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FILED: 6/4/2018 9:49 AM
SHERRI ADELSTEIN
Denton County District Clerk
By: Elizabeth Jones, Deputy
NO. 14-00076-158
IN THE MATTER OF IN THE DISTRICT COURT
THE MARRIAGE OF
KERRIE SCHIESZER 158™ JUDICIAL DISTRICT
AND
DAVID A. SCHIESZER DENTON COUNTY, TEXAS
ORIGINAL PETITION TO TERMINATE SPOUSAL MAINTENANCE
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.
2 Parties
This suit is brought by David Schieszer, Petitioner. The last three numbers of David A.
Schieszer's driver's license number are 180. The last three numbers of David A. Schieszer's
Social Security number are 258.
3 Jurisdiction
This Court has continuing jurisdiction of this suit and of this Court's order for spousal
maintenance.
4. Citation
Respondent, Kerrie Schieszer, is a resident of Denton County, Texas. Process should be
served at 421 Moran Drive, Highland Village, Texas, 75077.
5 Order in Effect
On July 13, 2015, the Court entered the Final Decree of Divorce. It stated:
It is the mutual desire of the parties to provide a continuing measure of support
for Kerrie Schieszer, Receiving Party, after divorce. These support payments undertaken
by David A. Schieszer, Paying Party, are intended to qualify as contractual alimony as
that term is defined in section 71(a) of the Internal Revenue Code of 1986 ("the Code"),
Petition to Terminate Spousal Support Page |
as amended, and are intended to be includable in the gross income of Receiving Party
under section 71(a) of the Code and deductible by Paying Party under section 215(a) of
the Code. All provisions of this article will be interpreted in a manner consistent with that
intention and the provisions of Texas Family Code chapter 8. Accordingly, Respondent is
ordered to pay as spousal maintenance as set forth below until the earliest of one of the
following events occurs:
1 death of either Petitioner or Respondent;
2. remarriage of Petitioner; or
3 further orders of the Court affecting the spousal maintenance obligation,
including a finding of cohabitation by Petitioner.
Amount - David A. Schieszer will pay to Kerrie Schieszer forty-eight (48)
payments of $2,500.00 per month as alimony. These payments will be payable monthly,
on or before the 1st day of each month, beginning on August 1, 2015, with the last
payment due on July 1, 2019, presuming all payments have been made. Thereafter,
beginning on August 1, 2019, David A. Schieszer will pay to Kerrie Schieszer twenty-
four (24) payments of $2,000.00 per month as alimony payable monthly, on or before the
1st day of each month with the last payment due on July 1, 2021, presuming all payments
have been made. To the extent the real property residence has not been sold or
refinanced, Respondent shall continue to make the monthly mortgage payments thereon
and shall receive a credit for all monthly payments made and applied toward the
mortgage obligations up to $2,400.00 per month and such alimony monthly payments
herein required shall be forgiven for each and every month that Respondent pays toward
the satisfaction of the mortgage obligations of the parties.
Petitioner and Respondent are the Obligor and Obligee, respectively, under the order.
Reason for Termination of Order
The Order of Income Withholding for Spousal Maintenance should be terminated
because Petitioner has complied fully with the terms of the spousal maintenance order of this
Court.
7. Termination Sought
The order for spousal maintenance should be terminated by this Court. As of the date of
cohabitation because Kerrie Schieszer has been cohabitating since at least June 1, 2018.
8 Attorney's Fees and Costs
It was necessary for Petitioner to secure the services of Donna R. Hernandez, a licensed
Petition to Terminate Spousal Support Page 2
attorney, to prepare and prosecute this suit. Respondent should be ordered to pay reasonable
attorney's fees, expenses, and costs through trial and appeal, and a judgment should be rendered
in favor of the attorney and against Respondent; or, in the alternative, reasonable attorney's fees,
expenses, and costs through trial and appeal should be taxed as costs and be ordered paid directly
to the undersigned attorney, who may enforce the order in the attorney's own name. Petitioner
requests postjudgment interest as allowed by law.
9. Prayer
Petitioner prays that citation and notice issue as required by law.
Petitioner prays that the Order for payment of Spousal Maintenance be terminated.
Petitioner prays for attorney's fees, expenses, costs, and interest as requested above and
for general relief.
