in the Interest of N.T., a Child
335 S.W.3d 660
| Tex. App. | 2011Background
- Omar Thomas and Leah Wayne have a daughter Natalia; they never married and Natalia resided with Wayne.
- Natalia was diagnosed with acute lymphoblastic leukemia in 2008, requiring long chemotherapy.
- Trial court referenced the associate judge's findings; Wayne sought child support and arrears; Thomas disputed amounts and income.
- Thomas testified to sporadic or modest earnings; Wayne testified to higher earnings and earnings from international basketball.
- The trial court imputed $7,000 monthly income to Thomas and calculated net resources of $2,200, ordering $1,500 monthly support and $30,172.94 arrears.
- Thomas challenged sufficiency of evidence, deviation from guidelines, admissibility of testimony; appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal and factual sufficiency of resources and income | Thomas contends net resources and imputed income are insufficient. | Wayne argues evidence supports higher income and imputed $7,000/month. | Supported; findings sustained |
| Compliance with 154.130 findings for deviation | Thomas argues the deviation reasons are not specific. | Wayne asserts sufficient findings and credibility determinations. | Findings comply; no abuse of discretion |
| Arrearage sufficiency for retroactive support | Thomas argues arrears amount is too high or not properly calculated. | Wayne cites retroactive support allowed; evidence supports amount. | Arrearage supported; amount within evidence |
| Reliance on prior hearing testimony | Thomas contests that transcript review was improper. | Wayne/Thomas acquiesced; de novo review permitted to consider prior record. | Issue waived; otherwise not preserved |
| Scope of notice and evidence presentation | Thomas argues issues beyond notice; the illness and underemployment issues contested. | Wayne asserts consent and trial by consent; issues tried on the merits. | Issues not preserved; tried by consent |
Key Cases Cited
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (standard of review for legal sufficiency)
- In re J.A.H., 311 S.W.3d 536 (Tex. App. – El Paso 2009) (credibility and weight of conflicting evidence; defer to fact finder)
- Garner v. Garner, 200 S.W.3d 303 (Tex. App. – Dallas 2006) (trial court not required to accept obligor’s income evidence as truth)
- Hardin v. Hardin, 161 S.W.3d 14 (Tex. App. – Houston [14th Dist.] 2004) (court may determine higher net resources based on other evidence)
- Worford v. Stamper, 801 S.W.2d 108 (Tex. 1990) (abuse of discretion standard for child-support findings)