Preview
233-623981-17
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA.
CAUSE NO. 233-623981-17
IN THE INTEREST OF § IN THE DISTRICT COURT
§
ALEXA NICOLE PALOMINOS, § 233D JUDICIAL DISTRICT
§
A CHILD § TARRANT COUNTY, TEXAS
AGREED TEMPORARY ORDERS FOR MODIFICATION OF PARENT-
CHILD RELATIONSHIP
Date of Hearing
Appearances
Ismael Palominos, Petitioner, appeared by attorney of record and announced
ready for hearing.
Sonia Palominos, Respondent, appeared by attorney of record and announced
ready for hearing.
Record Waived
A record was waived by the parties with the consent of the Court.
Ismael Palominos and Sonia Palominos have agreed to the terms of this
Temporary Order as evidenced by their signatures below.
Jurisdiction
The Court, having examined the parties' pleadings, and the agreement of the
parties, and having heard evidence and argument of counsel, finds that all necessary
AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE
PARENT-CHILD RELATIONSHIP PAGE 1 OF 16
residence qualifications and notice prerequisites are legally met. Accordingly, the
Court finds that it has jurisdiction over this case and all the parties.
Child of the Suit
The following child is the subject of this suit:
Name Sex Birth Date
Alexa Nicole Palominos Female 08/25/2015
Findings
The following temporary orders are for the safety and welfare and are in the
best interest of the child.
Temporary Orders for Child Support
Temporary Child Support Obligation of Ismael Palominos
IT IS ORDERED that, except as otherwise expressly provided in these
Temporary Orders, Ismael Palominos shall pay child support totaling $351.86 per
month to Sonia Palominos for support of the child. Such amount shall be paid in a
single monthly payment on the first day of each month. The first such payment is
due and payable on November 1, 2020.
Duration of Child Support Obligation
IT IS FURTHER ORDERED that the child support obligation of Ismael
Palominos shall continue until further orders of this Court.
Withholding for Child Support
Definitions. As used in this Order for Withholding for Child Support, the
following words have these meanings:
(a.) "Earnings" means payments to or due Ismael Palominos, regardless of source
and how denominated. The term includes: periodic or lump-sum payments for
wages, salary, compensation received as an independent contractor, overtime pay,
severance pay, commission, bonus, and interest income; as well as periodic or
AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE
PARENT-CHILD RELATIONSHIP PAGE 2 OF 16
lump-sum payments made under a pension, an annuity, workers' compensation,
and a disability or retirement program; and unemployment benefits.
(b.) "Disposable earnings" means that part of the earnings of Ismael Palominos
remaining after the deduction from those earnings of any amounts required by
law to be withheld for union dues, nondiscretionary retirement contributions, and
medical, hospitalization, and disability insurance coverage for Ismael Palominos
and Ismael Palominos's child.
Orders for Withholding for Child Support
IT IS ORDERED that any employer of Ismael Palominos shall withhold for
child support from Ismael Palominos's disposable earnings.
IT IS ORDERED that a credit against Ismael Palominos's child support
obligation is created equal to all amounts withheld by the employer and paid in
compliance with this Court's Order.
IT IS ORDERED that Ismael Palominos's child support obligation is
discharged by payment of the full amount of child support ordered to be paid under
this Order by means of withholding from Ismael Palominos's earnings.
IT IS ORDERED that if the amount withheld from Ismael Palominos's
earnings and credited against the child support obligations is less than 100 percent
of the amount ordered to be paid under this Order, the resulting balance constitutes
a continuing obligation of Ismael Palominos, which Ismael Palominos is ORDERED
to pay directly to the state disbursement unit as described in this Temporary Order.
IT IS ORDERED that the employer shall remit payments of child support to
the state disbursement unit and the state disbursement unit should promptly remit
the payments to Sonia Palominos for the support of Alexa Nicole Palominos.
IT IS ORDERED that if Ismael Palominos's employer's address changes, or if
Ismael Palominos's employment terminates, Ismael Palominos shall notify this Court
and Sonia Palominos of either event, by U.S. certified mail, return receipt requested,
within 7 days after the occurrence of the event. Contained in the above notice, or as
AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE
PARENT-CHILD RELATIONSHIP PAGE 3 OF 16
soon as new information becomes available, Ismael Palominos IS FURTHER
ORDERED to provide this Court and Sonia Palominos, as applicable, with Ismael
Palominos's current address, and the name and address of Ismael Palominos's
current employer.
IT IS ORDERED that, on request by the prosecuting attorney, the Title IV-D
agency, a friend of the Court, a domestic relations office, Ismael Palominos, Sonia
Palominos, or an attorney representing Ismael Palominos or Sonia Palominos, the
clerk of this Court shall cause a certified copy of the order or writ for the Income
Withholding for Support to be delivered to Ismael Palominos's current, or any
subsequent, employer.
IT IS ORDERED that all child support payments shall be remitted to the Texas
Child Support Disbursement Unit, P.O. Box 659791, San Antonio, TX 78265-9791.
Temporary Child Support Payment Instructions
IT IS ORDERED that all child support payments shall be remitted to the Texas
Child Support Disbursement Unit, P.O. Box 659791, San Antonio, TX 78265-9791.
No Offset
IT IS ORDERED that any expense incurred by Ismael Palominos during
periods of possession of, or access to, the child, or any payment made by Ismael
Palominos for the food, clothing, shelter, travel, entertainment, gifts, or other expense
items of the child are considered to be in addition to, and not in lieu of the child
support obligation.
Obligation of the Estate
All child support obligations provided in this Temporary Order shall not
terminate on the obligor's death but shall continue as an obligation of obligor's estate.
