In Re AD

73 S.W.3d 244, 2001 WL 1840664
CourtTexas Supreme Court
DecidedMay 30, 2002
Docket00-0337
StatusPublished
Cited by4 cases

This text of 73 S.W.3d 244 (In Re AD) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re AD, 73 S.W.3d 244, 2001 WL 1840664 (Tex. 2002).

Opinion

73 S.W.3d 244 (2002)

In the Interest of A. D., a child.

No. 00-0337.

Supreme Court of Texas.

Argued March 28, 2001.
Decided April 11, 2002.
Rehearing Overruled May 30, 2002.

*245 Rhonda Amkraut Pressley, John Cornyn, Atty. Gen. of State of Texas, Andy Taylor, First Assistant Atty. Gen., Howard G. Baldwin, First Asst. Atty. Gen., Austin, for Petitioner.

Michael Calvin Abbott, Orange, for Respondent.

Justice O'NEILL delivered the opinion of the Court.

Until 1997, the Family Code provided that trial courts retain jurisdiction for four years from the time a current child-support obligation ended to enter an order directing the obligor's employer to withhold part of the obligor's wages for delinquent support. See Act of July 16, 1989, 71st Leg., 1st C.S., ch. 25, § 29, 1989 Tex. Gen. Laws 74, 87 (former Tex. Fam.Code § 14.43(r)) (amended 1997) (current version at Tex. Fam.Code § 158.102). In 1997, amendments to the Family Code removed this four-year limitation on the court's jurisdiction to order withholding, and also *246 authorized the Attorney General to issue writs of withholding administratively, at any time until all current support and child-support arrearages have been paid. Tex. Fam.Code §§ 158.102, .502.

In this case, the obligor's regular support obligation ended in 1990, and the enforcement period expired in 1994 while the four-year limit was still in effect. In 1998, the Attorney General, acting under the amended statute, issued an administrative writ directing the obligor's employer to withhold a part of the obligor's earnings to satisfy support arrearages. We must decide whether this writ violates the Texas Constitution's prohibition against retroactive laws. Tex. Const. art. I, § 16. We hold that it does not and reverse the court of appeals' judgment.

I Background

Kenneth and Shirley Davis divorced in 1974. The divorce decree gave Shirley custody of their two children and ordered Kenneth to pay $160 per month in child support until the youngest child turned eighteen. The court did not then order Kenneth's employer to withhold these payments from his wages. In 1974 the Texas Constitution did not allow garnishment to enforce child-support obligations. See Tex. Const. art. XVI, § 28 (amended 1983); Tamez v. Tamez, 822 S.W.2d 688, 691 (Tex.App.-Corpus Christi 1991, writ denied).

Within eight years, Kenneth had missed support payments totaling, with interest, nearly $11,000. The trial court held him in contempt in September 1982. To avoid spending six months in the Jefferson County jail, Kenneth agreed to a payment plan, but he soon resumed violating the court's orders. After September 1983, Kenneth neither made support payments nor fulfilled the payment plan that had ostensibly been a condition of his probated contempt punishment. When his youngest child turned eighteen in November 1990, Kenneth owed more than $23,000 in pastdue support.

Texas voters amended the Texas Constitution in 1983 to allow wage withholding for child-support enforcement. Tex. Const. art. XVI, § 28. From the first, legislation implementing this amendment contemplated that the court with continuing jurisdiction over a support order would use wage withholding to enforce both past-due and future support obligations. See Act of May 17, 1983, 68th Leg., R.S., ch. 402, § 2, 1983 Tex. Gen. Laws 2169, 2172-73 (former Tex. Fam.Code § 14.091(p)) (repealed 1985). At the time of the constitutional amendment, the court's continuing jurisdiction expired when the child involved became an adult. See In re Brecheisen, 694 S.W.2d 438, 440 (Tex.App.-Dallas 1985, writ dism'd w.o.j.). By 1990, however, the Legislature had amended the Family Code to provide that a court retains jurisdiction to allow judicial wage-withholding orders "if the motion for income withholding is filed before the fourth anniversary of the date ... the child becomes an adult...." See Act of July 16, 1989, 71st Leg., 1st C.S., ch. 25, § 29, 1989 Tex. Gen. Laws 74, 87 (former Tex. Fam.Code § 14.43(r)(1)) (repealed 1995) (current version at Tex. Fam.Code § 158.102). Like an order holding the obligor in contempt, a wage-withholding order is available to remedy past violations of a support order whether or not the court has reduced the delinquent amount to a single, cumulative judgment.[1]*247 See Tex. Fam.Code §§ 157.002(b)(2); 158.302.

In December 1994, the Attorney General filed a motion to reduce Kenneth's unpaid support to a cumulative judgment.[2] But the Attorney General dismissed the motion after Kenneth pointed out that the four-year limit on the court's jurisdiction for reducing his past-due support to a cumulative judgment had expired in November 1994, four years after his youngest child turned eighteen. See Act of July 16, 1989, 71st Leg., 1st C.S., ch.25, § 28, 1989 Tex. Gen. Laws 74, 86 (former Tex. Fam.Code § 14.41(b)) (repealed 1995) (current version at Tex. Fam.Code § 157.005(b)).

In 1997, the Legislature adopted a statute providing for enforcement of childsupport orders by administrative writs of withholding. See Act of May 21, 1997, 75th Leg., R.S., ch. 911, § 67, 1997 Tex. Gen. Laws 2864, 2878-79 (amended 1999) (current version at Tex. Fam.Code § 158.502(a)). This statute has no express time limitation on the court's jurisdiction, and provides that the Attorney General may issue an administrative writ "at any time until all current support, including medical support, and child support arrearages have been paid." Id. At the same time it adopted the administrative withholding statute, the Legislature removed the four-year time limit for entry of a judicial writ of withholding. See id. § 40, 1997 Tex. Gen. Laws 2864, 2872-73 (amended 1999) (current version at Tex. Fam.Code § 158.102).

By June 1998, interest had increased Kenneth's delinquent support obligation to $41,000. That month, the Attorney General issued an administrative writ directing Kenneth's employer to withhold part of Kenneth's wages to remedy his violation of the court's child-support orders.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dise v. Dise
493 S.W.3d 704 (Court of Appeals of Texas, 2016)
in the Interest of J.C.K., a Minor Child
143 S.W.3d 131 (Court of Appeals of Texas, 2004)
in the Interest of R. D. and E. D., Children
102 S.W.3d 859 (Court of Appeals of Texas, 2003)
Sprouse v. Sprouse
92 S.W.3d 502 (Texas Supreme Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
73 S.W.3d 244, 2001 WL 1840664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ad-tex-2002.