in the Interest of C.H.C. a Child
2013 Tex. App. LEXIS 1107
| Tex. App. | 2013Background
- In 1998, Mother filed for paternity; Father was adjudicated the biological father; parties never married.
- 2004 SAPCR order established child support and possession; subsequent disputes led to modification petitions and enforcement filings.
- 2008 trial court reduced Father's child support from $1200 to $966.84 after finding a material change in circumstances.
- The trial court also modified Father's summer visitation, increasing his possession; the court found it in C.H.C.'s best interest but did not explicitly find a change in circumstances.
- Mother was found in contempt on two occasions for not delivering C.H.C. per the 2004 order; a jail sentence was suspended and replaced with 36 months of community supervision.
- This court granted rehearing, withdrew a prior opinion, and issued a new opinion reversing in part and dismissing in part the contempt appeal, with judgment entered February 6, 2013.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a material and substantial change to modify child support | Mother | Father | Modification not supported; evidence legally insufficient; abuse of discretion; support order reversed |
| Whether there was a material and substantial change to modify summer visitation | Mother | Father | No substantial change shown; modification not supported; trial court abused discretion |
| Whether the December 4, 2008 contempt order is reviewable on direct appeal and within jurisdiction | Mother | Mother | Appeal dismissed for lack of jurisdiction |
Key Cases Cited
- Hammond v. Hammond, 898 S.W.2d 406 (Tex. App.—Fort Worth 1995) (burden to show material change; substantial change required)
- London v. London, 94 S.W.3d 139 (Tex. App.—Houston [14th Dist.] 2002) (necessity of data for comparing financial circumstances)
- Hodson v. Keiser, 81 S.W.3d 363 (Tex. App.—El Paso 2002) (burden to show material change in financial circumstances)
- Baker v. Baker, 719 S.W.2d 672 (Tex. App.—Fort Worth 1986) (significance of evidence supporting implied findings)
- In re W.C.B., 337 S.W.3d 510 (Tex. App.—Dallas 2011) (threshold requirement to show material and substantial change)
- Bates v. Tesar, 81 S.W.3d 411 (Tex. App.—El Paso 2002) (stability and substantial hurdles to modification of possession orders)