Preview
NO. 325-555760-14
IN THE INTEREST OF IN THE DISTRICT COURT
ALIA G. HAIDER 325TH JUDICIAL DISTRICT
A CHILD
Mmm
TARRANT COUNTY, TEXAS
MODIFIED TEMPORARY ORDERS
On October 12, 2016 the Court heard Petitioner's application for
temporary Orders.
Appearances
Petitioner, Shabbab Haider, appeared in person and through attorney of
record, The Durden Law Firm, PC, and announced ready.
Respondent, Courtney Amber Halder Hussien, appeared in person and
through attorney of record, Mary Holland, and announced ready.
The parties have agreed to the terms of this order as evidenced by their
signatures below.
Jurisdiction
The Court, after examining the record, and the agreement of the parties
and hearing the evidence and argument of counsel, finds that all necessary
prerequisites of the law have been legally satisfied and that this Court has
jurisdiction of this case and of all the parties.
Child’
The following Orders are for the safety and welfare and in the best
ITIO Haider Child Modified Temporary Orders
Cause No. 325-555760-14 Page 1 of 22
TRANSACTION #
COUATS ions 3, 5 iginterest of the following child:
Name: Alia G. Haider
Sex: Female
Birth date: 09/05/2011
Home state: Texas
Possession and Access (Alternating Week Year-Round Possession Schedule)
The Court ORDERS that each conservator shall comply with all terms and
conditions of this possession order.
The Court ORDERS that this possession order is effective immediately and
applies to all periods of possession occurring on and after the date the Court signs
this order.
1. Designation of Conservators
The Court ORDERS that the conservators are designated in this Possession
Schedule as Mother and Father.
2. Mutual Agreement
The Court ORDERS that Mother and Father shall have possession of the
child at any and all times mutually agreed to in advance by Mother and Father.
In the absence of mutual agreement, the Court ORDERS that Mother and
Father shall have possession of the child as ordered below.
3. Weekly Possession Year Round
The Mother and Father shall have the right to possession of the child on an
ITIO Haider Child Modified Temporary Orders
Cause No. 325-555760-14 Page 2 of 22alternating week schedule. Mother’s schedule begins September 2, 2016 from the
time school is dismissed until the following Friday return to school and alternating
weeks thereafter. Father’s schedule begins September 7, 2016 from the time school
is dismissed until the following Friday return to school and alternating weeks
thereafter.
4. Definitions
“School” means the primary or secondary school where a child is enrolled,
or if the child is not enrolled in a primary or secondary school, the public school
district where the child primarily resides.
“Child” includes each child, whether one or more, who is subject of this suit
while that child is under the age of eighteen years and not otherwise emancipated.
A “week” begins on Friday.
The words “after school” or “when school is dismissed” means the time
school is dismissed where the child attends school.
The words “return to school” mean the time school begins each day
where the child attends school.
If weekly possession conflicts with holiday or summer schedule, you
must follow the holiday or summer schedule.
ITIO Haider Child Modified Temporary Orders
Cause No. 325-555760-14 Page 3 of 225. Holiday Schedule
Father's Schedule Father's Father’s
right to right to
Father's schedule if the Father is not already in possession {| possession
possession of the child under the alternative week shall begin | shall end at:
possession schedule. Father shall have the right to at:
possession of the child as follows:
Thanksgiving Begins on Thanksgiving Day at 4:00 p.m. 6:00 p.m.
Odd-Numbered 4:00 p.m. and ends on Friday after
Years Thanksgiving at 6:00 p.m.
Thanksgiving Starts the Wednesday before When 4:00 p.m.
Even-Numbered Thanksgiving Day and ends on at | School
Years Thanksgiving Day at 4:00 p.m. recesses
Christmas Break Starts December 24" at 6:00 p.m. | 6:00 p.m, 4:00 p.m.
Odd-Numbered and ends December 25" at 4:00
Years p.m.
Christmas Break Starts December 25% at 4:00 p.m. | 4:00 p.m. 6:00 p.m.
Even-Numbered and ends December 26" at 5:00
Years p.m.
Spring Break Starts on Wednesday during 6:00 p.m. 6:00 p.m.
Odd-Numbered Spring Break at 6:00 p.m. and ends
Years on Friday at 6:00 p.m.
Spring Break Starts the day school is dismissed | When 6:00 p.m.
Even-Numbered for Spring Break and ends on school
Years Wednesday during Spring Break at | recesses
6:0 p.m.
Father's Day Starts at 6:00 p.m. the Saturday 6:00 p.m. 6:00 p.m.
before Father's Day and ends at
6:00 p.m. on Father’s Day
Mother’s Schedule Mother's Mother's
right to right to
Mother's Schedule if the Mother is not already in possession | possession
possession schedule. Mother shall have a superior right | shall begin | shall end at:
to possession of the child as follows at:
Thanksgiving Starts at 4:00 p.m. Thanksgiving 4:00 p.m. 6:00 p.m.
Even-Numbered Day and ends on the Friday after
Years Thanksgiving at 6:00 p.m.
Thanksgiving Starts on Wednesday before When 4:00 p.m.
Odd-Numbered Thanksgiving and ends School
Years Thanksgiving Day at 4:00 p.m. recesses
Christmas Break Starts on December 24" at 6:00 6:00 p.m. 4:00 p.m.
