Corey L. Roberts v. Celia Clanton Roberts ( 2015 )

ACCEPTED
01-15-00024-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
2/23/2015 8:34:24 PM
CHRISTOPHER PRINE
CLERK
IN THE COURT OF APPEALS
FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
2/23/2015 8:34:24 PM
NO. 01—15—00024-CV
CHRISTOPHER A. PRINE
Clerk
COREY L. ROBERTS,
Appellant,
V.
CELIA CLANTON ROBERTS,
Appellee.
On Appeal from the County Court at Law
Orange County, Texas
Trial Court Cause No. C—l40,473-D
APPELLANT’S BRIEF
CORDELL & CORDELL, P.C.
1330 Post Oak Boulevard, Suite 1800
Houston, Texas 77056
~
Tel: (832) 730-2987, Fax: (832) 730-2966
By
ionBar No. 24013329
‘
I
“
Picker
,
B.
State
E-mail: apickelner@cordelllaw.corn
Lauren E. Melhart
State Bar No. 24060275
E-mail: 1melhart@cordelllaw;corn
Attorneys for Appellant
ORAL ARGUMENT REQUESTED
I])ENTITY OF PARTIES AND COUNSEL
Pursuant to the Texas Rule of Appellate Procedure 38.l(a), Appellant, Corey
L. Roberts, provides the following complete list of all parties and counsel to the
trial court’s judgment being appealed:
Appellant:
Corey L. Roberts
7705 Barton Rd.
Adrian, Michigan 49221
Trial/Appellate Counsel for Corey L. Roberts
Aaron B. Pickelner
CORDELL & CORDELL, P.C.
1300 Post Oak BlVd., Suite 1800
Houston, Texas 77056
State Bar No. 24013329
apickelner@cordel1law.com
Appellee:
Celia Clanton Roberts
7126 W. Windy Lane
Orange, Texas 77630
Trial/Appellate Counsel for Celia Clanton Roberts
Joe D. Alford, Attorney at Law
105 S. Market Street
Orange, Texas 77630
State Bar No. 01012500
jd.alford@hotmail.com
TABLE OF CONTENTS
Identity of Parties and Counsel ............................................... ..1
II. Table of Contents .......... .L ......................... ........................ ..2
III. Index of Authorities ............................................................. ..4
Statement of the Case .......................................................... ..6
Issues Presented ................................................................. ..7
VI. Statement of Facts .............................................................. ..8
VII. Summary of Argument ......................................................... ..9
VIII. Argument ........................................................................ ..9
. Issue Number One — Under the Texas Rules of Civil Procedure, does a
trial court commit reversible error by granting a default judgment when
the record clearly shows failure to strictly comply with the rules
regarding service?
1. Standard of Review ........ . ._ ........................................... ..9
2. The return of service was not on file for ten days as required under
Rule l07(h) of the Texas Rules of Civil Procedure ................ ..l1
3. The return of service contained defects which prevent a finding of
strict compliance with the Texas Rules of Civil Procedure ........ ..11
. Issue Number Two — Under Texas law, does a trial court abuse its
discretion by finding and ruling that one party shall be sole managing
conservator when no pleadings included such a request, and the other
party never received notice that sole conservatorship was
al6issue? ........................................................................ ..13
IX. Prayer ............................................................................ ..l4
Verification ..................................................................... .. 16
XI. Certificate of Service .................. ..................................... .. 17
XII. Certificate of Compliance .................................................... ..17
XIII. Appendix ................................................................. . .... ..A-1
INDEX OF AUTHORITIES
Cases Page
Barker CATV Constr., Inc. v. Ampro, Inc.,
989 S.W.2d 789 (Tex. App.—-Houston [1stDist.] 1999, no pet.) ....... ..10
Cain v. Cain,
No. 14-07-00114-CV, 2007 Tex. App. LEXIS 9276,
2007 WL 4200638 at *4 (Tex.App.—Houston 14th, 2007, no pet.) ...... ..13
Capitol Brick, Inc. Fleming Mfg. Co.,
v.
722 S.W.2d 399 (Tex. 1986) .................................................... ..13
Halla V. Halla,
No. 14-06-01126-CV, 2007 Tex. App. LEXIS 6656,
2007 WL 2367600 at *2 (Tex. App.—Houston 14*, 2007, no pet.) ...... ..13
Ilzflv. 11299:
339 S.W.3d 74, 82 (Tex. 2011) .................................................. ..14
I
Ins. Co. of State of Pa. v. Lejeune,
297 S.W.3d 254, 256 (Tex.2009). ............................................ ..11
Laidlaw Waste Sys., Inc. v. Wallace,
944 S.W.2d 72 (Tex.App.—Waco 1997, writ denied) ..................... ..10
Marrot Commc’ns, Inc. v. Town & Country P'ship,
227 S.W.3d 372 (Tex.App.——Houston [1st Dist.] 2007, pet. denied) .... ..9
Illidstate Envtl. Servs., LP v. Peterson,
435 S.W.3d 287 (Tex. App.—Waco, 2014) ....... ... ...................... ..11
Nueces County Housing Assistance, Inc. v. M M
& Resources Corp.,
806 S.W.2d 948 (Tex.App.--Corpus Christi 1991, writ denied) .......... ..9
Patterson v. Brist,
236 S.W.3d 238, 240 (Tex. App., 2006) ..................................... ..14
Peck v. Peck,
172 S.W.3d 26, 25 (Tex. App.—Dallas, 2005, pet. denied) ................ ..13
Primate Corzstr., Inc. v. Silver,
884 S.W.2d 151 (Tex. 1994)(per curiam) ................................... ..10
Turner v. Turner,
47 S.W.3d 761, 763 (Tex.App.—Houst0n [1st Dist.] 2001, no pet.) ..... ..14
Worford v. Stamper,
801 S.W.2d 108 (Tex. 1990) ..................................................... ..14
Statutes and Rules
TEX. R. CIV. P. 107 ................................................................. ..11, A-28
TEX. R. CIV. P. 239 ................................................. ................ ..13, A-30
TEX. R. CIV. P. 301 ................................................................... ..13, A-31
Statement of the Case
This appeal arises fiom divorce litigation initiated by Celia Clanton Roberts
(“Appellee”) on May 16, 2014. (Record at 5.) Appellant, Corey L. Roberts,
(“Appellant”) was Respondent below. (R. at 5.)
On July 22, 2014, Appellee filed a Motion for Alternative Service which was
granted on that same date (R. at 10, 14.) The return of service, filed on August 19,
2014, states that Linda Roberts was served on July 31, 2014. (R. at 15.)
On August 26, 2014, Appellee obtained a default judgment against
Appellant. (R. at 17.).
On September 24, 2014, a Motion to Set Aside Default Judgment and Motion
for New Trial was timely filed by Appellant. (R. at 44.) The trial court heard
Appellant’s requests on October 29, 2014, and thereafter denied the relief
requested. (R. at 53.)
On November 21, 2014, Appellant filed notice of this appeal pursuant to
Section 25.1 of the Texas Rules of Appellate Procedure. (R. at 56.)
Issues Presented
Under the Texas Rules of Civil Procedure, does a trial court commit
reversible error by granting a default judgment when the record clearly
shows failure to strictly comply with the rules regarding service?
Under Texas law, does a trial court abuse its discretion by finding and ruling
that one party shall be sole managing conservator when no pleadings
included such a request, and the other party never received notice that sole
conservatorship was at issue?
Statement of Facts
This appeal arises from divorce litigation initiated by Celia Clanton Roberts
(“Appellee”) on May 16, 2014. (R. at 5) Among other things, in her petition,
Appellee pled for the parties to be named joint managing conservators of their two
children. (R. at 6.) Appellant, Corey L. Roberts, (“Appellant”) was Respondent
below and was a resident of Michigan at all relevant times. R. at 5.)
