Preview
Filed
2/12/2024 12:23 PM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Vanessa Vasquez
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
NO. 23-DCV-311662
IN THE MATTER OF IN THE DISTRICT COURT
THE MARRIAGE OF
AUSTIN MICHAEL SCHRAMM
AND 505TH JUDICIAL DISTRICT
ALEXANDRA GARCIA SCHRAMM
AND IN THE INTEREST OF
CHILD § FORT BEND COUNTY, TEXAS
FIRST AMENDED COUNTERPETITION FOR DIVORCE
1 Discovery Level
Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas
Rules of Civil Procedure.
ey Parties
This suit is brought by Alexandra Garcia Schramm, Counterpetitioner. The last three
numbers of Alexandra Garcia Schramm's driver's license number are FF The last three numbers
of Alexandra Garcia Schramm's Social Security number are
Austin Michael Schramm is Counterrespondent.
3 Domicile
Counterpetitioner has been a domiciliary of Texas for the preceding six-month period and
a resident of this county for the preceding ninety-day period.
4 Service
Service of this document may be had in accordance with Rule 21a, Texas Rules of Civil
Procedure, by serving Counterrespondent's attorney of record, Georgia Barker at Barker Law Firm
PC, 23225 Red River Drive, Katy, Texas 77494.
5. Protective Order Statement
No protective order under title 4 of the Texas Family Code, protective order under
subchapter A, chapter 7B of the Texas Code of Criminal Procedure, or order for emergency
protection under Article 17.292 of the Texas Code of Criminal Procedure is in effect in regard to
a party to this suit or a child of a party to this suit and no application for any such order is pending.
6. Dates of Marriage and Separation
The parties were married on or about December 12, 2019 and ceased to live together as
spouses on or about November 26, 2023.
7. Grounds for Divorce
Counterrespondent is guilty of cruel treatment toward Counterpetitioner of a nature that
renders further living together insupportable.
In the alternative, the marriage has become insupportable because of discord or conflict of
personalities between Counterpetitioner and Counterrespondent that destroys the legitimate ends
of the marriage relationship and prevents any reasonable expectation of reconciliation.
8 Child of the Marriage
Counterpetitioner and Counterrespondent are parents of the following child of this
marriage who is not under the continuing jurisdiction of any other court:
|. lcUuaxx—
Sex: Male
Birth date: i a
There are no court-ordered conservatorships, court-ordered guardianships, or other court-
ordered relationships affecting the child the subject of this suit.
Information required by section 154.181(b) and section 154.1815 of the Texas Family
Code will be provided at a later date.
No property of consequence is owned or possessed by the child the subject of this suit.
Counterpetitioner believes that Counterpetitioner and Counterrespondent will enter into a
written agreement containing provisions for conservatorship of, possession of, access to, and
support of the child. If such an agreement is made, Petitioner requests that the Court approve that
agreement and adopt it as the Court's order. If such an agreement is not made, Counterpetitioner
requests the Court to make orders for conservatorship of, possession of, access to, and support of
the child.
Preceding the filing of this suit, Counterrespondent has engaged in a history or pattern of
family violence, as defined by section 71.004 of the Texas Family Code.
Counterpetitioner requests that the Court consider this conduct in appointing
Counterpetitioner as sole managing conservator or the parties as joint managing conservators.
Counterpetitioner requests the Court to order reasonable periods of electronic
communication between the child and Counterpetitioner to supplement Counterpetitioner's periods
of possession of the child.
Counterrespondent has a history or pattern of committing family violence during the two-
year period preceding the date of filing of this suit. Counterpetitioner requests the Court to deny
Counterrespondent access to the child. Alternatively, if the Court finds that awarding
Counterrespondent access to the child would not endanger the child's physical health or emotional
welfare and would be in the best interest of the child, Counterpetitioner requests that the Court
render a possession order that is designed to protect the safety and well-being of the child and any
other person who has been a victim of family violence committed by Counterrespondent, including
but not limited to ordering that the periods of access be continuously supervised by an entity or
person chosen
by the Court, ordering that the exchange of possession of or access to the child
occur in a protective setting, ordering Counterrespondent to refrain from the consumption of
alcohol or a controlled substance within the twelve hours before or during each of
Counterrespondent's periods of possession or access to the child, and ordering Counterrespondent
to attend and complete a battering intervention and prevention program or, if such a program
is
not available, to complete a course of treatment with a mental health professional in accordance
with section 153.010 of the Texas Family Code.
Division of Community Property
Counterpetitioner believes Counterpetitioner and Counterrespondent will enter into an
agreement for the division of theirestate. If such an agreement is made, Counterpetitioner requests
the Court to approve the agreement and divide their estate in a manner consistent with the
agreement. If such an agreement
is not made, Counterpetitioner
requests the Court to divide their
estate in a manner that the Court deems just and right, as provided
by law.
