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In addition to any other credit or offset available to an obligor under this title, if a child for whom the obligor owes child support receives a lump-sum payment as a result of the obligor's disability and that payment is made to the obligee as the representative payee of the child, the obligor is entitled to a credit. 20, Sec. (3) the county in which the court having continuing jurisdiction has venue of the suit affecting the parent-child relationship. 2, eff. Sec. (a) Except as provided by Subsection (e), a child support lien notice must contain: (1) the name and address of the person to whom the notice is being sent; (2) the style, docket or cause number, and identity of the tribunal of this or another state having continuing jurisdiction of the child support action and, if the case is a Title IV-D case, the case number; (3) the full name, address, and, if known, the birth date, driver's license number, social security number, and any aliases of the obligor; (4) the full name and, if known, social security number of the obligee; (5) the amount of the current or prospective child support obligation, the frequency with which current or prospective child support is ordered to be paid, and the amount of child support arrearages owed by the obligor and the date of the signing of the court order, administrative order, or writ that determined the arrearages or the date and manner in which the arrearages were determined; (6) the rate of interest specified in the court order, administrative order, or writ or, in the absence of a specified interest rate, the rate provided for by law; (7) the name and address of the person or agency asserting the lien; (8) the motor vehicle identification number as shown on the obligor's title if the property is a motor vehicle; (9) a statement that the lien attaches to all nonexempt real and personal property of the obligor that is located or recorded in the state, including any property specifically identified in the notice and any property acquired after the date of filing or delivery of the notice; (10) a statement that any ordered child support not timely paid in the future constitutes a final judgment for the amount due and owing, including interest, and accrues up to an amount that may not exceed the lien amount; and. Fees and costs ordered under this subsection may be enforced by any means available for the enforcement of child support, including contempt. Sec. The IV-D program (pronounced Four-D) is the technical name for government administered Child Support Enforcement Programs. Sept. 1, 2001. April 20, 1995. The law states that child support can be paid as follows: A lump sum. 20, Sec. Sec. Tell the clerk you have a lawyer with you when you check-in. 20, Sec. (b) The hearing under this section may not be held later than the seventh working day after the date the respondent is arrested. Added by Acts 1995, 74th Leg., ch. April 20, 1995. 552 (S.B. 22, eff. (c) The court shall give preference to a motion for enforcement of child support in setting a hearing date and may not delay the hearing because a suit for modification of the order requested to be enforced has been or may be filed. 1, eff. Sec. 1965), Sec. If you attend the hearing, the judge can still throw you in jail for violating the order to pay the support. (b) Unless prohibited by federal law, a suit seeking a qualified domestic relations order or similar order under this subchapter applies to a pension, retirement plan, or other employee benefit, regardless of whether the pension, retirement plan, or other employee benefit: (2) is subject to another qualified domestic relations order or similar order; (3) is property that is the subject of a pending proceeding for dissolution of a marriage; (4) is property disposed of in a previous decree for dissolution of a marriage; or. 610, Sec. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 157.323. 27, eff. A financial institution that possesses or has a right to an obligor's assets for which a notice of levy has been delivered and that surrenders the assets or right to assets to a child support lien claimant is not liable to the obligor or any other person for the property or rights surrendered. Acts 2007, 80th Leg., R.S., Ch. According to the Office of Child Support Enforcement's 2020 Preliminary Report, which includes its most recent data, just over 10 million people under a court order to pay child support, are behind in their payments, with a cumulative total of over $115 billion owed. 228), Sec. (c) For purposes of this section, a proceeding in a court of appeals or the Supreme Court of Texas is considered the equivalent of a bona fide appeal to the Texas Court of Criminal Appeals. 1023, Sec. 26, eff. 51, eff. 17, eff. Get Legal Help Understanding a Texas Family Court Order. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1997. 