In the Interest of A.B., a Child

368 S.W.3d 850, 2012 WL 1852062, 2012 Tex. App. LEXIS 4042
CourtCourt of Appeals of Texas
DecidedMay 22, 2012
Docket14-11-00281-CV
StatusPublished
Cited by7 cases

This text of 368 S.W.3d 850 (In the Interest of A.B., a Child) 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 the Interest of A.B., a Child, 368 S.W.3d 850, 2012 WL 1852062, 2012 Tex. App. LEXIS 4042 (Tex. Ct. App. 2012).

Opinions

OPINION

CHARLES W. SEYMORE, Justice.

Appellant, Father of the minor child, A.B., appeals the portion of a “Final Order Under Uniform Interstate Family Support Act,” requiring that he pay retroactive child support and post-judgment interest thereon for A.B.1 In six issues, Father challenges the award of any retroactive support or alternatively the amount of such support and contends the trial court recited an incorrect rendition date in the order relative to accrual of post-judgment interest. We modify the order to reflect the correct rendition date and affirm as modified.

I. Background

Mother became pregnant with A.B. during a brief relationship with Father while he was working in Russia, Mother’s native country. During the pregnancy, Father paid travel expenses for Mother’s relocation to Colorado, where A.B. was born on January 19, 1994. After the birth, Mother wrote to Father, expressing that she assumed full responsibility for A.B. but requested temporary assistance until she could establish financial stability. For at least four years, Father made regular payments for support of A.B. — through either a ministry that employed Mother or directly to Mother — and a few lump sum payments. Although Mother and Father disagree regarding the date of the last payment, they agree that the total payments averaged at least $460 per month. Additionally, since Mother gained eligibility for participation in an employer-sponsored health plan in 1996, she has paid all premiums and health-care expenses for A.B.

Mother testified that Father quit making any support payments in mid-July 1998 and refused her request for additional support, so she retained an attorney. The record includes a February 1999 letter from Mother’s attorney to Father, expressing Mother’s intent to establish a support obligation and her desire to amicably resolve the issue without legal action. According to Mother, Father responded by phoning Mother and threatening the following actions if she continued to pursue a support 'obligation: “I will bleed you to death. I will take your child away. I will deport you. You will never see [A.B.].” Mother, testified that, based on fear of these threats, she did not further pursue a support obligation until she contacted her local “social service” in 2006 when the child’s expenses increased.

In contrast, Father denied making any threats. Instead, Father testified he quit making payments after receiving the February 1999 letter because an attorney advised that Father establish an agreement before making further payments and he wished to obtain information about Mother’s income and A.B.’s needs. The record includes a responsive letter to Mother’s attorney, in which Father also indicated his desire to amicably resolve the issue but requested information regarding Mother’s income and A.B.’s expenses and expressed concern about A.B.’s living environment. Father testified that he received no response or further request for support until 2008, when he was served with the present suit. However, during this period, Father sent A.B. some cards and gifts, enrolled her in the Texas Tomorrow Fund, a pre[854]*854paid college tuition plan, and paid $185 per month into the plan from its inception in 2002 through the time of trial in 2010.

In 2008, the Office of the Attorney General of Texas (“Attorney General”) filed the present suit against Father under the Uniform Interstate Family Support Act seeking to establish a child-support obligation for A.B., who still resided in Colorado at that time. The Attorney General later supplemented its request to also seek medical and retroactive support. The trial court signed an agreed temporary order requiring Father to pay prospective child support of $1,100 per month and medical support, beginning May 1, 2009.2 Mother then filed a petition, seeking to establish Father’s paternity and requesting current and retroactive child support and medical support.

On October 25, 2010, the trial court conducted a bench trial, during which the primary issue was the request for retroactive support. After hearing evidence, the trial court orally announced it found Father should have paid $1,000 per month for the period between August 1, 1998 and April 30, 2009 (129 months) for a total of $129,000, and this figure included retroactive medical support. On November 5, 2010, the trial court signed a “Final Order Under Uniform Interstate Family Support Act,” requiring Father to pay prospective child support of $1,100 per month, prospective medical support of $125 per month, retroactive support of $129,000, representing the above-referenced period, payable in monthly installments, and post-judgment interest on the retroactive award.3 Father timely filed a motion for new trial, which the trial court denied by written order.

II. Analysis

On appeal, Father challenges only the portion of the order requiring payment of retroactive child support and post-judgment interest thereon.

A. Challenge to Any Retroactive Support

In his first issue, Father challenges the requirement that he pay any retroactive support. We review a trial court’s award of retroactive support for abuse of discretion. In re Q.D.T., No. 14-09-00696-CV, 2010 WL 4366125, at * 2 (Tex.App.-Houston [14th Dist.] Nov. 4, 2010, no pet.) (mem. op.) (citing Worford v. Stamper, 801 S.W.2d 108, 109 (Tex.1990); Garza v. Blanton, 55 S.W.3d 708, 710 (Tex.App.-Corpus Christi 2001, no pet.)). A trial court abuses its discretion when it acts arbitrarily or unreasonably, without reference to any guiding rules or principles, or fails to correctly analyze or apply the law. Walker v. Packer, 827 S.W.2d 833, 840 (Tex.1992); Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex.1985). Under the abuse-of-discretion standard, legal and factual sufficiency are not independent grounds of error, but are relevant factors in assessing whether the trial court abused its discretion. In re A.L.S., 338 S.W.3d 59, 65 (Tex.App.-Houston [14th Dist.] 2011, pet. denied); Q.D.T., 2010 WL 4366125, at *2. A trial court does not abuse its discretion when some evidence of a substantive and probative character supports its order. Q.D.T., 2010 WL 4366125, at *2; Newberry v. Bohn-[855]*855Newberry, 146 S.W.3d 233, 235 (Tex.App.Houston [14th Dist.] 2004, no pet.). When, as in the present case, the trial court does not file findings of fact and conclusions of law, we imply the trial court made all findings necessary to support its judgment and will uphold those findings if supported by sufficient evidence. A.L.S., 338 S.W.3d at 65.4

Under Texas law, on a finding of parentage, a trial court may order retroactive child support as provided in Family Code Chapter 154. Tex. Fam.Code Ann. § 160.636(g) (West 2008).5

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Cite This Page — Counsel Stack

Bluebook (online)
368 S.W.3d 850, 2012 WL 1852062, 2012 Tex. App. LEXIS 4042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-ab-a-child-texapp-2012.