Even-Numbered p.m. and ends on December 25" at
Years 4:00 p.m.
ITIO Haider Child Modified Temporary Orders
Cause No. 325-555760-14
Page 4 of 22Christmas Break Starts December 25" at 4:00 p.m. 4:00 p.m. 6:00 p.m.
Odd-Numbered and ends on December 26" at 6:00
Years p.m.
Spring Break Starts on Wednesday during 6:00 p.m. 6:00 p.m.
Even-Numbered Spring Break at 6:00 p.m. and ends
Years on Friday at 6:00 p.m. .
Spring Break Starts the day school is dismissed | Time 6:00 p.m.
Odd-Numbered for Spring Break and ends on school
Years Wednesday during Spring Break. recesses
Thanksgiving Starts at 6:00 p.m. on the Saturday | 6:00 p.m. 6:00 p.m.
Odd-Numbered before Mother's Day and ends at
Years 6:00 p.m. on Mother's Day
6. Childs’s Birthday
The conservator not already in possession of the child on the child’s
birthday shall have the right to possession of the child on the child’s birthday,
from 6:00 p.m. to 8:00 p.m., and the exchange shall take place at the Chick-fil-a
set forth herein.
7. General Terms and Conditions
Except as otherwise expressly provided in this Possession Order the
following terms and conditions apply regardless of the distance between the
residence of a parent and the child:
8. Exchange of Child at Start of Father's Possession
The Court ORDERS the Mother to surrender the child to the Father at the
beginning of Father’s possession at the child’s school, and if school is not in
session, at the Chick-fil-a located at 1475 W. Pipeline Road, Hurst, Texas 76053.
The Court ORDERS the Father to surrender the child to the Mother at the
beginning of Mother’s possession at the child’s school, and if school is not in
ITIO Haider Child Modified Temporary Orders
Cause No. 325-555760-14 Page 5 of 22session, at the Chick-fil-a located at 1475 W. Pipeline Road, Hurst, Texas 76053.
9. Child’s Personal Effects
The Court ORDERS each conservator to return with the child the personal
effects that the child brought at the beginning of the period of possession.
10. Designation of Competent Adult
Each conservator may designate a competent adult to picked up and
return the child, as applicable. The Court ORDERS a conservator or designated
competent adult be present when the child is picked up or returned.
1l. Notice if Unable to Exercise Possession
The Court ORDERS each conservator to give notice to the other person in
possession of the child on each occasion that the conservator will be unable to
exercise that conservator’s right of possession for any specified period and
notify the other conservator and the school if the child is not in school.
12. Written Notice
Written Notice shall be deemed to have been timely made if received via
Our Family Wizard or email or text message or postmarked before or at the
time that the notice is due.
WARNINGS
FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR POSSESSION OF
OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION TO ENFORCE
THIS ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT
MAY BE PUNISHABLE BY A CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A
FINE UP TO $500 FOR EACH VIOLATION AND A MONEY JUDGMENT FOR
PAYMENT OF ATTORNEY’S FEES AND COURT COSTS.
ITIO Haider Child Modified Temporary Orders
Cause No. 325-555760-14 Page 6 of 22FAILURE 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.
EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY
EVERY OTHER PARTY, THE COURT, AND THE STATE CHILD SUPPORT
REGISTRY OF ANY CHANGE IN THE PARTY’S CURRENT RESIDENCE ADDRESS,
MAILING ADDRESS, HOME TELEPHONE NUMBER, AND WORK TELEPHONE
NUMBER. THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE
IN ANY OF THE REQUIRED INFORMATION TO THE OTHER PARTY, THE COURT,
AND THE STATE CASE REGISTRY ON OR BEFORE THE 60™ DAY BEFORE THE
INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE
KNOWN OF THE CHANGE IN SUFFICIENT TIME TO GIVE NOTICE OF THE
CHANGE TO PROVIDE 60-DAYS NOTICE, THE PARTY IS ORDERED TO GIVE
NOTICE OF THE CHANGE ON OR BEFORE THE 5™ DAY AFTER THE DATE THAT
THE PARTY KNOWS OF THE CHANGE.
THE DUTY TO FURNISH THIS INFORMATION TO EVERY OTHER PARTY, THE
COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY
PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD
SUPPORT OR ENTITLED TO POSSESSION OR ACCESS TO A CHILD.
FAILURE BY A PARTY TO OBEY THE ORDER OF THE COURT TO PROVIDE EVERY
OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE
CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER
LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A
FINDING OF CONTEMPT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR
UP TO SIX MONTHS. A FINE OF UP TO $500 FOR EACH VIOLATION, AND A
MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS.
NOTICE SHALL BE GIVEN TO EVERY OTHER PARTY BY DELIVERING A COPY OF
THE NOTICE TO EACH PARTY BY REGISTERED OR CERTIFIED MAIL, RETURN
RECEIPT REQUESTED. NOTICE SHALL BE GIVEN TO THE COURT AND THE
STATE CASE REGISTRY BY DELIVERING A COPY OF THE NOTICE EITHER IN
PERSON TO THE CLERK OF THE COURT OR BY REGISTERED OR CERTIFIED MAIL
ADDRESSED TO THE CLERK.
