In Re MEG

48 S.W.3d 204, 2000 WL 33340918
CourtCourt of Appeals of Texas
DecidedJune 6, 2001
Docket13-99-392-CV
StatusPublished

This text of 48 S.W.3d 204 (In Re MEG) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re MEG, 48 S.W.3d 204, 2000 WL 33340918 (Tex. Ct. App. 2001).

Opinion

48 S.W.3d 204 (2000)

In the Interest of M.E.G., Jr. and M.A.G., Children

No. 13-99-392-CV.

Court of Appeals of Texas, Corpus Christi.

March 31, 2000.
Publication Ordered June 6, 2001.

*206 W.J. Sames, Corpus Christi, for Appellant.

John Worley, Asst. Atty. Gen., Austin, David Warner, Asst. Atty. Gen., Victoria, Rhonda Amkraut Pressley, Austin, for Appellee.

Debra Palmer, San Antonio, pro se.

Before Justices DORSEY, CHAVEZ, and RODRIGUEZ.

OPINION

RODRIGUEZ, Justice.

Mark Elton Guinn appeals from an order enforcing a child support obligation. See Tex. Fam. Code Ann. § 157.001 et seq. (Vernon 1996 & Supp.2000).[1] By five issues, he contests the validity of the enforcement order. We affirm.

The 257th District Court of Harris County ordered Guinn to pay $300 per month support for his two children in a decree of divorce entered July 22, 1981. Guinn failed to provide support as required in the decree. Consequently, on *207 September 30, 1996,[2] before the eighteenth birthday of the youngest child,[3] the Attorney General of the State of Texas (Attorney General) filed a motion to enforce the child support order in Harris County. The enforcement suit was subsequently transferred to Victoria County.

On March 15, 1999, the 24th District Court of Victoria held a hearing on the motion and entered an order on March 25, 1999, enforcing the child support obligation. By its order, the court: 1) found Guinn $48,500 in arrears, and granted judgment in that amount; 2) ordered him to pay the judgment in monthly installments of $600; 3) ordered income withheld from his earnings, to be credited toward the arrearage; 4) instructed him that if he failed to pay, the Attorney General could pursue an administrative action to suspend any licenses he might hold; 5) found him in criminal contempt for failing to pay child support and ordered him committed to the county jail for sixty days; and 6) found him in civil contempt and ordered him committed to the county jail until he paid the entire arrearage and court costs.

On March 25, 1999, by written order, the court ordered Guinn released from custody, with no stipulations on Guinn's remaining free from incarceration.[4] Guinn filed a motion for new trial and/or modification of judgment, as well as a motion to clarify. The former motion was overruled by operation of law and the trial court denied the latter motion. Guinn presents five issues to this Court.

By his fourth issue, Guinn contends the Attorney General failed to plead or prove its interest in the case and that the trial court erred by failing to specify how the judgment would be distributed. A child support order will not be overturned unless the trial court clearly abused its discretion. See Worford v. Stamper, 801 S.W.2d 108, 109 (Tex.1990); Tamez v. Tamez, 822 S.W.2d 688, 692 (Tex.App.-Corpus Christi 1991, writ denied). An abuse of discretion may be found when a trial court acts arbitrarily and unreasonably, without reference to guiding rules or principles, or misapplies the law to the facts of the case. See Castle v. Harris, 960 S.W.2d 140, 142 (Tex.App.-Corpus Christi 1997, no writ). We view the evidence in the light most favorable to the trial court's action, indulging all legal presumptions in favor of that action. See Tamez, 822 S.W.2d at 692.

Pleadings must give fair notice of the claim or defense asserted to provide the opposing party with sufficient information to enable him to prepare a defense or answer to the claim asserted. See Tex. R. Civ. P. 45(b), 47(a); Crockett v. Bell, 909 S.W.2d 70, 72 (Tex.App.-Houston [14th Dist.], 1995, no writ) (citing Paramount Pipe & Supply Co. v. Muhr, 749 S.W.2d 491, 494 (Tex.1988) and Roark v. Allen, 633 S.W.2d 804, 810 (Tex.1982)). A pleading is adequate if a cause of action or defense may be reasonably inferred from what is stated. See Crockett, 909 S.W.2d at 72 (citing Boyles v. Kerr, 855 S.W.2d 593, 601 (Tex.1993)).

In the present case, the Attorney General pleaded that the motion was filed *208 pursuant to chapter 231 of the Texas Family Code, which authorizes the Attorney General to provide child support enforcement services to any person who has received public assistance. See Tex. Fam. Code Ann.§ 231.113 (Vernon 1996). The Attorney General also pleaded that it sought a contempt order and judgment on arrears based on Guinn's failure to pay child support and attached its calculation of arrears including the specific dates of unpaid payments. The pleadings comply with the pleading requirements set forth in section 157.002 of the family code for a motion to enforce child support. See Tex. Fam. Code Ann. § 157.002 (Vernon Supp. 2000). We conclude the Attorney General's motion to enforce provided adequate notice of its interest and claim against Guinn.

We additionally construe Guinn's argument as an attack on the Attorney General's standing. To establish standing there must be a real controversy between parties that will be determined by the judicial declaration sought. See Texas Workers' Compensation Com'n v. Garcia, 893 S.W.2d 504, 517-18 (Tex.1995). The family code expressly grants standing to the Attorney General to file a motion to enforce a child support order under chapter 231. See Tex. Fam. Code Ann. § 102.007 (Vernon 1996); Attorney General of Texas v. Lavan, 833 S.W.2d 952, 955 (Tex.1992). As the motion to enforce provided that it was filed in accordance with chapter 231, the pleadings in this case support the Attorney General's standing. The evidence in the record further supports the Attorney General's standing. The evidence showed the State provided financial assistance on behalf of the children and Guinn failed to pay child support. Thus, pursuant to section 231.113, which requires the Attorney General to enforce a child support obligation in a case involving a child who received financial assistance from the State, and chapters 157 and 158, which outline the procedure for enforcing a child support order, there was a real controversy between the Attorney General and Guinn capable of judicial resolution. We conclude that the Attorney General adequately pleaded the motion to enforce and proved its standing to file the motion.

Guinn also urges that the trial court erred in failing to specify how the judgment would be distributed.

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Bluebook (online)
48 S.W.3d 204, 2000 WL 33340918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-meg-texapp-2001.