On July 22, 2014, Appellee filed a Motion for Alternative Service. (R. at 10)
Her motion was granted on that same date and permission was given for Appellant
to be served by leaving a copy of the citation, pleadings, and orders with a person
over the age of 16 at his residence or by attaching the documents to the main entry
door of his residence. (R. at 14) According to the return of service, filed on
August 19, 2014, Linda Roberts was served on July 31, 2014. (R. at 15.)
On August 26, 2014, approximately one week after the proof service was
filed, Appellee obtained a default judgment against Appellant. (R. at 17.) In
addition to granting the divorce, the court’s ruling included orders naming
Appellee sole managing conservator of the parties’ two children. (R. at 19.)
On September 24, 2014, a Motion to Set Aside Default Judgment and Motion
for New Trial was timely filed by Appellant. (R. at 44.) The trial court heard
Appel1ant’s requests on October 29, 2014. OK. at 53.) At this hearing, Appellant
testified that he never received actual notice of the suit. No contradicting
testimony was offered by Appellee O{eporter’s Record, vol. 3, p. 7:8-15, 8:4-8).
The court denied Appellant’s relief requested on the same date. (R. at 53.)
On November 21, 2014, Appellant filed notice of this appeal. (R. at 56.)
Summary of the Argument
The trial court abused its discretion by granting a default judgment against
Appellant when the return of service had not been on file the requisite ten day
period.
The trial court abused its discretion by denying Appellant’s request to set
aside the default judgment when the return of service is defective and does not
A
show strict compliance with the law.
The trial court abused is discretion by naming Appellee the sole managing
conservator of the parties’ children when the pleadings did not request sole
managing conservatorship and thus the issue was not before the court.
Argument
A. Issue Number One.
Under the Texas Rules of Civil Procedure, does a trial court commit
reversible error by granting a default judgment when the record clearly
shows failure to strictly comply with the rules regarding service?
1. Standard of Review
When a no-answer default judgment is challenged, the record must show
strict compliance with the manner and mode of service; otherwise, the service is
-9--
invalid and the default judgment is void. Primate Constr., Inc. v. Silver, 884
S.W.2d 151, 152 (Tex. l994)(per curiam). It is the responsibility of the one
requesting service to see that service is properly accomplished. Laidlaw Waste
Sys., Inc. v. Wallace, 944 S.W.2d 72, 75 (Tex.App.—Waco 1997, writ denied).
This responsibility extends to assuring that service is properly reflected in the
record. Id. “In contrast to thelusual rule that all presumptions will be made in
support of a judgment, there are no presumptions of Valid issuance, service, and
return of citation when examining a default judgment.” Barker CATV Constr., Inc.
v. Ampro, Inc., 989 S.W.2d 789, 792 (Tex. App.--Houston [lst Dist.] 1999, no
pet.); see also Primate Constr., Inc., 884 S.W.2d at 152. If the record before the
trial court does not affirmatively show, at the time that default judgment is
rendered, that the defendant has appeared, was properly served, or waived service
in writing, the trial court lacks personal jurisdiction over the defendant. Marrot
C0mmc’ns, Inc. V. Town & Country P’ship, 227 S.W.3d 372, 376 (Tex.App.—
Houston [lst Dist.] 2007, pet. denied). Virtually any deviation from the requisites
of statutes and Rules of Civil Procedure for service of process will destroy a
default judgment. Nueces County Housing Assistance, Inc. V.
‘M
& M Resources
Corp., 806 S.W.2d 948, 949 (Tex.App.--Corpus Christi 1991, writ denied).
Rendition of a default judgment when there is a failure to strictly comply with the
procedural rules regarding service constitutes reversible error and the judgment
-10-
must be overturned. See Ins. Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 256
(Tex.2009).
2. The return of service was not on file for ten days as required under
Rule l07(h) of the Texas Rules of Civil Procedure.
A default judgment may only be obtained if the return of service has been on
file with the court’s clerk for ten days. TEX. R. CIV. P. 107. Rule l07(h) of the
Texas Rules of Civil Procedure, specifically states “no default judgment shall be
granted in any cause until proof of service...sha1l have been on file with the clerk
of the court ten days.” Any default judgment granted when the return has not been
on file for the required amount of time is void. See Azfidstate Envtl. Servs., LP v.
Peterson, 435 S.W.3d 287, 291 (Tex. App.—Waco, 2014).
In the case at bar, Appellee obtained a default judgment on August 26,
2014. (R. at 17.) The return of service upon which she relied to show compliance
with the Texas Rules of Civil Procedure was only filed 6 days prior, on August 19,
2014. (R. at 15.) Accordingly, it is clear from the record that Appellant failed to
strictly comply with the Rules of Civil Procedure, and the lower court committed
reversible error by granting the default judgment. The lower court never obtained
personal jurisdiction over Appellant and thus the order is void.
3. The return of service contained defects which prevent a finding of
strict compliance with the Texas Rules of Civil Procedure.
Rule 107 of the Texas Rules of Civil Procedure dictates the requirements
-11-
that must be complied with in order to properly effectuate and document service on
a respondent. This rule specifically lays out the contents of the return of service
(i.e. the person served, a description of what was served), the information that must
be provided by a process server (i.e. his address), and imposes the procedure to be
followed whether serving by personal service or an alternative method. Id.
In this case, there are several defects in the return and associated affidavit
which prevent a finding of strict compliance with the Rules of Civil Procedure.
First, the documents contain conflicting statements as to who was served. (R. 15-
16.) The first page of the return of service that the individual served was “Linda
Roberts” and the respondent was not served. (R. 15.) The second page, containing
the process server’s affidavit, then goes on to state that the respondent was served.
(R. 16.) The affidavit provides a line for disclosure of the name of any person on
whom the documents were served as a permitted proxy of the respondent. (R. 16.)
This line is completely blank. (R. 16.)
Second, the documents never state what precisely was served on the
respondent. The return states that the citation and petition were served by
“delivering” them to Linda Roberts without stating that she was a person over the
age of 16 at the respondent’s resident or by attaching them to the main entry door
of his home (the only two permitted methods for substitute service in this case).
(R. 15.) The affidavit merely states that the process server left copies of
-12-
undescribed documents at the dwelling with someone over the age of 60. (R. 16.)
Finally, no where in the return or related affidavit is the address for the
process server provided. (R. 15-16.)
It was Appellee’s responsibility and burden to supply the court with proof
that service was properly accomplished. There are multiple deviations from the
requisites of the procedural rules for service of process contained in her proof and
thus the default judgment cannot stand.
B. Issue Number Two.
Under Texas law, does a trial court abuse its by finding and ruling
discretion
that one party shall be sole managing conservator when no pleadings included
such a request, and the other party never received notice that sole
conservatorship was at issue?
A trial court may only render a default judgment on the pleadings against a
respondent that has neither appeared nor answered. TEX. R. CIV. P. 239. A default
judgment, though, must be based on the pleadings of the non-defaulting party.
TEX. R. CIV. P. 301; see also Capitol Brick, Inc. v. Fleming Mfg. Co., 722 S.W.2d
399, 401 (Tex. 1986). While technical pleading rules are of reduced significance
where the best interests of the child are the paramount concern, e. g. Cain v. Cain,
No. 14-07-00114-CV, 2007 Tex. App. LEXIS 9276, 2007 WL 4200638 at *4
(Tex.App.—Houston 14”‘, 2007, no pet.), Halla v. Halla, No. 14-06-01126-CV,
2007 Tex. App. LEXIS 6656, 2007 WL 2367600 at *2 (Tex. App.—Houston 14”‘,
2007, no pet.), Peck v. Peck, 172 S.W.3d 26, 25 (Tex. App.—Dallas, 2005, pet.