Any payment received by an obligee for the benefit of the child, including life
insurance proceeds, annuity payments, trust or other fiduciary distributions,
AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE
PARENT-CHILD RELATIONSHIP PAGE 4 OF 16
including retirement survivor benefits, and payments from the Social Security
Administration, Department of Veteran Affairs, or other governmental agency, shall
be a credit against the obligor's estate's child support obligation. Any unpaid balance
of the child support obligation remaining after due application of all credits is an
obligation of obligor's estate.
Medical and Dental Support
Definitions
As used in this Order:
(a.) "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 for a child, 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.
(b.) "Reasonable cost" of health insurance means the cost of health insurance
coverage for a child that does not exceed 9 percent of the obligor's annual
resources, as described by Section 154.062(b) of the Texas Family Code.
(c.) "Dental insurance" means insurance coverage that provides preventative
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.
(d.) "Reasonable cost" of dental insurance means the cost of dental insurance
coverage for a child that does not exceed 1.5 percent of the obligor's annual
resources, as described by Section 154.062(b) of the Texas Family Code.
(e.) "Reasonable and necessary health care expenses" include office visit and
prescription medicine copayments, deductibles, medical, surgical, mental health-
care services, prescription drugs, vision and dental expenses for a child that does
not exceed 9 percent of the obligor's annual resources, as described by Section
154.062(b) of the Texas Family Code.
AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE
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Duration of Medical Support Obligation
IT IS ORDERED that the duties to obtain and to pay for health care and dental
coverage for the child as provided in this Temporary Order shall continue for so long
as a parent has a duty to provide child support for such child.
Cash Medical Support Payment Terms
IT IS ORDERED that any cash medical payments ordered herein shall be paid
through the state disbursement unit. Any cash medical support obligation contained
in this Temporary Order shall be considered additional child support and may be
enforced in the same manner as any other child support obligation, including income
withholding. IT IS FURTHER ORDERED that any cash medical support ordered
herein shall be included in the Income Withholding Order specified above. Cash
medical support obligations contained in this Temporary Order are obligations of the
obligor's estate and shall not terminate on the obligor's death.
Private Health Insurance
The Court finds that health insurance coverage for the child is in effect at
reasonable cost through Sonia Palominos's domestic partner's employment. IT IS
ORDERED that Sonia Palominos shall continue providing that insurance coverage.
IT IS FURTHER ORDERED that, in the event such insurance is terminated or is no
longer available for any reason, Sonia Palominos shall acquire replacement health
insurance coverage within 15 days.
The Court finds that the cost of such coverage is $145.00 per month. IT IS
ORDERED that Ismael Palominos shall pay $145.00 per month to Sonia Palominos
as cash medical support to compensate Sonia Palominos for the insurance costs for
the child. Such amount is in addition to any child support obligation Ordered above
and shall be paid on the same dates and in the same manner as Ismael Palominos's
child support obligation is payable.
AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE
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IT IS FURTHER ORDERED that, if the cost of the health insurance coverage
increases, then the cash medical support obligation of Ismael Palominos shall be
increased in an equal amount. The increased obligation shall be due and payable
with the first payment becoming due after Ismael Palominos receives documentation
from the insurance company or Sonia Palominos's employer showing the new cost.
IT IS FURTHER ORDERED that, if the cost of the health insurance coverage
decreases, then Sonia Palominos shall notify Ismael Palominos of the new decreased
amount within 30 days. Sonia Palominos shall reimburse Ismael Palominos for any
overpayment within 5 days of the receipt of that overpayment.
Duty to Furnish Information
As required by Section 154.185 of the Texas Family Code, IT IS ORDERED
that Sonia Palominos shall furnish to Ismael Palominos the following personal
information not later than the 30th day after the date the notice of rendition of this
Order is received:
(a.) the name and Social Security number of Sonia Palomino's domestic partner;
(b.) name and address of the employer of the domestic partner;
(c.) whether that employer is self-insured or has health insurance available;
(d.) proof that the health insurance has been provided for the child;
(e.) if Sonia Palominos's domestic partner's employer has health insurance
available, the name of the health insurance carrier, the number of the policy and
schedule of benefits, a health insurance membership card, claim forms, and any
other information necessary to submit a claim; and
(f.) if Sonia Palominos's domestic partner's employer is self-insured, a copy of the
schedule of benefits, a health insurance membership card, claim forms, and any
other information necessary to submit a claim.
IT IS FURTHER ORDERED that Sonia Palominos shall furnish to Ismael
Palominos any additional information regarding health insurance coverage not later
than the 15th day after the date the information is received by Sonia Palominos.
AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE
PARENT-CHILD RELATIONSHIP PAGE 70F 16
IT IS FURTHER ORDERED that Ismael Palominos is designated the custodial
parent and alternate recipient's representative for the purposes of Section 1169, Title
29, United States Code.
Private Dental Insurance
The Court finds that dental insurance coverage for the child is in effect at
reasonable cost through Sonia Palominos's domestic partner's employment. IT IS
ORDERED that Sonia Palominos shall continue providing that insurance coverage.
IT IS FURTHER ORDERED that, in the event such insurance is terminated or is no
longer available for any reason, Sonia Palominos shall acquire replacement dental
insurance coverage within 15 days.
Duty to Furnish Information
As required by Section 154.185 of the Texas Family Code, IT IS ORDERED
that Sonia Palominos shall furnish to Ismael Palominos the following personal
information not later than the 30th day after the date the notice of rendition of this
Temporary Order is received:
(a.) the name and Social Security number of Sonia Palomino's domestic partner;
(b.) name and address of the employer of the domestic partner;
(c.) whether Sonia Palominos's domestic partner's employer is self-insured or has
dental insurance available;
(d.) proof that the dental insurance has been provided for the child;
(e.) if Sonia Palominos's domestic partner's employer has dental insurance
available, the name of the dental insurance carrier, the number of the policy and
schedule of benefits, a dental insurance membership card, claim forms, and any
other information necessary to submit a claim; and
(f.) if Sonia Palominos's domestic partner's employer is self-insured, a copy of the
schedule of benefits, a dental insurance membership card, claim forms, and any
other information necessary to submit a claim.
AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE
PARENT-CHILD RELATIONSHIP PAGE 8 OF 16
IT IS FURTHER ORDERED that Sonia Palominos shall furnish to Ismael
Palominos any additional information regarding dental insurance coverage not later
than the 15th day after the date the information is received by Sonia Palominos.
IT IS FURTHER ORDERED that Ismael Palominos is designated the custodial
parent and alternate recipient's representative for the purposes of Section 1169, Title
29, United States Code.
WARNING
A PARENT ORDERED TO PROVIDE HEALTH INSURANCE OR
DENTAL INSURANCE OR TO PAY THE OTHER PARENT ADDITIONAL
CHILD SUPPORT FOR THE COST OF HEALTH INSURANCE OR DENTAL
INSURANCE WHO FAILS TO DO SO IS LIABLE FOR NECESSARY
MEDICAL EXPENSES OR DENTAL EXPENSES OF THE CHILD, WITHOUT
REGARD TO WHETHER THE EXPENSES WOULD HAVE BEEN PAID IF
HEALTH INSURANCE OR DENTAL INSURANCE HAD BEEN PROVIDED
AND THE COST OF HEALTH INSURANCE PREMIUMS, DENTAL
INSURANCE PREMIUMS, OR CONTRIBUTIONS, IF ANY, PAID ON
BEHALF OF THE CHILD.
Notice of Termination or Lapse of Insurance Coverage
IT IS ORDERED that Sonia Palominos shall notify Ismael Palominos of the
termination or lapse of health insurance coverage for the child not later than the 15th
day after the date of a termination or lapse; and notify Ismael Palominos of the
availability of replacement insurance not later than the 15th day after the date the
insurance becomes available. IT IS FURTHER ORDERED that Sonia Palominos
shall maintain coverage for the child under COBRA if it is available or by converting
any group policy to an individual policy. IT IS FURTHER ORDERED that Sonia
Palominos obtain replacement health or dental insurance for the child within 15 days
after the lapse or termination of existing insurance, if such insurance is available at
a reasonable cost. Otherwise, Sonia Palominos is ORDERED to enroll the child in a
health or dental insurance plan that is available to Sonia Palominos at reasonable
cost at the next available enrollment period.
AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE
PARENT-CHILD RELATIONSHIP PAGE 9 OF 16
As provided in Section 1504.051 of the Texas Insurance Code, IT IS ORDERED
that if Sonia Palominos is eligible for dependent dental coverage but fails to obtain
such coverage for the child, the insurer is ORDERED to enroll the child on application
of the other parent or any other person or entity authorized by law to make such
application.
Allocation of Additional Health Care Expenses
IT IS ORDERED that, if Sonia Palominos is providing health care and dental
coverage as ordered herein, Sonia Palominos shall pay 50 percent and Ismael
Palominos shall pay 50 percent of the reasonable and necessary health care expenses,
including deductibles or copayments and vision and dental expenses of the child that
are not otherwise covered by health insurance, dental insurance, or cash medical
support. All such additional health care expenses shall be presumed to be reasonable
and necessary. IT IS FURTHER ORDERED that, if Sonia Palominos fails to provide
health care coverage as ordered herein, then Sonia Palominos shall pay for all health
care expenses incurred by either party for the child.
A party incurring an additional health care expense for a child shall submit to
the other party, within 30 days after the date the information is received, all
information related to such health care expenses, including forms, receipts, bills,
statements, and explanations of benefits. A party's failure to submit the expense
within the timeframe, however, shall not relieve the other party from the obligation
to pay his or her percentage as allocated above.
Within 120 days after receiving the above information from the incurring
party, the other party shall pay his or her percentage of the health care expenses
either directly to the health care provider if the incurring party has not yet paid the
expense, or to the incurring party if the incurring party has paid the expense.
AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE
PARENT-CHILD RELATIONSHIP PAGE 10 OF 16
Secondary Health or Dental Insurance Coverage-
If either conservator provides secondary health or dental insurance coverage
for the child, each conservator is ORDERED to fully cooperate with the other to
ensure that all insurance claims are filed promptly and in the manner necessary to
maximize the coverage and benefits available from such policies and to ensure that
the party who pays for any health or dental care for the child is reimbursed for such
costs to the fullest extent possible.
Claims-.Sections 1204.251 and 1504.055(a) of the Texas Insurance Code
As provided in Section 1204.251 of the Texas Insurance Code, Sonia Palominos
is designated the managing conservator or possessory conservator of the child.
As provided in Sections 1204.251 and 1504.055(a) of the Texas Insurance Code,
IT IS ORDERED that, if a conservator is providing health or dental insurance
coverage for the child through a group policy or a health benefit plan issuer that
provides health coverage to a child through a covered parent, the conservator who is
not providing the health or dental insurance policy shall have the option to file claims
against the policy directly with insurance policy issuer and to receive payments
directly from the issuer.
If the conservator who is not providing the insurance policy does not elect to
file the claims directly with the policy issuer, such conservator is ORDERED to
furnish to the conservator who is providing the insurance coverage all forms and
supporting documents necessary to file the claim with the policy issuer within fifteen
days after receiving such documents. The conservator who is providing the insurance
coverage is ORDERED to submit all claims for payment or reimbursement of health
or dental-care expenses within fifteen days of that conservator's receiving a claim
form and any necessary supporting documents.
AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE
PARENT-CHILD RELATIONSHIP PAGE 11 OF 16
Constructive Trust for Insurance Payments Received-
IT IS ORDERED that any insurance payments received by either conservator
as reimbursement for a child's health or dental-care expenses shall belong to the
conservator who paid those expenses. IT IS FURTHER ORDERED that, if the
conservator receives a reimbursement check for expenses not incurred by that
conservator, such conservator is designated a constructive trustee holding such
payment for the benefit of the conservator who did incur the expense. The
conservator, as constructive trustee, IS ORDERED to endorse and forward the
payments, along with any explanation of benefits, to the other conservator within
three days of receiving such payment.
Maximizing Health Insurance Coverage
Each party is ORDERED to comply with all health msurance and dental
insurance policy requirements in order to maximize the procedures and services
covered as well as the amounts reimbursed by such policies. This Order includes but
is not limited to complying with any advance notice, second opinion, and preferred
provider requirements contained in the insurance policy. A party who fails to comply
with the requirements of the insurance policy shall be solely responsible for payment
of any resulting unreimbursed costs.
Medical Notification
IT IS ORDERED that each party shall notify the other party of any medical
condition that requires a child to be hospitalized or to receive emergency and/or
surgical treatment.
Waiver of Bond
IT IS FURTHER ORDERED that any requirement for execution of a bond
between the parties in connection with these temporary orders for the protection of
the parties is expressly waived.
AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE
PARENT-CHILD RELATIONSHIP PAGE 120F 16
These Temporary Orders continue in full force and effect until the signing of
the Final Order or until further order of this Court.
Required Notices to the Parties
FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR
POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER
LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF
COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY
CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500
FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF
ATTORNEY'S FEES AND COURT COSTS.
FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE
PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY
RESULT IN THE PARTY NOT RECEIVING CREDIT FOR MAKING THE
PAYMENT.
FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY
DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS
TO A CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR
ACCESS TO A CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-
ORDERED CHILD SUPPORT TO THAT PARTY.
EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO
NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE
REGISTRY OF ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE
ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF
EMPLOYER, ADDRESS OF EMPLOYMENT, DRIVER'S LICENSE NUMBER,
AND WORK TELEPHONE NUMBER. THE PARTY IS ORDERED TO GIVE
NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED
INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE
CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE
INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT
HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO PROVIDE 60-
DAY NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE
CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE DATE THAT THE
PARTY KNOWS OF THE CHANGE.
THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY,
THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS
ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION
TO PAY CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS
TOA CHILD.
AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE
PARENT-CHILD RELATIONSHIP PAGE 13 OF 16
FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO
PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE
REGISTRY WITH THE CHANGE IN THE REQUIRED INFORMATION MAY
RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER,
INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE
PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE
OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR
PAYMENT OF ATTORNEY'S FEES AND COURT COSTS.
NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY
USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF CHILD
CUSTODY SPECIFIED IN THIS ORDER. A PEACE OFFICER WHO RELIES
ON THE TERMS OF A COURT ORDER AND THE OFFICER'S AGENCY ARE
ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY CLAIM,
CIVIL OR OTHERWISE, REGARDING THE OFFICER'S GOOD FAITH ACTS
PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES IN ENFORCING
THE TERMS OF THE ORDER THAT RELATE TO CHILD CUSTODY. ANY
PERSON WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER
THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE
THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG
AS TWO YEARS AND A FINE OF AS MUCH AS $10,000.
Pursuant to Section 105.007 of the Texas Family Code, IT IS ORDERED that
whenever notice is required to be given, Ismael Palominos and Sonia Palominos shall
inform each other, this Court, and the state case registry of an intended change in
any of the information required as long as any person, as a result of the order, is
under an obligation to pay child support or is entitled to possession of or access to a
child. IT IS FURTHER ORDERED that notice of the intended change be given at the
earlier of (1) the 60th day before the date the party intends to make the change; or
(2) the fifth day after the date that the party knew of the change, if the party did not
know or could not have known of the change in sufficient time to comply with (1)
above.
Pursuant to Section 105.007 of the Texas Family Code, IT IS ORDERED that
a party shall comply with this Order by giving written notice to each other party of
an intended change in the party's current residence address, mailing address, home
telephone number, name of employer, address of employment, and work telephone
number. IT IS FURTHER ORDERED that the party must give written notice by
AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE
PARENT-CHILD RELATIONSHIP PAGE 140F 16
registered or certified mail. Notice to this Court may also be given by delivering a
copy of the notice in person to the clerk of this Court. Notice to the state case registry
shall be given by delivery of a copy of the notice to State Case Registry, Contract
Services Section, MC046S, P.O. Box 12017, Austin, Texas 78711-2017.
CHILD SUPPORT MODIFICATION NOTICE
THE COURT MAY MODIFY THIS ORDER THAT PROVIDES FOR THE
SUPPORT OF A CHILD, IF:
(a.) THE CIRCUMSTANCES OF THE CHILD OR A PERSON
AFFECTED BY THE ORDER HAVE MATERIALLY AND
SUBSTANTIALLY CHANGED; OR
(b.) IT HAS BEEN THREE YEARS SINCE THE ORDER WAS
RENDERED OR LAST MODIFIED AND THE MONTHLY AMOUNT OF
THE CHILD SUPPORT AWARD UNDER THE ORDER DIFFERS BY
EITHER 20 PERCENT OR $100 FROM THE AMOUNT THAT WOULD
BE AWARDED IN ACCORDANCE WITH THE CHILD SUPPORT
GUIDELINES.
