398 S.W.3d 193
Tex.2013Background
- Texas Supreme Court reviews arrearage finding of $500 against Meza for Granado's child for P.L.D.'s 18th birthday.
- Order from 1982 paternity case required Meza to pay $60/month until P.L.D. turned 18; direct payments treated as gifts.
- OAG closed Meza’s case in 2002 based on clerical error stating obligation ended early; total obligation acknowledged as $11,250.
- Meza testified he paid only through the OAG in Corpus Christi; Granado testified no direct payments to her.
- Trial court found $500 arrearages; court of appeals affirmed; Granado challenged lack of evidentiary support.
- Texas Supreme Court reverses and remands, holding no evidence supports $500 arrearage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is evidence to support $500 arrearages. | Granado argues evidence shows obligation remained until 18 and arrears exist. | Meza contends payments through OAG negate arrears; clerical error and record inconclusiveness do not prove $500 arrears. | No evidence supports $500 arrearages; remand for proceedings consistent with opinion. |
| Whether clerical error or Payment Record disclaimers can establish arrearages. | OAG error and Record disclaimer could imply missing payments. | Clerical error cannot modify obligation; Payment Record inconclusive lacks probative value. | Clerical error cannot serve as evidence of arrearages; Record disclaimer not evidence; arrearages not proven. |
Key Cases Cited
- Office of the Attorney General of Texas v. Burton, 369 S.W.3d 173 (Tex. 2012) (arrearage determinations require evidentiary support; otherwise reversed)
- Williams v. Patton, 821 S.W.2d 141 (Tex. 1991) (clerical errors cannot modify obligations)