Preview
Filed
9/26/2023 2:53 PM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Vanessa Vasquez
CAUSE NO. 15-DCV-227783
IN THE INTEREST OF § IN THE DISTRICT COURT
§ 328TH JUDICIAL DISTRICT
§
§
CHILDREN § FORT BEND COUNTY, TEXAS
FIRST AMENDED MOTION TO ENTER
Comes Now, Petitioner, CARLOS ALLEN SMITH, and files this First Amended Motion
to Enter the Agreed Order in Suit to Modify the Parent-Child Relationship.
Petitioner requests that this Court sign and enter the judgment attached as Exhibit A.
Respectfully submitted,
The Zinsmeister Law Firm, P.C.
106 Guenther Street
Sugar Land, Texas 77478
Tel: (281) 265-4111
/s/ Markeme Zimameisten.
Marlene Zinsmeister
State Bar No: 22277850
Email: service@mzfamily.com (service only)
Attorney for CARLOS ALLEN SMITH
NOTICE OF SUBMISSION SETTING
Notice is hereby given that Petitioner’s First Amended Motion to Enter will be
considered by the Court by submission only, on October 6, 2023 at 8:30 a.m.
No party may appear for the submission setting in person. Any response to the motion
must be on file at least 3 days before the submission date, or longer if required by statute or rule.
/s/ Markeme Zimasmeistery
Marlene Zinsmeister
Attorney for CARLOS ALLEN SMITH
Smith — Motion to Enter Page I of 2
Certificate of Servic
1 certify that a true copy of this document was served in accordance with Rule 21a of the
Texas Rules of Civil Procedure on the following on September 26, 2023.
Lori M. Kern by electronic filing manager
Jeanne Caldwell McDowell by electronic filing manager
/s/ Markeme Zimammeister
Marlene Zinsmeister
Attorney for CARLOS ALLEN SMITH
Smith — Motion to Enter Page 2 of 2
>.4a line
NO. 15-DCV-227783
IN THE INTEREST OF § IN THE DISTRICT COURT
§
§ 328TH JUDICIAL DISTRICT
§
§
CHILDREN § FORT BEND COUNTY, TEXAS
AGREED TEMPORARY AND PARTIAL FINAL ORDER
IN SUIT TO MODIFY PARENT-CHILD RELATIONSHIP
On , 2023 the parties submitted their Agreed Temporary and
Partial Final Order in Suit to Modify Parent-Child Relationship for consideration and entry by the
Court.
1, Appearance:
Petitioner, Carlos Allen Smith, did not appear in person but has agreed to the terms of this
order as evidenced by Petitioner's signature and the signature of Petitioner’s attorney of record,
Marlene Zinsmeister, below, and on the Mediated Settlement Agreement on file with the Court.
Respondent, Tamisika Kofi Smith, has made a general appearance and has agreed to the
terms of this order, to the extent permitted by law, as evidenced by Respondent's signature, and
the signature of Respondent’s attorney of record, Rebekah H. Birdwell, below, and on the
Mediated Settlement Agreement on file with the Court.
Lori Kern, appointed by the Court as amicus attorney to assist the Court in
protecting the best interests of the children the subject of this suit, has agreed to the terms of this
order, as evidenced by the signature of the amicus attorney below, and on the Mediated Settlement
Agreement on file with the Court.
The Office of the Attorney General, the IV-D agency, has made a general appearance and
has agreed to the terms of this Order to the extent permitted by law, as evidenced by the Office of
the Attorney General’s signature below.
2 Consent by Person with Right to Designate Primary Residenc
Tamisika Kofi Smith, who has the exclusive right to designate the primary residence of the
children, has consented to the terms of this order as evidenced by Tamisika Kofi Smith's signature
below.
3. Jurisdiction
The Court, after examining the record and the evidence and argument of counsel, finds that
Sm Agreed Tempo: and Partial Order
ml
it has jurisdiction of this case and of all the parties and that no other court has continuing, exclusive
jurisdiction of this case. All persons entitled to citation were properly cited.
4. Jury
A jury was waived, and all questions of fact and of law were submitted to the Court.
5. Record
The making of a record of testimony was waived by the parties with the consent of the
Court.
6. Children
The Court finds that the following children are the subject of this suit:
Name: iy
Sex: Female
Birth date: xx/ xi
Home state: Texas
Social Security number:
Driver's license number and issuing state: NA
Xr:
Sex: Male
Birth date: XX,
Home state: Texas
Social Security number:
Driver's license number and issuing state 925, Texas.
Name: ee
Sex: Male
Birth date: Xx/X
Home state: Texas
Social Security number:
Driver's license number and issuing state: NA
7. Material and Substantial Change and Best Interest of the Children
The Court finds that the parties agree and stipulate to the fact that there has been a material
or substantial change in the circumstances of the parties or the children and the following orders
are in the best interest of the children.
8 Final Order as to Conservatorship
The parties agree and IT IS ORDERED that Petitioner, Carlos Allen Smith and
Sm Agreed Tempo:
u and Pa. Order
Respondent, Tamisika Kofi Smith, are appointed parent joint managing conservators of the minor
hildee,
8.1 Rights at All Times — Carlos Allen Smith
IT IS ORDERED that, at all times, Carlos Allen Smith, as a parent joint managing
conservator, shall have the following rights:
I the right to receive information from any other conservator of the child
concerning the health, education, and welfare of the child;
the right to confer with the other parent to the extent possible before making
a decision concerning the health, education, and welfare of the child;
the right of access to medical, dental, psychological, and educational
records of the child;
the right to consult with a physician, dentist, or psychologist of the child;
the right to consult with school officials concerning the child's welfare and
educational status, including school activities;
the right to attend school activities, including school lunches, performances,
and field trips;
the right to be designated on the child's records as a person to be notified in
case of an emergency;
the right to consent to medical, dental, and surgical treatment during an
emergency involving an immediate danger to the health and safety of the
child; and
the right to manage the estate of the child to the extent the estate has been
created by the parent's family or by the parent, other than by the community
or joint property of the parent.
8.2 Rights at All Times — Tamisika Kofi Smith
IT IS ORDERED that, at all times, Tamisika Kofi Smith, as a parent joint managing
conservator, shall have the following rights:
I the right to receive information from any other conservator of the child
concerning the health, education, and welfare of the child;
the right to confer with the other parent to the extent possible before making
a decision concerning the health, education, and welfare of the child;
Sm dgreed Tempo: and Partial Fine Order
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the right of access to medical, dental, psychological, and educational
records of the child;
the right to consult with a physician, dentist, or psychologist of the child;
the right to consult with school officials conceming the child's welfare and
educational status, including school activities;
the rightto attend school activities, including school lunches, performances,
and field trips;
the right to be designated on the child's records as a person to be notified in
case of an emergency;
the right to consent to medical, dental, and surgical treatment during an
emergency involving an immediate danger to the health and safety of the
child; and
the right to manage the estate of the child to the extent the estate has been
created by the parent's family or by the parent, other than by the community
or joint property of the parent.
