THIS FORM IS TO BE USED ONLY IN AN UNCONTESTED TEXAS DIVORCE WHERE THERE ARE CHILDREN UNDER 18 BORN DURING THE MARRIAGE AND THERE IS NO COMMUNITY PROPERTY

1. PLEASE PRINT A COPY OF THIS FORM

2. COMPLETE ALL OF THE BELOW INFORMATION;

3. SIGN AND SEND THIS COMPLETED FORM ALONG WITH A MONEY ORDER FOR THE APPROPRIATE AMOUNT, TO:

INTERNET DIVORCE FORMS

c/o Law Office of Edward Garrison

5411 IH 10 W

SAN ANTONIO, TX 78201

**OR FAX THE COMPLETED FORM TO 210-733-4294 AND CALL US AT 1-888-507-8544 WITH YOUR CREDIT CARD INFO**

[If you have any questions or if you need additional information

please call us at 210-733-4291 or TOLL FREE at 1-888-507-8544]

THE FOLLOWING INFORMATION IS REQUIRED FOR US TO

COMPLETE YOUR CUSTOMIZED UNCONTESTED TEXAS DIVORCE FORMS

PERSONAL INFORMATION

About You:

1. Please give your full name, date and place of birth, and Social Security number.

Full name: ____________________________________________________________________

Birth date: _______ State where born: ______________________________________

Social Security number: __________________________________________________________

Driver's license number: _____________________________________ State: _______________

2. Where are you living now, and what is your phone number?

Street Address: _________________________________________________________________

City: _________________________________________________________________________

County: __________________________ State: ___ _ Zip: ___________________

Home phone with area code: ______________________________________________________

Email: _____________________________________________________________________

3. How do you prefer that we contact you? Leave blank if you prefer not to be contacted at the following.

By Mail: ______________________________________________________________________

By Phone: _____________________________________________________________________

By Fax: _______________________________________________________________________

By Mobile Phone: ______________________________________________________________

By Email: _____________________________________________________________________

4. Please complete the following information concerning your employment.

Employer (if you are in the military*, please also complete the information below)

Job title: ______________________________________________________________________

Street address: _________________________________________________________________

City, State, zip: _________________________________________________________________

Work Telephone number: ________________________________________________________

May we call you at work? ________________________________________________________

Gross salary per month or annually: ________________________________________________

*MILITARY PERSONNEL ONLY:

If you are ACTIVE DUTY in the US Armed Forces or Reserves, please provide the following information:

Branch of Service: __________________________

Original date of service (date joined) month/day/year: ________________

Current rank and pay grade: _______________________

If you are already RETIRED from the US Armed Forces or Reserves, please provide the following information:

Branch of Service: __________________________

Original date of service (date joined) month/day/year: _________________

Date retired month/day/year: __________________

Rank and pay grade on date of retirement: __________________

Monthly amount of retired pay: ___________________

About Your Spouse or Ex-Spouse:

5. Please give your spouse's or ex-spouse's full name, date and place of birth, and Social Security number.

Full name: ____________________________________________________________________

Birth date: __________________ State where born: ___________________________

Social Security #: _______________________________________________________________

Driver's license #: ______________________________________ State: ___________________

6. Where is your spouse or ex-spouse living now, and what is his or her phone number?

Street Address: _________________________________________________________________

City: _________________________________________________________________________

County: __________________________ State: ___ _ Zip: ___________________

Home phone with area code: ______________________________________________________

Email: _____________________________________________________________________

7. Please complete the following information concerning your spouse's or ex-spouse's employment.

Employer: _____________________________________________________________________

Job title: ______________________________________________________________________

Street address: _________________________________________________________________

City, State, zip: _________________________________________________________________

Telephone number: _____________________________________________________________

Gross salary per month or annually: ________________________________________________

Length of employment: __________________________________________________________

Education:_____________________________________________________________________

IF YOUR SPOUSE IS MILITARY:

If your spouse is ACTIVE DUTY in the US Armed Forces or Reserves, please provide the following information:

Branch of Service: __________________________

Original date of service (date joined) month/day/year: ________________

Current rank and pay grade: _______________________

If your spouse is already RETIRED from the US Armed Forces or Reserves, please provide the following information:

Branch of Service: __________________________

Original date of service (date joined) month/day/year: _________________

Date retired month/day/year: __________________

Rank and pay grade on date of retirement: __________________

Monthly amount of retired pay: ___________________

About your marriage and separation:

