443 S.W.3d 373
Tex. App.2014Background
- Scruggs (father) and Linn (mother) divorced in 2002; they had two daughters and were named joint managing conservators. Scruggs was ordered to pay $1,250/month child support.
- Scruggs filed a 2008 petition to modify conservatorship seeking primarily custody/residence changes and initially sought termination of his child support obligation; he later amended to seek support from Linn instead.
- Linn counter-petitioned for the right to determine domicile, increased and retroactive child support, and attorney’s fees; the children’s amicus attorney sought her fees.
- The parties executed a “Binding Mediated Settlement Agreement — Partial SAPCR” (MSA) that: set future child support (Linn to pay $1,160.60/month starting June 1, 2010), reserved retroactive child support for the court, split counseling fees, and required payment arrangements for amicus fees (balance owed prior to trial paid by the owing parent; trial fees split 50/50).
- At bench trial the court awarded Linn retroactive child support (net $11,341), ordered Scruggs to pay Linn’s attorney’s fees and various costs (including counseling, a $925 parenting-coordinator fee, and amicus attorney fees). Scruggs appealed.
Issues
| Issue | Plaintiff's Argument (Scruggs) | Defendant's Argument (Linn) | Held |
|---|---|---|---|
| Whether the trial court’s award of Linn’s attorney’s fees conflicted with the MSA | MSA is partial and reserved only retroactive support for trial, so awarding Linn attorney’s fees contradicts MSA | MSA is partial and silent on attorney’s fees; Family Code §157.167 mandates fee awards against respondents who fail to pay support | Court: Fee award not contrary to MSA; trial court did not abuse discretion in awarding Linn fees under Family Code §157.167 (no good-cause waiver shown) |
| Whether costs (counseling, parenting coordinator, amicus fees) were awarded contrary to the MSA | Costs awarded deviate from MSA terms—amicus fees pre-trial and trial-balance allocations inconsistent with MSA | MSA did not address all specific fees; statute may require some fees be shifted | Court: Counseling and parenting-coordinator fees OK under MSA; amicus fees unclear and inconsistent with MSA allocation — reversed and remanded to determine pre-trial vs. trial amounts and allocate per MSA |
| Whether the Family Code authorized/mandated the attorney’s-fee award against Scruggs | Trial court misapplied statute; both parties failed to pay support so fees should not be imposed on Scruggs | §157.167 requires respondent who failed to pay support to pay movant’s reasonable fees unless good cause shown; Scruggs failed to show good cause | Court: §157.167 applies; trial court properly found Scruggs failed to show good cause and did not abuse discretion in ordering fees |
| Whether Scruggs had a live claim at trial to terminate his child-support obligation (affecting retroactive support award) | Scruggs contends he sought termination as of filing and MSA preserved retroactive-issue notice so award was improper | Scruggs amended his petition to seek support from Linn; MSA reserved retroactive support for the court without assigning claims to a specific parent | Court: Amended petition superseded earlier termination request; trial court did not abuse discretion in awarding retroactive support to Linn |
Key Cases Cited
- In re Lee, 411 S.W.3d 445 (Tex. 2013) (trial court generally must enforce a statutorily compliant mediated settlement agreement)
- Worford v. Stamper, 801 S.W.2d 108 (Tex. 1990) (abuse-of-discretion standard explained)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (trial court is sole judge of witness credibility; standard for evidentiary sufficiency)
- In re D.S., 76 S.W.3d 512 (Tex. App.—Houston [14th Dist.] 2002) (requirements for modification of child-related orders)
- In re T.J.L., 97 S.W.3d 257 (Tex. App.—Houston [14th Dist.] 2002) (no abuse of discretion where record contains substantial and probative evidence supporting court's ruling)
- J.M. Huber Corp. v. Santa Fe Energy Res., Inc., 871 S.W.2d 842 (Tex. App.—Houston [14th Dist.] 1994) (an amended petition supersedes prior pleadings)
- Stewart Title Guar. Co. v. Sterling, 822 S.W.2d 1 (Tex. 1991) (party seeking attorney’s fees bears burden of proof)