that in effect immediately before the change. ROBIN NICOLE WADE is ORDERED to furnish DANIEL ALLEN WADE and the Office of the Attorney General Child Support Division a true and correct copy of the health insurance policy or certification and a schedule of benefits within 14 days of the signing of this order. ROBIN NICOLE WADE is ORDERED to furnish DANIEL ALLEN WADE the insurance cards and any other forms necessary for use of the insurance within 14 days of the signing of this order. ROBIN NICOLE WADE is ORDERED to provide, within three days of receipt by her, to DANIEL ALLEN WADE any insurance checks, other payments, or explanations of benefits relating to any medical expenses for the children that DANIEL ALLEN WADE paid or incurred. Pursuant to section IS04.0S I of the Texas Insurance Code, it is ORDERED that if ROBIN NICOLE WADE is eligible for dependent health coverage but fails to apply to obtain coverage for the children, the insurer shall enroll the children on application of DANIEL ALLEN WADE or others as authorized by law. Pursuant to section 154.182 of the Texas Family Code. DANIEL ALLEN WADE is Order to Modify the Parent·Chlld Relationship and to Conftnn Arrears- D. Wade Page10of20 ORDERED to pay ROBIN NICOLE WADE cash medical support for reimbursement of health insurance premiums. as additional child support. of one hundred thirty dollars and zero cents ($130.00) per month, with the first installment being due and payable on September I. 2016 and a like installment being due and payable on or before the first day ofeach month until the termination of current child support for all children under this order. IT IS ORDERED that the cash medical support provisions of this order shall be an obligation of the estate of DANIE~ ALLEN WADE and shall not terminate on his death. Pursuant to section 154.183(c) of the Texas Family Code, the reasonable and necessary health-care expenses of the children that are not reimbursed by health insurance are allocated as follows: ROBIN NICOLE WADE is ORDERED to pay 50 percent and DANIEL ALLEN WADE is ORDERED to pay 50 percent of the unreimbursed health-care expenses if. at the time the expenses are incurred. ROBIN NICOLE WADE is providing health insurance as ordered. The pany who incurs a health-care expense on behalf of a child is ORDERED to furnish to the other party all forms, receipts, bills, statements, and explanations of benefits reflecting the uninsured portion of the health-care expenses within thirty days after he or she receives them. The nonincurring party is ORDERED to pay his or her percentage of the uninsured portion of the health-care expenses either by paying the health-care provider directly or by reimbursing the incurring party for any advance payment exceeding the incurring party's percentage of the uninsured portion of the health-care expenses within thirty days after the nonincurring party receives the forms, receipts, bills, statements, and explanations of benefits. These provisions apply to all unreimbursed health-care expenses of any child who is the subject of this suit that are incurred while child support is payable for that child. S. Secondary Coverage· IT IS ORDERED that if a party provides secondary health Order to ModiiY the Parent-thUd Relationship ond to Confirm Arrears- D. Wade Pasell of20 insurance coverage for the children, both parties shall cooperate fully with regard to the handling and filing of claims with the insurance carrier providing the coverage in order to maximize the benefits available to the children and to ensure that the party who pays for health-care expenses for the children is reimbursed for the payment from both carriers to the fullest extent possible. 6. Compliance with Insurance Company Requirements- Each party is ORDERED to conform to all requirements imposed by the terms and conditions of the policy of health insurance covering the children in order to assure the maximum reimbursement or direct payment by the insurance company of the incurred health-care expense, including but not limited to requirements for advance notice to any carrier, second opinions, and the like. Each party is ORDERED to use "preferred providers," or services within the health maintenance organization, if applicable. Disallowance of the bill by a health insurer shall not excuse the obligation of either party to make paymenL Excepting emergency health-care expenses incurred on behalf of the children, if a pany incurs health-care expenses for the children using "out-of-network" health-care providers or services, or fails to follow the health insurance company procedures or requirements, that party shall pay all such health-care expenses incurred absent (I) wrinen agreement of the parties allocating such health-care expenses or (2) further order of the Court. 7. Claims - Except as provided in this paragraph, the party who is not carrying the health insurance policy covering the children is ORDERED to furnish to the party carrying the policy, within fifteen days of receiving them. any and all forms, receipts. bills, and statements reflecting the health-care expenses the party not carrying the policy incurs on behalf of the children. In accordance with section 1204.25 I and IS04.0SS(a) of the Texas Insurance Code, IT IS ORDERED that the party who is not carrying the health insurance policy covering the children, at that party's option, may file any claims for health-care expenses directly with the insurance Order to Modify the Parent-Child Relationship and to Confirm Arrears- D. Wade Page12 of20 ' carrier with and from whom coverage isprovided for the benefit of the children and receive payments directly from the insurance company. Further, for the sole purpose of section 1204.25 I of the Texas Insurance Code, DANIEL ALLEN WADE is designated the managing conservator or possessory conservator of the children. The pany who is carrying the health insurance policy covering the children is ORDERED to submit all forms required by the insurance company for payment or reimbursement of health- care expenses incurred by either pany on behalf of a child to the insurance carrier within fifteen days of that pany's receiving any form, receipt, bill, or statement reflecting the expenses. 