8.3 Duties At All Times — Carlos Allen Smith and Tamisika Kofi Smith
IT IS ORDERED that, at all times Carlos Allen Smith and Tamisika Kofi Smith, as parent
joint managing conservators, shall each have the following duties:
1 the duty to inform the other conservator of the child in a timely manner of
significant information concerning the health, education, and welfare of the
child;
the duty to inform the other conservator of the child if the conservator
resides with for at least thirty days, marries, or intends to marry a person
who the conservator knows is registered as a sex offender under chapter 62
of the Texas Code of Criminal Procedure or is currently charged with an
offense for which on conviction the person would be required to register
under that chapter. IT IS ORDERED that notice of this information shall
be provided to the other conservator of the child as soon as practicable, but
not later than the fortieth day after the date the conservator of the child
begins to reside with the person or on the tenth day after the date the
marriage occurs, as appropriate. IT IS ORDERED that the notice must
include a description of the offense that is the basis of the person's
requirement to register as a sex offender or of the offense with which the
person is charged. WARNING: A CONSERVATOR COMMITS AN
OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE
Smith Agreed Temporary and Partial Final Order
CONSERVATOR FAILS TO PROVIDE THIS NOTICE;
the duty to inform the other conservator of the child if the conservator
establishes a residence with a person who the conservator knows is the
subject of a final protective order sought by an individual other than the
conservator that is in effect on the date the residence with the person is
established. IT IS ORDERED that notice of this information shall be
provided to the other conservator of the child as soon as practicable, but not
later than the thirtieth day after the date the conservator establishes
residence with the person who is the subject of the final protective order.
WARNING: A CONSERVATOR COMMITS AN OFFENSE
PUNISHABLE AS A CLASS C MISDEMEANOR IF THE
CONSERVATOR FAILS TO PROVIDE THIS NOTICE;
the duty to inform the other conservator of the child if the conservator
resides with, or allows unsupervised access to a child by, a person who is
the subject of a final protective order sought by the conservator after the
expiration of sixty-day period following the date the final protective order
isissued. IT IS ORDERED that notice of this information shall be provided
to the other conservator of the child as soon as practicable, but not later than
the ninetieth day after the date the final protective order was issued.
WARNING: A CONSERVATOR COMMITS AN OFFENSE
PUNISHABLE AS A CLASS C MISDEMEANOR IF THE
CONSERVATOR FAILS TO PROVIDE THIS NOTICE; and
the duty to inform the other conservator of the child if the conservatoris the
subject of a final protective order issued after the date of the order
establishing conservatorship. IT IS ORDERED that notice of this
information shall be provided to the other conservator of the child as soon
as practicable, but not later than the thirtieth day after the date the final
protective order was issued. WARNING: A CONSERVATOR COMMITS
AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE
CONSERVATOR FAILS TO PROVIDE THIS NOTICE.
8.4 Rights and Duties During Periods of Possession — Carlos Allen Smith
IT IS ORDERED that, during his periods of possession, Carlos Allen Smith, as parent joint
managing conservator, shall have the following rights and duties:
1 the duty of care, control, protection, and reasonable discipline of the child;
2 the duty to support the child, including providing the child with clothing,
food, shelter, and medical and dental care not involving an invasive
procedure;
the right to consent for the child to medical and dental care not involving an
Smith Agreed Temporary and Partial Final Order
invasive procedure; and
4 the right to direct the moral and religious training of the child.
8.5 Rights and Duties During Periods of Possession — Tamisika K ofi Smith
IT IS ORDERED that, during her periods of possession, Tamisika Kofi Smith, as parent
joint managing conservator, shall have the following rights and duties:
the duty of care, control, protection, and reasonable discipline of the child;
the duty to support the child, including providing the child with clothing,
food, shelter, and medical and dental care not involving an invasive
procedure;
the right to consent for the child to medical and dental care not involving an
invasive procedure; and
4 the right to direct the moral and religious training of the child.
8.6 Rights and Duty of Tamisika Kofi Smith
IT IS ORDERED that, Tamisika Kofi Smith, as parent joint managing conservator, shall
have the following rights and duty:
1 the exclusive right to designate the primary residence of the child within
Fort Bend County, Texas and counties that are contiguous to Fort Bend
County, Texas.
the exclusive right to consent to medical, dental, and surgical treatment
involving invasive procedures, after consulting with Carlos Allen Smith via
OurFamilyW izard.
the exclusive right to consent to psychiatric and psychological treatment of
the child, after consulting with Carlos Allen Smith via OurFamilyW izard.
the exclusive right to receive and give receipt for periodic payments for the
support of the child and to hold or disburse these funds for the benefit of the
children;
the exclusive right to make decisions conceming the child's education, after
consulting with Carlos Allen Smith via OurFamilyW izard.
the right, subject to the agreement of the other parent conservator, to
represent the child in legal action and to make other decisions of substantial
legal significance concerning the children.
Smith Agreed Temporary and Partial Final Order
the right, subject to the agreement of the other parent conservator, to consent
to marriage and to enlistment in the armed forces of the United State.
except as provided by section 264.0111 of the Texas Family Code, the right,
subject to the agreement of the other parent conservator, to the services and
earnings of the child.
except when a guardian of the child's estate or a guardian or attorney ad
litem has been appointed for the child, the right, subject to the agreement of
the other parent conservator, to act as an agent of the child in relation to the
child's estate if the child's action is required by a state, the United States, or
a foreign goverment.
10 the duty, subject to the agreement of the other parent conservator, to manage
the estate of the child to the extent the estate has been created by the
community property or the joint property of the parents.
8.7 Rights and Duty of Carlos Allen Smith
IT IS ORDERED that, Carlos Allen Smith, as parent joint managing conservator, shall
have the following rights and duties:
1 The duty to make periodic children support payments.
2 the right, subject to the agreement of the other parent conservator, to represent
the child in legal action and to make other decisions of substantial legal
significance concerning the children;
the right, subject to the agreement of the other parent conservator, to consent to
marriage and to enlistment in the armed forces of the United States;
except as provided by section 264.0111 of the Texas Family Code, the right,
subject to the agreement of the other parent conservator, to the services and
eamings of the child;
except when a guardian of the child's estate or a guardian or attorney ad litem
has been appointed for the child, the right, subject to the agreement of the other
parent conservator, to act as an agent of the child in relation to the child's estate
if the child's action is required by a state, the United States, or a foreign
government;
the duty, subject to the agreement of the other parent conservator, to manage
the estate of the child to the extent the estate has been created by the community
property or the joint property of the parents.
Smith Agreed Temporary and Partial
Final Order
8.8 Geographic Area for Primary Residenc
In accordance with section 153.001 of the Texas Family Code, it is the public policy
of Texas to assure that children will have frequent and continuing contact with parents who
have shown the ability to act in the best interest of the child; to provide a safe, stable, and
nonviolent environment for the children; and to encourage parents to share in the rights
and duties of raising their children after the parents have separated or dissolved their
marriage. IT IS ORDERED that the primary residence of the children shall be within Fort
Bend County, Texas and counties that are contiguous to Fort Bend County, Texas, and the
parties shall not remove the children from Fort Bend County, Texas and counties that are
contiguous to Fort Bend County, Texas for the purpose of changing the primary residence
of the children until this geographic restriction is modified by further order of the court of
continuing jurisdiction or by a written agreement that is signed by the parties and filed with
that court.
IT IS FURTHER ORDERED that this geographic restriction on the residence of
the children shall be lifted if, at the time Tamisika Kofi Smith wishes to remove the children
from Fort Bend County, Texas and counties that are contiguous to Fort Bend County, Texas
for the purpose of changing the primary residence of the children, Carlos Allen Smith does
not reside in Fort Bend County, Texas and counties that are contiguous to Fort Bend
County, Texas.
