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HomeMy WebLinkAbout95-02076 ~~I ~ i~~~1 ... ... ~':.r.a _~ Ql c: 9~ -S)l~.~~ . 8 .~ j,}, , Y1... ~n ~a ' f\ . tiS.: ~ .... . II i.l . ' ~ ~ ... g! ~~ "It. '" =: il~~~ Ql '" .g c..c.. ~ iJ. L ~ ~ :... = ~ --,. :-= J:1 C'I I~ !;Iltl, t, '" ~ I .... ~ ~ I ~ - .- J ' i' , i; l ' .; ~. . J 1.1, '" .J. ,,1 '\ t~ .~.. I ) No. 453,440 IN THE INTEREST OF * IN THE 201st I , * JUDICIAL DISTRICT ARYN MEDLEY, * COURT OF A CHILD * TRAVIS COUNTY, TEXAS ORDER MODIFYING PRIOR ORDER IN SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP On the day of october, 1991, came on to be heard all Motions to Modify in suit Affecting the Parent-Child Relationship previously filed herein. ROBERT LAVaN MEDLEY, the Possessory conservator of the minor child, and KIMBERLY A. PEIFFER, the Managing Conservator of the minor child, appeared in person and by their respective attorneys of record and announced t~at they are in agreement with the entry of the following orders. The Court, having examined the pleadings and heard the evidence and agreement of the parties, finds that it has continuing jurisdiction of this cause and of all the parties. All persons entitled to citation were properly cited. The Court finds that the following orders are in the best interests of the child. The making of a record of testimony was waived by the parties with the consent of the Court. The Court finds that the following child is the subject of this suit: NAME: ARYN MEDLEY SEX: Female BIRTHPLACE: San Antonio, Texas BIRTHDATE: october 6, 1905 PRESENT RESIDENCE: 1019 willow Rd Camp Hill, Pennsylvania . The Court finds that, in accordance with the agrcement of the parties, ROBERT LAVON MEDLEY is as of the date of this Order in arrears in past due child support payments in an amount equal to Eight Thousand Seven Hundred Two and NO/100 Dollars ($0,702.00). IT IS DECREED that the Final Decree of Divorce herein dated February 2, 1989, be and is modified as follows: IT IS DECREED that KIMBERLY A. PEIFFER shall not be obligated to provide to ROBERT LAVaN MEDLEY at any time school records and report or medical records and reports, but ROBERT LAVON MEDLEY shall have the right of access to such school and medical rccords and reports as Possessory Conservator of the child. IT IS ORDERED that in the event it may ever be required by the school and/or medical care providers that KIMBERLY A. PEIFFER execute and deliver a release authorizing the release of the school and/or medical records and reports to ROBERT LAVON MEDLEY, then KIMBERLY A. PEIFFER is ORDERED to so execute and deliver such a release to the school and/or medical care providers. IT IS ORDERED that KIMBERLY A. PEIFFER shall at all times keep ROBERT LAVON MEDLEY informed as to the names and addresses of the child's school(s} and physician(s}. IT IS ORDERED that ROBERT LAVON MEDLEY, Social Security Number 455-98-0210 pay to KIMBERLY A. PEIFFER Social Security Number 107- 50-0501 child support in the sum of $502.91 per month, with the first payment due and payable on the 15th day of October, 1991, and a like payment being due and payable on the same day each and every month thereafter until the earliest occurrence of the following 2 events: the date the child reaches the age of eighteen (1o) years, provided that, if the child is fully enrolled in an accredited secondary school in a program leading toward a high school diploma, the periodic child support payments shall continue to be due and paid until the end of the school year in which the child graduates; the date the child marries; the date the child dies; the date the child's disabilities are otherwise removed for general purposes; the date the child is otherwise emancipated; or until further order of the Court. IT IS ORDERED that so long as child support is paid in such amount by ROBERT LAVaN MEDLEY, medical insurance for medical expenses incurred for the minor child shall be maintained by and paid by KIMBERLY A. PEIFFER. IT IS ORDERED that KIMBERLY A. PEIFFER provide to ROBERT LAVON MEDLEY a c:opy of the policy under which medical insurance for medical expenses incurred for the minor child is provided and also provide to ROBERT LAVON MEDLEY a record as to the payments made by the medical insurance carrier for such expenses. IT IS ORDERED that