Please give the date and place of your marriage:

Date: _____________________________ Place: ______________________________________

Are you now separated from your spouse? ___________________________________________

If so, please state date of separation: ________________________________________________

Upon divorce, should you or your spouse’s name be changed or restored? __________________

If yes, please write the full name, EXACTLY the way it should be changed: ____________________________

About your children under 18 of this marriage:

8. Please provide information about each child of this marriage below the age of 18:

Child’s Full Name: ______________________________________________________________

Sex (M/F): _____________ Date of birth: _______________________ Age: _______________

City, State, and County of birth: ___________________________________________________

Social Security number: __________________________________________________________

Child’s Full Name: ______________________________________________________________

Sex (M/F): _____________ Date of birth: _______________________ Age: _______________

City, State, and County of birth: ___________________________________________________

Social Security number: __________________________________________________________

Child’s Full Name: ______________________________________________________________

Sex (M/F): _____________ Date of birth: _______________________ Age: _______________

City, State, and County of birth: ___________________________________________________

Social Security number: __________________________________________________________

Child’s Full Name: ______________________________________________________________

Sex (M/F): _____________ Date of birth: _______________________ Age: _______________

City, State, and County of birth: ___________________________________________________

Social Security number: __________________________________________________________

Custody and Support Plans:

9. Who will be the “primary” managing conservator (the conservator who has the exclusive right to determine the primary residence of the children)? Mother or Father _________________________________________________

[Generally, it is presumed to be in the best interest of the children that the parent with whom the children do NOT live (that is, the possessory managing conservator) pay child support of 20% of their own total NET resources (after taxes) for the first child, plus 5% for each additional child under 18 of the marriage.]

 
The Texas Family Code states:
 
(a)  The guidelines for the support of a child in this section are specifically designed to apply to situations in which the obligor's monthly net resources are $6,000 or less.
 
(b)  If the obligor's monthly net resources are $6,000 or less, the court shall presumptively apply the following schedule in rendering the child support order:
 
CHILD SUPPORT GUIDELINES BASED ON
THE MONTHLY NET RESOURCES OF THE OBLIGOR
 
1 child                                                   20% of Obligor's Net Resources
2 children                               25% of Obligor's Net Resources
3 children                                              30% of Obligor's Net Resources
4 children                                              35% of Obligor's Net Resources
5 children                                              40% of Obligor's Net Resources
6+ children                             Not less than the amount for 5 children”
 
“Resources” include:
 
(1)  100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses); (2)  interest, dividends, and royalty income;
(3)  self-employment income; (4)  net rental income (defined as rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation);  and
(5)  all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits, unemployment benefits, disability and workers' compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, and alimony.
 
“Resources” do not include:
 
(1)  return of principal or capital; (2)  accounts receivable;  or (3)  benefits paid in accordance with aid for families with dependent children.
 
The following items shall be deducted from “resources” to determine the net resources available for child support:
 
(1)  social security taxes; (2)  federal income tax based on the tax rate for a single person claiming one personal exemption and the standard deduction; (3)  state income tax; (4)  union dues;  and (5)  expenses for health insurance coverage for the obligor's child.
 
Remember - These are general guidelines. Talk with your attorney about the specifics of your case before taking action!
 

ALWAYS TALK TO AN ATTORNEY BEFORE ATTEMPTING TO CALCULATE YOUR CHILD SUPPORT OBLIGATION! You may call the Law Office of Edward Garrison at 210-733-4291 for assistance.

What is your agreement regarding child support? ______________________________________________________________________________

About children under 18 not of this marriage:

Generally, the conservator paying child support in this case (known as “the obligor”) is entitled to a credit reduction from the above referenced percentage for each additional child under 18 not of this marriage that the conservator has a legal duty to pay child support.

The Texas Family Code states:

“ALTERNATIVE METHOD OF COMPUTING SUPPORT 
FOR CHILDREN IN MORE THAN ONE HOUSEHOLD.
 