-13-
denied), the pleadings still must place the other side on notice of the claim
involved. Halla, at *2.
A trial court’s rulings on conservatorship and possession are reviewed for
abuse of discretion. Turner v. Turner, 47 S.W.3d 761, 763 (Tex.App.—Houston
[1stDist.] 2001, no pet.). A court abuses its discretion if it fails to follow the law.
See Worford v. Stamper, 801 S.W.2d 108, 109 (Tex. 1990); see also Ilzflv. Ilzfif
339 S.W.3d 74, 82 (Tex. 2011). Only if it is determined from reviewing the record
as a whole, that the trial court abused its discretion will the lower court’s ruling be
reversed. Patterson v. Brist, 236 S.W.3d 238, 240 (Tex. App., 2006)..
In her original petition for divorce, Appellee requested that the parties be
named joint managing conservators of the parties’ two children. (R. 6.) There is
nothing in her petition requesting sole managing conservatorship of the children or
that could serve as notice to Appellant that such a claim was at issue. (R. at 5-8.)
The default judgment rendered by the lower court, though, named Appellee sole
managing conservator. (R. at 19.) This appointment did not conform to the
pleadings of Appellee and cannot stand.
Prayer
Appellant respectfully requests, based on the argument and authorities
contained herein, that the Court reverse the applicable rulings of the Orange
County, Texas County Court at Law and hold as follows -
-14-
0 The default judgment is invalid and thus the trial court abused its
discretion by denying Appellant’s request to set aside the order; and
0 The trial court abused its discretion by naming Appellee sole
7
managing conservator.
Appellant further requests that the Court remand this case to the lower court for a
properly noticed trial on the merits.
Respectfully Submitted,
CORDELL & CORDELL, P.C.
1330 Post Oak Boulevard, Suite 1800
Houston, Texas 77056
Tel: (832) 730-2987, Fax: (832) 730-2966
By: /s/ Aaron B. Pickelner
Aaron B. Pickelner
State Bar No. 24013329 p
E-mail: apicke1ner@cordelllaw.com
Lauren E. Melhart
State Bar No.,24060275
E-mail: l.tnelhart@cordelllaw.com
Attorneys for Appellant
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, the undersigned authority appeared, Aaron B. Pickelner, known
to me to be the person whose name is subscribed below, who stated, under oath,
that he is above the age of twenty-one years, he is the attorney for Appellant,
Corey L. Roberts, in his capacity as such, has personally reviewed ‘all. exhibits
contained in the appendix to this Appellant’s Briefl he has personal knowledge that
all such exhibits are true, correct and complete as contained in the files of Orange
County District Clerk or LexisNexis, as applicable, except as redacted in
compliance with the applicable Texas Rules of Appellate Procedure.
/
Aaron B. Pickeiner
SWORN TO AND SUBSCRIBED BEFORE ME this Q 3rd)‘ day of
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June 18.
Certificate of Service
I certify that a true copy of the foregoing with attached appendix was served
in accordance with Rule 9.5 of the Texas Rules of Appellate Procedure on each
party or that party's lead counsel Via e-service on February 23, 2015:
Counsel for Appellee:
Mr. Joe D. Alford
105 S. Market Street
Orange, Texas 77630
Aaron B. Pickelner
/s/
Aaron B. Pickelner
Lauren E. Melhart
Attorneys for Appellant
Certificate of Compliance
Pursuant to TEX. R. APP. P. 9.4(i)(3), I certify that this document contains
1,791 words and is thus within the limits imposed by TEX. R. APP. P. 9.4(i)(2)(B).
Aaron B. Pickelner
/s/
Aaron B. Pickelner
Lauren E. Melhart
Attorneys for Appellant
-17-
APPENDEX
Final Decree of Divorce.
Texas Rule of Civil Procedure 107.
Texas Rule of Civil Procedure 239
Texas Rule of Civil Procedure 301.
08/28/14 10:03:36 orange County District Clerk scanned by: Elaine Cook
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
NO. C-l4l_),473-D
IN THE MATTER or IN THE COUNTY CQURT AT gxw
THE MARRIAGE OF
§
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CELIA CLANTON ROBERTS
§
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AND § §; st, g asiiiw
COREY L. ROBERTS, j; m§Q\
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AND rN THE INTEREST or §
*7
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COREY SEBASTIAN ROBERTS AND § ORANGE COUNTY, TEXAS
LILY MARIE ROBERTS, CHILDREN §
FIZNAL DECREE or DIVORCE
On August 26, 2014 the Court heard this case.
Appearances
Petitioner, CELIA CLANTON ROBERTS, appeared in person and through attomey of
record, JOE D. ALFORD, and announced ready lbr trial.
Respondent, COREY L. ROBERTS, although duly and properly cited, did not appear
and wholly made default.
Record
The record of testimony was duly reported by the court reporter for the County Court at
Law.
Jurisdiction and Domicile
The Court finds that the pleadings of Petitioner are in due form and contain all the
allegations, information, and prerequisites required by law, The Court, after receiving evidence,
finds that it has jurisdiction of this case and of all the parties and that at least sixty days have
elapsed since the date the suit was filed.
Page 1 of 27
.p,.'\
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The Court fimher finds that, at the time this suit was filed, Petitioner had been a
domiciliary of Texas for the preceding six—month period and a resident of the county in which
this suit was filed for the preceding ninety-day period. All persons entitled to citation were
properly cited.
Jury
A jury was waived, and questions of fact and of law were submitted to the Court.
\
Divorce
IT IS ORDERED AND DECREED that CELIA CLANT ON ROBERTS, Petitioner, and
COREY L. ROBERTS, Respondent, are divorced and that the marriage between them is
dissolved on the ground of insupportability.
Children ofthe Marriage
The Court finds that Petitioner and Respondent are the parents of the following children:
Name: COREY SEBASTIAN ROBERTS
Sex: Male
Birth date: June 24, 2005
Home state: Texas
Social Security number: ‘"9’-5012
Name: LILY MARIE ROBERTS
Sex: Female
Birth date: March 3, 201 1
Home state: Texas
Social Security number: ***-*’-4949
The Court finds no other children of the marriage are expected.
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Parenting Plan
The Court finds that the provisions in this decree relating to the rights and duties of the
parties with relation to the children, possession of and access to the children, child support, and
optimizing the development of a close and continuing relationship between each party and the
children constitute the parenting plan established by the Court.
Conservatorsltip
The Court, having considered the circumstances of the parents and of the children, ‘finds
that the following orders are in the best interest of the children.
IT IS ORDERED that CELIA CLANTON ROBERTS is appointed Sole Managing
Conservator and COREY L. ROBERTS is appointed Possessory Conservator of the
following children: COREY SEBASTIAN ROBERTS and LILY MARJJE ROBERTS
IT 15 ORDERED that, at all times, CELIA CLANTON ROBERTS, as a parent sole
managing conservator, shall have the following rights:
1. the tight to receive information from any other conservator of the children
V
concerning the health, education, and welfare of the children;
D
2. the right to confer with the/other parent to the extent possible before making a
decision concerning the health, education, and welfare of the children;
3. the right of access to medical, dental, psychological, and educational records of
the children; ,
4. the right to consult with a physician, dentist, or psychologist of the children;
5. the right to consult with school officials concerning the children's welfare and
educational status, including school activities;
6. the right to attend school amivities;
7. the right to be designated on the children's records as a person to be notified in
case of an emergency;
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8. the right to consent to medical, dental, and surgical treatment during an
.
emergency involving an immediate danger to the health and safety of the children; and
9. the tight to manage the estates
r
of the children to the extent the estates have been
created by the parent or the parent's family.
lT IS ORDERED that, at all times, COREY L. ROBERTS, as a parent possessory
conservator, shall have the following rights:
I. the right to receive infonnation from any other conservator of the children
concerning the health, education, and welfare of the children;
2. the right to confer with the other parent to the extent possible before making a
decision oonceming the health, education, and welfare of the children;
3, the right of access to medical, dental, psychological, and educational records of
the children;
4. the right to consult with a physician, dentist, or psychologist of the children;
5. the right to consult with school officials concerning the children's welfare and
educational status, including school activities;
6, the light to attend school activities;
7. the right to consent to medical, dental, and surgical treatment during an
emergency involving an immediate danger to the health and safety of the children; and
8. the right to manage the estates of the children to the extent the estates have been
created by the parent or the parent's family.