8. Constructive Trust for Payments Received - IT IS ORDERED that any insurance payments received by a pany from the health insurance carrier as reimbursement for health-care expenses incurred by or on behalf of a child shall belong to the pany who paid those expenses. IT IS FURTHER ORDERED that the party receiving the insurance payments is designated a constructive trustee to receive any Insurance checks or payments for health-care expenses paid by the other party, and the pany carrying the policy shall endorse and forward the checks or payments. along with any explanation of benefits received. to the other pany within three days of receiving them. 9. WARNING- A PARENT ORDERED TO PROVIDE HEALTH INSURANCE OR TO PAY THE OTHER PARENT ADDITIONAL CHILD SUPPORT FOR THE COST OF HEALTH INSURANCE WHO FAILS TO DO SO IS LIABLE FOR NECESSARY MEDICAL EXPENSES OF THE CHILDREN. WITHOUT REGARD TO WHETHER THE EXPENSES WOULD HAVE BEEN PAID IF 1-iEALTH INSURANCE HAD BEEN PROVIDED. AND FOR THE COST OF HEALTH INSURANCE PREMIUMS OR CONTRIBUTIONS, IF ANY, PAID ON BEHALF OF THE CHILDREN. Order to Modify the Parent.Chlld Relationship and to Confirm Arrears- D. Wade Page13of20 Miscellaneous Child Support Provi.vions No Credit for Informal Pavments 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 DANIEL ALLEN WADE to ROBIN NICOLE WADE or any expenditures incurred by DANIEL ALLEN WADE during DANIEL ALLEN WADE's periods of possession of or access to the children, as prescribed in this order, for food. ·clothing, gif\s, 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 DANIEL ALLEN WADE and shall not terminate on the death of DANIEL ALLEN WADE. 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 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 DANIEL ALLEN WADE's estate. Trnnination of Orders on Remaniage of Parties but Not on Peath of Obligee The provisions of this order relating to current child support terminate on the remarriage of DANIEL ALLEN WADE to ROBIN NICOLE WADE unless a nonparent or agency has been appointed conservator of the children under chapter IS3 of the Te1eas Family Code. An obligation to pay child support under this order does not terminate on the death of ROBIN NICOLE WADE but continues as an obligation to BRODIE MICHAEL WADE, GRAYSON DANIEL WADE and RHYDER COLE WADE. Order to Modi!)< the Parent•Chlld Relationship and to Conllnn Arrears- D. Wade Page14of20 Required Jnformalion The information required for each pany by section I05.006{a) of the Texas Family Code is as follows: Name: DANIEL ALLEN WADE Social Security number: xxx-xx-x504 Driver's license number: xxx;u957 Issuing state: Texas Current residence address: I013 Christopher Coun, Arlington, Texas 76015 Mailing address: I013 Christopher Coun, Arlington, Texas 76015 Home telephone number: 682-429-2099 Name of employer: Pronto Delivery Service Address of employment: 7420 Cooper St., Arlington, Texas 76001 Work telephone number: 817-261-0035 Name: ROBIN NICOLE WADE Social Security number: xxx-xx-_ Driver's license number: xxxxx_ Issuing state: Texas Current residence address: 6241 Stephenson Levy. Fon Wonh, Texas 76140 Mailing address: 6241 Stephenson Levy, Fon Wonh. Texas 76140 Home telephone number: 817-996-5725 Name of employer: Address of employment: Work telephone number:. Name: Office of the Attorney General Order to Modify the Parent-Child Relationship and to Confirm Arrears - D. Wade Paget5of20 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 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 Order to Modll)l the Parent.Chlld Relationship and to Confirm Arrears- D. Wade Page16of20 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 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 clerk at 200 E. Weatherford, Fort Worth, 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. 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 COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $SOO 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. THE COURT MAY MODIFY THIS ORDER THAT PROVIDES FOR THE SUPPORT OF A CHILD IF: Order to ModifY the Parent-OIIId Relationship and to Confirm Arrears- D. Wade Pagel? ofZO (I) THE CIRCUMSTANCES OF THE CHILD OR A PERSON AFFECTED BY THE ORDER HAVE MATERIALLY AND SUBSTANTIALLY 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. Allorney'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. ReliefNot Granted IT IS ORDERED that all relief requested in this case and not expressly granted is denied. All other terms of the prior orders .not specifically modified in this order shall remain in full force and effect. Date of Order JUDGEPRSiDJNG Order to Moclll'y tho Parent·Chlld Relationship and to Confinn Arrears - D. Wade Page 18 or:zo APPROVED AS TO FORM ONLY: TURNER-MONAHAN, PLLC I00 Throckmorton, Suite 170 Fort Worth, Texas 76102 Tel: (817) 332-4477 Fax:(817)332-4499 Email: info@tumolaw.com By:~~ TYLER R. MONAHAN State Bar No. 24067775 DICK TURNER State Bar No. 20328300 E. KEETON MONAHAN State Bar No. 24081619 NATHAN HATTON State Bar No. 24061181 Attorneys for DANIEL ALLEN WADE BARROWS FIRM, P.C. 500 E. Belknap St, Ste A Fort Worth, Texas 76102 Tel: (817)481-1Ss3 Fax: (817) 381-1135 Email: LBarrows@barrywstirm.com By·~ 'ci ~ON,OFCOUNSEL State Bar No. Oo7go3, !e Attorney for ROBIN NICOLE WADE -- t.Ls