ITIO Haider Child Modified Temporary Orders
Cause No. 325-555760-14 Page 7 of 22NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY USE
REASONABLE EFFORTS TO ENFORCE THE TERMS OF CHILD CUSTODY
SPECIFIED IN THIS ORDER.
A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE
OFFICER'S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST
ANY CLAIM, CIVIL OR OTHERWISE, REGARDING THE OFFICER'S GOOD FAITH
ACTS PERFORMED IN THE SCOPE OF THE OFFICER’S DUTIES IN ENFORCING
THE TERMS OF THE ORDER THAT RELATE TO THE CHILD CUSTODY.
ANY PERSON WHO KNOWINGLY PRESENTS FOR LAW ENFORCEMENT AN ORDER
THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY
BR PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND
A FINE OF AS MUCH AS $10,000.
This concludes the Possession (Visitation) Order.
Duration
The periods of possession ordered above apply to the child the subject of
this suit while that child is under the age of eighteen years and not otherwise
emancipated.
Termination of Orders
The provisions of this order relating to conservatorship, possession, or
access terminate on the remarriage of Shabbab Haider to Courtney Amber
Halder Hussien unless a nonparent or agency has been appointed conservator
of the child under chapter 153 of the Texas Family Code.
Child Support
IT IS ORDERED that Shabbab Haider pay to Courmey Amber Halder
Hussien for the support of Alia G. Haider five hundred twenty-five and 41 cents
($525.41) per month, with the first payment being due and payable on
ITIO Haider Child Modified Temporary Orders
Cause No. 325-555760-14 Page 8 of 22November 1, 2016 and a like payment being due and payable on the first day of
each month thereafter until further order of this Court.
Withholding from Earnings
IT IS ORDERED that any employer of Shabbab Haider shall be ordered to
withhold from earnings for child support from the disposable earnings of
Shabbab Haider for the support of Alia G. Haider.
IT IS FURTHER ORDERED that all amounts withheld from the disposable
earnings of Shabbab Haider 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 Shabbab Haider,
and it is hereby ORDERED that Shabbab Haider 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 Courtney
Amber Halder Hussien for the support of the child. IT IS ORDERED that each
ITIO Haider Child Modified Temporary Orders
Cause No. 325-555760-14 Page 9 of 22party 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 Shabbab Haider shall notify this Court and
Courtney Amber Halder Hussien 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 Shabbab Haider 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, Courtney Amber
Halder Hussien, Shabbab Haider, or an attorney representing Courtney Amber
Halder Hussien or Shabbab Haider, the clerk of this Court shall cause a certified
copy of the Income Withholding for Support to be delivered to any employer.
Health Care
1. IT IS ORDERED that Shabbab Haider and Courtney Amber Halder
Hussien shall each provide medical support for the child as set out in this order
as additional child support for as long as the Court may order Shabbab Haider
and Courtney Amber Halder Hussien to provide support for the child under
sections 154.001 and 154.002 of the Texas Family Code. Beginning on the day
ITIO Haider Child Modified Temporary Orders
Cause No. 325-555760-14 Page 10 of 22Shabbab Haider and Courtney Amber Halder Hussien's actual or potential
obligation to support the child under sections 154.001 and 154.002 of the
Family Code terminates, IT IS ORDERED that Shabbab Haider and Courtney
Amber Halder Hussien are discharged from the obligations set forth in this
medical support order, except for any failure by a parent to fully comply with
those obligations before that date.
2. Definitions -
"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 cost of health insurance coverage for a child
that does not exceed 9 percent of Shabbab Haider's annual resources, as
described by section 154.062(b) of the Texas Family Code.
"Reasonable and necessary health-care expenses not paid by insurance
and incurred by or on behalf of a child” include, without limitation, any
copayments for office visits or prescription drugs, the yearly deductible, if any,
and medical, surgical, prescription drug, mental health-care 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.
ITIO Haider Child Modified Temporary Orders
Cause No. 325-555760-14 Page 11 of 22"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 is in effect for the child through Shabbab
Haider's employment or membership in a union, trade association, or other
organization.
IT IS FURTHER FOUND that the following Orders regarding health-care
coverage are in the best interest of the child.
4. Provision of Health-Care Coverage -
ITIO Haider Child Modified Temporary Orders
Cause No, 325-555760-14 Page 12 of 22As additional child support, Shabbab Haider is ORDERED to continue to
maintain health insurance for the child who is the subject of this suit that
covers basic health-care services, including usual physician services, office
visits, hospitalization, laboratory, X-ray, and emergency services.
Shabbab Haider is ORDERED to maintain such health insurance in full
force and effect on the child who is the subject of this suit as long as child
support is payable for that child. Shabbab Haider is ORDERED to convert any
group insurance to individual coverage or obtain other health insurance for the
child within fifteen days of termination of his employment or other
disqualification from the group insurance. Shabbab Haider 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.
Shabbab Haider is ORDERED to furnish Courtney Amber Halder Hussien
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 30 days of the signing of this order. Shabbab Haider is
ORDERED to furnish Courtney Amber Halder Hussien the insurance cards and
any other forms necessary for use of the insurance within 30 days of the
signing of this order. Shabbab Haider is ORDERED to provide, within three days
of receipt by him, to Courtney Amber Halder Hussien any insurance checks,
other payments, or explanations of benefits relating to any medical expenses
ITIO Haider Child Modified Temporary Orders
Cause No. 325-555760-14 Page 13 of 22for the child that Courtney Amber Halder Hussien paid or incurred.