SIGNED on _(}_c._+o~be=---r------'---=/lo'-+-)_;)_G_l0
_ __
JUDGE PRESIDING
AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE
PARENT-CHILD RELATIONSHIP PAGE 15 OF 16
APPROVED AS TO FORM ONLY:
Malonis & Prickett Law Law Office of Jonathan Fox, PLLC
2121 Ridgmar Blvd, Ste 623 1090 Texan Trail, Ste 625
Fort Worth, TX 76116 Grapevine, TX 76051
T: (214) 674-1774 T: (469) 322-9238
F: (817) 887-3093 F: (469) 466-6204
10 yWWA1§fN7AEMCdKLi88AlJl2X
Gregory J. Prickett Jonathan W. Fox
Texas Bar Number: 24091330 Texas Bar No. 24050620
greg. prickett@law-fortworth.com jfox@foxlawdfw.com
Attorney for Ismael Palominos Attorney for Sonia Palominos
APPROVED AND CONSENTED AS TO BOTH FORM AND SUBSTANCE:
10 HSHmYHFZJp!PMSQW4GmUdmA Sonia Palominos (Oct 15, 2020 07:34 CDT!
Ismael Palominos, Petitioner Sonia Palominos, Respondent
AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE
PARENT-CHILD RELATIONSHIP PAGE 160F 16
Preview
233-623981-17 NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA. CAUSE NO. 233-623981-17 IN THE INTEREST OF § IN THE DISTRICT COURT § ALEXA NICOLE PALOMINOS, § 233D JUDICIAL DISTRICT § A CHILD § TARRANT COUNTY, TEXAS AGREED TEMPORARY ORDERS FOR MODIFICATION OF PARENT- CHILD RELATIONSHIP Date of Hearing Appearances Ismael Palominos, Petitioner, appeared by attorney of record and announced ready for hearing. Sonia Palominos, Respondent, appeared by attorney of record and announced ready for hearing. Record Waived A record was waived by the parties with the consent of the Court. Ismael Palominos and Sonia Palominos have agreed to the terms of this Temporary Order as evidenced by their signatures below. Jurisdiction The Court, having examined the parties' pleadings, and the agreement of the parties, and having heard evidence and argument of counsel, finds that all necessary AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE PARENT-CHILD RELATIONSHIP PAGE 1 OF 16 residence qualifications and notice prerequisites are legally met. Accordingly, the Court finds that it has jurisdiction over this case and all the parties. Child of the Suit The following child is the subject of this suit: Name Sex Birth Date Alexa Nicole Palominos Female 08/25/2015 Findings The following temporary orders are for the safety and welfare and are in the best interest of the child. Temporary Orders for Child Support Temporary Child Support Obligation of Ismael Palominos IT IS ORDERED that, except as otherwise expressly provided in these Temporary Orders, Ismael Palominos shall pay child support totaling $351.86 per month to Sonia Palominos for support of the child. Such amount shall be paid in a single monthly payment on the first day of each month. The first such payment is due and payable on November 1, 2020. Duration of Child Support Obligation IT IS FURTHER ORDERED that the child support obligation of Ismael Palominos shall continue until further orders of this Court. Withholding for Child Support Definitions. As used in this Order for Withholding for Child Support, the following words have these meanings: (a.) "Earnings" means payments to or due Ismael Palominos, regardless of source and how denominated. The term includes: periodic or lump-sum payments for wages, salary, compensation received as an independent contractor, overtime pay, severance pay, commission, bonus, and interest income; as well as periodic or AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE PARENT-CHILD RELATIONSHIP PAGE 2 OF 16 lump-sum payments made under a pension, an annuity, workers' compensation, and a disability or retirement program; and unemployment benefits. (b.) "Disposable earnings" means that part of the earnings of Ismael Palominos remaining after the deduction from those earnings of any amounts required by law to be withheld for union dues, nondiscretionary retirement contributions, and medical, hospitalization, and disability insurance coverage for Ismael Palominos and Ismael Palominos's child. Orders for Withholding for Child Support IT IS ORDERED that any employer of Ismael Palominos shall withhold for child support from Ismael Palominos's disposable earnings. IT IS ORDERED that a credit against Ismael Palominos's child support obligation is created equal to all amounts withheld by the employer and paid in compliance with this Court's Order. IT IS ORDERED that Ismael Palominos's child support obligation is discharged by payment of the full amount of child support ordered to be paid under this Order by means of withholding from Ismael Palominos's earnings. IT IS ORDERED that if the amount withheld from Ismael Palominos's earnings and credited against the child support obligations is less than 100 percent of the amount ordered to be paid under this Order, the resulting balance constitutes a continuing obligation of Ismael Palominos, which Ismael Palominos is ORDERED to pay directly to the state disbursement unit as described in this Temporary Order. IT IS ORDERED that the employer shall remit payments of child support to the state disbursement unit and the state disbursement unit should promptly remit the payments to Sonia Palominos for the support of Alexa Nicole Palominos. IT IS ORDERED that if Ismael Palominos's employer's address changes, or if Ismael Palominos's employment terminates, Ismael Palominos shall notify this Court and Sonia Palominos of either event, by U.S. certified mail, return receipt requested, within 7 days after the occurrence of the event. Contained in the above notice, or as AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE PARENT-CHILD RELATIONSHIP PAGE 3 OF 16 soon as new information becomes available, Ismael Palominos IS FURTHER ORDERED to provide this Court and Sonia Palominos, as applicable, with Ismael Palominos's current address, and the name and address of Ismael Palominos's current employer. IT IS ORDERED that, on request by the prosecuting attorney, the Title IV-D agency, a friend of the Court, a domestic relations office, Ismael Palominos, Sonia Palominos, or an attorney representing Ismael Palominos or Sonia Palominos, the clerk of this Court shall cause a certified copy of the order or writ for the Income Withholding for Support to be delivered to Ismael Palominos's current, or any subsequent, employer. IT IS ORDERED that all child support payments shall be remitted to the Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, TX 78265-9791. Temporary Child Support Payment Instructions IT IS ORDERED that all child support payments shall be remitted to the Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, TX 78265-9791. No Offset IT IS ORDERED that any expense incurred by Ismael Palominos during periods of possession of, or access to, the child, or any