Juan Ayala v. Blanca Edit Ayala
2011 Tex. App. LEXIS 5549
| Tex. App. | 2011Background
- Blanca filed for divorce in March 2008; at time, the only minor child in the home was F.A., age 14.
- Final decree (April 28, 2009) dissolved the marriage on grounds of insupportability, cruelty, and adultery; ordered child support $650/month, retroactive child support $61,498 at $150/month, and spousal maintenance $780/month for 3 years.
- Juan failed to appear at trial; Blanca presented evidence of Juan’s long-term employment and lack of prior child support payments since 1998.
- Temporary orders (July 2008) granted Blanca sole managing conservator of F.A., $150/week support, home possession, and injunctive provisions; final decree followed those terms.
- Juan filed a restricted appeal four months after judgment, challenging the judgment on grounds of insufficient evidence and other discretionary rulings; the appellate court affirms.
- There is a dissent arguing that the retroactive child support award lacked evidence of earnings during the relevant period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactive child support sufficiency | Ayala argues record lacks earnings for the relevant period. | Ayala contends court erred by using current wages to compute retroactive support. | Court held there is some probative evidence of net resources and upheld retroactive support. |
| Sufficiency of current child support | Ayala argues evidence does not support $650/month. | Ayala contends Blanca’s expenses justify $650/month. | Court held evidence supports $650/month as child support under guidelines. |
| Spousal maintenance sufficiency | Ayala claims no evidence Blanca lacked sufficient property. | Ayala concedes Blanca’s disability but argues proper consideration of resources. | Court held Blanca’s need and lack of property justified maintenance under §8.051. |
| Conservatorship determination | Ayala argues joint conservatorship or different arrangement advisable. | Ayala failed to meet F.A.’s needs; Blanca unable to work. | Court held Blanca should be sole managing conservator based on best interests and Holley factors. |
| Property division adequacy | Ayala asserts division overly favorable to Blanca; insufficient asset valuation. | Blanca had resided in home and Blanca’s health/needs warranted unequal division. | Court held division just and right under §7.001; substantial basis supported by evidence. |
Key Cases Cited
- Norman Commc’ns v. Tex. Eastman Co., 955 S.W.2d 269 (Tex. 1997) (review of record; facial sufficiency and evidentiary standards in appeals)
- Vazquez v. Vazquez, 292 S.W.3d 80 (Tex.App.-Houston [14th Dist.] 2007) (restricted appeal; face-of-record requirement; no-answer divorce context)
- Barry v. Barry, 193 S.W.3d 72 (Tex.App.-Houston [1st Dist.] 2006) (abuse of discretion in family-law rulings; evidentiary standards)
- Miles v. Peacock, 229 S.W.3d 384 (Tex.App.-Houston [1st Dist.] 2007) (restricted appeal standard; sufficiency review)
- In re J.C.K., 143 S.W.3d 131 (Tex.App.-Waco 2004) (imprecise information permissible in net resources calculations)
- Newberry v. Bohn-Newberry, 146 S.W.3d 233 (Tex.App.-Houston [14th Dist.] 2004) (broad discretion in child support with some evidence sufficient)
- Evans v. Evans, 14 S.W.3d 343 (Tex.App.-Houston [14th Dist.] 2000) (guidance on misalignment of discretion and evidentiary support)