each conservator shall have possession of the child for any and all times mutually agreed to in advance by the parties and, failing mutual agreement, shall have possession of the child under the specified terms set out in the following paragraphs: For the Christmas holiday in 1991, it is ORDERED that the Possessory Conservator shall have the right to possession of the J child from 9:00 a.m. on December 26, 1991 until 6:00 p.m. on January 4, 1992. During any period when the Possessory Conservator is to be in the geographical vicinity of the residence of the Managing Conservator and upon fifteen-days prior notice to the Managing Conservator, it is ordered that the Possessory Conservator shall have the right to possession of the child for one weekend from 6:00 p.m. on Friday until 6:00 p.m. on the following Sunday. However, such weekend periOd shall not be contiguous with any other periods of possession to which the Possessory Conservator shall be entitled. The following provisions govern possession of the child for vacations and for certain specific holidays and supersede any conflicting periods of possession provided herein. The Possessory Conservator and the Managing Conservator shall have rights of possession of the child as follows: 1. The Possessory Conservator shall have possession of the child in even-numbered years from 6:00 p.m. on the last school day before the Christmas school vacation begins until 12: 00 noon on December 26, and the Managing Conser- vator shall have possession for the same period in odd-numbered years. 2. The Possessory Conservator shall have possession of the child in odd-numbered years from 12:00 noon on December 26 until 6:00 p.m. on the day before school resumes, and the Managing Conservator shall have possession for the same period in even-numbered years. 3. The Possessory Conservator shall have possession of the child from 6:00 p.m. on the last school day before the child's school's EasterlSorinq vacation begins until 6:00 p.m. on the day before school resumes. 4 4. During summers: It. If the Possessory Conservator gives the Managing Conservator written notice by May 1 of each year specifying an extended period or periods of summer possession, the Possessory Conservator shall have possession of the child for thirty-five (35) days between June 1 and August Jl, to be exercised in no more than two (2) separate periods of at least seven (7) consecutive days each; or b. If the Possessory Conservator does D.Qt give the Managing conservator written notice by May 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for thirty-five (35) consecutive days beginning at 6:00 p.m. on July 15 and ending at 6:00 p.m. on August 19; c. If the Managing Conservator gives the Possessory Conservator written notice by May 15 of each year or gives the Possessory Conservator fourteen (14) days' written notice on or after May 16 of each year, the Managing conservator shall have posses- sion of the child on anyone weekend from Friday at 6:00 p.m. until 6:00 p.m. on the following Sunday during anyone period of possession by the posses- sory Conservator under subparagraph a or b above, provided that if a period of possession by the Possessory conservator exceeds thirty (30) days, the Managing Conservator may have possession of the child under the terms of this subparagraph on any two (2) nonconsecutive weekends during that time period, and further provided that the Managing conservator picks up the child from the Possessory Conservator and returns the child to that same place; d. If the Managing Conservator gives the Possessory conservator written notice by May 15 of each year or gives the Possessory conservator 14 days written notice on or after May 16 of each year, the Manag- ing conservator ~ designate twenty-one (21) days between June 1 and August Jl, to be exercised in no more than two separate periods of at least seven consecutive days each, during which the Possessory Conservator shall DQt have possession of the child, provided that the period or periods so designated by the Managing Conservator do not interfere with the possessory Conservator's period or periods of extended summer possession or with Father's Day. 5 IT IS ORDERED that the Managing Conservator shall surrender the child to the possessory Conservator at the beginning of each