9. Temporary Orders as to Possession and Acces.
IT IS ORDERED that nothing in this order shall supersede any term of any protective order
or condition of bond, probation, or parole.
9.1. Possession
ns Order -
IT IS ORDERED that each conservator shall comply with all terms and conditions
of this Temporary Possession Order =" and
IT IS ORDERED that this Temporary Possession Order is effective immediately and
applies to all periods of possession occurring on and after the date the Court signs this
Temporary Possession Order. IT IS, THEREFORE, ORDERED:
(a) Definitions
1 In this Possession Order "child" includes EP nd
while that child is under the age of eighteen years and not
otherwise emancipated.
The Court finds the parties agree and IT IS ORDERED that Carlos Allen Smith
shall have possession of
agreed upon between Carlos Allen Smith,
IT 1S ORDERED that nothing in this order shall supersede any term of any
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u and Pa. Order
zi
protective order or condition of bond, probation, or parole.
9.b. Temporary Modified Possession Order i __
IT IS ORDERED that each conservator shall comply with all terms and conditions
of this Temporary Modified Possession Order — IT 1S ORDERED
that this Temporary Modified Possession Order is effective immediately and applies to all
periods of possession occurring on and after the date the Court signs this Temporary
Modified Possession Order. IT IS, THEREFORE, ORDERED:
(a) Definitions
I In this Standard Possession Order "school" means the —— or
secondary school in which is enrolled or, if
is not enrolled in an elementary or secondary school, the public school
district in which the child primarily resides.
2. In_this Temporary Modified Possession Order "child" means
as
therwise emancipated.
while that child is under the age of eighteen years and not
(b) Phases
The parties agree and IT IS ORDERED that the following phases must be
100% completed by Carlos Allen Smith prior to moving to the next sequential phase
of access.
The parties agree and IT IS ORDERED any failure to perform or deliver the
child by Tamisika Kofi Smith shall not be counted against Carlos Allen Smith as a
failure to perform for progression to the next phase as described herein below:
(b)(1). Facetime — Carlos Allen Smith shall have a FaceTime communication with
the child at 12:00 p.m. on August 12, 2023 and on August I9, 2023.
Thereafter, Carlos Allen Smith shall have possession of ia as
follows:
(b)(2). August 26, 2023 — beginning at I1:00 a.m. and ending at 1:00 p.m. on that
same day.
September 16, 2023 - beginning at 11:00 a.m. and ending at 1:00 p.m. on
that same day.
September 30, 2023 — beginning at 11:00 a.m. and ending at 1:00 p.m. on
that same day.
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October 7, 2023 — beginning at 11:00 a.m. and ending at 1:00 p.m. on that
same day.
Surrender_of the Child by Tamisika Kofi Smith - For each of the periods of
possession in section (b)(2) above, Tamisika Kofi Smith, or her designated
competent adult, shall surrender the child to Carlos Allen Smith at 11:00 a.m. at the
PF Chang’s Restaurant, 2120 Lone Star Drive, Sugar Land, Texas 77479.
Return of the Child by Carlos Allen Smith - For each of the periods of possession
in section (b)(2) above Carlos Allen Smith shall return the child to Tamisika Kofi
Smith, or her designated competent adult, at 1:00 p.m. at the PF Chang’s
Restaurant, 2120 Lone Star Drive, Sugar Land, Texas 77479.
(b)(3). October 21, 2023 beginning at 12:00 p.m. and ending at 4:00 p.m. on that
same day.
November 4, 2023 beginning at 12:00 p.m. and ending at 4:00 p.m. on that
same day.
November 11, 2023 beginning at 12:00 p.m. and ending at 4:00 p.m. on that
ame day.
Surrender of the Child by Tamisika Kofi Smith - For each of the periods of
possession in section (b)(3) above, Tamisika Kofi Smith, or her designated
competent adult, shall surrender the child to Carlos Allen Smith at 12:00 p.m. at
the CVS store located at 6220 Sienna Parkway, Missouri City, Texas 77459.
Return of the Child by Carlos Allen Smith - For each of the periods of possession
in section (b)(3) above Carlos Allen Smith shall return the child to Tamisika Kofi
Smith, or her designated competent adult, at 4:00 p.m. at the CVS store located at
6220 Sienna Parkway, Missouri City, Texas 77459.
Thereafter, Carlos Allen Smith shall have possession of a:
follows:
(b)(4). December 2, 2023 beginning at 12:00 p.m. and ending at 6:00 p.m. on that
same day.
Surrender_of the Child by Tamisika Kofi Smith - For each of the periods of
possession in section (b)(4) above, Tamisika Kofi Smith, or her designated
competent adult, shall surrender the child to Carlos Allen Smith at 12:00 p.m. at
the CVS store located at 6220 Sienna Parkway, Missouri City, Texas 77459.
Return of the Child by Carlos Allen Smith - For each of the periods of possession
in section (b)(4) above Carlos Allen Smith shall return the child to Tamisika Kofi
Smith, or her designated competent adult, at 4:00 p.m. at the CVS store located at
Smith und Partial Final Order
6220 Sienna Parkway, Missouri City, Texas 77459.
Notwithstanding the periods of possession provided for Carlos Allen Smith
in the Temporary Possession Order and Temporary Modified Possession ORDER
ORDERED for Carlos Allen Smith, it is expressly ORDERED that Tamisika Kofi
Smith shall have a superior right of possession of the children beginning at the time
school is dismissed on December 15, 2023, and ending at the time the children
returnto school on January 5, 2024.
9.c. Undesignated Periods of Possession
Tamisika Kofi Smith shall have the exclusive right of possession of the
child at all other times not specifically designated in this Temporary Possession
Order and Temporary Modified Possession Order for Carlos Allen Smith.
9.d. General Terms and Conditions
1 Personal Effects - Each conservatoris ORDERED to return with the
child the personal effects that the child brought at the beginning of the period of
possession.
2 Inability to Exercise Possession - Each conservatoris ORDERED to
give notice to the 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.
3 Written Notice - Written notice shall be deemed to have been timely
made if received via OurFamilyW izard before or at the time that notice is due. Each
conservator is ORDERED to notify the other conservator of any change in the
conservator's electronic mail address within twenty-four hours after the change.
This concludes the Temporary Possession Order and Temporary Modified Possession
Order.
9.e. Duration
The periods of possession ordered above apply to each child the subject of this suit
while that child is under the age of eighteen years and not otherwise emancipated.
9.£. Noninterference with Possession
Except as expressly provided herein, IT IS ORDERED that neither conservator
shall take possession of the children during the other conservator's period of possession
unless there is a prior written agreement signed by both conservators or in case of an
emergency.
Smith Agreed Temporary and Partial Final Order
9.g. Termination of Orders
The provisions of this order relating to conservatorship, possession, or access
terminate on the remarriage of Carlos Allen Smith to Tamisika Kofi Smith unless a
nonparent or agency has been appointed conservator of the children under chapter 153 of
the Texas Family Code.