IT IS ORDERED that, at all times; CELIA CLANTON ROBERTS, as a parent sole
managing conservator shall have the following duties:
1, the duty to inform the other conservator of the children in a timely manner of
significant information concerning the health, education, and welfare of the children; and
2. the duty to inform the other conservator of the children 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 Code of Criminal Procedure or is currently
charged with an ofiense for which on conviction the person would be required to register under
that chapter. IT IS ORDEREDthat this information shall be tendered in the form of a notice
made as soon as practicable, but not later than the fortieth day afier the date the conservator of
the children begins to reside with the person or on the tenth day after the date the marriage
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occurs, as appropriate. ['1' ISORDERED 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 CONSERVATOR FAILS TO
PROVIDE THIS NOTICE. '
IT IS ORDERED that, at all times, COREY L. ROBERTS, as a parent possessory
conservator, shall have the following duties:
1. the duty to inform the other conservator of the children in a timely manner of
significant information concerning the health, education, and welfare of the children; and
2. the duty to inform the other conservator of the children 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 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 this infomtation shall be tendered in the fonn of a notice
made as soon as practicable, but not later than the fortieth day after the date the conservator of
the children begins to reside with the person or on the tenth day afier the date the marriage
occurs, as appropriate. IT IS ORDERED that the notice must include a description of the ofi“ense
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 II THE CONSERVATOR FAILS TO
PROVIDE THIS NOTICE.
IT IS ORDERED that, during her periods of possession, CELIA CLANTON
ROBERTS, as a parent sole managing conservator, shall have the following rights and duties:
1. the duty of care, control, protection, and reasonable discipline of the children;
'7
the duty to support the children, including providing the children with clothing,
food, shelter, and medical and dental care not involving an invasive procedure;
3, the right to consent for the children to medical and dental care not involving an
invasive procedure; and
4. the right to direct the moral and religious training of the children.
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IT IS ORDERED that, during his periods of possession, COREY L. ROBERTS, as a
parent possessory conservator, shall have the following rights and duties:
1. theiduty of care, control, protection, and reasonable discipline of the children;
2. the duty to support the children, including providing the children with clothing,
food, shelter, and medical and dental care not involving an invasive procedure; '
3. the right to consent for the children to medical and dental care not involving an
invasive procedure; and
4. the right to direct the moral and religious training of the children.
IT IS ORDERED that CELIA CLANTON ROBERTS, as parent sole managing
conservator, shall have the following exclusive rights and duty:
1. the right to designate the primary residence of the children;
2. the right to consent to medical, dental, and surgical treatment involving invasive
procedures;
3. the right to consent to psychiatric and psychological treatment of the children;
4. the right to receive and give receipt for periodic payments for the support of the
children and to hold or disburse these funds for the benefit of the children;
5. the right to represent the children in legal action and to make other decisions of
substantial legal significance conceming the children;
6. the right to consent to marriage and to enlistment in the armed forces of the
United States;
7, the right to make decisions concerning the children's education;
8. except as provided by section 264.011] of the Texas Family Code, the right-to the
services and earnings of the children;
9, except when a guardian of the children's estates or a guardian or attorney ad [item
has been appointed for the children, the right to am as an agent of the children in relation to the
children's estates if the children's action is required by a state, the United States, or a foreign
government; and
lo. the duty to manage the estatm of the children to the extent the estates have been
created by community property or the joint property of the parents.
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Passport Provisions
IT IS ORDERED that CE-LIA CLANTON ROBERTS has the sole and exclusive right
to apply for a passport for the children, COREY SEBASTIAN ROBERTS and LILY MARIE
ROBERTS.
IT IS FURTHER ORDERED that COREY L. ROBERTS is prohibited fi'om applying
for a passport for the children, COREY SEBASTIAN ROBERTS and LILY MARIE ROBERTS.
IT IS ORDERED that CELIA CLANTON ROBERTS shall have the right to maintain
possession of any passports of the children, COREY SEBASTIAN ROBERTS and LILY
MARIE ROBERTS.
Possession and Access
1. Possession Order
IT IS ORDERED that each conservator shall comply with all terms and
conditions of this Possession Order. IT IS ORDERED that this Possession Order is
effective immediately and applia to all periods of possession occuning on and after the
date the Court signs this Possession Order. IT IS, THEREFORE, ORDERED:
(a) Definitions
I. In this Possession Order "school" means the primary or secondary
school in which the child is enrolled or, if the child is not enrolled in a primary or
secondary school, the public school district in which the child primarily resides.
2. Possession Order "child" includes each child, whether one
In this
or more, who a subject of this suit while that child is under the age of eighteen
is
years and not otherwise emancipated,
(b) Mutual Agreement or Specified Terms for Possession
IT IS ORDERED that COREY
L. ROBERTS shall have possession of the
child at times mutually agreed to in advance by COREY L. ROBERTS and
CELIA CLANTON ROBERTS.
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IT IS FURTHER ORDERED that each period of possession that is
mutually agreed to by COREY L. ROBERTS and CELIA CLANTON ROBERTS
must be in writing, state the date which the mutual agreement was made, state the
beginning date and time of COREY L. ROBERTS’ period of possession, state the
ending date and time of COREY L. ROBERTS’ period of possession, and be
signed by both parties.
(c) Undesignated Periods of Possession
CELIA CLANTON ROBERTS shall have the right of possession of the
child at all other times not specifically designated in this Possession Order for
COREY L. ROBERTS.
(d) General Terms and Conditions
Except as otherwise expressly provided in this Possession Order, the terms
and conditions of possession of the child that apply regardless of the distance
between the residence of a parent and the child are as follows:
I. Surrender-of Child by CELIA CLANTON ROBERTS - CELIA
CLANTON ROBERTS is ORDERED to surrender the child to COREY L.
ROBERTS at the beginning of each period of COREY L. ROBERTS’s possession
at the residence of CELIA CLANTON ROBERTS.
2. Return of Child by COREY L. ROBERTS - COREY L.
ROBERTS is ORDERED to return the child to the residence of CELIA
CLANT ON ROBERTS at the end of each period of possession.
3. Surrender of Child by COREY L, ROBERTS — COREY L.
ROBERTS ORDERED to surrender the child to CELIA CLANTON
is
ROBERTS, if the child is in COREY L. ROBERTS‘s possession or subject to
COREY L. ROBERTS's control, at the beginning of each period of CELIA
ON
CLANT ROBERTS's exclusive periods of possession, at the place designated
in this Possession Order.
4. Return of Child by CELIA CLANTON ROBERTS - CELTA
CLANTON ROBERTS is ORDERED to retum the child to COREY L.
ROBERTS, if COREY L. ROBERTS is entitled to possession of the child, at the
end of each of CELIA CLANTON ROBERTS‘s exclusiveperiods of possession,
at the place designated in this Possession Order.