Counterpetitioner should be awarded a disproportionate share of the parties’ estate for the
following reasons, including but not limited to:
a fault in the breakup of the mariage;
benefits the innocent spouse may have derived from the continuation of the
mariage;
disparity of eaming power of the spouses and their ability to support themselves;
the spouse to whom conservatorship
of the child is granted;
needs of the child of the mariage;
ages of the spouses;
need for future support;
wasting of community assets by the spouses;
1 attomey's fees to be paid; and
J the size and nature of the separate estates of the spouses.
10. Postdivorce Maintenance
Counterpetitioner requests the Court to order that Counterpetitioner be paid postdivorce
maintenance for a reasonable period in accordance with chapter 8 of the Texas Family Code.
11. Request for Temporary Orders and Injunction
Counterpetitioner requests the Court, afternotice
and hearing, to dispense with the issuance
of a bond, to make temporary orders and issue any appropriate temporary injunctions for the
preservation of the property and protection of the parties and for the safety and welfare of the child
of the marriage as deemed necessary and equitable. Counterpetitioner requests that the Court
enjoin Counterrespondent from the following:
Intentionally communicating with Counterpetitioner in person or in any other
manner, including by telephone or another electronic voice transmission, video chat, in writing, or
electronic messaging, by use of vulgar, profane, obscene, or indecent language or in a coarse or
offensive manner, with intent to annoy or alarm Counterpetitioner.
Threatening Counterpetitioner in person or in any other manner, including by
telephone or another electronic voice transmission, video chat, in writing, or electronic messaging,
to take unlawful action against
any person.
Placing a telephone call, anonymously, at any unreasonable hour, in an offensive
and repetitious manner, or without a legitimate purpose of communication with the intent to annoy
or alarm Counterpetitioner.
Intentionally, knowingly, or recklessly causing bodily injury to Counterpetitioner
orto a child of either party.
Threatening Counterpetitioner or a child of either party with imminent bodily
injury,
Intentionally, knowingly, or recklessly destroying, removing, concealing,
encumbering, transferring, or otherwise harming or reducing
the value of the property of one or
both of the parties with intent to obstruct
the authority of the Court to order a division of the estate
of the parties in a manner that the Court deems just and right, having due regard for the rights of
each party and the child of the marriage.
Intentionally falsifying a writing or record, including an electronic record, relating
to the property of either party.
Intentionally misrepresenting or refusing to disclose to Counterpetitioner or to the
Court, on proper request, the existence, amount, or location of any tangible or intellectual property
of one or both of the parties, including electronically stored or recorded information.
Intentionally or knowingly damaging or destroying the tangible or intellectual
property of one or both of the parties, including electronically stored or recorded information.
10. Intentionally or knowingly tampering with the tangible or intellectual property of
one or both of the parties, including electronically stored or recorded information, and causing
pecuniary loss or substantial inconvenience to Counterpetitioner.
11. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner
alienating any of the property of one or both of the parties, whether personal property, real
property, or intellectual property, and whether separate or community property, except as
specifically authorized by order of this Court.
12. Incuming any debt, other than legal expenses
in connection with this suit, except as
specifically authorized by order of this Court.
13. Withdrawing money from any checking or savings account in any financial
institution for any purpose, except as specifically authorized by order of this Court.
14. Spending any money in either party's possession or subject to either party's control
for any purpose, except as specifically authorized by order of this Court.
15. Withdrawing or borrowing money in any manner for any purpose from any
retirement, profit-sharing, pension, death, or other employee benefit plan, employee savings plan,
individual retirement account, or Keogh account of either party, except as specifically authorized
by order of this Court.
16. Withdrawing, transfering, assigning, encumbering, selling, orin any othermanner
alienating
any funds or assets held in any brokerage account, mutual fund account, or investment
account by one or both parties, regardless of whether
the funds or assets are community or separate
property and whether the accounts are self-managed by a third party, except
as specifically
authorized by order of this Court.
17. Withdrawing
or borrowing in any manner all or any part of the cash surrender
value
of any life insurance policy on the life of either party or the parties’ child, except as specifically
authorized by order of this Court.
18. Entering any safe-deposit box in the name of or subject to the control of one or both
of the parties, whether individually or jointly with others.
19. Changing or in any manner altering the beneficiary designation on any life
insurance policy on the life of either party or the parties' child.
20. Canceling, altering, failing to renew or pay premiums on, or in any manner
affecting
the level of coverage that existed at the time this suit was filed of, any life, casualty,
automobile, or health insurance policy insuring the parties' property or persons including the
parties' child.