Pursuant to section 1504.051 of the Texas Insurance Code, IT IS
ORDERED that if Shabbab Haider is eligible for dependent health coverage but
fails to apply to obtain coverage for the child, the insurer shall enroll the child
on application of Courtney Amber Halder Hussien or others as authorized by
law.
Pursuant to section 154.183(c) of the Texas Family Code, the reasonable
and necessary health-care expenses of the child that are not reimbursed by
health insurance are allocated as follows: Courtney Amber Halder Hussien is
ORDERED to pay 50 percent and Shabbab Haider is ORDERED to pay 50 percent
of the unreimbursed health-care expenses if, at the time the expenses are
incurred, Shabbab Haider is providing health insurance as ordered.
The party who incurs a health-care expense on behalf of the 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.
ITIO Haider Child Modified Temporary Orders
Cause No. 325-555760-14 Page 14 of 22These provisions apply to all unreimbursed health-care expenses of the
child who is the subject of this suit that are incurred while child support is
payable for the child.
5. Secondary Coverage - IT IS ORDERED that if a party provides
secondary health insurance coverage for the child, 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 child
and to ensure that the party who pays for health-care expenses for the child 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 child 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 payment.
Excepting emergency health-care expenses incurred on behalf of the child, if a
party incurs health-care expenses for the child 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
ITIO Haider Child Modified Temporary Orders
Cause No. 325-555760-14 Page 15 of 22incurred absent (1) written 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 child 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 child. In accordance with
section 1204.251 and 1504.055(a) of the Texas Insurance Code, IT IS ORDERED
that the party who is not carrying the health insurance policy covering the
child, at that party's option, may file any claims for health-care expenses
directly with the insurance carrier with and from whom coverage is provided
for the benefit of the child and receive payments directly from the insurance
company. Further, for the sole purpose of section 1204.251 of the Texas
Insurance Code, Courtney Amber Halder Hussien is designated the managing
conservator or possessory conservator of the child.
The party who is carrying the health insurance policy covering the child
is ORDERED to submit all forms required by the insurance company for
payment or reimbursement of health-care expenses incurred by either party on
behalf of the child to the insurance carrier within fifteen days of that party'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 party from the health insurance carrier as
ITIO Haider Child Modified Temporary Orders
Cause No. 325-555760-14 Page 16 of 22reimbursement for health-care expenses incurred by or on behalf of the child
shall belong to the party 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 party carrying the policy shall endorse and
forward the checks or payments, along with any explanation of benefits
received, to the other party 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 CHILD, WITHOUT REGARD TO WHETHER THE
EXPENSES WOULD HAVE BEEN PAID IF HEALTH INSURANCE HAD BEEN
PROVIDED, AND FOR THE COST OF HEALTH INSURANCE PREMIUMS OR
CONTRIBUTIONS, IF ANY, PAID ON BEHALF OF THE CHILD.
10. Notice to Employer - On this date a Medical Support Notice was
authorized to be issued by the Court. For the purpose of section 1169 of title
29 of the United States Code, the party not carrying the health insurance policy
is designated the custodial parent and alternate recipient's representative.
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 Shabbab Haider to Courtney Amber Halder Hussien unless
a nonparent or agency has been appointed conservator of the child under
ITIO Haider Child Modified Temporary Orders
Cause No. 325-555760-14 Page 17 of 22chapter 153 of the Texas Family Code. An obligation to pay child support
under this order does not terminate on the death of Courtney Amber Halder
Hussien but continues as an obligation to Alia G. Haider.
Child Custody Evaluation
The Court signed an Order for Custody Evaluation on October 12, 2016.
Pretrial Conference
The Court signed a Pre-Trial Docket Control Scheduling Order Non Jury
Docket on October 12, 2016.
Mediation
The Court signed an Agreed Order of Referral for Mediation on October
12, 2016.
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
ITIO Haider Child Modified Temporary Orders
Cause No. 325-555760-14 Page 18 of 22ORDERED 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 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 East Weatherford Street, 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.
NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY
USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF CHILD CUSTODY
ITIO Haider Child Modified Temporary Orders
Cause No. 325-555760-14 Page 19 of 22SPECIFIED IN THIS ORDER. A PEACE OFFICER WHO RELIES ON THE TERMS OF A
COURT ORDER AND THE OFFICER'S AGENCY ARE ENTITLED TO THE
APPLICABLE IMMUNITY AGAINST ANY CLAIM, CIVIL OR OTHERWISE,
REGARDING THE OFFICER'S GOOD FAITH ACTS PERFORMED IN THE SCOPE OF
THE OFFICER'S DUTIES IN ENFORCING THE TERMS OF THE ORDER THAT
RELATE TO CHILD CUSTODY. ANY PERSON WHO KNOWINGLY PRESENTS FOR
ENEORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT
COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL
FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000.
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 $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
ITIO Haider Chila Modified Temporary Orders
Cause No. 325-555760-14 Page 20 of 22CHILD. 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:
(1) 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.