10. Final Modification of Child Support
IT IS ORDERED that Carlos Allen Smith is obligated to pay and shall pay to Tamisika
Kofi Smith child support of two thousand seven hundred sixty dollars ($2,760.00) per month, with
the first payment being due and payable on August 1, 2023 and a like payment being due and
payable on the Ist day of each month thereafter until the first month following the date of the
earliest occurrence of one of the events specified below:
1 EE ae reach the age of eighteen years or
graduates from high school, whichever occurs later, subject to the provisions for
support beyond the age of eighteen years set out below;
child marries;
child dies;
enlists in the armed forces of the
United States and begins active service as defined by section 101 of title 10 of the
United States Code; or
a disabilities are otherwise
Thereafter, Carlos Allen Smith is ORDERED to pay to Tamisika Kofi Smith child support
of one thousand eight hundred forty dollars ($1,840.00) per month, due and payable on the Ist day
of the first month immediatel following the date of the earliest occurrence of one of the events
specified above for i i, and a like sum of one
thousand eight hundred forty dollars ($1,840.00) due and payable on the Ist day of each month
thereafter until the next occurrence of one of the events specified above for another child for whom
Carlos Allen Smith remained obligated to pay support under this order.
If the child is eighteen years of age and has not graduated from high school and Carlos
Allen Smith's obligation to support the child has not already terminated, IT IS ORDERED that
Carlos Allen Smith's obligation to pay child support to Tamisika Kofi Smith shall not terminate
but shall continue for as long as the child is enrolled-
1 under chapter 25 of the Texas Education Code in an accredited secondary school in
a program leading toward a high school diploma or under section 130.008 of the
Education Code in courses for joint high school and junior college credit and is
complying with the minimum attendance requirements of subchapter C of chapter
25 of the Education Code or
on a full-time basis in a private secondary school in a program leading toward a
Sm Agreed Tempore and Pa. Order
i
high school diploma and complying with the minimum attendance requirements
imposed by that school.
11, Withholding from Earning:
IT IS ORDERED that any employer of Carlos Allen Smith shall be ordered to withhold
the child support payments ordered in this order from the disposable earnings of Carlos Allen
Smith forthe support a
IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of
Carlos Allen Smith 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 Carlos Allen Smith, and it is hereby ORDERED that Carlos
Allen Smith pay the balance due directly as specified below.
On this date the Court signed an Income Withholding for Support.
12. 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 Tamisika Kofi Smith for the support of the children. IT IS
ORDERED that all payments shall be made payable to the Office of the Attorney General and
include the ten-digit Office of the Attorney General case number (if available), the cause number
of this suit, Carlos Allen Smith's name as the name of the noncustodial parent (NCP), and Tamisika
Kofi Smith's name as the name of the custodial parent (CP). Payment options are found on the
Office of the Attorney General's website at www.texasattorneygeneral.gov/cs/payment-options-
and-types.
IT IS ORDERED that each party shall pay, when due, all fees charged to that party by the
state disbursement unit and any other agency statutorily authorized to charge a fee.
13. Change of Employment
IT IS FURTHER ORDERED that Carlos Allen Smith shall notify this Court and Tamisika
Kofi Smith 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 Carlos Allen Smith and the name and address of his current employer,
whenever that information becomes available.
14. Clerk's Duties
IT IS ORDERED that, on the request of a prosecuting attorney, the title IV-D agency, the
Smith ved Te and ial Final Order
friend of the Court, a domestic relations office, Tamisika Kofi Smith, Carlos Allen Smith, or an
attomey representing Tamisika Kofi Smith or Carlos Allen Smith, the clerk of this Court shall
cause a certified copy of the Income Withholding for Support to be delivered to any employer.
15. Medical and Dental Support
15.a. IT IS ORDERED that Carlos Allen Smith and Tamisika Kofi Smith shall each
provide additional child support for each child as set out in this order for as long as the Court may
order Carlos Allen Smith and Tamisika K ofi Smith to provide support for the child under sections
154.001 and 154.002 of the Texas Family Code. Beginning on the day Carlos Allen Smith and
Tamisika Kofi Smith's actual or potential obligation to support a child under sections 154.001 and
154.002 of the Family Code terminates, IT IS ORDERED that Carlos Allen Smith and Tamisika
Kofi Smith are discharged from these obligations with respect to that child, except for any failure
by a parent to fully comply with these obligations before that date. IT IS FURTHER ORDERED
that the additional child support payments for costs of health and dental insurance ordered below
are payable through the state disbursement unit or as directed below and subject to the provisions
for withholding from earnings provided above for other child support payments.
15.b. 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 total cost of health insurance coverage for all children for
which Carlos Allen Smith is responsible under a medical support order that does not exceed 9
percent of Carlos Allen Smith's annual resources, as described by section 154.062(b) of the Texas
Family Code.
“Dental insurance" means insurance coverage that provides preventive dental care and
other dental services, including usual dentist services, office visits, examinations, X-rays, and
emergency services, that may be provided through a single service health maintenance
organization or other private or public organization.
“Reasonable cost" of dental insurance means the total cost of dental insurance coverage for
all children for which Carlos Allen Smith is responsible under a medical support order that does
not exceed 1.5 percent of Carlos Allen Smith's annual resources, as described by section
154.062(b) of the Texas Family Code.
“Health-care expenses" include, without limitation, medical, surgical, prescription drug,
mental health-care services, dental, eye care, ophthalmological, and orthodontic charges but do
not include expenses for travel to and from the provider or for nonprescription medication.
“Health-care expenses that are not reimbursed by insurance" ("unreimbursed expenses")
Smith Agreed Temporary and Partial Final Order
include related copayments and deductibles.
15.c. Findings on Availability of Health Insurance - 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 children through Tamisika Kofi Smith's
employment or membership in a union, trade association, or other organization at a reasonable
cost of $352.98 per month.
IT IS FURTHER FOUND that the following orders regarding health-care coverage are in
the best interest of the children.
15.d. Provision of Health-C are C overage -—
As child support, Tamisika Kofi Smith is ORDERED to maintain health insurance for each
child as long as child support is payable for that child. Tamisika Kofi Smith is ORDERED-
a. to provide to each conservator of the children the following information no later
than the thirtieth day after the date the notice of the rendition of this order is
received:
Tamisika Kofi Smith's Social Security number;
IL the name and address of Tamisika Kofi Smith's employer;
ili whether Tamisika Kofi Smith's employer is self-insured or has health
insurance available;
lv proof that health insurance has been provided for each child;
if Tamisika Kofi Smith's employer has health insurance available:
(a) the name of the health insurance carrier;
(b) the number of the policy;
(c) a copy of the policy;
(d) a schedule of benefits;
(e) a health insurance membership card;
(f) claim forms, and
g any other information necessary to submit a claim; and
VL if Tamisika Kofi Smith's employer is self-insured:
(a) a copy of the schedule of benefits;
(b) a membership card;
(c) claim forms; and
(d) any other information necessary to submit a claim;
to provide to each conservator of the children a copy of any renewals or changes to
the health insurance coverage of a child and additional information regarding health
insurance coverage of the children not later than the fifteenth day after Tamisika
Kofi Smith receives or is provided with the renewal, change, or additional
information;
Smith Agreed Temporary and Partial
Final Order
to notify each conservator of the children of any termination or lapse of the health
insurance coverage of a child no later than the fifteenth day after the date of the
termination or lapse;
after termination or lapse of health insurance coverage, to notify each conservator
of the children of the availability to Tamisika Kofi Smith of additional health
insurance for the children not later than the fifteenth day after the date the insurance
becomes available;
after termination or lapse of health insurance coverage, to enroll the children in a
health insurance plan that is available to Tamisika Kofi Smith at reasonable cost at
the next available enrollment period.