21. Opening or diverting mail or e-mail or any other electronic communication
addressed to Counterpetitioner.
22. Signing or endorsing Counterpetitioner's name on any negotiable instrument,
check, or draft, including
a tax refund, insurance payment, and dividend, or attempting
to negotiate
any negotiable instrument payable to Counterpetitioner without the personal signahure of
Counterpetitioner.
23. Taking any action to terminate or limit credit or charge cards in the name of
Counterpetitioner.
24. — Discontinuing or reducing the withholding for federal income taxes from either
party's wages or salary.
25. Destroying, disposing of, or altering any financial records of the parties, including
but not limited to a canceled
check, deposit slip, and other records from a financial institution, a
record of credit purchases or cash advances, a tax rebum, and a financial statement.
26. Destroying, disposing of, or altering any e-mail, text message, video message, or
chat message or other electronic data or electronically stored information relevant to the subject
matters
of this case, whether
stored on a hard drive, ina removable storage device, in cloud storage
or in another electronic storage medium.
27. Modifying, changing, or altering the native format or metadata of any electronic
data or electronically stored information relevant to the subject matters of this case, whether stored
ona hard drive, in a removable storage device, in cloud storage, or in another electronic storage
medium.
28. Deleting any data or content from any social network profile used or created by
either party including the parties child.
29. Using any password or personal identification number to gain access to
Counterpetitioner's e-mail account, bank account, social media account, or any other electronic
account.
30. Terminating or in any manner affecting the service of water, electricity, gas,
telephone, cable television, or any other contractual services, including security, pest control,
landscaping, or yard maintenance, at iii” in any
manner attempting to withdraw any deposits for service in connection with any of those services.
Si Excluding Counterpetitioner from the use and enjoyment of the residence located
a 32. Entering, operating, or exercising control over the 2014 Hyndai Elantra or any
motor vehicle in the possession of Counterpetitioner.
535 Tracking or monitoring personal property or a motor vehicle in the possession of
Counterpetitioner, without Counterpetitioner’s effective consent, including by using a tracking
application on a personal electronic device in the possession of Counterpetitioner, using a tracking
device, or physically following Counterpetitioner or causing another to physically follow
Counterpetitioner.
34. Disturbing the peace of the child or of another party.
35. Withdrawing the child from enrollment in the school or day-care facility where the
child is presently enrolled.
36. Hiding or secreting the child from Counterpetitioner.
37. Making disparaging remarks regarding Counterpetitioner or Counterpetitioner's
family in the presence or within the hearing of the child.
38. Consuming alcohol within the 12 hours before or during each of
Counterrespondent's periods of possession of or access to the child.
39. Ingesting, using, consuming or possessing any illegal drugs, marijuana or
controlled substances for which Counterrespondent does not possess a valid medical prescription.
40. Permitting an unrelated adult with whom Counterrespondent has an intimate or
dating relationship to remain in the same residence with the child between the hours of 10:00 P.M.
and 8:00 A.M.
Counterpetitioner requests that Counterrespondent be authorized only as follows:
To make expenditures and incur indebtedness for reasonable and necessary living expenses
for food, clothing, shelter, transportation, and medical care.
To make expenditures and incur indebtedness for reasonable attorney's fees and expenses
in connection with this suit.
To make withdrawals from accounts in financial institutions only for the purposes
authorized by the Court's order.
12. Request for Temporary Orders Concerning Use of Property
Counterpetitioner requests the Court, after notice and hearing, for the preservation of the
property and protection of the parties, to make temporary orders and issue any appropriate
temporary injunctions respecting the temporary use of the parties' property as deemed necessary
and equitable, including but not limited to the following:
Awarding Counterpetitioner the exclusive use and possession of the residence located at
ki Pa! as well as the furniture, furnishings, and other
personal property at that residence, while this case is pending, and enjoining Counterrespondent
from entering or remaining on the premises of the residence and exercising possession or control
of any of this personal property, except as authorized
by order of this Court.
Awarding Counterpetitioner exclusive use and control of the 2014 Hyndai Elantra and
enjoining Counterrespondent from entering, operating, or exercising control over it.
13. Request for Temporary Orders Regarding Child
Counterpetitioner requests the Court, after notice and hearing, to dispense with the
necessity of a bond and to make temporary orders and issue any appropriate temporary injunctions
forthe safety and welfare of the child of the mariage as deemed necessary and equitable, including
but not limited to the following:
Appointing Counterpetitioner and Counterrespondent temporary joint managing
conservators and designating Counterpetitioner as the conservator who has the exclusive right to
designate the primary residence of the child. Counterpetitioner requests the Court to apportion the
rights
and duties of a parent
set out in section 153.132 of the Texas Family Code.