payment made by Ismael Palominos for the food, clothing, shelter, travel, entertainment, gifts, or other expense items of the child are considered to be in addition to, and not in lieu of the child support obligation. Obligation of the Estate All child support obligations provided in this Temporary Order shall not terminate on the obligor's death but shall continue as an obligation of obligor's estate. Any payment received by an obligee for the benefit of the child, including life insurance proceeds, annuity payments, trust or other fiduciary distributions, AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE PARENT-CHILD RELATIONSHIP PAGE 4 OF 16 including retirement survivor benefits, and payments from the Social Security Administration, Department of Veteran Affairs, or other governmental agency, shall be a credit against the obligor's estate's child support obligation. Any unpaid balance of the child support obligation remaining after due application of all credits is an obligation of obligor's estate. Medical and Dental Support Definitions As used in this Order: (a.) "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 for a child, 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. (b.) "Reasonable cost" of health insurance means the cost of health insurance coverage for a child that does not exceed 9 percent of the obligor's annual resources, as described by Section 154.062(b) of the Texas Family Code. (c.) "Dental insurance" means insurance coverage that provides preventative 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. (d.) "Reasonable cost" of dental insurance means the cost of dental insurance coverage for a child that does not exceed 1.5 percent of the obligor's annual resources, as described by Section 154.062(b) of the Texas Family Code. (e.) "Reasonable and necessary health care expenses" include office visit and prescription medicine copayments, deductibles, medical, surgical, mental health- care services, prescription drugs, vision and dental expenses for a child that does not exceed 9 percent of the obligor's annual resources, as described by Section 154.062(b) of the Texas Family Code. AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE PARENT-CHILD RELATIONSHIP PAGE 5 OF 16 Duration of Medical Support Obligation IT IS ORDERED that the duties to obtain and to pay for health care and dental coverage for the child as provided in this Temporary Order shall continue for so long as a parent has a duty to provide child support for such child. Cash Medical Support Payment Terms IT IS ORDERED that any cash medical payments ordered herein shall be paid through the state disbursement unit. Any cash medical support obligation contained in this Temporary Order shall be considered additional child support and may be enforced in the same manner as any other child support obligation, including income withholding. IT IS FURTHER ORDERED that any cash medical support ordered herein shall be included in the Income Withholding Order specified above. Cash medical support obligations contained in this Temporary Order are obligations of the obligor's estate and shall not terminate on the obligor's death. Private Health Insurance The Court finds that health insurance coverage for the child is in effect at reasonable cost through Sonia Palominos's domestic partner's employment. IT IS ORDERED that Sonia Palominos shall continue providing that insurance coverage. IT IS FURTHER ORDERED that, in the event such insurance is terminated or is no longer available for any reason, Sonia Palominos shall acquire replacement health insurance coverage within 15 days. The Court finds that the cost of such coverage is $145.00 per month. IT IS ORDERED that Ismael Palominos shall pay $145.00 per month to Sonia Palominos as cash medical support to compensate Sonia Palominos for the insurance costs for the child. Such amount is in addition to any child support obligation Ordered above and shall be paid on the same dates and in the same manner as Ismael Palominos's child support obligation is payable. AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE PARENT-CHILD RELATIONSHIP PAGE 6 OF 16 IT IS FURTHER ORDERED that, if the cost of the health insurance coverage increases, then the cash medical support obligation of Ismael Palominos shall be increased in an equal amount. The increased obligation shall be due and payable with the first payment becoming due after Ismael Palominos receives documentation from the insurance company or Sonia Palominos's employer showing the new cost. IT IS FURTHER ORDERED that, if the cost of the health insurance coverage decreases, then Sonia Palominos shall notify Ismael Palominos of the new decreased amount within 30 days. Sonia Palominos shall reimburse Ismael Palominos for any overpayment within 5 days of the receipt of that overpayment. Duty to Furnish Information As required by Section 154.185 of the Texas Family Code, IT IS ORDERED that Sonia Palominos shall furnish to Ismael Palominos the following personal information not later than the 30th day after the date the notice of rendition of this Order is received: (a.) the name and Social Security number of Sonia Palomino's domestic partner; (b.) name and address of the employer of the domestic partner; (c.) whether that employer is self-insured or has health insurance available; (d.) proof that the health insurance has been provided for the child; (e.) if Sonia Palominos's domestic partner's employer has health insurance available, the name of the health insurance carrier, the number of the policy and schedule of benefits, a health insurance membership card, claim forms, and any other information necessary to submit a claim; and (f.) if Sonia Palominos's domestic partner's employer is self-insured, a copy of the schedule of benefits, a health insurance membership card, claim forms, and any other information necessary to submit a claim. IT IS FURTHER ORDERED that Sonia Palominos shall furnish to Ismael Palominos any additional information regarding health insurance coverage not later than the 15th day after the date the information is received by Sonia Palominos. AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE PARENT-CHILD RELATIONSHIP PAGE 70F 16 IT IS FURTHER ORDERED that Ismael Palominos is designated the custodial parent and alternate recipient's representative for the purposes of Section 1169, Title 29, United States Code. Private Dental Insurance The Court finds that dental insurance coverage for the child is in effect at reasonable cost through Sonia Palominos's domestic partner's employment. IT IS ORDERED that Sonia Palominos shall continue providing that insurance coverage. IT IS FURTHER