157.3271. Fax: 573-522-1366. Denying or revoking a United States Passport, if the parent owes more than $2,500. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Sec. * the child is emancipated through marriage, through the removal of disabilities of minority by court order, or by other operation of law; or. Sec. 157.422. Added by Acts 1995, 74th Leg., ch. TIME LIMITATIONS; ENFORCEMENT OF POSSESSION. 911, Sec. Acts 2007, 80th Leg., R.S., Ch. There are three situations in which a judge will enter a bench warrant for the arrest of a parent who owes back child support or alimony: Probation determines that an expedited (immediate) enforcement hearing is needed; A prior order authorizes a bench warrant if you failed to pay two weeks of support (or lump sum). September 1, 2005. (g) A financial institution may deduct its fees and costs, including any costs for complying with this section, from the deceased obligor's assets before paying the appropriate amount to the Title IV-D agency. FILING LIEN NOTICE OR ABSTRACT OF JUDGMENT; NOTICE TO OBLIGOR. SECURITY FOR COMPLIANCE WITH ORDER. 157.214. EFFECT OF LIEN NOTICE. (2) failed to make child support payments. (a) If a motion for enforcement of child support requests a money judgment for arrearages, the court shall confirm the amount of arrearages and render cumulative money judgments as follows: (1) a cumulative money judgment for the amount of child support owed under Subsection (b); (2) a cumulative money judgment for the amount of medical support owed under Subsection (b-1); and. 18, 97(a), eff. Always bring a form of identification. If another person is known to have an ownership interest in the property subject to the lien, the claimant shall provide a copy of the lien notice to that person at the time notice is provided to the obligor. 847), Sec. Acts 2009, 81st Leg., R.S., Ch. Sec. Evidence that the respondent has attempted to evade service of process, has previously been found guilty of contempt, or has accrued arrearages over $1,000 is sufficient to rebut the presumption. 1, eff. Sept. 1, 2003. 1, eff. 7.007, eff. 420, Sec. Added by Acts 1995, 74th Leg., ch. [1] [2] We can guide you through all family law matters and help ensure a bright future for you and your family. Sec. **You will need to create a new User ID and User Number for CAF and 1-888-LAHELP-U. Map & Directions. Added by Acts 1995, 74th Leg., ch. 1, eff. Evidence you have filed for either Social Security or Veterans Benefits. 1, eff. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. Amended by Acts 2001, 77th Leg., ch. PROBATION OF CONTEMPT ORDER. Jan. 1, 2000. Map & Directions. Acts 2007, 80th Leg., R.S., Ch. 13, eff. What happens if you miss the enforcement hearing? 19, eff. The claimant shall grant the request and discharge any lien on the excess amount unless the security for the arrearages would be impaired. (f) The requirement under Subsections (a)(3) and (4) to provide a social security number, if known, does not apply to a lien notice for a lien on real property. The way that a party asks a court to enforce its order is through a particular type of motion, called an Order to Show Cause. Depending on the circumstances of your case, a Texas judge may issue a capias, or arrest warrant, if you fail to attend the enforcement hearing. SUBSTANTIVE CHANGE NOT ENFORCEABLE. (a) A court that renders a qualified domestic relations order or similar order retains continuing jurisdiction: (1) to amend the order to correct the order, clarify the terms of the order, or add language to the order to provide for the collection of child support; (2) to convert the amount or frequency of payments under the order to a formula that is in compliance with the terms of the pension, retirement plan, or employee benefit plan; or. Sec. 29, eff. 20, Sec. 1491, Sec. 157.009. CREDIT FOR PAYMENT OF DISABILITY BENEFITS. 28, eff. Added by Acts 1995, 74th Leg., ch. 1994 new york rangers line combinations; sheldon banks obituaries flint, mi; flutter web detect refresh page; how often did ancient africans wash their hair? (e) Subject to Subsection (f), an affidavit filed by an obligor under this section has the same effect with respect to a child support lien as an affidavit filed under Section 52.0012, Property Code, has with respect to a judgment lien. 49, eff. Sept. 1, 2001. Sept. 1, 2001. 157.324. Added by Acts 1995, 74th Leg., ch. 7, eff. Texas Child Support Enforcement Laws. 20, Sec. The court shall liberally construe this subchapter to effect payment of pension, retirement plan, or other employee benefits for the satisfaction of the obligor's child support obligation. Talk to the AAG or the DRO officer about getting a continuance of the hearing to a later date so you can hire a lawyer to represent you. These appeals are heard separate from HFS by the Bureau of Administrative Hearings. 157.216. 