Ordering Counterrespondent to provide support for the child, including the payment child.
support
and medical and dental support in the manner specified by the Court, while
this case is
pending.
Ordering reasonable periods of electronic communication between the child and the
Counterpetitioner
to supplement the Counterpetitioner's periods of possession of the child.
Awarding Counterpetitioner
the exclusive right to enroll the child in school.
Denying Counterrespondent access to the child or, altematively, rendering a possession.
order.
Ordering the parties to attend a parent education and family stabilization course.
Ordering Counterrespondent to produce copies of income tax retums for tax years 2020
through 2023, a financial statement, and current pay stubs by a date certain.
14. Request for Interim Attorney's Fees and Temporary Support
Counterpetitioner requests the Court, after notice and hearing, for the preservation of the
property and protection of the parties, to make temporary orders and issue any appropriate
temporary injunctions regarding attorney's fees and support as deemed necessary and equitable,
including but not limited to the following:
Counterpetitioner requests that Counterrespondent be ordered to pay reasonable interim
attorney's fees and expenses, including but not limited to fees for appraisals, accountants, actuaries,
and so forth. Counterpetitioner is not in control of sufficient community assets to pay attorney's
fees and anticipated expenses.
Counterpetitioner has insufficient income for support, and Counterpetitioner requests the
Court to order Counterrespondent to make payments for the support of Counterpetitioner until a
final decree is signed.
Counterpetitioner requests that Counterrespondent be ordered to pay estimated income
taxes on the due dates as required by the Internal Revenue Service and under the Social Security
numbers of both Counterpetitioner and Counterrespondent.
Counterpetitioner requests that Counterrespondent be ordered to pay any ad valorem taxes
and insurance premiums as due on the following property: i
as
15. Request for Temporary Orders for Discovery and Ancillary Relief
Counterpetitioner requests the Court, after notice and hearing, for the preservation of the
property and protection of the parties, to make temporary orders for discovery and ancillary relief
as deemed necessary and equitable, including but not limited to the following:
Ordering Counterrespondent to provide a sworn inventory and appraisement of all the
separate and community property owned or claimed by the parties and all debts and liabilities
owed by the parties substantially in the form and detail prescribed by the current edition of Texas
Family Law Practice Manual, form 7-1.
Ordering Counterrespondent to produce copies of all the information necessary to prepare
Counterpetitioner's tax returns for tax years 2020 through 2023, including tax returns and all
supporting schedules for tax years 2020 through 2023, by a date certain.
Ordering the parties to participate in an alternative dispute resolution process before trial
of this matter.
Ordering a pretrial conference to simplify the issues in this case and determine the
stipulations of the parties and for any other matters the Court deems appropriate.
16. Attorney's Fees, Expenses, Costs, and Interest
It was necessary for Counterpetitioner to secure the services of Yvette Deleon, a licensed
attorney, to prepare and prosecute this suit. To effect an equitable division of the estate of the
parties and as a part of the division, and for services rendered in connection with conservatorship
and support of the child, judgment for attorney's fees, expenses, and costs through trial and appeal
should be granted against Counterrespondent and in favor of Counterpetitioner for the use and
benefit of Counterpetitioner's attorney and be ordered paid directly to Counterpetitioner's attorney,
who may enforce the judgment in the attorney's own name. Counterpetitioner requests
postjudgment interest as allowed by law.
17. Prayer
Counterpetitioner prays that citation and notice issue as required by law and that the Court
grant a divorce and all other relief requested in this counterpetition.
Counterpetitioner prays that the Court, after notice and hearing, grant a temporary
injunction enjoining Counterrespondent, in conformity with the allegations of this counterpetition,
from the acts set forth above while this case is pending.
Counterpetitioner prays for attorney's fees, expenses, costs, and interest as requested above.
Counterpetitioner prays for general relief.
Respectfully submitted,
THE DE LEON LAW FIRM PLLC
13310 University Blvd., Suite 220
Sugar Land, Texas 77479
Tel: (713) 955-6182
By:
Yvette Deleon
State Bar No. 24113702
yvette@deleonlawtx.com
Attorney for Counterpetitioner
Certificate of Service
I certify that a true copy of this First Amended Counterpetition for Divorce was served in
accordance with rule 21a of the Texas Rules of Civil Procedure on the following on February 12,
2024:
Georgia Barker (eservicebarkerlawfirm@gmail.com by electronic filing manager.
