Wharton County District Court, Texas Document Filing Requirements

Applies to

Trial setting request

A case may be placed on the Active Trial Docket only after a party or attorney submits a written trial-setting request certifying the listed information and case-readiness matters.

3.2.1 Trial Settings - A case shall be placed on the “Active Trial Docket” only after the Court receives written request from a party or his attorney of record, requesting that the case be set for trial. Such request shall certify: 3.2.1.1 Whether the case is jury or non-jury. 3.2.1.2 The approximate number of days required to try the case. 3.2.1.3 The names and address of all parties or their attorneys of record. 3.2.1.4 That a copy of the request has been served on all other parties or their attorneys of record at the addresses indicated. 3.2.1.5 That the pleadings are in order. 3.2.1.6 That no attorney of record on whom a copy of the request is served has withdrawn from the case. 3.2.1.7 That all written and filed agreements to take depositions and to produce a party for physical examination have been accomplished. 3.2.1.8 That all necessary ad litem appointments have been made. 3.2.1.9 That all matters preliminary to trial have been accomplished. 3.2.1.10 That the case is ready for trial.

Applies to

Trial setting request

Requests for jury and non-jury trial settings must be written and use the Court-prescribed form, available from the Court Coordinator.

3.4.1 Trial Settings - Requests for trial settings, both jury and non-jury, shall be in writing and in the form prescribed by the Court. The setting request form is available from the Court Coordinator.

Applies to

Final decree request

When requesting signature of a final decree in a divorce or SAPCR case, applicable specified forms must be completed and presented to the Clerk.

4.1 **REPORTS PURSUANT TO A DIVORCE** - Upon requesting the judge to sign a final decree in a divorce case or a SAPCR case, a Report of Divorce form, Notice of Child Support form, and Information on Child in Suit Affecting Parent-child Relationship form, as may be applicable, shall be filled out and presented to the Clerk.

Applies to

Final decree

A child support order in a final decree must state that payments are made through the Texas Child Support Disbursement Unit at the listed address.

4.2 **CHILD SUPPORT PAYMENTS** - All Child Support Orders shall include the statement that all support payments shall be made through the following office: 4.2.1 Final Decree: Texas Child Support Disbursement Unit PO Box 659791 San Antonio, TX 78265-9791

Applies to

Temporary order

A child support order in temporary orders must state that payments are made through the Wharton County Child Support Office at the listed address.

4.2 **CHILD SUPPORT PAYMENTS** - All Child Support Orders shall include the statement that all support payments shall be made through the following office: 4.2.2 Temporary Orders: Wharton County Child Support Office PO Box 807 103 S Fulton Street Wharton, Texas 77488

Applies to

Divorce decree or support order after contempt hearing

Divorce decrees and child-support orders following contempt hearings must include the specified annual $36 service-fee paragraph.

4.3 ANNUAL SERVICE FEE ON CHILD SUPPORT PAYMENTS - All Divorce Decrees and Support Orders after contempt hearings involving child support shall contain the following paragraph: "It is further ordered that _______________, the person ordered to make payments for child support, shall pay a fee of $36.00 annually to the Child Support Office of this Court, by a separate Cashier's Check or Money Order, and the first annual payment of this service fee is to be paid in addition to the amount of support, on same date of first support payment, and then $36.00 payable annually on the same date of each year thereafter until child support is no longer required to be paid in this cause."

Applies to

Child support order

Orders must direct that child support payments be withheld from the Obligor's earnings.

4.3.1 Child support payments are to be ordered withheld from the Obligor's earnings.

Applies to

Order for withholding from income

An Order for Withholding from Income for child support must be accompanied by the Obligor's employer name and address.

4.3.2 The name and address of the Obligor's employer must accompany the Order for Withholding from Income for child support.

Applies to

Financial information statement

A court-approved Financial Information Statement must be completed and furnished to opposing counsel and the Court before a show cause hearing or hearing on the merits in a domestic relations case.

4.4 FINANCIAL INFORMATION STATEMENT - A Financial Information Statement approved by the court is to be completed and furnished to opposing counsel and the Court prior to any show cause hearing and/or hearing on the merits in domestic relations cases.

Applies to

Petition

If a child is subject to a prior court order, attach the entire order to the divorce petition.

Further, in a divorce, if a child has been the subject of a prior Court Order either here or in another county, the prior court ruling must be attached to your Petition. (This means the entire order, not various pages from it.)

Applies to

Divorce case

Adult parties in divorce suits and suits involving minor children must attend the seminar or a similar course before the final divorce hearing.

The adult parties to all divorce suits and suits involving minor children shall attend the Families and Divorce Seminar, or a similar course, prior to the final divorce hearing.

Applies to

Certificate of completion

Certificates of completion must be filed with the district clerk before the final hearing.

Certificates of completion must be on file with the district clerk prior to the final hearing.

Applies to

Waiver of service

One prerequisite for setting a final hearing is that a signed and notarized Waiver of Service has been filed with the District Clerk.

A signed and notarized Waiver of Service has been filed with the District Clerk;

Applies to

Final decree or parent child order

For an uncontested hearing, the final decree or parent-child order must be prepared and in hand before setting the hearing.

A Final Decree of Divorce or an Order in Suit Affecting the Parent-child relationship is prepared and in hand;

Applies to

Certificate of completion

For cases involving minor children, the seminar must have been attended and its completion certificate filed with the District Clerk before setting the final hearing.

In cases involving minor children, the Families and Divorce Seminar has been attended and a certificate of completion is on file with the District Clerk;

Form VS-165 must be completed before setting the final hearing; it is available from the District Clerk.

Form VS-165 Information on Suit Affecting The Family Relationship is completed. (Obtain from District Clerk)