769, Sec. 972 (S.B. 157.163. The additional periods of possession or access: (1) must be of the same type and duration of the possession or access that was denied; (2) may include weekend, holiday, and summer possession or access; and. Federal Income Taxes for the past 2 years; Proof of health insurance premiums paid for the child; Proof of payment of child support to the obligee (canceled checks, money order receipts, etc. Sept. 1, 2003. 1, eff. (a) Notwithstanding any other provision of law, if a judgment or administrative determination of arrearages has been rendered, a claimant may deliver a notice of levy to any financial institution possessing or controlling assets or funds owned by, or owed to, an obligor and subject to a child support lien, including a lien for child support arising in another state. 20, Sec. Added by Acts 1995, 74th Leg., ch. Sept. 1, 2001. 21, eff. September 1, 2017. April 20, 1995. Added by Acts 1995, 74th Leg., ch. 157.166. If a court finds a parent to be behind on child support payments, the judge may have that parent arrested for non-payment. Usually, each party and their respective legal counsel attends the conference. 157.001. 157.426. 767 (S.B. (b) A request by the relator for costs, attorney's fees, and necessary travel and other expenses under Chapter 106 or 152 is not a waiver of immunity to civil process. 1262, Sec. September 1, 2011. 157.331. 27, eff. September 1, 2007. (a) A motion for enforcement as provided in this chapter may be filed to enforce any provision of a temporary or final order rendered in a suit. Sept. 1, 1997; Acts 2001, 77th Leg., ch. September 1, 2011. 157.064. If the obligor fails to timely file suit, the Title IV-D agency may request the financial institution to release and remit the funds subject to levy. (c) The movant may attach to the motion a copy of a payment record. April 20, 1995. (a) If a party has been ordered under Chapter 105 to provide the court and the state case registry with the party's current mailing address, notice of a hearing on a motion for enforcement of a final order or on a request for a court order implementing a postjudgment remedy for the collection of child support may be served by mailing a copy of the notice to the respondent, together with a copy of the motion or request, by first class mail to the last mailing address of the respondent on file with the court and the registry. 1023, Sec. 157.002. . If the obligor requests to execute a bond or to post security pending a hearing by an appellate court on a writ, the bond or security on forfeiture shall be payable to the obligee. Section 664, and, subsequently, the amount of that credit is reduced because the refund was adjusted because of an injured spouse claim by a jointly filing spouse, the tax return was amended, the return was audited by the Internal Revenue Service, or for another reason permitted by law, the court shall render a new cumulative judgment to include as arrearages an amount equal to the amount by which the credit was reduced. Do not bring children to court with you. Sec. 1, eff. (b) An amended domestic relations order or similar order under this section must be submitted to the plan administrator or other person acting in an equivalent capacity to determine whether the amended order satisfies the requirements of a qualified domestic relations order or similar order. May 26, 2009. 20, Sec. 185 (H.B. Acts 2021, 87th Leg., R.S., Ch. (a) If the court finds that the respondent has failed to make child support payments, the court shall order the respondent to pay the movant's reasonable attorney's fees and all court costs in addition to the arrearages. 228), Sec. Amended by Acts 1999, 76th Leg., ch. (c) A person who sends the notice shall file of record a certificate of service showing the date of mailing and the name of the person who sent the notice. Overtown Transit Village, South Tower. (b) An order under this section is not subject to interlocutory appeal. 17, eff. 751, Sec. Tables explaining child support guidelines when the obligor has less than $1,000/month in net resources. 17, eff. 157.373. 4, eff. Added by Acts 1995, 74th Leg., ch. The Child Protective Services Division investigates reports of abuse and neglect of children. (b) The court shall order the registry to pay the funds from a forfeited bond or security deposit to the obligee or person or entity entitled to receive child support payments in an amount that does not exceed the child support arrearages or, in the case of possession of or access to a child, to the person entitled to possession or access. Violating a family court order occurs in situations such as parents being late to pick up children or simply not paying child support. (c) Except as provided by Subsection (d), for good cause shown, the court may waive the requirement that the respondent pay attorney's fees and costs if the court states the reasons supporting that finding. DEFAULT JUDGMENT. LIABILITY FOR FAILURE TO COMPLY WITH ORDER OR LIEN. 157.501. (b) The voluntary relinquishment must have been for a time period in excess of any court-ordered periods of possession of and access to the child and actual support must have been supplied by the obligor. Typically it is best to secure the court order early on in the process so that child support payments can begin. Tables explaining child support guidelines when the obligor has less than $1,000/month in net resources. If the property or right to property on which a notice of levy has been filed does not produce money sufficient to satisfy the amount of child support arrearages identified in the notice of levy, the claimant may proceed to levy on other property of the obligor until the total amount of child support due is paid. 1, eff. How is child support calculated? 