Rumscheidt v. Rumscheidt, 362 S.W.3d 661

2006 Nebraska divorce; two children; Mark earned about $72,000 per year at time of decree.
Betty and the children moved to Houston; Mark remained in Nebraska until April 2008 when he moved to Houston.
Summer 2009 trial: Mark sought to modify child support; testified to reduced income (Bank of America teller: $18,000 starting 2008; $25,400 by trial) and parental subsidies.
Betty testified Mark paid less than full support between June and October 2008; arrears of $1,428.80; later paid off arrears.
Trial court denied modification; Mark moved for reconsideration; order denying modification affirmed on appeal.
On appeal, court held: (i) trial court erred by not issuing Rule 296/297 findings of fact and conclusions of law, but (ii) no harm shown; (iii) no abuse of discretion in denying modification; and (iv) issues related to voluntary underemployment and guideline amount not reached beyond ruling on material change.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred in denying findings of fact and conclusions of law under Rule 296/297	Rumscheidt argued timely request; court failed to file	Betty relying on cases limiting such findings	Trial court erred by not filing, but no harm shown
Whether there was a material and substantial change in circumstances warranting modification	Change in income and Houston relocation supported modification	No material/substantial change proven; current support reasonable	No abuse of discretion; no material/substantial change established
Whether Mark was involuntarily underemployed and whether guidelines were applicable	Underemployed due to preference for time with children	Court could consider all relevant factors; no mandate to apply guidelines	Not reached/undiscussed due to lack of material change finding

In re D.S., 76 S.W.3d 512 (Tex.App.-Houston [14th Dist.] 2002) (finding not mandatory for failure to modify; child-support context)
Terry v. Terry, 920 S.W.2d 423 (Tex.App.-Houston [1st Dist.] 1996) (findings not mandatory under prior version of §154.130)
Alsenz v. Alsenz, 101 S.W.3d 648 (Tex.App.-Houston [1st Dist.] 2003) (harm assessment for lack of timely findings; appellant not harmed)
Worford v. Stamper, 801 S.W.2d 108 (Tex. 1990) (trial court discretion; sufficiency of evidence supports order)
Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238 (Tex. 1985) (abuse of discretion standards in civil appeals)
McLane v. McLane, 263 S.W.3d 358 (Tex.App.-Houston [1st Dist.] 2008) (consideration of child-support factors; guidelines discretionary)
Holley v. Holley, 864 S.W.2d 703 (Tex.App.-Houston [1st Dist.] 1993) (guideline-based modification framework)