Pursuant to section 1504.051 of the Texas Insurance Code, it is ORDERED that if Tamisika
Kofi Smith is eligible for dependent health coverage but fails to apply to obtain coverage for the
children, the insurer shall enroll the children on application of Carlos Allen Smith or others as
authorized by law.
Pursuant to section 154.182(b-1) of the Texas Family Code, Carlos Allen Smith is
ORDERED to pay Tamisika Kofi Smith, as additional child support, the amount of three hundred
fifty-two dollars and ninety-eight cents ($352.98) per month for the cost of health insurance, with
the first installment being due and payable on August 1, 2023 and a like installment being due and
payable on or before the 1st day of each month until the termination of current child support for
and
IT IS FURTHER ORDERED that the Income Withholding Order for Support authorized
above in this order shall include the payments for the cost of health insurance ordered herein.
IT IS FURTHER ORDERED that all payments for the cost of health insurance shall be
made through the state disbursement unit at Texas Child Support Disbursement Unit, P.O. Box
659791, San Antonio, Texas 78265-9791. IT IS ORDERED that all payments shall be made
payable to the Office of the Attorney General and include the ten-digit Office of the Attorney
General case number (if available), the cause number of this suit, Carlos Allen Smith's name as
the name of the noncustodial parent (NCP), and Tamisika Kofi Smith's name as the name of the
custodial parent (CP). Payment options are found on the Office of the Attorney General's website
at www.texasattoreygeneral.gov/cs/payment-options-and-types.
IT IS ORDERED that the provisions of this order for payments for the cost of health
insurance shall be an obligation of the estate of Carlos Allen Smith and shall not terminate on his
death.
15.e. Findings on Availability of Dental Insurance — Having considered the cost,
accessibility, and quality of dental insurance coverage available to the parties, the Court finds:
Dental insurance is available or is in effect for the children through Tamisika Kofi Smith's
employment or membership in a union, trade association, or other or
Preview
Filed 9/26/2023 2:53 PM Beverley McGrew Walker District Clerk Fort Bend County, Texas Vanessa Vasquez CAUSE NO. 15-DCV-227783 IN THE INTEREST OF § IN THE DISTRICT COURT § 328TH JUDICIAL DISTRICT § § CHILDREN § FORT BEND COUNTY, TEXAS FIRST AMENDED MOTION TO ENTER Comes Now, Petitioner, CARLOS ALLEN SMITH, and files this First Amended Motion to Enter the Agreed Order in Suit to Modify the Parent-Child Relationship. Petitioner requests that this Court sign and enter the judgment attached as Exhibit A. Respectfully submitted, The Zinsmeister Law Firm, P.C. 106 Guenther Street Sugar Land, Texas 77478 Tel: (281) 265-4111 /s/ Markeme Zimameisten. Marlene Zinsmeister State Bar No: 22277850 Email: service@mzfamily.com (service only) Attorney for CARLOS ALLEN SMITH NOTICE OF SUBMISSION SETTING Notice is hereby given that Petitioner’s First Amended Motion to Enter will be considered by the Court by submission only, on October 6, 2023 at 8:30 a.m. No party may appear for the submission setting in person. Any response to the motion must be on file at least 3 days before the submission date, or longer if required by statute or rule. /s/ Markeme Zimasmeistery Marlene Zinsmeister Attorney for CARLOS ALLEN SMITH Smith — Motion to Enter Page I of 2 Certificate of Servic 1 certify that a true copy of this document was served in accordance with Rule 21a of the Texas Rules of Civil Procedure on the following on September 26, 2023. Lori M. Kern by electronic filing manager Jeanne Caldwell McDowell by electronic filing manager /s/ Markeme Zimammeister Marlene Zinsmeister Attorney for CARLOS ALLEN SMITH Smith — Motion to Enter Page 2 of 2 >.4a line NO. 15-DCV-227783 IN THE INTEREST OF § IN THE DISTRICT COURT § § 328TH JUDICIAL DISTRICT § § CHILDREN § FORT BEND COUNTY, TEXAS AGREED TEMPORARY AND PARTIAL FINAL ORDER IN SUIT TO MODIFY PARENT-CHILD RELATIONSHIP On , 2023 the parties submitted their Agreed Temporary and Partial Final Order in Suit to Modify Parent-Child Relationship for consideration and entry by the Court. 1, Appearance: Petitioner, Carlos Allen Smith, did not appear in person but has agreed to the terms of this order as evidenced by Petitioner's signature and the signature of Petitioner’s attorney of record, Marlene Zinsmeister, below, and on the Mediated Settlement Agreement on file with the Court. Respondent, Tamisika Kofi Smith, has made a general appearance and has agreed to the terms of this order, to the extent permitted by law, as evidenced by Respondent's signature, and the signature of Respondent’s attorney of record, Rebekah H. Birdwell, below, and on the Mediated Settlement Agreement on file with the Court. Lori Kern, appointed by the Court as amicus attorney to assist the Court in protecting the best interests of the children the subject of this suit, has agreed to the terms of this order, as evidenced by the signature of the amicus attorney below, and on the Mediated Settlement Agreement on file with the Court. The Office of the Attorney General, the IV-D agency, has made a general appearance and has agreed to the terms of this Order to the extent permitted by law, as evidenced by the Office of the Attorney General’s signature below. 2 Consent by Person with Right to Designate Primary Residenc Tamisika Kofi Smith, who has the exclusive right to designate the primary residence of the children, has consented to the terms of this order as evidenced by Tamisika Kofi Smith's signature below. 3. Jurisdiction The Court, after examining the record and the evidence and argument of counsel, finds that Sm Agreed Tempo: and Partial Order ml it has jurisdiction of this case and of all the parties and that no other court has continuing, exclusive jurisdiction of this case. All persons entitled to citation were properly cited. 4. Jury A jury was waived, and all questions of fact and of law were submitted to the Court. 5. Record The making of a record of testimony was waived by the parties with the consent of the Court. 6. Children The Court finds that the following children are the subject of this suit: Name: iy Sex: Female Birth date: xx/ xi Home state: Texas Social Security number: Driver's license number and issuing state: NA Xr: Sex: Male Birth date: XX, Home state: Texas Social Security number: Driver's license number and issuing state 925, Texas. Name: ee Sex: Male Birth date: Xx/X Home state: Texas Social Security number: Driver's license number and issuing state: NA 7. Material and Substantial Change and Best Interest of the Children The Court finds that the parties agree and stipulate to the fact that there has been a material or substantial change in the circumstances of the parties or the children and the following orders are in the best interest of the children. 8 Final Order as to Conservatorship The parties agree and IT IS ORDERED that Petitioner, Carlos Allen Smith and Sm Agreed Tempo: u and Pa. Order Respondent, Tamisika Kofi Smith, are appointed parent joint managing conservators of the minor hildee, 8.1 Rights at All Times — Carlos Allen Smith IT IS ORDERED that, at all times, Carlos Allen Smith, as a parent joint managing conservator, shall have the following rights: I the right to receive information from any other conservator of the child concerning the health, education, and welfare of the child; the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child; the right of access to medical, dental, psychological, and educational records of the child; the right to consult with a physician, dentist, or psychologist of the child; the right to consult with school officials concerning the child's welfare and educational status, including school activities; the right to attend school activities, including school lunches, performances, and field trips; the right to be designated on the child's records as a person to be notified in case of an emergency; the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and the right to manage the estate of the child to the extent the estate has been created by the parent's family or by the parent, other than by the community or joint property of the parent. 8.2 Rights at All Times — Tamisika Kofi Smith IT IS ORDERED that, at all times, Tamisika Kofi Smith, as a parent joint managing conservator, shall have the following rights: I the right to receive information from any other conservator of the child concerning the health, education, and welfare of the child; the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child; Sm dgreed Tempo: and Partial Fine Order = the right of access to medical, dental, psychological, and educational records of the child; the right to consult with a physician, dentist, or psychologist of the child; the right to consult with school officials conceming the child's welfare and educational status, including school activities; the rightto attend school activities, including school lunches, performances, and field trips; the right to be designated on the child's records as a person to be notified in case of an emergency; the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and the right to manage the estate of the child to the extent the estate has been created by the parent's family or by the parent, other than by the community or joint property of the parent. 