5. Personal Effects - Each conservator is ORDEREDto return with
the child the personal efiects that the child brought at the beginning of the period
ofpossession.
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6. Designation of Competent Adult — IT IS ORDERED that CELIA
CLANT ON ROBERTS may designate any competent adult to pick up and return
the child, as applicable. IT IS FURTHER ORDERED that COREY L.
ROBERTS is prohibited fi'om designated a competent adult to pick up and return
the child, as applicable. IT IS FURTHER ORDERED that a conservator or a
designated competent adult be prment when the child is picked up or returned.
7. Inability to Exercise Possession — Each conservator is ORDERED
to give notice to the person in possession of the child on each occasion that the
conservator will be unable to exercise that conservatofs right of possession for
any specified period.
8. Written Notice — Written notice, including notice provided by
electronic mail or facsimile, shall be deemed to have been timely made if received
or, if applicable, postmarked 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 or facsimile number within twenty—four
hours afier the change.
This concludes the Possession Order.
2. 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 othenvise emancipated.
3. Nonimer;/‘erence with Possession
Except as expressly provided herein, IT IS ORDERED that neither conservator
shall take possession of the children during the other conservators period of possession
unless there is a prior written agreement signed by both conservators or in case of an
emergency.
4. Supervised Visitation
IT IS ORDERED that any and all periods of possession or access to the children
exercised by COREY L. ROBERTS shall be under the direct and continuous supervision
of a competent adult designated by CELIA CLANTON ROBERTS.
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5. Termination of Orders
The provisions of this decree relating to conservatorship, possession, or access
terminate on the remarriage of CELIA CLANTON ROBERTS to COREY L. ROBERTS
unless a nonparent or agency has been appointed conservator of the childrenunder
chapter 153 of the Texas Family Code.
Child Support
IT IS ORDERED that COREY L. ROBERTS is obligated to pay and shall pay to CELIA
CLANT ON ROBERTS child support of four hundred eighty-nine dollars and fifty-five cents
($489.55) per month, with the first payment being due and payable on September 1, 2014 and a
like payment being due and payable on the 1‘ day of each month thereafler until the first month
following the date of the earliest occurrence of one of the events specified below:
L any child reaches the age of eighteen years or graduates fi'om high school,
whichever occurs later, subject to the provisions for support beyond the age of eighteen years set
out below;
2. any child marries;
3‘ any child dies;
4. the child 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
5. any child's disabilities are otherwise removed for general purposes.
Thereafier, COREY L. ROBERTS is ORDERED to pay to CELIA CLANTON
ROBERTS child support of three hundred ninety-one dollars and sixty-four cents ($391.64)
per month, due and payable on the 1“ day of the first month immediately following the date of
the earliest occurrence of one of the events specified above for the other child and a like sum of
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three hundred ninety-one dollars and sixty-four cents ($391.64) due and payable on the 1“
day of each month thereal"ter until the next occurrence of one of the events specified above for
the other child‘
If the child is eighteen years of age and has not graduated from high school, IT IS
ORDERED that COREY L. ROBERTS's obligation to pay child support to CELIA CLANT ON
ROBERTS shall not temtinate but shall continue foras long as the child is enrolled-
]. 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
2. on a fi.rll-time basis in a private secondary school in a program leading toward a
high school diploma and is complying with the minimum attendance requirements imposed by
that school.
Withholding from Earnings
IT IS ORDERED that any employer of COREY L. ROBERTS shall be ordered to
withhold from earnings for child support from the disposable earnings of COREY L. ROBERTS g
for the support of COREY SEBASTIAN ROBERTS and LILY MARIE ROBERTS.
IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of
COREY L. ROBERTS 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 firll amount of child
support ordered paid by this decree 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 I00 percent of the amount ordered to be paid by
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this decree, the balance due remains an obligation of COREY L. ROBERTS, and it is hereby
ORDERED that COREY L. ROBERTS pay the balance due directly to the state disbursement
unit specified below.
On this date the Court signed an income Withholding for Support.
Emit
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 CELIA CLANT ON ROBERTS for the support of the children.
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.
Changerof Employment
IT IS FURTHER ORDERED that COREY L. ROBERTS shall notify this Court and
CELIA CLANTON ROBERTS by US. certified mail, return receipt requested, of any change of
address and of any termination of employmem. 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 OOREY L. ROBERTS and the name and address
of his current employer, whenever that infomtation becomes available.
Q]erk's Duties
IT IS ORDERED that, on the request of a prosecuting attorney, the title IV-D agency, the
friend of the Court, a domestic relations offioe, CELIA CLANTON ROBERTS, COREY L.
ROBERTS, or an attorney representing CELIA CLANTON ROBERTS or COREY L.
ROBERTS, the clerk of this Court shall cause a certified copy of the Income Withholding for
Support to be delivered to any employer.
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Health Care
1. IT IS ORDERED that CELIA CLANTON ROBERTS and COREY L. ROBERTS
shall each provide medical support for each child as set out in this order as additional child
support for as long as the Court may order CELIA CLANTON ROBERTS and COREY L.
ROBERTS to provide support for the child under sections l54.001 and 154.002 of the Texas
Family Code. Beginning on the day CELIA CLANTON ROBERTS and COREY L.
ROBERTS's actual or potential obligation to support a child under sections 154.00] and 154.002
of the Family Code tenninates, IT IS ORDERED that CELIA CLANT ON ROBERTS and
COREY L. ROBERTS are discharged fi'om the obligations set forth in this medical support order
with respect to that child, except for any failure by a parent to fully comply with those
obligations before that date. IT IS FURTHER ORDERED that the cash medical support
payments ordered below are payable through the state disbursement unit and subject to the
provisions for withholding fiom earnings provided above for other child support payments.
2. Definitions —
“Health Insurance" means insurance coverage that provides basic health-care services,
including usual physician services, office visits, hospitalization, and laboratory, X-ray, and
emergency services, that may be provided through a health maintenance organization or other
private or public organization, other than medical assistance under chapter 32 of the Texas
I
Human Resources Code.
"Reasonable cost" means the total cost of health insurance coverage for all children for
which COREY L. ROBERTS is responsible under a medical support order that does not exceed
9 percent of COREY L. ROBERTS ‘s annual resources, as described by section l54.062(b) of
the Texas Family Code.
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"Reasonable and necessary health-care expenses not paid by insurance and incun'ed by or
on behalf of a child" include, without limitation, any copayments for ofiice visits or prescription
drugs, the yearly deductible, if any, and medical, surgical, prescription drug, mental health-care
services, dental, eye care, ophthalmological, and orthodontic charges. These reasonable and
necessary health-care expenses do not include expenses for travel to and from the health-care
provider or for nonprescription medication.
"Furnish“ means -
a. to hand deliver the document by a person eighteen years of age or older
either to the recipient or to a person who is eighteen years of age orolder
and permanently resides with the recipient;
b. to deliver the document to the recipient by certified mail, return receipt
requested, to the recipient's last known mailing or residence address; or
c. to deliver the document to the recipient at the recipient's last known
mailing or residence address using any person or entity whose principal
business is that of a courier or deliverer of papers or documents either
within or outside the United States.
3. Findings on Health Insurance Availabi|ity- Having considered the cost,
accessibility, and quality of health insurance coverage available to the parties, the Court finds:
No parent has access to private health insurance at a reasonable cost.
IT IS FURTHER FOUND that the following orders regarding health-care coverage are in
the best interest of the children.
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4‘ Provision of Health-Care Coverage -
COREY L. ROBERTS is ORDERED to apply, within 30 days after entry of this order,
for coverage under a governmental medical assistance program or health plan for each child who
is the subject of this suit.