Yvette Deleon
Attorney for Alexandra Garcia Schramm
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Daniela Cuellar on behalf of Yvette DeLeon
Bar No. 24113702
dcuellar@deleonlawtx.com
Envelope ID: 84401933
Filing Code Description: Amended Filing
Filing Description: First Amended Counterpetition for Divorce
Status as of 2/12/2024 2:47 PM CST
Associated Case Party: AustinMichaelSchramm
Name BarNumber | Email TimestampSubmitted | Status
Georgia Barker eservicebarkerlawfirm@gmail.com | 2/12/2024 12:23:35 PM | SENT
Jeaneane Garcia paralegal3barker@gmail.com 2/12/2024 12:23:35 PM | SENT
Associated Case Party: AlexandraGarciaSchramm
Name BarNumber | Email TimestampSubmitted | Status
The De Leon Law Firm EServiceNotification eservice@deleonlawtx.com | 2/12/2024 12:23:35 PM | SENT
Yvette De Leon yvette@deleonlawtx.com 2/12/2024 12:23:35 PM | SENT
Preview
Filed 2/12/2024 12:23 PM Beverley McGrew Walker District Clerk Fort Bend County, Texas Vanessa Vasquez NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA NO. 23-DCV-311662 IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF AUSTIN MICHAEL SCHRAMM AND 505TH JUDICIAL DISTRICT ALEXANDRA GARCIA SCHRAMM AND IN THE INTEREST OF CHILD § FORT BEND COUNTY, TEXAS FIRST AMENDED COUNTERPETITION FOR DIVORCE 1 Discovery Level Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas Rules of Civil Procedure. ey Parties This suit is brought by Alexandra Garcia Schramm, Counterpetitioner. The last three numbers of Alexandra Garcia Schramm's driver's license number are FF The last three numbers of Alexandra Garcia Schramm's Social Security number are Austin Michael Schramm is Counterrespondent. 3 Domicile Counterpetitioner has been a domiciliary of Texas for the preceding six-month period and a resident of this county for the preceding ninety-day period. 4 Service Service of this document may be had in accordance with Rule 21a, Texas Rules of Civil Procedure, by serving Counterrespondent's attorney of record, Georgia Barker at Barker Law Firm PC, 23225 Red River Drive, Katy, Texas 77494. 5. Protective Order Statement No protective order under title 4 of the Texas Family Code, protective order under subchapter A, chapter 7B of the Texas Code of Criminal Procedure, or order for emergency protection under Article 17.292 of the Texas Code of Criminal Procedure is in effect in regard to a party to this suit or a child of a party to this suit and no application for any such order is pending. 6. Dates of Marriage and Separation The parties were married on or about December 12, 2019 and ceased to live together as spouses on or about November 26, 2023. 7. Grounds for Divorce Counterrespondent is guilty of cruel treatment toward Counterpetitioner of a nature that renders further living together insupportable. In the alternative, the marriage has become insupportable because of discord or conflict of personalities between Counterpetitioner and Counterrespondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation. 8 Child of the Marriage Counterpetitioner and Counterrespondent are parents of the following child of this marriage who is not under the continuing jurisdiction of any other court: |. lcUuaxx— Sex: Male Birth date: i a There are no court-ordered conservatorships, court-ordered guardianships, or other court- ordered relationships affecting the child the subject of this suit. Information required by section 154.181(b) and section 154.1815 of the Texas Family Code will be provided at a later date. No property of consequence is owned or possessed by the child the subject of this suit. Counterpetitioner believes that Counterpetitioner and Counterrespondent will enter into a written agreement containing provisions for conservatorship of, possession of, access to, and support of the child. If such an agreement is made, Petitioner requests that the Court approve that agreement and adopt it as the Court's order. If such an agreement is not made, Counterpetitioner requests the Court to make orders for conservatorship of, possession of, access to, and support of the child. Preceding the filing of this suit, Counterrespondent has engaged in a history or pattern of family violence, as defined by section 71.004 of the Texas Family Code. Counterpetitioner requests that the Court consider this conduct in appointing Counterpetitioner as sole managing conservator or the parties as joint managing conservators. Counterpetitioner requests the Court to order reasonable periods of electronic communication between the child and Counterpetitioner to supplement Counterpetitioner's periods of possession of the child. Counterrespondent has a history or pattern of committing family violence during the two- year period preceding the date of filing of this suit. Counterpetitioner requests the Court to deny Counterrespondent access to the child. Alternatively, if the Court finds that awarding Counterrespondent access to the child would not endanger the child's physical health or emotional welfare and would be in the best interest of the child, Counterpetitioner requests that the Court render a possession order that is designed to protect the safety and well-being of the child and any other person who has been a victim of family violence committed by Counterrespondent, including but not limited to ordering that the periods of access be continuously supervised by an entity or person chosen by the Court, ordering that the exchange of possession of or access to the child occur in a protective setting, ordering Counterrespondent to refrain from the consumption of alcohol or a controlled substance within the twelve hours before or during each of Counterrespondent's periods of possession or access to the child, and ordering Counterrespondent to attend and complete a battering intervention and prevention program or, if such a program is not available, to complete a course of treatment with a mental health professional