Duration
These Modified Temporary Orders shall continue in force until the
signing of the final order or until further order of this Court.
SIGNED 0} tn 20%6.
Cys 25
ITIO Haider Child Modified Temporary Orders
Cause No. 325-555760-14 Page 21 of 22AGREED, APPROVED AND CONSENTED TO AS TO BOTH
FORM AND SUBSTANCE:
Shabbab Haider, Petitioner Courtney Amber Halder-Hussien,
Respondent
APPROVED AS TO FORM ONLY:
ALC
Todd A. Durden, Esq. land, Esq.
State Bar No. 06276680 ‘ate Bai . 09850700
THE Durden Law Firm, PC 1833 Bedford Road
131 E. Vine St. Bedford, Texas 76021
Keller, TX 76248 Tel: (817) 545-8576
Tel: (817) 431-0099 Fax: (817) 685-7012
Fax: (817) 431-0096 Email: marv@marvhollandlaw.com
Email: durdenlawyer@att.net Attorney for Respondent,
Website: www.thedurdenlawfirm.com Courtney Amber Halder-Hussien
Attorney for Petitioner,
Shabbab Haider
ITIO Haider Child . Modified Temporary Orders
Cause No, 325-555760-14 Page 22 of 22
Preview
NO. 325-555760-14 IN THE INTEREST OF IN THE DISTRICT COURT ALIA G. HAIDER 325TH JUDICIAL DISTRICT A CHILD Mmm TARRANT COUNTY, TEXAS MODIFIED TEMPORARY ORDERS On October 12, 2016 the Court heard Petitioner's application for temporary Orders. Appearances Petitioner, Shabbab Haider, appeared in person and through attorney of record, The Durden Law Firm, PC, and announced ready. Respondent, Courtney Amber Halder Hussien, appeared in person and through attorney of record, Mary Holland, and announced ready. The parties have agreed to the terms of this order as evidenced by their signatures below. Jurisdiction The Court, after examining the record, and the agreement of the parties and hearing the evidence and argument of counsel, finds that all necessary prerequisites of the law have been legally satisfied and that this Court has jurisdiction of this case and of all the parties. Child’ The following Orders are for the safety and welfare and in the best ITIO Haider Child Modified Temporary Orders Cause No. 325-555760-14 Page 1 of 22 TRANSACTION # COUATS ions 3, 5 iginterest of the following child: Name: Alia G. Haider Sex: Female Birth date: 09/05/2011 Home state: Texas Possession and Access (Alternating Week Year-Round Possession Schedule) The Court ORDERS that each conservator shall comply with all terms and conditions of this possession order. The Court ORDERS that this possession order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs this order. 1. Designation of Conservators The Court ORDERS that the conservators are designated in this Possession Schedule as Mother and Father. 2. Mutual Agreement The Court ORDERS that Mother and Father shall have possession of the child at any and all times mutually agreed to in advance by Mother and Father. In the absence of mutual agreement, the Court ORDERS that Mother and Father shall have possession of the child as ordered below. 3. Weekly Possession Year Round The Mother and Father shall have the right to possession of the child on an ITIO Haider Child Modified Temporary Orders Cause No. 325-555760-14 Page 2 of 22alternating week schedule. Mother’s schedule begins September 2, 2016 from the time school is dismissed until the following Friday return to school and alternating weeks thereafter. Father’s schedule begins September 7, 2016 from the time school is dismissed until the following Friday return to school and alternating weeks thereafter. 4. Definitions “School” means the primary or secondary school where a child is enrolled, or if the child is not enrolled in a primary or secondary school, the public school district where the child primarily resides. “Child” includes each child, whether one or more, who is subject of this suit while that child is under the age of eighteen years and not otherwise emancipated. A “week” begins on Friday. The words “after school” or “when school is dismissed” means the time school is dismissed where the child attends school. The words “return to school” mean the time school begins each day where the child attends school. If weekly possession conflicts with holiday or summer schedule, you must follow the holiday or summer schedule. ITIO Haider Child Modified Temporary Orders Cause No. 325-555760-14 Page 3 of 225. Holiday Schedule Father's Schedule Father's Father’s right to right to Father's schedule if the Father is not already in possession {| possession possession of the child under the alternative week shall begin | shall end at: possession schedule. Father shall have the right to at: possession of the child as follows: Thanksgiving Begins on Thanksgiving Day at 4:00 p.m. 6:00 p.m. Odd-Numbered 4:00 p.m. and ends on Friday after Years Thanksgiving at 6:00 p.m. Thanksgiving Starts the Wednesday before When 4:00 p.m. Even-Numbered Thanksgiving Day and ends on at | School Years Thanksgiving Day at 4:00 p.m. recesses Christmas Break Starts December 24" at 6:00 p.m. | 6:00 p.m, 4:00 p.m. Odd-Numbered and ends December 25" at 4:00 Years p.m. Christmas Break Starts December 25% at 4:00 p.m. | 4:00 p.m. 6:00 p.m. Even-Numbered and ends December 26" at 5:00 Years p.m. Spring Break Starts on Wednesday during 6:00 p.m. 6:00 p.m. Odd-Numbered Spring Break at 6:00 p.m. and ends Years on Friday at 6:00 p.m. Spring Break Starts the day school is dismissed | When 6:00 p.m. Even-Numbered for Spring Break and ends on school Years Wednesday during Spring Break at | recesses 6:0 p.m. Father's Day Starts at 6:00 p.m. the Saturday 6:00 p.m. 6:00 p.m. before Father's Day and ends at 6:00 p.m. on Father’s Day Mother’s Schedule Mother's Mother's right to right to Mother's Schedule if the Mother is not already in possession | possession possession schedule. Mother shall have a superior right | shall begin | shall end at: to possession of the child as follows at: Thanksgiving Starts at 4:00 p.m. Thanksgiving 4:00 p.m. 6:00 p.m. Even-Numbered Day and ends on the Friday after Years Thanksgiving