ORDERED that, in the event such insurance is terminated or is no longer available for any reason, Sonia Palominos shall acquire replacement dental insurance coverage within 15 days. Duty to Furnish Information As required by Section 154.185 of the Texas Family Code, IT IS ORDERED that Sonia Palominos shall furnish to Ismael Palominos the following personal information not later than the 30th day after the date the notice of rendition of this Temporary Order is received: (a.) the name and Social Security number of Sonia Palomino's domestic partner; (b.) name and address of the employer of the domestic partner; (c.) whether Sonia Palominos's domestic partner's employer is self-insured or has dental insurance available; (d.) proof that the dental insurance has been provided for the child; (e.) if Sonia Palominos's domestic partner's employer has dental insurance available, the name of the dental insurance carrier, the number of the policy and schedule of benefits, a dental insurance membership card, claim forms, and any other information necessary to submit a claim; and (f.) if Sonia Palominos's domestic partner's employer is self-insured, a copy of the schedule of benefits, a dental insurance membership card, claim forms, and any other information necessary to submit a claim. AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE PARENT-CHILD RELATIONSHIP PAGE 8 OF 16 IT IS FURTHER ORDERED that Sonia Palominos shall furnish to Ismael Palominos any additional information regarding dental insurance coverage not later than the 15th day after the date the information is received by Sonia Palominos. IT IS FURTHER ORDERED that Ismael Palominos is designated the custodial parent and alternate recipient's representative for the purposes of Section 1169, Title 29, United States Code. WARNING A PARENT ORDERED TO PROVIDE HEALTH INSURANCE OR DENTAL INSURANCE OR TO PAY THE OTHER PARENT ADDITIONAL CHILD SUPPORT FOR THE COST OF HEALTH INSURANCE OR DENTAL INSURANCE WHO FAILS TO DO SO IS LIABLE FOR NECESSARY MEDICAL EXPENSES OR DENTAL EXPENSES OF THE CHILD, WITHOUT REGARD TO WHETHER THE EXPENSES WOULD HAVE BEEN PAID IF HEALTH INSURANCE OR DENTAL INSURANCE HAD BEEN PROVIDED AND THE COST OF HEALTH INSURANCE PREMIUMS, DENTAL INSURANCE PREMIUMS, OR CONTRIBUTIONS, IF ANY, PAID ON BEHALF OF THE CHILD. Notice of Termination or Lapse of Insurance Coverage IT IS ORDERED that Sonia Palominos shall notify Ismael Palominos of the termination or lapse of health insurance coverage for the child not later than the 15th day after the date of a termination or lapse; and notify Ismael Palominos of the availability of replacement insurance not later than the 15th day after the date the insurance becomes available. IT IS FURTHER ORDERED that Sonia Palominos shall maintain coverage for the child under COBRA if it is available or by converting any group policy to an individual policy. IT IS FURTHER ORDERED that Sonia Palominos obtain replacement health or dental insurance for the child within 15 days after the lapse or termination of existing insurance, if such insurance is available at a reasonable cost. Otherwise, Sonia Palominos is ORDERED to enroll the child in a health or dental insurance plan that is available to Sonia Palominos at reasonable cost at the next available enrollment period. AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE PARENT-CHILD RELATIONSHIP PAGE 9 OF 16 As provided in Section 1504.051 of the Texas Insurance Code, IT IS ORDERED that if Sonia Palominos is eligible for dependent dental coverage but fails to obtain such coverage for the child, the insurer is ORDERED to enroll the child on application of the other parent or any other person or entity authorized by law to make such application. Allocation of Additional Health Care Expenses IT IS ORDERED that, if Sonia Palominos is providing health care and dental coverage as ordered herein, Sonia Palominos shall pay 50 percent and Ismael Palominos shall pay 50 percent of the reasonable and necessary health care expenses, including deductibles or copayments and vision and dental expenses of the child that are not otherwise covered by health insurance, dental insurance, or cash medical support. All such additional health care expenses shall be presumed to be reasonable and necessary. IT IS FURTHER ORDERED that, if Sonia Palominos fails to provide health care coverage as ordered herein, then Sonia Palominos shall pay for all health care expenses incurred by either party for the child. A party incurring an additional health care expense for a child shall submit to the other party, within 30 days after the date the information is received, all information related to such health care expenses, including forms, receipts, bills, statements, and explanations of benefits. A party's failure to submit the expense within the timeframe, however, shall not relieve the other party from the obligation to pay his or her percentage as allocated above. Within 120 days after receiving the above information from the incurring party, the other party shall pay his or her percentage of the health care expenses either directly to the health care provider if the incurring party has not yet paid the expense, or to the incurring party if the incurring party has paid the expense. AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE PARENT-CHILD RELATIONSHIP PAGE 10 OF 16 Secondary Health or Dental Insurance Coverage- If either conservator provides secondary health or dental insurance coverage for the child, each conservator is ORDERED to fully cooperate with the other to ensure that all insurance claims are filed promptly and in the manner necessary to maximize the coverage and benefits available from such policies and to ensure that the party who pays for any health or dental care for the child is reimbursed for such costs to the fullest extent possible. Claims-.Sections 1204.251 and 1504.055(a) of the Texas Insurance Code As provided in Section 1204.251 of the Texas Insurance Code, Sonia Palominos is designated the managing conservator or possessory conservator of the child. As provided in Sections 1204.251 and 1504.055(a) of the Texas Insurance Code, IT IS ORDERED that, if a conservator is providing health or dental insurance coverage for the child through a group policy or a health benefit plan issuer that provides health coverage to a child through a covered parent, the conservator who is not providing the health or dental insurance policy shall have the option to file claims against the policy directly with insurance policy issuer and to receive payments directly from the issuer. If the conservator who is not providing the insurance policy does not elect to file the