in accordance with section 153.010 of the Texas Family Code. Division of Community Property Counterpetitioner believes Counterpetitioner and Counterrespondent will enter into an agreement for the division of theirestate. If such an agreement is made, Counterpetitioner requests the Court to approve the agreement and divide their estate in a manner consistent with the agreement. If such an agreement is not made, Counterpetitioner requests the Court to divide their estate in a manner that the Court deems just and right, as provided by law. Counterpetitioner should be awarded a disproportionate share of the parties’ estate for the following reasons, including but not limited to: a fault in the breakup of the mariage; benefits the innocent spouse may have derived from the continuation of the mariage; disparity of eaming power of the spouses and their ability to support themselves; the spouse to whom conservatorship of the child is granted; needs of the child of the mariage; ages of the spouses; need for future support; wasting of community assets by the spouses; 1 attomey's fees to be paid; and J the size and nature of the separate estates of the spouses. 10. Postdivorce Maintenance Counterpetitioner requests the Court to order that Counterpetitioner be paid postdivorce maintenance for a reasonable period in accordance with chapter 8 of the Texas Family Code. 11. Request for Temporary Orders and Injunction Counterpetitioner requests the Court, afternotice and hearing, to dispense with the issuance of a bond, to make temporary orders and issue any appropriate temporary injunctions for the preservation of the property and protection of the parties and for the safety and welfare of the child of the marriage as deemed necessary and equitable. Counterpetitioner requests that the Court enjoin Counterrespondent from the following: Intentionally communicating with Counterpetitioner in person or in any other manner, including by telephone or another electronic voice transmission, video chat, in writing, or electronic messaging, by use of vulgar, profane, obscene, or indecent language or in a coarse or offensive manner, with intent to annoy or alarm Counterpetitioner. Threatening Counterpetitioner in person or in any other manner, including by telephone or another electronic voice transmission, video chat, in writing, or electronic messaging, to take unlawful action against any person. Placing a telephone call, anonymously, at any unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of communication with the intent to annoy or alarm Counterpetitioner. Intentionally, knowingly, or recklessly causing bodily injury to Counterpetitioner orto a child of either party. Threatening Counterpetitioner or a child of either party with imminent bodily injury, Intentionally, knowingly, or recklessly destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties with intent to obstruct the authority of the Court to order a division of the estate of the parties in a manner that the Court deems just and right, having due regard for the rights of each party and the child of the marriage. Intentionally falsifying a writing or record, including an electronic record, relating to the property of either party. Intentionally misrepresenting or refusing to disclose to Counterpetitioner or to the Court, on proper request, the existence, amount, or location of any tangible or intellectual property of one or both of the parties, including electronically stored or recorded information. Intentionally or knowingly damaging or destroying the tangible or intellectual property of one or both of the parties, including electronically stored or recorded information. 10. Intentionally or knowingly tampering with the tangible or intellectual property of one or both of the parties, including electronically stored or recorded information, and causing pecuniary loss or substantial inconvenience to Counterpetitioner. 11. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of one or both of the parties, whether personal property, real property, or intellectual property, and whether separate or community property, except as specifically authorized by order of this Court. 12. Incuming any debt, other than legal expenses in connection with this suit, except as specifically authorized by order of this Court. 13. Withdrawing money from any checking or savings account in any financial institution for any purpose, except as specifically authorized by order of this Court. 14. Spending any money in either party's possession or subject to either party's control for any purpose, except as specifically authorized by order of this Court. 15. Withdrawing or borrowing money in any manner for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan, employee savings plan, individual retirement account, or Keogh account of either party, except as specifically authorized by order of this Court. 16. Withdrawing, transfering, assigning, encumbering, selling, orin any othermanner alienating any funds or assets held in any brokerage account, mutual fund account, or investment account by one or both parties, regardless of whether the funds or assets are community or separate property and whether the accounts are self-managed by a third party, except as specifically authorized by order of this Court. 17. Withdrawing or borrowing in any manner all or any part of the cash surrender value of any life insurance policy on the life of either party or the parties’ child, except as specifically authorized by order of this Court. 18. Entering any safe-deposit box in the name of or subject to the control of one or both of the parties, whether individually or jointly with others. 19. Changing or in any manner altering the beneficiary designation on any life insurance policy on the life of either party or the parties' child. 