When such health coverage is obtained, COREY L ROBERTS is ORDERED to
maintain the coverage in full force and elfect on each child who is the subject of this suit as long
as child support is payable for that child, by paying all applicable fees required for the coverage,
including but not limited to enrollment fees and premiums. COREY L. ROBERTS is
ORDERED to fumish CELIA CLANTON ROBERTS a true and correct copy of the health
insurance policy or certification and a schedule of benefits within 15 days following the signing
of this order. COREY L. ROBERTS is FURTHER ORDERED to furnish CELIA CLANTON
ROBERTS copies of the insurance cards and any other forms necessary for use of the insurance
within 15 days following the signing of this order. COREY L, ROBERTS is ORDERED to
provide, within three days of receipt by COREY L. ROBERTS, to CELIA CLANTON
ROBERTS any insurance checks, other payments, or explanations of benefits relating to any
medical expenses for the children that CELIA CLANTON ROBERTS paid or incurred.
Pursuant to section 1S4,l83(c) of the Texas Family Code, the reasonable and necessary
health-care expenses of the children that are not reimbursed by health insurance or are not
otherwise covered by the amount of cash medical support under section 154.182(b) are allocated
as follows: CELIA CLANTON ROBERTS is ORDERED to pay 50 percent and COREY L.’
ROBERTS is ORDERED to pay 50 percent of the total unreimbursed health-care expenses that
exceed the amount covered by health insurance.
The party who incurs a health-care expense on behalf of the children is ORDERED to
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fixmish to the other party all forms, receipts, bills, statements, and explanations of benefits
reflecting the uninsured portion of the health-care expenses within thirty days afier he or she
receives them. The nonincurring pany is ORDERED to pay his or her share or percentage of the
uninsured portion of the health-care expenses either by paying the healthvcare provider directly
or by reimbursing the incurring party for any advance payment exceeding the incurring pany's
share or percentage of the uninsured portion of the health-care expenses within thirty days afier
the nonincurring party receives the forms, receipts, bills, statements, and explanations of
benefits.
These provisions apply to all unreimbursed health—care expenses of any child who is the
subject of this order for the provision of health—caie coverage that are incurred while cash
medical support is payable for that child.
5. WARNING A PARENT ORDERED TO PROVIDE HEALTH INSURANCE
-
OR TO PAY THE OTHER PARENT ADDITIONAL CHILD SUPPORT FOR THE COST OF
HEALTH INSURANCE WHO FAILS TO DO S0 IS LIABLE FOR NECESSARY MEDICAL
EXPENSES OF THE CHILDREN, WITHOUT REGARD TO WHETHER Tl-IE E)fl’ENSES
WOULD HAVE BEEN PAID IF HEALTH INSURANCE HAD BEEN PROVIDED, AND FOR
THE COST OF HEALTH INSURANCE PREMIUMS OR CONTRIBUTIONS, IF ANY, PAID
ON BEHALF OF THE CHILDREN.
Miscellaneous Child Support Provisions
No Credit for Informal Payments
IT IS ORDERED that the child support as prescribed in this decree shall be exclusively
discharged in the manner ordered and that any direct payments made by COREY L. ROBERTS
to CELIA CLANT ON ROBERTS or any expenditlmcs incurred by COREY L. ROBERTS
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during COREY L. ROBERTS‘s periods of possession of or access to the children, as prescribed
in this decree, for food, clothing, gifis, travel, shelter, or entertainment are deemed in addition to
and not in lieu of the support ordered in this decree.
Support gs Obligation of Estate
IT IS ORDERED that the provisions for child support in this decree shall be an
obligation of the estate of COREY L. ROBERTS and shall not terminate on the death of COREY
L. ROBERTS. Payments received for the benefit of the children, including payments from the
Social Security Administration, Department of Veterans Affairs or other governmental agency or
survivor benefits,
life insurance proceeds, annuity payments, trust distributions, or retirement
Any remaining balance of the child support is an
shall be a credit against this obligation.
obligation of COREY L. ROBERTS’s estate.
Tennination of Orders on Remarriage of Parties but Not on Death of Obligee
The provisions of this decree relating to amen! child support terminate on the rcmaniage
of CELIA CLANT ON ROBERTS to COREY L. ROBERTS unless a nonparent or agency has
been appointed conservator of the children under chapter I53 of the Texas
Family Code. An
obligation to pay child support under this decree does not terminate
on the death of CELIA
CLANTON ROBERTS but continues asyan obligation to COREY SEBASTIAN ROBERTS and
LILY MARIE ROBERTS.
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Information Regarding Parties
The infon-nation required for each party by section lO5,006(a) of the Texas Family Code
is as follows:
Name: CELIA CLANTON ROBERTS
Social Security number: "*"‘-”-3990
Driver's license number: 15756492 Issuing state: Texas
Current residence address: West Wendy Lane, Orange, Texas 77630
7 I 26
Mailing address: 7126 West Wendy Lane, Orange, Texas 77630
Home telephone number: (409) 553-4078
Name of employer:
Address of employment:
Work telephone number:
Name: COREY L. ROBERTS
Social Security number: ***-”-2636
Driver's license number 029303025 Issuing state: Texas
Current residence address: 7705 Burton Road, Adrian, Michigan 49221
Mailing address: 7705 Burton Road, Adrian, Michigan 49221
Home telephone number:
Name of employer: Ferris & Sons Milk Hauling Inc.
Address of employment: 9480 Herold Highway, Addison, Michigan 49220
Work telephone number: (517) 547-7676
Required Notices
EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY
EACH OTHER PARTY, THE COURT, AND Tl-[E 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
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SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, Tl-[E PARTY IS ORDERED TO GIVE
NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE DATE THAT
THE PARTY KNOWS OF T1-IE CHANGE.
THE DUTY TO FURNISH TI-HS INFORMATION TO EACH OTHER PARTY, THE
COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON,
BY VIRTUE OF THIS ORDEIL IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT
OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE
EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE
CHANGE IN TI-IE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION
TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF
CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX
MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT
FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS.
Notice shall be given to the other pany by delivering a copy of the notice to the party by
registered or certified mail, return receipt requested. Notice shall be given to the Court by
delivering a copy of the notice either in person to the clerk of this Court or by registered or
certified mail addressed to the clerk at 801 Division, Orange, Texas 77630. Notice shall be
given to the state case registry by mailing a copy of the notice to State Case Registry, Contract
Services Section, MC046S, PO Box 12017, Austin, Texas 78711-2017.
NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY USE
REASONABLE EFFORTS TO ENFORCE THE TERMS OF CHILD CUSTODY SPECEFIED
IN THIS ORDER‘ A PEA/CE OFFICER WHO RELIES ON THE TERMS OF A COURT
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ORDER AND THE OFFICER‘S AGENCY ARE ENTITLED TO THE APPLICABLE
IMMUNITY AGAINST ANY CLAIM, CIVI.L OR OTHERWISE, REGARDING THE
OFFICER'S GOOD FAITH ACTS PERFORMED IN THE SCOPE OF TI-IE OFFICER'S
DUTIES IN ENFORCING TI-IE 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 COMIMITS 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.
Warning: to Parties
WARNINGS TO PARTIES: FAILURE TO OBEY A COURT ORDER FOR CHILD
SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN
FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF
COURT. A FINDING OF CONTEIVIPT MAY BE PUNISHED BY CONFINEMENT IN JAIL
FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A
MONEY JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS.
FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE
PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE
PARTY'S NOT RECEIVING CREDIT FOR MAKING TH.E PAYTMENT.
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 J USTIF Y FAILURE TO PAY COURT-ORDERED CHILD SUPPORT TO
THAT PARTY.
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Division qfMarit'uI Estate
The Court finds that the following is a just and right division of the parties’ marital estate,
having due regard for the rights of each party and the children of the maniage.