MORRIS LEGAL GROUP
610 Parker Square
Flower Mound, TX 75028
Tel: (972) 539-0090
Fax: (972) 539-1464
By:/s/ Donna R. Hernandez
Donna R. Hernandez
State Bar No. 03638600
dhernandez@morris-law.com
Attorney for Respondent
SS
Petition to Terminate Spousal Support Page 3
Preview
FILED: 6/4/2018 9:49 AM SHERRI ADELSTEIN Denton County District Clerk By: Elizabeth Jones, Deputy NO. 14-00076-158 IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF KERRIE SCHIESZER 158™ JUDICIAL DISTRICT AND DAVID A. SCHIESZER DENTON COUNTY, TEXAS ORIGINAL PETITION TO TERMINATE SPOUSAL MAINTENANCE 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. 2 Parties This suit is brought by David Schieszer, Petitioner. The last three numbers of David A. Schieszer's driver's license number are 180. The last three numbers of David A. Schieszer's Social Security number are 258. 3 Jurisdiction This Court has continuing jurisdiction of this suit and of this Court's order for spousal maintenance. 4. Citation Respondent, Kerrie Schieszer, is a resident of Denton County, Texas. Process should be served at 421 Moran Drive, Highland Village, Texas, 75077. 5 Order in Effect On July 13, 2015, the Court entered the Final Decree of Divorce. It stated: It is the mutual desire of the parties to provide a continuing measure of support for Kerrie Schieszer, Receiving Party, after divorce. These support payments undertaken by David A. Schieszer, Paying Party, are intended to qualify as contractual alimony as that term is defined in section 71(a) of the Internal Revenue Code of 1986 ("the Code"), Petition to Terminate Spousal Support Page | as amended, and are intended to be includable in the gross income of Receiving Party under section 71(a) of the Code and deductible by Paying Party under section 215(a) of the Code. All provisions of this article will be interpreted in a manner consistent with that intention and the provisions of Texas Family Code chapter 8. Accordingly, Respondent is ordered to pay as spousal maintenance as set forth below until the earliest of one of the following events occurs: 1 death of either Petitioner or Respondent; 2. remarriage of Petitioner; or 3 further orders of the Court affecting the spousal maintenance obligation, including a finding of cohabitation by Petitioner. Amount - David A. Schieszer will pay to Kerrie Schieszer forty-eight (48) payments of $2,500.00 per month as alimony. These payments will be payable monthly, on or before the 1st day of each month, beginning on August 1, 2015, with the last payment due on July 1, 2019, presuming all payments have been made. Thereafter, beginning on August 1, 2019, David A. Schieszer will pay to Kerrie Schieszer twenty- four (24) payments of $2,000.00 per month as alimony payable monthly, on or before the 1st day of each month with the last payment due on July 1, 2021, presuming all payments have been made. To the extent the real property residence has not been sold or refinanced, Respondent shall continue to make the monthly mortgage payments thereon and shall receive a credit for all monthly payments made and applied toward the mortgage obligations up to $2,400.00 per month and such alimony monthly payments herein required shall be forgiven for each and every month that Respondent pays toward the satisfaction of the mortgage obligations of the parties. Petitioner and Respondent are the Obligor and Obligee, respectively, under the order. Reason for Termination of Order The Order of Income Withholding for Spousal Maintenance should be terminated because Petitioner has complied fully with the terms of the spousal maintenance order of this Court. 7. Termination Sought The order for spousal maintenance should be terminated by this Court. As of the date of cohabitation because Kerrie Schieszer has been cohabitating since at least June 1, 2018. 8 Attorney's Fees and Costs It was necessary for Petitioner to secure the services of Donna R. Hernandez, a licensed Petition to Terminate Spousal Support Page 2 attorney, to prepare and prosecute this suit. Respondent should be ordered to pay reasonable attorney's fees, expenses, and costs through trial and appeal, and a judgment should be rendered in favor of the attorney and against Respondent; or, in the alternative, reasonable attorney's fees, expenses, and costs through trial and appeal should be taxed as costs and be ordered paid directly to the undersigned attorney, who may enforce the order in the attorney's own name. Petitioner requests postjudgment interest as allowed by law. 9. Prayer Petitioner prays that citation and notice issue as required by law. Petitioner prays that the Order for payment of Spousal Maintenance be terminated. Petitioner prays for attorney's fees, expenses, costs, and interest as requested above and for general relief. MORRIS LEGAL GROUP 610 Parker Square Flower Mound, TX 75028 Tel: (972) 539-0090 Fax: (972) 539-1464 By:/s/ Donna R. Hernandez Donna R. Hernandez State Bar No. 03638600 dhernandez@morris-law.com Attorney for Respondent SS Petition to Terminate Spousal Support Page 3