8.3 Duties At All Times — Carlos Allen Smith and Tamisika Kofi Smith IT IS ORDERED that, at all times Carlos Allen Smith and Tamisika Kofi Smith, as parent joint managing conservators, shall each have the following duties: 1 the duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child; the duty to inform the other conservator of the child if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Texas Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that notice of this information shall be provided to the other conservator of the child as soon as practicable, but not later than the fortieth day after the date the conservator of the child begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person's requirement to register as a sex offender or of the offense with which the person is charged. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE Smith Agreed Temporary and Partial Final Order CONSERVATOR FAILS TO PROVIDE THIS NOTICE; the duty to inform the other conservator of the child if the conservator establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established. IT IS ORDERED that notice of this information shall be provided to the other conservator of the child as soon as practicable, but not later than the thirtieth day after the date the conservator establishes residence with the person who is the subject of the final protective order. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; the duty to inform the other conservator of the child if the conservator resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of sixty-day period following the date the final protective order isissued. IT IS ORDERED that notice of this information shall be provided to the other conservator of the child as soon as practicable, but not later than the ninetieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; and the duty to inform the other conservator of the child if the conservatoris the subject of a final protective order issued after the date of the order establishing conservatorship. IT IS ORDERED that notice of this information shall be provided to the other conservator of the child as soon as practicable, but not later than the thirtieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE. 8.4 Rights and Duties During Periods of Possession — Carlos Allen Smith IT IS ORDERED that, during his periods of possession, Carlos Allen Smith, as parent joint managing conservator, shall have the following rights and duties: 1 the duty of care, control, protection, and reasonable discipline of the child; 2 the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure; the right to consent for the child to medical and dental care not involving an Smith Agreed Temporary and Partial Final Order invasive procedure; and 4 the right to direct the moral and religious training of the child. 8.5 Rights and Duties During Periods of Possession — Tamisika K ofi Smith IT IS ORDERED that, during her periods of possession, Tamisika Kofi Smith, as parent joint managing conservator, shall have the following rights and duties: the duty of care, control, protection, and reasonable discipline of the child; the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure; the right to consent for the child to medical and dental care not involving an invasive procedure; and 4 the right to direct the moral and religious training of the child. 8.6 Rights and Duty of Tamisika Kofi Smith IT IS ORDERED that, Tamisika Kofi Smith, as parent joint managing conservator, shall have the following rights and duty: 1 the exclusive right to designate the primary residence of the child within Fort Bend County, Texas and counties that are contiguous to Fort Bend County, Texas. the exclusive right to consent to medical, dental, and surgical treatment involving invasive procedures, after consulting with Carlos Allen Smith via OurFamilyW izard. the exclusive right to consent to psychiatric and psychological treatment of the child, after consulting with Carlos Allen Smith via OurFamilyW izard. the exclusive right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the children; the exclusive right to make decisions conceming the child's education, after consulting with Carlos Allen Smith via OurFamilyW izard. the right, subject to the agreement of the other parent conservator, to represent the child in legal action and to make other decisions of substantial legal significance concerning the children. Smith Agreed Temporary and Partial Final Order the right, subject to the agreement of the other parent conservator, to consent to marriage and to enlistment in the armed forces of the United State. except as provided by section 264.0111 of the Texas Family Code, the right, subject to the agreement of the other parent conservator, to the services and earnings of the child. except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the right, subject to the agreement of the other parent conservator, to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign goverment. 10 the duty, subject to the agreement of the other parent conservator, to manage the estate of the child to the extent the estate has been created by the community property or the joint property of the parents. 8.7 Rights and Duty of Carlos Allen Smith IT IS ORDERED that, Carlos Allen Smith, as parent joint managing conservator, shall have the following rights and duties: 1 The duty to make periodic children support payments. 2 the right, subject to the agreement of the other parent conservator, to represent the child in legal action and to make other decisions of substantial legal significance concerning the children; the right, subject to the agreement of the other parent conservator, to consent to marriage and to enlistment in the armed forces of the United States; except as provided by section 264.0111 of the Texas Family Code, the right, subject to the agreement of the other parent conservator, to the services and eamings of the child; except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the right, subject to the agreement of the other parent conservator, to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government; the duty, subject to the agreement of the other parent conservator, to manage the estate of the child to the extent the estate has been created by the community property or the joint property of the parents. Smith Agreed Temporary and Partial Final Order 8.8 Geographic Area for Primary Residenc In accordance with section 153.001 of the Texas Family Code, it is the public policy of Texas to assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; to provide a safe, stable, and nonviolent environment for the children; and to encourage parents to share in the rights and duties of raising their children after the parents have separated or dissolved their marriage. IT IS ORDERED that the primary residence of the children shall be within Fort Bend County, Texas and counties that are contiguous to Fort Bend County, Texas, and the parties shall not remove the children from Fort Bend County, Texas and counties that are contiguous to Fort Bend County, Texas for the purpose of changing the primary residence of the children until this geographic restriction is modified by further order of the court of continuing jurisdiction or by a written agreement that is signed by the parties and filed with that court. IT IS FURTHER ORDERED that this geographic restriction on the residence of the children shall be lifted if, at the time Tamisika Kofi Smith wishes to remove the children from Fort Bend County, Texas and counties that are contiguous to Fort Bend County, Texas for the purpose of changing the primary residence of the children, Carlos Allen Smith does not reside in Fort Bend County, Texas and counties that are contiguous to Fort Bend County, Texas. 9. Temporary Orders as to Possession and Acces. IT IS ORDERED that nothing in this order shall supersede any term of any protective order or condition of bond, probation, or parole. 9.1. Possession ns Order - IT IS ORDERED that each conservator shall comply with all terms and conditions of this Temporary Possession Order =" and IT IS ORDERED that this Temporary Possession Order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs this Temporary Possession Order. IT IS, THEREFORE, ORDERED: (a) Definitions 1 In this Possession Order "child" includes EP nd while that child is under the age of eighteen years and not otherwise emancipated. The Court finds the parties agree and IT IS ORDERED that Carlos Allen Smith shall have possession of agreed upon between Carlos Allen Smith, IT 1S ORDERED that nothing in this order shall supersede any term of any Sm Agreed Tempo: u and Pa. Order zi protective order or condition of bond, probation, or parole. 