In lieu of performing the computation under the preceding section, the court may determine 
the child support amount for the children before the court by applying the percentages in the table below to the obligor's net resources:
 
MULTIPLE FAMILY ADJUSTED GUIDELINES
(% OF NET RESOURCES)
 
Number of children before the court
                                   1            2           3           4           5          6           7        
Number of              0  20.00    25.00    30.00    35.00    40.00    40.00    40.00    
other                       1  17.50    22.50    27.38    32.20    37.33    37.71    38.00    
children for              2  16.00    20.63    25.20    30.33    35.43    36.00    36.44    
whom the                3  14.75    19.00    24.00    29.00    34.00    34.67    35.20    
obligor                    4  13.60    18.33    23.14    28.00    32.89    33.60    34.18    
has a                       5  13.33    17.86    22.50    27.22    32.00    32.73    33.33    
duty of                    6  13.14    17.50    22.00    26.60    31.27    32.00    32.62    
support                   7  13.00    17.22    21.60    26.09    30.67    31.38    32.00

Do you or your spouse or ex-spouse have any other children under 18 not of this marriage for whom a duty of support is owed? ____________________ “Yes” or “No”

If “NO” please skip and continue filling in the Property Information section below.

If “YES”, please give the full name, date and place of birth, sex, and Social Security number of each such child under 18 NOT of THIS marriage for whom the conservator has a legal duty to support:

Child’s Full Name: ______________________________________________________________

Sex (M/F): _____________ Date of birth: _______________________ Age: _______________

City, State, and County of birth: ___________________________________________________

Social Security number: __________________________________________________________

***IMPORTANT***

ALL OF THE FOLLOWING CONDITIONS MUST BE MET:

1). I OR MY SPOUSE MEET TEXAS JURISDICTIONAL REQUIREMENTS: ONE OR BOTH PARTIES TO THIS DIVORCE HAS LIVED IN TEXAS 6 MONTHS OR MORE AND HAS LIVED IN THE COUNTY WHERE THE DIVORCE WILL BE FILED FOR 90 DAYS;

2). neither party has already filed for divorce in this case;

3). there are no current temporary court orders in this case;

4). there are no allegations of family violence in this case;

5). the parties agree to divorce and each will sign the Decree of Divorce;

6). my spouse will waive his or her rights be served with citation and agrees to the terms of divorce;

7). no community property has accumulated during the marriage (including real property, retirement benefits, IRA's, 401K's, pensions, insurance, etc...), other than personal effects, and each party will be awarded the personal property in their own name and/or possession;

8). the parties agree to a division of debts and each party agrees to be responsible for any debts in their own name (including credit cards and loans);

9). there ARE children under 18 born during the marriage and the parents will both be appointed as joint managing conservators, and the parties agree on whom will be the primary managing conservator with the exclusive right to determine the primary residence of the child, and that the possessory managing conservator will have the right to “Standard Possession” of the child(ren) as outlined in the Texas Family Code, and the parties agree on the amount of child support to be paid; and

10). there are no other children expected at the time of divorce.

ALL OF THE ABOVE CONDITIONS ARE MET.

I UNDERSTAND THAT THE UNCONTESTED DIVORCE FORMS WILL BE PREPARED FOR ME ACCORDING TO THE INFORMATION I HAVE PROVIDED AND THAT I MUST FILE THE PAPERS AND PAY ANY REQUIRED FILING FEES ON MY OWN.

I ALSO UNDERSTAND THAT I MUST FOLLOW ALL THE NECESSARY STEPS IN THE PROVIDED INSTRUCTIONS TO FINALIZE THE DIVORCE ON MY OWN, INCLUDING ANY APPEARANCES BEFORE A JUDGE ON MY OWN.

I UNDERSTAND THAT EITHER I OR MY SPOUSE MUST APPEAR IN COURT BEFORE A JUDGE TO "PROVE-UP" OR FINALIZE MY DIVORCE. I UNDERSTAND THAT THE PURCHASE PRICE OF THESE FORMS DOES NOT INCLUDE THE APPEARANCE OF ANY ATTORNEY TO REPRESENT ME IN COURT FOR ANY APPEARANCES.

I HAVE AUTHORIZED PAYMENT FOR $300.00 BECAUSE I HAVE CHILDREN BORN OF THE MARRIAGE UNDER 18 AND NO COMMUNITY PROPERTY AND I HAVE ENCLOSED A MONEY ORDER OR I AUTHORIZE MY CREDIT CARD TO BE CHARGED FOR $300.00.

CREDIT CARD NUMBER _________________________

EXPIRATION DATE ____________________________

X___________________________________ _______________________

SIGNED DATE

_______________________________________________________________

PRINTED NAME

1999-2006 InternetDivorceForms.com, Edward Wade Garrison, Lawyer, Attorney at Law