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 1, eff. 20, Sec. September 1, 2007. Many courts do issue warrants, making county jails a resting stop for parents who don't pay child support and fail to show up in court. 281-810-9760. A possession and access order, with holidays and vacations included, needs to be established. (c) A clarified order does not affect the finality of the order that it clarifies. These include fines, compensatory visitation, a change in custody arrangements, and even jail time. (4) a statement that it is a cumulative judgment for the amount of child support owed. Sec. Added by Acts 1995, 74th Leg., ch. 972 (S.B. (5) is the subject of an agreement under Chapter 4. Added by Acts 1995, 74th Leg., ch. Respondents with lawyers are usually seen first, no matter when they check in with the clerk. Report this Evader. (f) If the respondent is not in custody, an appointed attorney is entitled to not less than 10 days from the date of the attorney's appointment to respond to the movant's pleadings and prepare for the hearing. Once they do, you can meet with them to discuss the legal issue you are in court to resolve. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 2001. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. RECORDING AND INDEXING LIEN. Sept. 1, 2001. Establishment and enforcement of medical support; Collection and distribution of payments; Modification of child support orders; Enforcement of spousal support orders if child support is also involved; Note: The Child Support Program cannot help with civil matters such as divorce petitions, custody, or parenting time/visitation, nor can they . 1, eff. 1023, Sec. 3, eff. RESPONDENT TO PAY ATTORNEY'S FEES AND COSTS. 19, eff. RELATION TO MOTION FOR CONTEMPT. Sept. 1, 2001. If you hire a lawyer, talk to a lawyer familiar with child support enforcement cases. 420, Sec. TERM OF COMMUNITY SUPERVISION. (f) Subsections (b) and (c) apply to a money judgment for child support rendered on or after January 1, 2002. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sec. 157.113. June 19, 2009. Unfortunately, for people who make under that $9,200 per month threshold of support, especially the ones who make right up to it, it's typically not a fair process. Sec. 3121), Sec. The words parentage and enforcement will be in the titles of the documents filed. Acts 2007, 80th Leg., R.S., Ch. RECORD. Added by Acts 1995, 74th Leg., ch. June 14, 2013. 281-810-9760. (b) The court may enforce by contempt any provision of a temporary or final order. The court may place the respondent on community supervision and suspend commitment if the court finds that the respondent is in contempt of court for failure or refusal to obey an order rendered as provided in this title. If the court places the respondent on community supervision and suspends commitment, the terms and conditions of community supervision may include the requirement that the respondent: (1) report to the community supervision officer as directed; (2) permit the community supervision officer to visit the respondent at the respondent's home or elsewhere; (3) obtain counseling on financial planning, budget management, conflict resolution, parenting skills, alcohol or drug abuse, or other matters causing the respondent to fail to obey the order; (4) pay required child support and any child support arrearages; (5) pay court costs and attorney's fees ordered by the court; (6) seek employment assistance services offered by the Texas Workforce Commission under Section 302.0035, Labor Code, if appropriate; and. RETENTION OF JURISDICTION. Should I ask for a lawyer at an enforcement hearing? Do not be afraid to speak to the judge. 1726), Sec. (b) If the claimant refuses the request, the holder of the personal property or the obligor may file suit under this subchapter for an order determining the amount of arrearages and discharging excess personal property or money from the lien. (a) If a person having actual notice of the lien possesses nonexempt personal property of the obligor that may be subject to the lien, the property may not be paid over, released, sold, transferred, encumbered, or conveyed unless: (1) a release of lien signed by the claimant is delivered to the person in possession; or. 157.330. 