V
Progeny to Husband
IT IS ORDERED AND DECREED that the husband, COREY L. ROBERTS, is awarded
the following as his sole and separate property, and the wife is divested of all right, title, interest,
and claim in and to that property:
H-l. All household fiirniture, fitmishings, fixtures, goods, an objects, collectibles,
appliances, and equipment in the possession of the husband or subject to his sole control.
H-2. All clothing, jewelry, and other personal effects in the possession of the husband
-
or subject to his sole control.
H-3. All sums of cash in the possession of the husband or subject to his sole control,
including fimds on deposit, together with accrued but unpaid interest, in banks, savings
institutions, or other financial institutions, which accounts stand in the husbands sole name or
from which the husband has the sole right to withdraw funds or which are subject to the
husband's sole control.
H-4. All sums, whether matured or umnatured, accrued or unaccrued, vested or
otherwise, together with all increases thereof; the proceeds therefiom, and any other rights
related to any profit-sharing plan, retirement plan, Keogh plan, pension plan, employee stock
option plan, 401(k) plan, employee savings plan, accrued unpaid bonuses, disability plan, or
other benefits existing by reason of the husband's past, present, or fixture employment.
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Property to Wife
IT IS ORDERED AND DECREED that the wife, CELIA CLANTON ROBERTS, is
awarded the following as her sole and separate property, and the husband is divested of all right,
title, interest, and claim in and to that property:
W-l. All household fiimiture, furnishings, fixtures, goods, art objects, collectibles,
appliances, and equipment in the possession of the wife or subject to her sole control.
W—2. All clothing, jewelry, and other personal effects in the possession of the wife or
I
subject to her sole control.
W-3. All sums of cash in the pofiession of the wife or subject to her sole control,
including funds on deposit, together with accrued but unpaid interest, in banks, savings
institutions, or other financial institutions, which accounts stand in the wife's sole name or fi'om
which the wife has the sale right to withdraw fimds or which are subject to the wife's sole
I
control.
W-4. The sums, whether matured or unmatured, accrued or unaccrued, vested or
otherwise, together with all increases thereof, the proceeds therefrom, and any other rights
related to any profit-sharing plan, retirement plan, Keogh plan, pension plan, employee stock
option plan, 401(k) plan, employee savings plan, aocmed unpaid bonuses, disability plan, or
other benefits existing by reason of the wife's past, present, or future employment.
W-5. The 2002 Honda Odyssey EXIL motor vehicle, vehicle identification number
SFNRLI 80628023344, together with all prepaid insurance, keys, and title documents.
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Division of Debt
Debts to Husband
IT IS ORDERED AND DECREED that the husband, COREY L. ROBERTS, shall pay,
as a part of the di\n'sion of the estate of the parties, and shall indemnify and hold the wife and her
property harmless from any failure to so discharge, these items:
H-1. All debts, charges, liabilities, and other obligations incurred solely by the husband
unless express provision is made in this decree to the contrary.
H-2. All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to
become due on the real and personal property awarded to the husband in this decree unless
express provision is made in this decree to the contrary.
H-3. The, debt owed to Dupont Goodrich Federal Credit Union, Account Number
7013815.
Debts to Wife
IT IS ORDERED AND DECREED that the wife, CELIA CLANT ON ROBERTS, shall
pay, as a part of the division of the estate of the panies, and shall indemnify and hold the
husband and his property harmless from any failure to so discharge, these items:
W-l. The balance due, including principal, interest, and all other charges, on the
promissory note payable to Sattler Automotive Group and given as part of the purchase price of
and secured by a lien on the 2002 Honda Odyssey EXL motor vehicle awarded to wife.
W-2. All debts, charges, liabilities and other obligations incurred solely by the wife
unless express provision is made in this decree to the comrary.
W—3. All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to
become due on the real and personal property awarded to the wife in this decree unless express
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provision is made in this decree to the oomrary.
EEC;
IT IS ORDERED AND DECREED that each party shall send to the othervparty, within
three days of its receipt, a copy of any correspondence from a creditor or taxing authority
concerning any potential liability of the other party.
Attorney's Fees
To effect an equitable division of the estate of the parties and as a part of the division,
and for services rendered in connection with conservatorship and support of the children, each
party shall be responsible for his or her own attorney's fees, expenses, and costs incurred as a
result of legal representation in this case.
Liability for Federal Income Taxes for Prior Year
IT IS ORDERED AND DECREED that CELIA CLANT ON ROBERTS and COREY L.
ROBERTS shall be equally responsible for all federal income tax liabilities of the parties from
the date of marriage through December 31, 2013, and each party shall timely pay 50 percent of
any deficiencies, assessments, penalties, or interest due thereon and shall indemnify and hold the
other party and his or her property harmless from 50 percent of such liabilities unless such
additional tax, penalty, and/or interest resulted from a pany's omission of taxable income or
claim of erroneous deductions. In such case, the portion of the tax, penalty, and/or interest
relating to the omitted income or claims of erroneous deductions shall be paid by the party who
earned the omitted income or proffered the claim for an erroneous deduction. The parties agree
that nothing contained herein shall be constnned as or is intended as a waiver of any rights that a
party has under the "Innocent Spouse" provisions of Internal Revenue Code.
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Treatment/Allocation of Communny' Income for Year of Divorce
IT IS ORDERED AND DECREED tint, for the calendar year 2014, each party shall file
an individual income tax return in accordance with the lntemal Revenue Code.
IT IS ORDERED AND DECREED that for calendar year 2014, each party shall
indemnify and hold the other party and his or her property harmless from any tax liability
associated with the reporting party's individual tax retum for that year unless the parties have
agreed to allocate their tax liability in a manner different from that reflected on their returns.
IT IS ORDERED AND DECREED that each party shall furnish such information to the
other party as is requested to prepare federal income tax returns for 2014 within thirty days of
receipt of a written request for the information, and in no event shall the available information be
exchanged later than March 1, 20l5. As requested information becomes available afier that date,
it shall be provided within ten days of receipt.
IT IS ORDERED AND DECREED that all payments made to the other party in
accordance with the allocation provisions for payment of federal income taxes contained in this
Final Decree of Divorce are not deemed income to the party receiving those payments but are
part of the property division and necessary for a just and right division of the parties‘ estate.
Tax Exemption for Children
IT IS ORDERED AND DECREED that CELIA CLANTON ROBERTS has the sole and
exclusive right to claim the children, COREY SEBASTIAN ROBERTS and LILY MARIE
ROBERTS, as dependents on her federal andlor state income taxes.
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Permanent Injunctions as to Persons
The Court finds that, because of the conduct of COREY L. ROBERTS, a permanent
injunction against him should be granted as appropriate relief because there is no adequate
remedy at law.
The permanent injunction granted below shall be etfective immediately and shall be
binding on COREY L. ROBERTS; on his agents, servants, employees, and attorneys; and on
those persons in active concert or participation with them who receive actual notice of this order
by personal service or otherwise.
IT IS ORDERED AND DECREED that COREY L. ROBERTS is permanently
enjoined from:
1. Interfering in any way with the Managing Conservator's possession of the
children or taking or retaining possession of the children, directly or in concert with other
persons, except as permitted by order of the Coun.
2. Removing the children from the State of Texas.
Court Costs
IT IS ORDERED AND DECREED that costs of court are to be borne by the party who
incurred them.
Discharge from Discovery Retention Requirement‘
IT IS ORDERED AND DECREED that the parties and their respective attomeys are
discharged from the requirement of keeping and storing the documents produced in this case in
accordance with rule 191.4(d) of the Texas Rules of Civil Procedure.
