In re Interest of C.Y.K.S.

549 S.W.3d 588
CourtTexas Supreme Court
DecidedJune 8, 2018
DocketNo. 17–0214
StatusPublished
Cited by9 cases

This text of 549 S.W.3d 588 (In re Interest of C.Y.K.S.) 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 Interest of C.Y.K.S., 549 S.W.3d 588 (Tex. 2018).

Opinion

PER CURIAM

Texas Family Code section 231.211(a) prohibits courts from assessing costs at the conclusion of a Title IV-D case against a party who was provided services by the Title IV-D agency. In this case, we are asked whether this prohibition applies to courts of appeals. We hold that it does.

Shana Williams, mother of C.Y.K.S., filed a suit affecting the parent-child relationship, which resulted in a determination that Christopher Spates was the child's father and an order that he pay child support. The Office of the Attorney General (OAG) filed a motion to enforce the child support order on Williams's behalf in 2008. However, the record indicates that Spates never received notice of that action. The OAG filed another motion to enforce the following year, resulting in an agreed order against Spates.

Spates later filed what the trial court determined to be, in substance, a petition to modify the child support order. After hearings, the trial court signed a final modification order that retroactively reduced Spates's child support obligation. Williams subsequently moved to void the modification order and to dismiss Spates's modification suit based on a procedural anomaly not pertinent to this appeal. The trial court granted Williams's motion. On Spates's appeal, the court of appeals reinstated the modification order and assessed court costs against Williams. 515 S.W.3d 531, 533-34 (Tex. App.-Houston [14th Dist.] 2017). The OAG moved for rehearing regarding the assessment of costs, arguing that Texas Family Code section 231.211(a)

*590prohibits such an assessment. The court of appeals denied the motion, concluding that the prohibition did not apply to appellate courts. The OAG filed, and Williams joined, a petition for review in this Court raising the sole issue of whether appellate costs were properly assessed against Williams.

As a threshold matter, we must address whether the OAG had standing to file this petition challenging the assessment of appellate costs against another party. We hold that it did. As the state's Title IV-D agency, TEX. FAM. CODE § 231.001, the OAG has broad statutory standing to file "child support action[s]" in the course of providing chapter 231 services, id. § 102.007. Chapter 231 in turn authorizes the Title IV-D agency to provide, among other services, assistance with paternity determination and with the establishment, review, adjustment, and enforcement of child support orders. Id. § 231.101; see also id. § 101.006 (defining "child support services"). It is undisputed that the OAG had standing to litigate the underlying child support modification dispute. Moreover, section 109.002 provides that "[a]n appeal may be taken by any party to a suit from a final order rendered" in a child support action. Id. § 109.002(b). Though the Family Code does not separately identify court costs as a Title IV-D issue for the OAG to litigate, it is fairly understood as a continuation of the underlying child support action. See Ex parte Helms , 152 Tex. 480, 259 S.W.2d 184, 189 (1953) (holding that fees and costs from the proceeding were "incidental to and a part of" child support payments such that the longstanding child support exception to the prohibition of imprisonment for debts applies to fees and costs); Ex parte Binse , 932 S.W.2d 619, 621 (Tex. App.-Houston [14th Dist.] 1996, no writ) (same). Thus, the OAG's general statutory standing to file child support actions and the ability of any party to appeal a final child support order combine to provide the OAG with standing in the instant appeal. Where, as here, the issue of costs arises from a child support action in which the OAG had standing, it retains that standing to appeal the assessment of costs against a party to whom it provided chapter 231 services.

Accordingly, we turn to the substantive issue presented-the proper interpretation of Family Code section 231.211(a), which states:

At the conclusion of a Title IV-D case, the court may assess attorney's fees and all court costs as authorized by law against the nonprevailing party, except that the court may not assess those amounts against the Title IV-D agency or a private attorney or political subdivision that has entered into a contract under this chapter or any party to whom the agency has provided services under this chapter. Such fees and costs may not exceed reasonable and necessary costs as determined by the court.

TEX. FAM. CODE § 231.211(a) (emphasis added). The OAG argues that this provision bars the assessment of appellate costs against Williams because a Title IV-D case includes proceedings on appeal and because the OAG provided chapter 231 services to Williams.1 The court of appeals reasoned, and Spates agrees, that the surrounding words in the provision preclude its application to appellate courts. See 515 S.W.3d at 534. Specifically, the court of appeals determined that the common meaning of the word "conclusion" requires that the provision apply only once in the *591lifespan of a case.2 Id. Citing the restriction in the final sentence-that any assessment of fees or costs may not exceed what the court deems "reasonable and necessary"-the court of appeals reasoned that a case's single conclusion must occur in the trial court because whether fees or costs are "reasonable and necessary" is a factual determination reserved for that court. Id. ; see also Garcia v. Gomez , 319 S.W.3d 638, 642 (Tex. 2010) ("Generally, the determination of reasonable attorney's fees is a question of fact ...."); compare TEX. R. CIV. P. 91a(7) (directing the trial court to consider evidence to determine reasonable and necessary fees), with TEX. R. APP. P.

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Bluebook (online)
549 S.W.3d 588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-interest-of-cyks-tex-2018.