9.b. Temporary Modified Possession Order i __ IT IS ORDERED that each conservator shall comply with all terms and conditions of this Temporary Modified Possession Order — IT 1S ORDERED that this Temporary Modified Possession Order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs this Temporary Modified Possession Order. IT IS, THEREFORE, ORDERED: (a) Definitions I In this Standard Possession Order "school" means the —— or secondary school in which is enrolled or, if is not enrolled in an elementary or secondary school, the public school district in which the child primarily resides. 2. In_this Temporary Modified Possession Order "child" means as therwise emancipated. while that child is under the age of eighteen years and not (b) Phases The parties agree and IT IS ORDERED that the following phases must be 100% completed by Carlos Allen Smith prior to moving to the next sequential phase of access. The parties agree and IT IS ORDERED any failure to perform or deliver the child by Tamisika Kofi Smith shall not be counted against Carlos Allen Smith as a failure to perform for progression to the next phase as described herein below: (b)(1). Facetime — Carlos Allen Smith shall have a FaceTime communication with the child at 12:00 p.m. on August 12, 2023 and on August I9, 2023. Thereafter, Carlos Allen Smith shall have possession of ia as follows: (b)(2). August 26, 2023 — beginning at I1:00 a.m. and ending at 1:00 p.m. on that same day. September 16, 2023 - beginning at 11:00 a.m. and ending at 1:00 p.m. on that same day. September 30, 2023 — beginning at 11:00 a.m. and ending at 1:00 p.m. on that same day. Sm ved Te andP. Order October 7, 2023 — beginning at 11:00 a.m. and ending at 1:00 p.m. on that same day. Surrender_of the Child by Tamisika Kofi Smith - For each of the periods of possession in section (b)(2) above, Tamisika Kofi Smith, or her designated competent adult, shall surrender the child to Carlos Allen Smith at 11:00 a.m. at the PF Chang’s Restaurant, 2120 Lone Star Drive, Sugar Land, Texas 77479. Return of the Child by Carlos Allen Smith - For each of the periods of possession in section (b)(2) above Carlos Allen Smith shall return the child to Tamisika Kofi Smith, or her designated competent adult, at 1:00 p.m. at the PF Chang’s Restaurant, 2120 Lone Star Drive, Sugar Land, Texas 77479. (b)(3). October 21, 2023 beginning at 12:00 p.m. and ending at 4:00 p.m. on that same day. November 4, 2023 beginning at 12:00 p.m. and ending at 4:00 p.m. on that same day. November 11, 2023 beginning at 12:00 p.m. and ending at 4:00 p.m. on that ame day. Surrender of the Child by Tamisika Kofi Smith - For each of the periods of possession in section (b)(3) above, Tamisika Kofi Smith, or her designated competent adult, shall surrender the child to Carlos Allen Smith at 12:00 p.m. at the CVS store located at 6220 Sienna Parkway, Missouri City, Texas 77459. Return of the Child by Carlos Allen Smith - For each of the periods of possession in section (b)(3) above Carlos Allen Smith shall return the child to Tamisika Kofi Smith, or her designated competent adult, at 4:00 p.m. at the CVS store located at 6220 Sienna Parkway, Missouri City, Texas 77459. Thereafter, Carlos Allen Smith shall have possession of a: follows: (b)(4). December 2, 2023 beginning at 12:00 p.m. and ending at 6:00 p.m. on that same day. Surrender_of the Child by Tamisika Kofi Smith - For each of the periods of possession in section (b)(4) above, Tamisika Kofi Smith, or her designated competent adult, shall surrender the child to Carlos Allen Smith at 12:00 p.m. at the CVS store located at 6220 Sienna Parkway, Missouri City, Texas 77459. Return of the Child by Carlos Allen Smith - For each of the periods of possession in section (b)(4) above Carlos Allen Smith shall return the child to Tamisika Kofi Smith, or her designated competent adult, at 4:00 p.m. at the CVS store located at Smith und Partial Final Order 6220 Sienna Parkway, Missouri City, Texas 77459. Notwithstanding the periods of possession provided for Carlos Allen Smith in the Temporary Possession Order and Temporary Modified Possession ORDER ORDERED for Carlos Allen Smith, it is expressly ORDERED that Tamisika Kofi Smith shall have a superior right of possession of the children beginning at the time school is dismissed on December 15, 2023, and ending at the time the children returnto school on January 5, 2024. 9.c. Undesignated Periods of Possession Tamisika Kofi Smith shall have the exclusive right of possession of the child at all other times not specifically designated in this Temporary Possession Order and Temporary Modified Possession Order for Carlos Allen Smith. 9.d. General Terms and Conditions 1 Personal Effects - Each conservatoris ORDERED to return with the child the personal effects that the child brought at the beginning of the period of possession. 2 Inability to Exercise Possession - Each conservatoris ORDERED to give notice to the 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. 3 Written Notice - Written notice shall be deemed to have been timely made if received via OurFamilyW izard before or at the time that notice is due. Each conservator is ORDERED to notify the other conservator of any change in the conservator's electronic mail address within twenty-four hours after the change. This concludes the Temporary Possession Order and Temporary Modified Possession Order. 9.e. Duration The periods of possession ordered above apply to each child the subject of this suit while that child is under the age of eighteen years and not otherwise emancipated. 9.£. Noninterference with Possession Except as expressly provided herein, IT IS ORDERED that neither conservator shall take possession of the children during the other conservator's period of possession unless there is a prior written agreement signed by both conservators or in case of an emergency. Smith Agreed Temporary and Partial Final Order 9.g. Termination of Orders The provisions of this order relating to conservatorship, possession, or access terminate on the remarriage of Carlos Allen Smith to Tamisika Kofi Smith unless a nonparent or agency has been appointed conservator of the children under chapter 153 of the Texas Family Code. 10. Final Modification of Child Support IT IS ORDERED that Carlos Allen Smith is obligated to pay and shall pay to Tamisika Kofi Smith child support of two thousand seven hundred sixty dollars ($2,760.00) per month, with the first payment being due and payable on August 1, 2023 and a like payment being due and payable on the Ist day of each month thereafter until the first month following the date of the earliest occurrence of one of the events specified below: 1 EE ae reach the age of eighteen years or graduates from high school, whichever occurs later, subject to the provisions for support beyond the age of eighteen years set out below; child marries; child dies; enlists in the armed forces of the United States and begins active service as defined by section 101 of title 10 of the United States Code; or a disabilities are otherwise Thereafter, Carlos Allen Smith is ORDERED to pay to Tamisika Kofi Smith child support of one thousand eight hundred forty dollars ($1,840.00) per month, due and payable on the Ist day of the first month immediatel following the date of the earliest occurrence of one of the events specified above for i i, and a like sum of one thousand eight hundred forty dollars ($1,840.00) due and payable on the Ist day of each month thereafter until the next occurrence of one of the events specified above for another child for whom Carlos Allen Smith remained obligated to pay support under this order. If the child is eighteen years of age and has not graduated from high school and Carlos Allen Smith's obligation to support the child has not already terminated, IT IS ORDERED that Carlos Allen Smith's obligation to pay child support to Tamisika Kofi Smith shall not terminate but shall continue for as long as the child is enrolled- 1 under chapter 25 of the Texas Education Code in an accredited secondary school in a program leading toward a high school diploma or under section 130.008 of the Education Code in courses for joint high school and junior college credit and is complying with the minimum attendance requirements of subchapter C of chapter 25 of the Education Code or on a full-time basis in a private secondary school in a program leading toward a Sm Agreed Tempore and Pa. Order i high school diploma and complying with the minimum attendance requirements imposed by that school. 