In the Interest of J.M.W.
2014 Tex. App. LEXIS 14051
| Tex. App. | 2014Background
- Parents divorced in 1987; one child J.M.W. (born 1985) diagnosed with ADHD and bipolar disorder and found incapable of self-support; lived with mother.
- Mother filed to modify support in 2011 seeking indefinite support for adult disabled child; trial held 2013; court found child eligible for support.
- Evidence: child receives SSI ($473.24/mo), earns ~$758/year from workshop, monthly needs ~$2,196; mother earns ~$1,620/mo; father’s income varied, recent base $4,000/mo plus 25% commission; father’s wife had substantial income shown on joint tax returns (~$150,000 combined in earlier years).
- Trial court ordered father to pay $1,500/mo prospectively and $1,500/mo retroactively to April 2011; found father’s available monthly resources were $12,500 (based on joint returns) and declined to segregate spouse’s income; awarded mother $28,454.01 in attorney’s fees.
- Father requested statutory findings (Tex. Fam. Code §154.130) and sought to reopen evidence to introduce a 2002 premarital agreement; trial court denied reopening and issued limited findings; father appealed.
Issues
| Issue | Mother’s Argument | Father’s Argument | Held |
|---|---|---|---|
| Whether §154.306 (adult disabled child factors) is exclusive or supplemental to general child support statutes | §154.306 supplies the controlling factors—court may rely on it without applying general guidelines | §154.306 requires "special" consideration but does not displace general provisions (guidelines, net-resource computation, etc.) | Court: §154.306 is not exclusive; it must be applied together with other Family Code provisions (e.g., §§154.061–.070, .121–.131); trial court erred by treating §154.306 as exclusive (reversed on support amount) |
| Whether the trial court may include a new spouse’s income in obligor’s net resources | Court allowed consideration of spouse’s resources under §154.306(3) | Spouse’s net resources may not be added to obligor’s net resources (Tex. Fam. Code §§154.069, 156.404) | Court: trial court improperly relied on joint tax returns and effectively considered spouse’s income; prohibitions on adding spouse’s net resources remain applicable; failure to make required §154.130 findings reversible |
| Whether trial court abused discretion by refusing to reopen evidence to admit premarital agreement | N/A (mother opposed reopening) | Premarital agreement would show wife’s earnings/separate property and rebut inclusion of her income | Court: denial not an abuse of discretion—agreement was available at trial and would not be decisive given statutory prohibitions on adding spouse’s resources |
| Whether attorney’s fees award should be set aside given other errors | Mother prevailed on modification that child is disabled; fees are reasonable | Father argued fee award should be vacated because support award was erroneous | Court: mother substantially prevailed; award of reasonable fees was not an abuse of discretion, but remanded to permit trial court to reconsider fee amount after recalculating support |
Key Cases Cited
- Worford v. Stamper, 801 S.W.2d 108 (Tex. 1990) (abuse-of-discretion standard for child support orders)
- Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (appellate review scope; courts have no discretion in determining what the law is)
- City of Rockwall v. Hughes, 246 S.W.3d 621 (Tex. 2008) (statutory construction principles)
- Helena Chem. Co. v. Wilkins, 47 S.W.3d 486 (Tex. 2001) (statutory interpretation requires reading provisions in context)
- In re Ford Motor Co., 442 S.W.3d 265 (Tex. 2014) (importance of context in textual analysis)
- Bruni v. Bruni, 924 S.W.2d 366 (Tex. 1996) (trial court discretion to award attorney’s fees)
- Tenery v. Tenery, 932 S.W.2d 29 (Tex. 1996) (harm analysis for omitted findings)