20. Canceling, altering, failing to renew or pay premiums on, or in any manner affecting the level of coverage that existed at the time this suit was filed of, any life, casualty, automobile, or health insurance policy insuring the parties' property or persons including the parties' child. 21. Opening or diverting mail or e-mail or any other electronic communication addressed to Counterpetitioner. 22. Signing or endorsing Counterpetitioner's name on any negotiable instrument, check, or draft, including a tax refund, insurance payment, and dividend, or attempting to negotiate any negotiable instrument payable to Counterpetitioner without the personal signahure of Counterpetitioner. 23. Taking any action to terminate or limit credit or charge cards in the name of Counterpetitioner. 24. — Discontinuing or reducing the withholding for federal income taxes from either party's wages or salary. 25. Destroying, disposing of, or altering any financial records of the parties, including but not limited to a canceled check, deposit slip, and other records from a financial institution, a record of credit purchases or cash advances, a tax rebum, and a financial statement. 26. Destroying, disposing of, or altering any e-mail, text message, video message, or chat message or other electronic data or electronically stored information relevant to the subject matters of this case, whether stored on a hard drive, ina removable storage device, in cloud storage or in another electronic storage medium. 27. Modifying, changing, or altering the native format or metadata of any electronic data or electronically stored information relevant to the subject matters of this case, whether stored ona hard drive, in a removable storage device, in cloud storage, or in another electronic storage medium. 28. Deleting any data or content from any social network profile used or created by either party including the parties child. 29. Using any password or personal identification number to gain access to Counterpetitioner's e-mail account, bank account, social media account, or any other electronic account. 30. Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or any other contractual services, including security, pest control, landscaping, or yard maintenance, at iii” in any manner attempting to withdraw any deposits for service in connection with any of those services. Si Excluding Counterpetitioner from the use and enjoyment of the residence located a 32. Entering, operating, or exercising control over the 2014 Hyndai Elantra or any motor vehicle in the possession of Counterpetitioner. 535 Tracking or monitoring personal property or a motor vehicle in the possession of Counterpetitioner, without Counterpetitioner’s effective consent, including by using a tracking application on a personal electronic device in the possession of Counterpetitioner, using a tracking device, or physically following Counterpetitioner or causing another to physically follow Counterpetitioner. 34. Disturbing the peace of the child or of another party. 35. Withdrawing the child from enrollment in the school or day-care facility where the child is presently enrolled. 36. Hiding or secreting the child from Counterpetitioner. 37. Making disparaging remarks regarding Counterpetitioner or Counterpetitioner's family in the presence or within the hearing of the child. 38. Consuming alcohol within the 12 hours before or during each of Counterrespondent's periods of possession of or access to the child. 39. Ingesting, using, consuming or possessing any illegal drugs, marijuana or controlled substances for which Counterrespondent does not possess a valid medical prescription. 40. Permitting an unrelated adult with whom Counterrespondent has an intimate or dating relationship to remain in the same residence with the child between the hours of 10:00 P.M. and 8:00 A.M. Counterpetitioner requests that Counterrespondent be authorized only as follows: To make expenditures and incur indebtedness for reasonable and necessary living expenses for food, clothing, shelter, transportation, and medical care. To make expenditures and incur indebtedness for reasonable attorney's fees and expenses in connection with this suit. To make withdrawals from accounts in financial institutions only for the purposes authorized by the Court's order. 12. Request for Temporary Orders Concerning Use of Property Counterpetitioner requests the Court, after notice and hearing, for the preservation of the property and protection of the parties, to make temporary orders and issue any appropriate temporary injunctions respecting the temporary use of the parties' property as deemed necessary and equitable, including but not limited to the following: Awarding Counterpetitioner the exclusive use and possession of the residence located at ki Pa! as well as the furniture, furnishings, and other personal property at that residence, while this case is pending, and enjoining Counterrespondent from entering or remaining on the premises of the residence and exercising possession or control of any of this personal property, except as authorized by order of this Court. Awarding Counterpetitioner exclusive use and control of the 2014 Hyndai Elantra and enjoining Counterrespondent from entering, operating, or exercising control over it. 13. Request for Temporary Orders Regarding Child Counterpetitioner requests the Court, after notice and hearing, to dispense with the necessity of a bond and to make temporary orders and issue any appropriate temporary injunctions forthe safety and welfare of the child of the mariage as deemed necessary and equitable, including but not limited to the following: Appointing Counterpetitioner and Counterrespondent temporary joint managing conservators and designating Counterpetitioner as the conservator who has the exclusive right to designate the primary residence of the child. Counterpetitioner requests the Court to apportion the rights and duties of a parent set out in section 153.132 of the Texas Family Code. Ordering Counterrespondent to provide support for the child, including the payment child. support and medical and dental support in the manner specified by the Court, while this case is pending. Ordering reasonable periods of electronic communication between the child and the Counterpetitioner to supplement the Counterpetitioner's periods of possession of the child. Awarding Counterpetitioner the exclusive right to enroll the child in school. Denying Counterrespondent access to the child or, altematively, rendering a possession. order. Ordering the parties to attend a parent education and family stabilization course. Ordering Counterrespondent to produce copies of income tax retums for tax years 2020 through 2023, a financial statement, and current pay stubs by a date certain. 