at 6:00 p.m. Thanksgiving Starts on Wednesday before When 4:00 p.m. Odd-Numbered Thanksgiving and ends School Years Thanksgiving Day at 4:00 p.m. recesses Christmas Break Starts on December 24" at 6:00 6:00 p.m. 4:00 p.m. Even-Numbered p.m. and ends on December 25" at Years 4:00 p.m. ITIO Haider Child Modified Temporary Orders Cause No. 325-555760-14 Page 4 of 22Christmas Break Starts December 25" at 4:00 p.m. 4:00 p.m. 6:00 p.m. Odd-Numbered and ends on December 26" at 6:00 Years p.m. Spring Break Starts on Wednesday during 6:00 p.m. 6:00 p.m. Even-Numbered Spring Break at 6:00 p.m. and ends Years on Friday at 6:00 p.m. . Spring Break Starts the day school is dismissed | Time 6:00 p.m. Odd-Numbered for Spring Break and ends on school Years Wednesday during Spring Break. recesses Thanksgiving Starts at 6:00 p.m. on the Saturday | 6:00 p.m. 6:00 p.m. Odd-Numbered before Mother's Day and ends at Years 6:00 p.m. on Mother's Day 6. Childs’s Birthday The conservator not already in possession of the child on the child’s birthday shall have the right to possession of the child on the child’s birthday, from 6:00 p.m. to 8:00 p.m., and the exchange shall take place at the Chick-fil-a set forth herein. 7. General Terms and Conditions Except as otherwise expressly provided in this Possession Order the following terms and conditions apply regardless of the distance between the residence of a parent and the child: 8. Exchange of Child at Start of Father's Possession The Court ORDERS the Mother to surrender the child to the Father at the beginning of Father’s possession at the child’s school, and if school is not in session, at the Chick-fil-a located at 1475 W. Pipeline Road, Hurst, Texas 76053. The Court ORDERS the Father to surrender the child to the Mother at the beginning of Mother’s possession at the child’s school, and if school is not in ITIO Haider Child Modified Temporary Orders Cause No. 325-555760-14 Page 5 of 22session, at the Chick-fil-a located at 1475 W. Pipeline Road, Hurst, Texas 76053. 9. Child’s Personal Effects The Court ORDERS each conservator to return with the child the personal effects that the child brought at the beginning of the period of possession. 10. Designation of Competent Adult Each conservator may designate a competent adult to picked up and return the child, as applicable. The Court ORDERS a conservator or designated competent adult be present when the child is picked up or returned. 1l. Notice if Unable to Exercise Possession The Court ORDERS each conservator to give notice to the other person in possession of the child on each occasion that the conservator will be unable to exercise that conservator’s right of possession for any specified period and notify the other conservator and the school if the child is not in school. 12. Written Notice Written Notice shall be deemed to have been timely made if received via Our Family Wizard or email or text message or postmarked before or at the time that the notice is due. WARNINGS FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION TO ENFORCE THIS ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHABLE BY A CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE UP TO $500 FOR EACH VIOLATION AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS. ITIO Haider Child Modified Temporary Orders Cause No. 325-555760-14 Page 6 of 22FAILURE 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. EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY EVERY OTHER PARTY, THE COURT, AND THE STATE CHILD SUPPORT REGISTRY OF ANY CHANGE IN THE PARTY’S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER, AND WORK TELEPHONE NUMBER. THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED INFORMATION TO THE OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 60™ DAY BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO GIVE NOTICE OF THE CHANGE TO PROVIDE 60-DAYS NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE 5™ DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE. THE DUTY TO FURNISH THIS INFORMATION TO EVERY OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED TO POSSESSION OR ACCESS TO A CHILD. FAILURE BY A PARTY TO OBEY THE ORDER OF THE COURT TO PROVIDE EVERY OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS. A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS. NOTICE SHALL BE GIVEN TO EVERY OTHER PARTY BY DELIVERING A COPY OF THE NOTICE TO EACH PARTY BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED. NOTICE SHALL BE GIVEN TO THE COURT AND THE STATE CASE REGISTRY BY DELIVERING A COPY OF THE NOTICE EITHER IN PERSON TO THE CLERK OF THE COURT OR BY REGISTERED OR CERTIFIED MAIL ADDRESSED TO THE CLERK. ITIO Haider Child Modified Temporary Orders Cause No. 325-555760-14 Page 7 of 22NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF CHILD CUSTODY SPECIFIED IN THIS ORDER. A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE OFFICER'S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY CLAIM, CIVIL OR OTHERWISE, REGARDING THE OFFICER'S GOOD FAITH ACTS PERFORMED IN THE SCOPE OF THE OFFICER’S DUTIES IN ENFORCING THE TERMS OF THE ORDER THAT RELATE TO THE CHILD CUSTODY. ANY PERSON WHO KNOWINGLY PRESENTS FOR LAW ENFORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY BR PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000. This concludes the Possession (Visitation) Order. Duration The periods of possession ordered above apply to the child the subject of this suit while that child is under the age of eighteen years and not otherwise emancipated. Termination of Orders The provisions of this order relating to conservatorship, possession, or access terminate on the remarriage of Shabbab Haider to Courtney Amber Halder Hussien unless a nonparent or agency has been appointed conservator of the child under chapter 153 of the Texas Family Code. Child Support IT IS