11, Withholding from Earning: IT IS ORDERED that any employer of Carlos Allen Smith shall be ordered to withhold the child support payments ordered in this order from the disposable earnings of Carlos Allen Smith forthe support a IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of Carlos Allen Smith 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 Carlos Allen Smith, and it is hereby ORDERED that Carlos Allen Smith pay the balance due directly as specified below. On this date the Court signed an Income Withholding for Support. 12. 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 Tamisika Kofi Smith for the support of the children. IT IS ORDERED that all payments shall be made payable to the Office of the Attorney General and include the ten-digit Office of the Attorney General case number (if available), the cause number of this suit, Carlos Allen Smith's name as the name of the noncustodial parent (NCP), and Tamisika Kofi Smith's name as the name of the custodial parent (CP). Payment options are found on the Office of the Attorney General's website at www.texasattorneygeneral.gov/cs/payment-options- and-types. IT IS ORDERED that each party shall pay, when due, all fees charged to that party by the state disbursement unit and any other agency statutorily authorized to charge a fee. 13. Change of Employment IT IS FURTHER ORDERED that Carlos Allen Smith shall notify this Court and Tamisika Kofi Smith 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 Carlos Allen Smith and the name and address of his current employer, whenever that information becomes available. 14. Clerk's Duties IT IS ORDERED that, on the request of a prosecuting attorney, the title IV-D agency, the Smith ved Te and ial Final Order friend of the Court, a domestic relations office, Tamisika Kofi Smith, Carlos Allen Smith, or an attomey representing Tamisika Kofi Smith or Carlos Allen Smith, the clerk of this Court shall cause a certified copy of the Income Withholding for Support to be delivered to any employer. 15. Medical and Dental Support 15.a. IT IS ORDERED that Carlos Allen Smith and Tamisika Kofi Smith shall each provide additional child support for each child as set out in this order for as long as the Court may order Carlos Allen Smith and Tamisika K ofi Smith to provide support for the child under sections 154.001 and 154.002 of the Texas Family Code. Beginning on the day Carlos Allen Smith and Tamisika Kofi Smith's actual or potential obligation to support a child under sections 154.001 and 154.002 of the Family Code terminates, IT IS ORDERED that Carlos Allen Smith and Tamisika Kofi Smith are discharged from these obligations with respect to that child, except for any failure by a parent to fully comply with these obligations before that date. IT IS FURTHER ORDERED that the additional child support payments for costs of health and dental insurance ordered below are payable through the state disbursement unit or as directed below and subject to the provisions for withholding from earnings provided above for other child support payments. 15.b. 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 total cost of health insurance coverage for all children for which Carlos Allen Smith is responsible under a medical support order that does not exceed 9 percent of Carlos Allen Smith's annual resources, as described by section 154.062(b) of the Texas Family Code. “Dental insurance" means insurance coverage that provides preventive dental care and other dental services, including usual dentist services, office visits, examinations, X-rays, and emergency services, that may be provided through a single service health maintenance organization or other private or public organization. “Reasonable cost" of dental insurance means the total cost of dental insurance coverage for all children for which Carlos Allen Smith is responsible under a medical support order that does not exceed 1.5 percent of Carlos Allen Smith's annual resources, as described by section 154.062(b) of the Texas Family Code. “Health-care expenses" include, without limitation, medical, surgical, prescription drug, mental health-care services, dental, eye care, ophthalmological, and orthodontic charges but do not include expenses for travel to and from the provider or for nonprescription medication. “Health-care expenses that are not reimbursed by insurance" ("unreimbursed expenses") Smith Agreed Temporary and Partial Final Order include related copayments and deductibles. 15.c. Findings on Availability of Health Insurance - 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 children through Tamisika Kofi Smith's employment or membership in a union, trade association, or other organization at a reasonable cost of $352.98 per month. IT IS FURTHER FOUND that the following orders regarding health-care coverage are in the best interest of the children. 15.d. Provision of Health-C are C overage -— As child support, Tamisika Kofi Smith is ORDERED to maintain health insurance for each child as long as child support is payable for that child. Tamisika Kofi Smith is ORDERED- a. to provide to each conservator of the children the following information no later than the thirtieth day after the date the notice of the rendition of this order is received: Tamisika Kofi Smith's Social Security number; IL the name and address of Tamisika Kofi Smith's employer; ili whether Tamisika Kofi Smith's employer is self-insured or has health insurance available; lv proof that health insurance has been provided for each child; if Tamisika Kofi Smith's employer has health insurance available: (a) the name of the health insurance carrier; (b) the number of the policy; (c) a copy of the policy; (d) a schedule of benefits; (e) a health insurance membership card; (f) claim forms, and g any other information necessary to submit a claim; and VL if Tamisika Kofi Smith's employer is self-insured: (a) a copy of the schedule of benefits; (b) a membership card; (c) claim forms; and (d) any other information necessary to submit a claim; to provide to each conservator of the children a copy of any renewals or changes to the health insurance coverage of a child and additional information regarding health insurance coverage of the children not later than the fifteenth day after Tamisika Kofi Smith receives or is provided with the renewal, change, or additional information; Smith Agreed Temporary and Partial Final Order to notify each conservator of the children of any termination or lapse of the health insurance coverage of a child no later than the fifteenth day after the date of the termination or lapse; after termination or lapse of health insurance coverage, to notify each conservator of the children of the availability to Tamisika Kofi Smith of additional health insurance for the children not later than the fifteenth day after the date the insurance becomes available; after termination or lapse of health insurance coverage, to enroll the children in a health insurance plan that is available to Tamisika Kofi Smith at reasonable cost at the next available enrollment period. Pursuant to section 1504.051 of the Texas Insurance Code, it is ORDERED that if Tamisika Kofi Smith is eligible for dependent health coverage but fails to apply to obtain coverage for the children, the insurer shall enroll the children on application of Carlos Allen Smith or others as authorized by law. Pursuant to section 154.182(b-1) of the Texas Family Code, Carlos Allen Smith is ORDERED to pay Tamisika Kofi Smith, as additional child support, the amount of three hundred fifty-two dollars and ninety-eight cents ($352.98) per month for the cost of health insurance, with the first installment being due and payable on August 1, 2023 and a like installment being due and payable on or before the 1st day of each month until the termination of current child support for and IT IS FURTHER ORDERED that the Income Withholding Order for Support authorized above in this order shall include the payments for the cost of health insurance ordered herein. IT IS FURTHER ORDERED that all payments for the cost of health insurance shall be made through the state disbursement unit at Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, Texas 78265-9791. IT IS ORDERED that all payments shall be made payable to the Office of the Attorney General and include the ten-digit Office of the Attorney General case number (if available), the cause number of this suit, Carlos Allen Smith's name as the name of the noncustodial parent (NCP), and Tamisika Kofi Smith's name as the name of the custodial parent (CP). Payment options are found on the Office of the Attorney General's website at www.texasattoreygeneral.gov/cs/payment-options-and-types. IT IS ORDERED that the provisions of this order for payments for the cost of health insurance shall be an obligation of the estate of Carlos Allen Smith and shall not terminate on his death. 15.e. Findings on Availability of Dental Insurance — Having considered the cost, accessibility, and quality of dental insurance coverage available to the parties, the Court finds: Dental insurance is available or is in effect for the children through Tamisika Kofi Smith's employment or membership in a union, trade association, or other or