period of the possessory conservator's possession at the residence of the Managing Conservator, and IT IS ORDERED that the possessory conservator shall return the child to the Managing Conservator at the end of each period of possession at the residence of the Managing Conservator. IT IS ORDERED that each party who ill either a Managing Conservator or a possessory conservator and who intends to change his or her place of residence shall give written notice of such change to every other party who is a Managing or Possessory conservator. Such written notice shall state the intended date of the change, new telephone number and new street and mailing address. This notice shall be given at least thirty (30) days before the intended change. If the conservator did not know or could not have known of the change of residence or if the required information was not available within the thirty (30) day periOd, the conservator shall supply the written notice of the change of residence or the related information within five (5) days after the date that the conservator knew or should have Known of the change or of the related information. IT IS DECREED that, in accordance with the agreement of the parties, of the present sum of Eight Thousand Seven Hundred Two and NO/100 Dollars ($8,702.00) in total child support arrearage owed by ROBERT LAVON MEDLEY to KIMBERLY A. PEIFFER, a maximum amount of Forty-Four Hundred Dollars ($4,400.00) of such arrearage may be 6 credited and discharged by applying against such amount the following: the actual expenditures made after the date of this Order by ROBERT LAVON MEDLEY for airplane tickets, train tickets, bUB tickets, personal automobile expenses (said personal automobile expenses to be established as twenty-five cents per mile for the shortest route of possible travel), and for a maximum of Seventy- five Dollars ($75.00) per trip for motel lodging costs (when it is necessary that ROBERT LAVON MEDLEY stay overnight when picking up and/or returning the child due to the airline schedules not making possible a pickup or return in one day) for travel expenses incurred for the minor child's and the Possessory conservator's travel to and from the residences of the possessory conservator and of the Managing conservator for purposes of the possessory conservator's exercising the specific periods of summer, Eas~ ter/spring and Christmas possession of the minor child set forth herein. IT IS ORDERED that in order to qualify for such credit and discharge, ROBERT LAVON MEDLEY shall immediately upon incurring such expenses furnish to KIMBERLY A. PEIFFER receipts Showing the expenditure of such sums by ROBERT LAVON MEDLEY and at such time shall also file copies of such receipts with the Travis County Domestic Relations Office. FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD HAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER INCLUDING CONTEMPT OF COURT. A FINDING IF CONTEMPT HAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX 7 MONTHS, A rINB or UP TO $500.00 FOR EACH VIOLATION AND A KONEY JUDGMBNT rOR PAYMENT or ATTORNEY'S rEES AND COURT COSTS. FAILURE OP A PARTY TO KAlE A CHILD SUPPORT PAYMENT TO THE PLACE AND IN THE KANNER REQUIRED BY A COURT ORDER HAY RESULT IN THE PARTY HOT RECEIVING CREDIT FOR KAKING THE PAYKENT. FAILURE OP A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS ':0 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 OR DECREE IS ORDERED TO NOTIPY THE CLERK OF THIS COURT WITHIN TEN DAYS AFTER THE DATE OF ANY CHANGE IN THE PARTIES' CURRENT RESIDENCE ADDRESS, HAILING ADDRESS, HOKE TELEPHONE NtlHBER, NAKE OF EKPLOYER, ADDRESS OP EMPLOYMENT, OR WORK TELEPHONE NUKBER. THE DUTY TO FURNISH THIS INPORMATION TO THE CLERK OF THE COURT CONTINUES AS LONG AS ANY PERSON BY VIRTUE OF THIS ORDER OR DECREE IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR IS ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD. FAILURE TO OBEY THE ORDER OF THE CLERK OF THIS COURT TO PROVIDE THE CLERK WITH THE CURRENT HAILING ADDRESS OF A PARTY HAY RESULT IN THE ISSUANCE OF A CAPIAS FOR THE ARREST OF THE PARTY IP THAT PARTY CANNOT BE PERSONALLY SERVED WITH NoTICE OF A HEARING AT AN ADDRESS OP RECORD. IT IS DECREED that all costs of Court expended in this cause are adjudged against the party by whom such were incurred. B