157.007. 21, eff. This is called a show cause hearing. Amended by Acts 1997, 75th Leg., ch. APPLICATION OF BOND PENDING WRIT. Amended by Acts 1997, 75th Leg., ch. June 19, 2009. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 649, Sec. April 20, 1995. Sec. One will not be appointed for you. Child support enforcement matters are generally handled by state and local authorities, and not by the federal government. The judge may not let you testify until you have spoken to an attorney. In most states, parents must pay a separate filing fee to get a parenting time order. (b) The Title IV-D agency may not deliver a notice of levy under this section if probate proceedings relating to the obligor's estate have commenced. FORECLOSURE OR SUIT TO DETERMINE ARREARAGES. Sec. 556, Sec. Sec. Houston Office. Special thanks to Texas A&M University School of Law, Family Law and Veterans Advocacy Clinic for its contribution to this article. 20, Sec. Sec. Support Enforcement Services contacts the other parent to obtain information needed to determine the right amount of support to be paid and the availability of medical . 16, eff. Should I bring evidence to court of the insurance premiums I pay, either personally or through my employer, for the child? Sept. 1, 1997; Acts 2001, 77th Leg., ch. 972 (S.B. 4, eff. 20, Sec. TIME ALLOWED TO COMPLY. Yes. 6, eff. (b) If the court determines that incarceration is a possible result of the proceedings, the court shall inform a respondent not represented by an attorney of the right to be represented by an attorney and, if the respondent is indigent, of the right to the appointment of an attorney. Amended by Acts 1997, 75th Leg., ch. (a) A court may clarify an order rendered by the court in a proceeding under this title if the court finds, on the motion of a party or on the court's own motion, that the order is not specific enough to be enforced by contempt. 1, eff. Contact us today at (832) 210-2669 to speak with a child custody attorney in Texas who has the skill, experience, and willingness to go above and beyond for your case. 865), Sec. Amended by Acts 1997, 75th Leg., ch. 508 (H.B. The federal form of lien notice does not require verification when used by the Title IV-D agency. 538 (S.B. (b) If the respondent is released without posting bond or security, the court shall set a hearing on the alleged contempt at a designated date, time, and place and give the respondent notice of hearing in open court. Sept. 1, 1997; Acts 1999, 76th Leg., ch. This article discusses child support in Texas, including how to get or change a child support order. 556, Sec. 286), Sec. The relator is subject to process and jurisdiction in that court only for the purpose of prosecuting the writ. The amount of child support that is ordered by the court, whether it is by agreement or not, is . I need a divorce. Free. 1, eff. A parole violation hearing is an administrative proceeding or preliminary hearing that is often held before a judge or parole board. (c) The filing of a lien notice or abstract of judgment with the county clerk is a record of the notice and has the same effect as any other lien notice with respect to real property records. Top. April 20, 1995. Read Texas Family Code 153.003, 153.004, 153.005, 153.006, and 153.007 for more information. (d) A financial institution that receives a notice of levy under this section shall notify any other person having an ownership interest in an account in which the obligor has an ownership interest that the account has been levied on in an amount not to exceed the amount of the child support arrearages identified in the notice of levy. (a) If the respondent fails to appear at the hearing as directed, the court shall order that the appearance bond or security be forfeited and that the proceeds of any judgment on the bond or security, not to exceed the amount of child support arrearages determined to exist, be paid to the obligee or to a person designated by the court. 859 (S.B. Section 601 et seq. 751, Sec. Amended by Acts 2003, 78th Leg., ch. ); Proof of extra payments for child support (canceled checks, money order receipts, etc. (d) If the court finds that the respondent is in contempt of court for failure or refusal to pay child support and that the respondent owes $20,000 or more in child support arrearages, the court may not waive the requirement that the respondent pay attorney's fees and costs unless the court also finds that the respondent: (1) is involuntarily unemployed or is disabled; and. Houston, TX 77068. (e) A notice of a lien for child support under this section may be in the form authorized by federal law or regulation. (c) An obligor may plead as an affirmative defense to an allegation of contempt or of the violation of a condition of community service requiring payment of child support that the obligor: (1) lacked the ability to provide support in the amount