14. Request for Interim Attorney's Fees and Temporary Support Counterpetitioner requests the Court, after notice and hearing, for the preservation of the property and protection of the parties, to make temporary orders and issue any appropriate temporary injunctions regarding attorney's fees and support as deemed necessary and equitable, including but not limited to the following: Counterpetitioner requests that Counterrespondent be ordered to pay reasonable interim attorney's fees and expenses, including but not limited to fees for appraisals, accountants, actuaries, and so forth. Counterpetitioner is not in control of sufficient community assets to pay attorney's fees and anticipated expenses. Counterpetitioner has insufficient income for support, and Counterpetitioner requests the Court to order Counterrespondent to make payments for the support of Counterpetitioner until a final decree is signed. Counterpetitioner requests that Counterrespondent be ordered to pay estimated income taxes on the due dates as required by the Internal Revenue Service and under the Social Security numbers of both Counterpetitioner and Counterrespondent. Counterpetitioner requests that Counterrespondent be ordered to pay any ad valorem taxes and insurance premiums as due on the following property: i as 15. Request for Temporary Orders for Discovery and Ancillary Relief Counterpetitioner requests the Court, after notice and hearing, for the preservation of the property and protection of the parties, to make temporary orders for discovery and ancillary relief as deemed necessary and equitable, including but not limited to the following: Ordering Counterrespondent to provide a sworn inventory and appraisement of all the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties substantially in the form and detail prescribed by the current edition of Texas Family Law Practice Manual, form 7-1. Ordering Counterrespondent to produce copies of all the information necessary to prepare Counterpetitioner's tax returns for tax years 2020 through 2023, including tax returns and all supporting schedules for tax years 2020 through 2023, by a date certain. Ordering the parties to participate in an alternative dispute resolution process before trial of this matter. Ordering a pretrial conference to simplify the issues in this case and determine the stipulations of the parties and for any other matters the Court deems appropriate. 16. Attorney's Fees, Expenses, Costs, and Interest It was necessary for Counterpetitioner to secure the services of Yvette Deleon, a licensed attorney, to prepare and prosecute this suit. To effect an equitable division of the estate of the parties and as a part of the division, and for services rendered in connection with conservatorship and support of the child, judgment for attorney's fees, expenses, and costs through trial and appeal should be granted against Counterrespondent and in favor of Counterpetitioner for the use and benefit of Counterpetitioner's attorney and be ordered paid directly to Counterpetitioner's attorney, who may enforce the judgment in the attorney's own name. Counterpetitioner requests postjudgment interest as allowed by law. 17. Prayer Counterpetitioner prays that citation and notice issue as required by law and that the Court grant a divorce and all other relief requested in this counterpetition. Counterpetitioner prays that the Court, after notice and hearing, grant a temporary injunction enjoining Counterrespondent, in conformity with the allegations of this counterpetition, from the acts set forth above while this case is pending. Counterpetitioner prays for attorney's fees, expenses, costs, and interest as requested above. Counterpetitioner prays for general relief. Respectfully submitted, THE DE LEON LAW FIRM PLLC 13310 University Blvd., Suite 220 Sugar Land, Texas 77479 Tel: (713) 955-6182 By: Yvette Deleon State Bar No. 24113702 yvette@deleonlawtx.com Attorney for Counterpetitioner Certificate of Service I certify that a true copy of this First Amended Counterpetition for Divorce was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on February 12, 2024: Georgia Barker (eservicebarkerlawfirm@gmail.com by electronic filing manager. Yvette Deleon Attorney for Alexandra Garcia Schramm Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Daniela Cuellar on behalf of Yvette DeLeon Bar No. 24113702 dcuellar@deleonlawtx.com Envelope ID: 84401933 Filing Code Description: Amended Filing Filing Description: First Amended Counterpetition for Divorce Status as of 2/12/2024 2:47 PM CST Associated Case Party: AustinMichaelSchramm Name BarNumber | Email TimestampSubmitted | Status Georgia Barker eservicebarkerlawfirm@gmail.com | 2/12/2024 12:23:35 PM | SENT Jeaneane Garcia paralegal3barker@gmail.com 2/12/2024 12:23:35 PM | SENT Associated Case Party: AlexandraGarciaSchramm Name BarNumber | Email TimestampSubmitted | Status The De Leon Law Firm EServiceNotification eservice@deleonlawtx.com | 2/12/2024 12:23:35 PM | SENT Yvette De Leon yvette@deleonlawtx.com 2/12/2024 12:23:35 PM | SENT