ORDERED that Shabbab Haider pay to Courmey Amber Halder Hussien for the support of Alia G. Haider five hundred twenty-five and 41 cents ($525.41) per month, with the first payment being due and payable on ITIO Haider Child Modified Temporary Orders Cause No. 325-555760-14 Page 8 of 22November 1, 2016 and a like payment being due and payable on the first day of each month thereafter until further order of this Court. Withholding from Earnings IT IS ORDERED that any employer of Shabbab Haider shall be ordered to withhold from earnings for child support from the disposable earnings of Shabbab Haider for the support of Alia G. Haider. IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of Shabbab Haider 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 Shabbab Haider, and it is hereby ORDERED that Shabbab Haider 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 Courtney Amber Halder Hussien for the support of the child. IT IS ORDERED that each ITIO Haider Child Modified Temporary Orders Cause No. 325-555760-14 Page 9 of 22party 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 Shabbab Haider shall notify this Court and Courtney Amber Halder Hussien 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 Shabbab Haider 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, Courtney Amber Halder Hussien, Shabbab Haider, or an attorney representing Courtney Amber Halder Hussien or Shabbab Haider, the clerk of this Court shall cause a certified copy of the Income Withholding for Support to be delivered to any employer. Health Care 1. IT IS ORDERED that Shabbab Haider and Courtney Amber Halder Hussien shall each provide medical support for the child as set out in this order as additional child support for as long as the Court may order Shabbab Haider and Courtney Amber Halder Hussien to provide support for the child under sections 154.001 and 154.002 of the Texas Family Code. Beginning on the day ITIO Haider Child Modified Temporary Orders Cause No. 325-555760-14 Page 10 of 22Shabbab Haider and Courtney Amber Halder Hussien's actual or potential obligation to support the child under sections 154.001 and 154.002 of the Family Code terminates, IT IS ORDERED that Shabbab Haider and Courtney Amber Halder Hussien are discharged from the obligations set forth in this medical support order, except for any failure by a parent to fully comply with those obligations before that date. 2. Definitions - "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 cost of health insurance coverage for a child that does not exceed 9 percent of Shabbab Haider's annual resources, as described by section 154.062(b) of the Texas Family Code. "Reasonable and necessary health-care expenses not paid by insurance and incurred by or on behalf of a child” include, without limitation, any copayments for office visits or prescription drugs, the yearly deductible, if any, and medical, surgical, prescription drug, mental health-care 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. ITIO Haider Child Modified Temporary Orders Cause No. 325-555760-14 Page 11 of 22"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 is in effect for the child through Shabbab Haider's employment or membership in a union, trade association, or other organization. IT IS FURTHER FOUND that the following Orders regarding health-care coverage are in the best interest of the child. 4. Provision of Health-Care Coverage - ITIO Haider Child Modified Temporary Orders Cause No, 325-555760-14 Page 12 of 22As additional child support, Shabbab Haider is ORDERED to continue to maintain health insurance for the child who is the subject of this suit that covers basic health-care services, including usual physician services, office visits, hospitalization, laboratory, X-ray, and emergency services. Shabbab Haider is ORDERED to maintain such health insurance in full force and effect on the child who is the subject of this suit as long as child support is payable for that child. Shabbab Haider is ORDERED to convert any group insurance to individual coverage or obtain other health insurance for the child within fifteen days of termination of his employment or other disqualification from the group insurance. Shabbab Haider 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. Shabbab Haider is ORDERED to furnish Courtney Amber Halder Hussien 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 30 days of the signing of this order. Shabbab Haider is ORDERED to furnish Courtney Amber Halder Hussien the insurance cards and any other forms necessary for use of the insurance within 30 days of the signing of this order. Shabbab Haider is ORDERED to provide, within three days of receipt by him, to Courtney Amber Halder Hussien any insurance checks, other payments, or explanations of benefits relating to any medical expenses ITIO Haider Child Modified Temporary Orders Cause No. 325-555760-14 Page 13 of 22for the child that Courtney Amber Halder Hussien paid or incurred. Pursuant to section 1504.051 of the Texas Insurance Code, IT IS ORDERED that if Shabbab Haider is eligible for dependent health coverage but fails to apply to obtain coverage for the child, the insurer shall enroll the child on application of Courtney Amber Halder Hussien or others as authorized by law. Pursuant to section 154.183(c) of the Texas Family Code, the reasonable and necessary health-care expenses of the child that are not reimbursed by health insurance are allocated as follows: Courtney Amber Halder Hussien is ORDERED to pay 50 percent and Shabbab Haider is ORDERED to pay 50 percent of the unreimbursed health-care expenses if, at the time the expenses are incurred, Shabbab Haider is providing health insurance as ordered. The party who incurs a health-care expense on behalf of the 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. ITIO Haider Child Modified Temporary Orders Cause No. 325-555760-14 Page 14 of 22These provisions apply to all unreimbursed health-care expenses of the child who is the subject of this suit that are incurred while child support is payable for the child. 