ordered; (2) lacked property that could be sold, mortgaged, or otherwise pledged to raise the funds needed; (3) attempted unsuccessfully to borrow the funds needed; and. Amended by Acts 1997, 75th Leg., ch. 311, Sec. 1, eff. Amended by Acts 1999, 76th Leg., ch. 157.504. If you have other items that can prove your testimony to the court is true, bring them with you. (b) If a payment date is not stated in the order, a child support payment is delinquent if payment is not received by the registry or the obligee or entity specified in the order on the date that an amount equal to the support payable for one month becomes past due. If your notice says that your hearing is virtual, you should read Virtual Court and Child Support (IV-D) for information on appearing virtually. April 20, 1995. Added by Acts 1995, 74th Leg., ch. Amended by Acts 1997, 75th Leg., ch. (c) Notice of hearing on a motion for enforcement of a final order providing for child support or possession of or access to a child, any provision of a final order rendered against a party who has already appeared in a suit under this title, or any provision of a temporary order shall be given to the respondent by personal service of a copy of the motion and notice not later than the 10th day before the date of the hearing. (b) The lien secures payment of all child support arrearages owed by the obligor under the underlying child support order, including arrearages that accrue after the lien notice was filed or delivered as provided by Section 157.314. (2) does not appear at the designated time, place, and date to respond to the motion. 3121), Sec. How to get a divorce when you and your spouse have children younger than 18 (or still in high school). Acts 2015, 84th Leg., R.S., Ch. January 1, 2010. After all, the noncustodial parent is required to help the custodial parent financially support the child. (a) The court may order the respondent to execute a bond or post security if the court finds that the respondent: (1) has on two or more occasions denied possession of or access to a child who is the subject of the order; or. Will I be responsible for attorneys' fees or court costs if I've been found to owe back child support in an enforcement hearing? APPOINTMENT OF ATTORNEY. September 1, 2007. June 14, 2013. Acts 2007, 80th Leg., R.S., Ch. April 20, 1995. Sec. If you do not understand what the AAG or the DRO has given you to sign, ask for a continuance from the judge so you can consult with a lawyer. 610, Sec. 911, Sec. (c) The court may order that all or part of the forfeited amount be applied to pay attorney's fees and costs incurred by the person or entity bringing the motion for contempt or motion for forfeiture. June 15, 2007. (b) If the court finds that the respondent has failed to comply with the terms of an order providing for the possession of or access to a child, the court shall order the respondent to pay the movant's reasonable attorney's fees and all court costs in addition to any other remedy. 157.266. Not all child support hearings happen in . 157.005. 8, eff. The payment of child support and visitation with the child are two separate issues. Free. 31, eff. 20, Sec. 1, eff. 972 (S.B. (a) The issue of the existence of an affirmative defense to a motion for enforcement does not arise unless evidence is admitted supporting the defense. Do not be afraid to speak to the judge. (4) the cumulative arrearage as of the final date of the record. If you are given notice of a CSRP, call the statewide child support call center ( 1-800-252-8014) immediately and request that the CSRP be cancelled due to family violence concerns. (2) the party does not object to the court's jurisdiction or the form or manner of the notice of hearing. 30, eff. You can review those in your leisure time (sounds like fun!) The number of children you have equates to a percentage. Added by Acts 1995, 74th Leg., ch. April 20, 1995. June 19, 2009. Sec. Once you find the IV-D Court you are scheduled to be in, sign in with the clerk from the Office of the Attorney General (OAG) or with the clerk assigned from your countys Domestic Relations Office (DRO). (c-1) A respondent may offer evidence controverting the contents of a payment record under Subsection (c). Sec. Acts 2011, 82nd Leg., R.S., Ch. Sec. (b) The court may disregard brief periods of possession and control by the relator during the 6-month period. 52, eff. Bring as much of the following information as possible. Whether a parent should go to jail or face other penalties for not paying court-ordered child support, medical child support, or health insurance premiums. 477, Sec. (a) Interest accrues on the portion of delinquent child support that is greater than the amount of the monthly periodic support obligation at the rate of six percent simple interest per year from the date the support is delinquent until the date the support is paid or the arrearages are confirmed and reduced to money judgment.