338 S.W.3d 184
Tex. App.2011Background
- Divorce of Isaacs and Parton in 1976; child-support duty for the only child ended in 1986.
- In 2009 Parton filed a 157.313 child-support lien and 158.301 judicial writ of withholding, alleging >$103,000 arrearage and proposing $4,569.74 monthly withholding.
- Isaacs did not file a stay within 10 days; he later moved to set aside the lien and disputed arrearages and amount.
- Trial court held a hearing, found subject-matter jurisdiction, and rendered judgment for arrearages, fees, liens, and a writ of withholding under 157.323 and 158.309; rejected 157.005 challenge and 34.001 applicability.
- Isaacs argued 157.005(b) deprives jurisdiction and 34.001 bar; court held 157.005(b) does not limit relief to 157.263, and 34.001(c) does not apply to a child-support judgment.
- The judgment was affirmed; issues regarding attorney’s fees were not reached due to no reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does §157.005 deprive the trial court of jurisdiction? | Isaacs: §157.005(b) conflicts with §§157.323, 158.309. | Parton: remedies exist under multiple provisions; not precluded. | No; §157.005(b) does not deprive jurisdiction; remedies under §157.323/§158.309 valid. |
| Does §34.001 bar the judgment for arrearages? | Isaacs: dormant judgments not revived, barred after ten years. | Parton: amended §34.001(c) does not apply to child-support judgments. | No; §34.001(c) excludes child-support judgments; argument lacks merit. |
| Are child-support liens, levies, and income withholding proper remedies? | Isaacs: challenged same theories as §157.005 and §34.001; no relief. | Parton: remedies authorized and properly applied. | Yes; liens, levies, and withholding properly awarded and upheld. |
| Should the attorney’s fees issue be addressed if the judgment is not reversed? | Isaacs: reversal would affect fees. | Fees issue contingent on reversal; not addressed. | Not addressed; no reversal occurred. |
Key Cases Cited
- In re A.D., 73 S.W.3d 244 (Tex. 2002) (outlining remedies for failure to pay child support)
- Burnett-Dunham v. Spurgin, 245 S.W.3d 14 (Tex.App.-Dallas 2007) (interpretation of §34.001 and limitations on dormant judgments)
- In re S.C.S., 48 S.W.3d 831 (Tex.App.-Houston [14th Dist.] 2001) (statutory interpretation of §157.005(b) and jurisdiction)