5. Secondary Coverage - IT IS ORDERED that if a party provides secondary health insurance coverage for the child, 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 child and to ensure that the party who pays for health-care expenses for the child 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 child 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 payment. Excepting emergency health-care expenses incurred on behalf of the child, if a party incurs health-care expenses for the child 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 ITIO Haider Child Modified Temporary Orders Cause No. 325-555760-14 Page 15 of 22incurred absent (1) written 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 child 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 child. In accordance with section 1204.251 and 1504.055(a) of the Texas Insurance Code, IT IS ORDERED that the party who is not carrying the health insurance policy covering the child, at that party's option, may file any claims for health-care expenses directly with the insurance carrier with and from whom coverage is provided for the benefit of the child and receive payments directly from the insurance company. Further, for the sole purpose of section 1204.251 of the Texas Insurance Code, Courtney Amber Halder Hussien is designated the managing conservator or possessory conservator of the child. The party who is carrying the health insurance policy covering the child is ORDERED to submit all forms required by the insurance company for payment or reimbursement of health-care expenses incurred by either party on behalf of the child to the insurance carrier within fifteen days of that party'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 party from the health insurance carrier as ITIO Haider Child Modified Temporary Orders Cause No. 325-555760-14 Page 16 of 22reimbursement for health-care expenses incurred by or on behalf of the child shall belong to the party 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 party carrying the policy shall endorse and forward the checks or payments, along with any explanation of benefits received, to the other party 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 CHILD, WITHOUT REGARD TO WHETHER THE EXPENSES WOULD HAVE BEEN PAID IF HEALTH INSURANCE HAD BEEN PROVIDED, AND FOR THE COST OF HEALTH INSURANCE PREMIUMS OR CONTRIBUTIONS, IF ANY, PAID ON BEHALF OF THE CHILD. 10. Notice to Employer - On this date a Medical Support Notice was authorized to be issued by the Court. For the purpose of section 1169 of title 29 of the United States Code, the party not carrying the health insurance policy is designated the custodial parent and alternate recipient's representative. 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 Shabbab Haider to Courtney Amber Halder Hussien unless a nonparent or agency has been appointed conservator of the child under ITIO Haider Child Modified Temporary Orders Cause No. 325-555760-14 Page 17 of 22chapter 153 of the Texas Family Code. An obligation to pay child support under this order does not terminate on the death of Courtney Amber Halder Hussien but continues as an obligation to Alia G. Haider. Child Custody Evaluation The Court signed an Order for Custody Evaluation on October 12, 2016. Pretrial Conference The Court signed a Pre-Trial Docket Control Scheduling Order Non Jury Docket on October 12, 2016. Mediation The Court signed an Agreed Order of Referral for Mediation on October 12, 2016. 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 ITIO Haider Child Modified Temporary Orders Cause No. 325-555760-14 Page 18 of 22ORDERED 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 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 East Weatherford Street, 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. NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF CHILD CUSTODY ITIO Haider Child Modified Temporary Orders Cause No. 325-555760-14 Page 19 of 22SPECIFIED IN THIS ORDER. A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE OFFICER'S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY CLAIM, CIVIL OR OTHERWISE, REGARDING THE OFFICER'S GOOD FAITH ACTS PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES IN ENFORCING THE TERMS OF THE ORDER THAT RELATE TO CHILD CUSTODY. ANY PERSON WHO KNOWINGLY PRESENTS FOR ENEORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000. 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 $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 ITIO Haider Chila Modified Temporary Orders Cause No. 325-555760-14 Page 20 of 22CHILD. 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: (1) 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. Duration These Modified Temporary Orders shall continue in force until the signing of the final order or until further order of this Court. SIGNED 0} tn 20%6. Cys 25 ITIO Haider Child Modified Temporary Orders Cause No. 325-555760-14 Page 21 of 22AGREED, APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE: Shabbab Haider, Petitioner Courtney Amber Halder-Hussien, Respondent APPROVED AS TO FORM ONLY: ALC Todd A. Durden, Esq. land, Esq. State Bar No. 06276680 ‘ate Bai . 09850700 THE Durden Law Firm, PC 1833 Bedford Road 131 E. Vine St. Bedford, Texas 76021 Keller, TX 76248 Tel: (817) 545-8576 Tel: (817) 431-0099 Fax: (817) 685-7012 Fax: (817) 431-0096 Email: marv@marvhollandlaw.com Email: durdenlawyer@att.net Attorney for Respondent, Website: www.thedurdenlawfirm.com Courtney Amber Halder-Hussien Attorney for Petitioner, Shabbab Haider ITIO Haider Child . Modified Temporary Orders Cause No, 325-555760-14 Page 22 of 22