In Re ALS
338 S.W.3d 59
Tex. App.2011Background
- Brown and Stackhouse divorced in 1985; Stackhouse ordered to pay $400 monthly child support and provide insurance.
- 1979 modification in 1990 increased support to $565 monthly for four children with a separate $158 monthly medical-support obligation to Brown for insurance.
- Brown failed to obtain medical insurance; Stackhouse testified he provided insurance since 1994; Brown testified she lacked access to group coverage.
- In 2006 Brown sought IV-D services; 2007 wage-withholding began; Stackhouse challenged writ and Brown sought arrearage confirmation.
- 2009: OAG sought to confirm substantial arrearages; Brown absent at hearing; court initially ruled Stackhouse owed nothing and dismissed Brown’s claims; Brown later obtained new trial and pending hearings.
- 2009: Final judgment awarded $1,756.87 child-support arrears, $0 medical arrears, with post-judgment interest; Brown appealed challenging multiple aspects including medical arrears and pre-judgment interest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Arrearage amount sufficiency | Brown contends evidence supports more than $1,756.87. | Stackhouse argues evidence supports only $1,756.87; Brown failed to prove more. | No abuse; some evidence supports award; affirmed amount. |
| Pre-judgment interest on arrearage | Brown sought pre- and post-judgment interest; trial court erred by denying pre-judgment interest. | Interest should follow statute; Brown did not prove calculation details; pre-judgment interest not awarded. | Abused discretion; pre-judgment interest required; remand for calculation. |
| Medical-support arrearage | Stackhouse owed medical arrears under $158/month; Brown sought medical-arrearage and costs. | Court should have offset or extinguish medical arrearage due to Brown's failure to obtain insurance; offset not properly supported. | Abused discretion; reverse and remand to determine medical-arrearage amount and related interest/fees. |
| Attorney's fees | Brown sought attorney's fees following failure to pay child-support. | Brown must prove reasonable fees; no evidence presented. | No abuse; zero fees proper due to lack of evidence. |
| Writ of withholding stay | Writ stayed incorrectly; court should have determined arrearages first. | Record shows writ terminated as health-insurance issue resolved; no abuse. | Not abused; writ termination within court’s discretion given record; affirmed. |
Key Cases Cited
- Chenault v. Banks, 296 S.W.3d 186 (Tex.App.-Houston [14th Dist.] 2009) (abusive discretion standard; interest on arrearage is mandatory)
- In re M.C.R., 55 S.W.3d 104 (Tex.App.-San Antonio 2001) (trial court acts as scrivener; cannot deviate in calculating arrearage interest)
- Beck v. Walker, 154 S.W.3d 895 (Tex.App.-Dallas 2005) (offsets and equitable considerations limited; not all offsets authorized)
- Worford v. Stamper, 801 S.W.2d 108 (Tex.1990) (abuse of discretion standard in reviewing child-support orders)
- Intercontinental Group P'ship v. KB Home Lone Star L.P., 295 S.W.3d 650 (Tex. 2009) (attorney's fees evidentiary requirements; burden on movant)