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Clanfving. Orders
Without affecting the finality of this Final Decree of Divorce, this Court expressly
reserves the right to make orders necessary to clarify and enforce this decree.
Relief Nor Granted
IT IS ORDERED AND DECREED that all relief requested in this case and not expressly
granted is denied. This is alfinal judgment, lbr which let execution and all writs and processes
necessary to enforce this judgment issue. This judgment finally disposes of all claims and all
parties and is appealable.
Date of Judgment
SlGNEDon QQ am‘/0
P SIDING
APPROVED AS TO FORM ONLY:
JOE D. ALFORD
Attorney at Law
lO5 South Market Street
Orange, Texas 77630
Tel: (409) 882-9014
Fax: (40 82-0564
By:
JOE .
ALr~‘6RD
Attorney for Peti oner
State Bar No. 01012500
jd.alford@hotmail.com
Page 27 of 27
l3:_«2:¥’«l
Tex. R. Civ. 1’. 107
This document is current through February 4, 2015
Texas Court Rules > STATE RULES > TEXAS RULES OF CIVIL PROCEDURE > PART II.
RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS > SECTION 5. Citation
Rule 1 7 Return of Service
(a) The officer or authorized person executing the citation must complete a return of service, The return may, but need
not. be endorsed on or attached to the citation.
(b) The retum, together with any document to which it is attached, must include the following information:
(1) the cause number and case name;
(2) the court in which the case is filed;
(3) a description of what was served;
(4) the date and time the process was received for service;
(5) the person or entity served;
(6) the address served;
(7) ’the date of service or attempted service;
(8) the manner of delivery of service or attempted service;
(9) the name of the person who served or attempted to serve the process;
(10) if the person named in (9) is a process server certified under order of the Supreme Court, his or her
identification number and the expiration date of his or her certification; and
(11) any other information required by rLle or law.
(c) When the citation was served by registered or certified mail as authorized by Rule 106, the return by the officer
or authorized person must also contain the return receipt with the addressee’s signature.
(<1) When the officer or authorized person has not served the citation, the return shall show the diligence used by the
officer or authorized person to execute the same and the cause of failure to execute it, and where the defendant is
to be found, if ascertainable.
(e) The officei‘ or authorized person who serves or attempts to serve a citation must sign the return, If the return is
signed by a person other than a sheriff, constable, or the clerk of the court, the return must either be verified or be
signed under penalty of perjury. A return signed under penalty of perjury must contain the statement below in ~
substzuitially the following form:
"My name is , my date of birth is
(First) (Middle) (Last)
j, and my address is T, _»_ _, , and
(Street) (City) (State)(Zip Code)
. I declare under penalty of perjury that the foregoing is true and
correct.
(Country)
A. Q9\
Page 2 of 2
Tex. R. Civ. 1’. 107
Executed in County, State of , on the _day of ,
(Month) "(Year)
Dec1a.rant"
(1') Where citation is executed by an alternative method as authorized by Rule 106, proof of service shall be made in
the manner ordered by the court.
(g) The return and any document to which it is attached must be filed with the court and may be filed electronically
or by facsimile, if those methods of filing are available.
(h) No default judgment shall be granted in any cause proof of service as provided by this rLle or by Rules 108
until
or 108a, or as ordered by the court in the event citation is executed by an alternative method under Rule 106, shall
have been on file with the clerk of the court ten days, exclusive of the day of filing and the day of judgment.
History
Amended by Texas Supreme Court, Misc. Docket No. 11-9250. effective January 1, 2012.
SOURCE:
Arts. 2034 and 2036.
Change: That part of the rLle derived from Art. 2034 has been changed only textually. The last sentence of the
supersedes Art. 2036 in the District and County Courts in harmony with the new making the time for answer date
Q
from the day of service.
Change by amendment effective January 1, 1978: Provides manner of return when service by mail or by an alternative
'
method.
Change by amendment effective January 1, 1981: The only changes are the references to E_u_l_e_ 106.
Change by amendment effective January 1. 1988: Amendments are made to conform to changes in 111% 103.
Change by amendment effective September 1, 1990: To state more directly that a default judgment can be obtained when
the defendant has been served with process in a foreign country pursuant to the provisions of flag 108 or 108a.
EDITOR’S NOTE. -- ,
Tefl Supreme Court, Misc. Docket No. 11-9250 provides: "The provisions allowing a return of service to be filed
electronically or by facsimile when those methods of filing are available supersede any contradictory local rlli or court
orders."
PUBLICATION REFERENCES. «See Litigation Guide, Ch. 31, Service on Residems; Ch. 32, Personal Jurisdiction
and Service on Nonresidents.
See also Civil Practice & Remedies Code §§ l7.021—17.025.
2011 amendment, by 11—9250, rewrote the first two sentences of the first undesignated paragraph, which read:
”The return
of the officer or authorized person executing the citation shall be endorsed on or attached to the same; it shall state when
the citation was served and the manner of service and be signed by the officer officially or by the authorized person. The
return of citation by an authorized person shall be verified.” and gave them the (a) designation; added (b); gave the second
”if ascertainable” for
and third sentences of the first undesignated paragraph the (c) and (d) designations; in (d), substituted
”if he can ascertain”; added (e); gave the second undesignated paragraph the (f) designation; added (g); gave the third
undesignated paragraph the (h) designation; and in (h), deleted "the citation, or process under Ri_4le_s 108 or 108a, with" after
"cause until”, and added "by an altemative method”.
Texas Rules
Copyright © 2015 by Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved.
Tex. R. Civ. I’. 239
This document is current through February 4, 2015
Texas Court Rules > STATE RULES > TEXAS RULES OF CIVIL PROCEDURE > PART II.
RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS > SECTION 11. Trial 0 Causes >
A.APPEARANCE AND PROCEDURE
@
»
Rule Judgment by Default
Upon such of the docket, or at any time after :1 defendant is required to answer, the plaintiff may in temi time take
call
judgment by default against such defendant if he has not previously filed an answer, and provided that return of service
shall have been on file with the clerk for the length of time required by Rule 107.
History
Amended by Texas Supreme Court, Misc. Docket No. ll—9250, effective January 1, 2012.
EDITOR’S NOTE. --
Texas Supreme Court, Misc. Docket No. ll~9250 provides: ”The provisions allowing a return of service to be filed
electronically or by facsimile when those methods of filing are available supersede any contradictoiy local or court
orders.”
PUBLICATION REFERENCES. —-See Litigation Guide, Ch. 100, Default Judgment. .
2011 amendment, by G.O. 11-9250, substituted ”return of service” for "citation with the officer’s return thereon".
Texas Rules
Copyright © 2015 by Matthew Bender & Company. Inc. a member of the LexisNexis Group. All rights reserved.
A 44\
Tex. R. Civ. R 301
This document is current through February 4, 2015
Texas Court Rules > STATE RULES > TEXAS RULES OF CIVIL PROCEDURE > PART II.
RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS > SECTION 11. Trial 0 Causes >
H. IUDGMENTS
Rule .@ Judgments
The judgment of the court shall conform proved and the verdict, if any, and shall
to the pleadings, the nature of the case
be so framed which
as to give the party all the relief tohe may be entitled either in law or equity. Provided, that upon motion
and reasonable notice the court may render judgment non obstante veredicto if a directed verdict would have been proper,
and provided further that the court may, upon like motion and notice, disregard any jury finding on a question that has no
support in the evidence. Only one final judgment shall be rendered in any cause except where it is otherwise specially
provided by law. Judgment may, in a proper case. be given for or against one or more of several plaintiffs, and for or against
one or more of several defendants or intervenors.
Texas Rules
Copyright © 2015 by Matthew Bender & Company, Inc. a member of the LexisNcxis Group. All rights reserved.
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