claims directly with the policy issuer, such conservator is ORDERED to furnish to the conservator who is providing the insurance coverage all forms and supporting documents necessary to file the claim with the policy issuer within fifteen days after receiving such documents. The conservator who is providing the insurance coverage is ORDERED to submit all claims for payment or reimbursement of health or dental-care expenses within fifteen days of that conservator's receiving a claim form and any necessary supporting documents. AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE PARENT-CHILD RELATIONSHIP PAGE 11 OF 16 Constructive Trust for Insurance Payments Received- IT IS ORDERED that any insurance payments received by either conservator as reimbursement for a child's health or dental-care expenses shall belong to the conservator who paid those expenses. IT IS FURTHER ORDERED that, if the conservator receives a reimbursement check for expenses not incurred by that conservator, such conservator is designated a constructive trustee holding such payment for the benefit of the conservator who did incur the expense. The conservator, as constructive trustee, IS ORDERED to endorse and forward the payments, along with any explanation of benefits, to the other conservator within three days of receiving such payment. Maximizing Health Insurance Coverage Each party is ORDERED to comply with all health msurance and dental insurance policy requirements in order to maximize the procedures and services covered as well as the amounts reimbursed by such policies. This Order includes but is not limited to complying with any advance notice, second opinion, and preferred provider requirements contained in the insurance policy. A party who fails to comply with the requirements of the insurance policy shall be solely responsible for payment of any resulting unreimbursed costs. Medical Notification IT IS ORDERED that each party shall notify the other party of any medical condition that requires a child to be hospitalized or to receive emergency and/or surgical treatment. Waiver of Bond IT IS FURTHER ORDERED that any requirement for execution of a bond between the parties in connection with these temporary orders for the protection of the parties is expressly waived. AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE PARENT-CHILD RELATIONSHIP PAGE 120F 16 These Temporary Orders continue in full force and effect until the signing of the Final Order or until further order of this Court. Required Notices to the Parties FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS. FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE PARTY NOT RECEIVING CREDIT FOR MAKING THE PAYMENT. FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT- ORDERED CHILD SUPPORT TO THAT PARTY. EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT, DRIVER'S LICENSE NUMBER, AND WORK TELEPHONE NUMBER. THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO PROVIDE 60- DAY NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE. THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TOA CHILD. AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE PARENT-CHILD RELATIONSHIP PAGE 13 OF 16 FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS. NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF CHILD CUSTODY SPECIFIED IN THIS ORDER. A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE OFFICER'S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY CLAIM, CIVIL OR OTHERWISE, REGARDING THE OFFICER'S GOOD FAITH ACTS PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES IN ENFORCING THE TERMS OF THE ORDER THAT RELATE TO CHILD CUSTODY. ANY PERSON WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000. Pursuant to Section 105.007 of the Texas Family Code, IT IS ORDERED that whenever notice is required to be given, Ismael Palominos and Sonia Palominos shall inform each other, this Court, and the state case registry of an intended change in any of the information required as long as any person, as a result of the order, is under an obligation to pay child support or is entitled to possession of or access to a child. IT IS FURTHER ORDERED that notice of the intended change be given at the earlier of (1) the 60th day before the date the party intends to make the change; or (2) the fifth day after the date that the party knew of the change, if the party did not know or could not have known of the change in sufficient time to comply with (1) above. Pursuant to Section 105.007 of the Texas Family Code, IT IS ORDERED that a party shall comply with this Order by giving written notice to each other party of an intended change in the party's current residence address, mailing address, home telephone number, name of employer, address of employment, and work telephone number. IT IS FURTHER ORDERED that the party must give written notice by AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE PARENT-CHILD RELATIONSHIP PAGE 140F 16 registered or certified mail. Notice to this Court may also be given by delivering a copy of the notice in person to the clerk of this Court. Notice to the state case registry shall be given by delivery of a copy of the notice to State Case Registry, Contract Services Section, MC046S, P.O. Box 12017, Austin, Texas 78711-2017. CHILD SUPPORT MODIFICATION NOTICE THE COURT MAY MODIFY THIS ORDER THAT PROVIDES FOR THE SUPPORT OF A CHILD, IF: (a.) THE CIRCUMSTANCES OF THE CHILD OR A PERSON AFFECTED BY THE ORDER HAVE MATERIALLY AND SUBSTANTIALLY CHANGED; OR (b.) IT HAS BEEN THREE YEARS SINCE THE ORDER WAS RENDERED OR LAST MODIFIED AND THE MONTHLY AMOUNT OF THE CHILD SUPPORT AWARD UNDER THE ORDER DIFFERS BY EITHER 20 PERCENT OR $100 FROM THE AMOUNT THAT WOULD BE AWARDED IN ACCORDANCE WITH THE CHILD SUPPORT GUIDELINES. SIGNED on _(}_c._+o~be=---r------'---=/lo'-+-)_;)_G_l0 _ __ JUDGE PRESIDING AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE PARENT-CHILD RELATIONSHIP PAGE 15 OF 16 APPROVED AS TO FORM ONLY: Malonis & Prickett Law Law Office of Jonathan Fox, PLLC 2121 Ridgmar Blvd, Ste 623 1090 Texan Trail, Ste 625 Fort Worth, TX 76116 Grapevine, TX 76051 T: (214) 674-1774 T: (469) 322-9238 F: (817) 887-3093 F: (469) 466-6204 10 yWWA1§fN7AEMCdKLi88AlJl2X Gregory J. Prickett Jonathan W. Fox Texas Bar Number: 24091330 Texas Bar No. 24050620 greg. prickett@law-fortworth.com jfox@foxlawdfw.com Attorney for Ismael Palominos Attorney for Sonia Palominos APPROVED AND CONSENTED AS TO BOTH FORM AND SUBSTANCE: 10 HSHmYHFZJp!PMSQW4GmUdmA Sonia Palominos (Oct 15, 2020 07:34 CDT! Ismael Palominos, Petitioner Sonia Palominos, Respondent AGREED TEMPORARY ORDERS FOR MODIFICATION OF THE PARENT-CHILD RELATIONSHIP PAGE 160F 16