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Texas Division Order statute Form: What You Should Know
In order to execute a division order, you must have a written contract with the payee, under which the division will be paid to the payee. Divisions are often entered into while the parties are out of state. A judgment may be entered for the division and a judgment may be entered against the former owner on appeal after the division has been paid. If the owner fails to execute the division order, the former owner may seek an order of execution upon the former owner for the amount due, plus damages and attorney's fees. In other words, the former owner may challenge the judgment even if the owner has not paid the division order. As stated in Chapter 61, the “best interest of the child” is the primary consideration in creating division orders. The owner must also have good faith reasons to enter a division order or the owner does not have standing to challenge the division order at all. A court must not enter a division order if the former owner (or the court) had a duty to obtain a judgment and, in the absence of other evidence of the former owner's lack of good faith, the court would reasonably have concluded it had the duty and would not have entered the division order in the first place. However, in many instances, the former owner is not an innocent party and must first demonstrate the harm from the owner's breach of duty. The former owner must use the legal system (e.g. lawsuit), in addition to the division order, to establish that the owner has made a specific and substantial breach in order to have standing. The Texas Supreme Court has upheld division orders for amounts up to 500,000 per violation. The Court also has upheld division orders for amounts up to 25,000 per violation; however, the cost of such judgments may be significant. If you have questions about whether to enter a division order, you should consult with a Texas Division of Oil, Gas and Geothermal Resources (TGE GR), an attorney familiar with the Texas litigation landscape, or at a Texas law firm. For a list of attorneys who specialize in oil and gas. Divorce and other family law cases will be addressed in Chapter 3. Chapter 2 discusses property divisions. Chapter 8, Civil Code Section 71.001 outlines what happens to title, and Chapter 9, Civil Code Section 71.
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