In the Interest of C.G.

261 S.W.3d 842, 2008 Tex. App. LEXIS 6280
CourtCourt of Appeals of Texas
DecidedAugust 19, 2008
DocketNo. 05-06-01086-CV
StatusPublished
Cited by5 cases

This text of 261 S.W.3d 842 (In the Interest of C.G.) 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 C.G., 261 S.W.3d 842, 2008 Tex. App. LEXIS 6280 (Tex. Ct. App. 2008).

Opinion

OPINION

Opinion by

Justice MOSELEY.

In this appeal we must construe the provisions of chapter 232 of the Texas Family Code, which governs the suspension of state licenses to enforce the payments of child support. See Tex. Fam.Code Ann. §§ 232.001-.016 (Vernon 2002 & Supp.2008) (providing for suspension of licenses as child support enforcement remedy).

Jessie Roy Galloway (Father) appeals an order suspending his licenses rendered pursuant to chapter 232 of the family code.1 In his second issue, he asserts the trial court abused its discretion by signing [845]*845the order because there was no evidence to support some of the implied findings necessary to suspend a license under section 232.003, which authorizes a “court or the Title IV-D agency [to] issue an order suspending a license as provided by this chapter[.]” See id. § 232.003(a) (Vernon 2002). In his first issue, he contends that, absent such evidence, the trial court’s order is void “because the trial court had no power to render it.”

Appellee and movant below, Kristi Lynn Galloway (Mother), responds that section 232.004 constitutes a basis, separate and independent from section 232.003, for suspending a license, and that the trial court properly suspended Father’s licenses pursuant to that section. See id. § 232.004 (Vernon Supp.2008). She also argues the trial court properly suspended Father’s licenses pursuant to section 232.009, which requires that under certain conditions, the trial court “shall consider the allegations of the petition for suspension to be admitted and shall render an order suspending the license of the obligor without the requirement of a hearing....” See id. § 232.009 (Vernon 2002).

As explained herein, we conclude the order is not void and thus reject Father’s first issue. As to his second issue, we conclude: (1) section 232.004 is not a separate, independent basis for rendering a license suspension order; (2) section 232.009 does not aid Mother’s position; and (3) there is no evidence to support the issuance of a license suspension order under section 232.003. Thus, we sustain Father’s second issue. We reverse the trial court’s order suspending Father’s licenses and render judgment that Mother take nothing on her request for the suspension of Father’s licenses for failure to pay child support.

I. APPLICABLE LAW

Chapter 232 of the Texas Family Code governs the suspension of state licenses to enforce the payment of child support. See id. §§ 232.001-.016. For purposes of that chapter, the following definition applies:

(1) “License” means a license, certificate, registration, permit, or other authorization that:
(A) is issued by a licensing authority;
(B) is subject before expiration to suspension, revocation, forfeiture, or termination by the issuing licensing authority; and
(C) a person must obtain to:
(i) practice or engage in a particular business, occupation, or profession;
(ii) operate a motor vehicle; or
(iii) engage in any other regulated activity, including hunting, fishing, or other recreational activity for which a license or permit is required.

Act of May 26, 1995, 74th Leg., R.S., ch. 751, § 85, 1995 Tex. Gen. Laws 3888, 3917, amended by Act of May 27, 2007, 80th Leg., R.S., ch. 972, § 50, 2007 Tex. Gen. Laws 3390, 3401 (current version at Tex. Fam.Code Ann. § 232.001(1)(A)-(C) (Vernon Supp.2008)).

Clear statutory authority for the suspension of a license is found in sections 232.003 and 232.008. As relevant to this appeal, section 232.003 provides:

(a) A court ... may issue an order suspending a license as provided by this chapter if an individual who is an obli-gor:
(1) owes overdue child support in an amount equal to or greater than the total support due for three months under a support order;
(¾) has been provided an opportunity to make payments toward the overdue child support under a court-ordered or agreed repayment schedule; and
[846]*846 (3) has failed to comply with the repayment schedule.

Tex. Fam.Code Ann. § 232.003(a)(1)-(3) (emphasis added).2 Section 232.008(a) provides, in relevant part and with an exception not applicable here, that “[o]n making the findings required by section 232.003, the court ... shall render an order suspending the license.... ” Id. § 232.008(a)(1) (Vernon 2002) (emphasis added). Additionally, section 232.008(b) provides that a court “may stay an order suspending a license ...” conditioned on compliance with “a reasonable repayment schedule that is incorporated in the order.” Id. § 232.008(b)(1).

Section 232.004 specifies who may file a petition to suspend a license “as provided by this chapter” and where that petition must be filed. Id. § 232.004. Although it contains language referencing the “three month arrearage” requirement set forth in subsection 232.003(a)(1), it makes no mention of the requirements set forth in subsections 232.003(a)(2) and (3), which are italicized above.

Section 232.005 addresses what the petition “under this chapter” must allege, including the requirement that it must “state that license suspension is required under Section 232.003....” Id. § 232.005 (Vernon 2002).

Section 232.006 provides that notice must be given to the individual whose license is sought to be suspended, and specifies the notice’s contents and manner of service. Id. § 232.006 (Vernon Supp. 2008). Section 232.007 deals with some evidentiary matters not relevant here, and states that a “request for a hearing and motion to stay suspension must be filed ... not later than the 20th day after the date of service of the notice.... ” Id. § 232.007 (Vernon 2002).

Section 232.009 provides that under some circumstances the trial court can render an order suspending a license without a hearing:

The court ... shall consider the allegations of the petition for suspension to be admitted and shall render an order suspending the license of an obligor without the requirement of a hearing if the court ... determines that the individual failed to respond to a notice issued under Section 232.006 by:
(1) requesting a hearing; or
(2) appearing at a scheduled hearing.

Id. § 232.009 (Vernon 2002).

We now turn to the factual and procedural background of the case.

II. FACTUAL AND PROCEDURAL BACKGROUND

Father and Mother were divorced in 1991. The divorce decree ordered Father [847]*847to pay child support of $390 per month and made his income subject to withholding.

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261 S.W.3d 842, 2008 Tex. App. LEXIS 6280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-cg-texapp-2008.