In the Interest of H.A. and L.C.A., Children v. the State of Texas
This text of In the Interest of H.A. and L.C.A., Children v. the State of Texas (In the Interest of H.A. and L.C.A., Children v. the State of Texas) is published on Counsel Stack Legal Research, covering Texas Court of Appeals, 6th District (Texarkana) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In the Court of Appeals Sixth Appellate District of Texas at Texarkana
No. 06-25-00036-CV
IN THE INTEREST OF H.A. AND L.C.A., CHILDREN
On Appeal from the 233rd District Court Tarrant County, Texas Trial Court No. 233-375177-04
Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Justice Rambin MEMORANDUM OPINION
Father appeals the trial court’s order affirming no child support arrearage and awarding
unreimbursed medical and dental expenses to Mother.1,2 See TEX. FAM. CODE ANN. § 157.263
(Supp.). No reporter’s record from any hearing was filed, although an audio record was made.
On appeal, Father, appearing pro se and not present at trial, challenges (1) the sufficiency of the
evidence supporting the child support arrearage, (2) the timeliness of the notice provided for
unreimbursed medical and dental expenses, and (3) the sufficiency of the evidence supporting
the trial court’s nondisclosure order. Since we presume the record supports the trial court’s
judgment, we affirm.
I. Evidence at Trial
Mother and Father divorced in 2005. The final divorce decree required Father (1) to pay
monthly child support for the parties’ minor children, (2) to pay his proportionate share of
unreimbursed medical and dental expenses incurred on behalf of the children, and (3) to pay the
actual cost of health insurance coverage for each child. Mother was ordered to provide health
insurance for each child through her employer. The decree further required that “the party who
pays for a health-care expense on behalf of a child shall furnish to the other party, within thirty
1 To protect the identity of the children and persons through whom the children could be identified, we will refer to the Appellee as “Mother,” to the Appellant as “Father,” and to the children by their initials. See TEX. FAM. CODE ANN. § 109.002(d) (Supp.); TEX. R. APP. P. 9.8. “In appeals involving the termination of parental rights, the Texas Rules of Appellate Procedure require the use of an alias to refer to a minor.” In re I.B., No. 13-17-00098-CV, 2017 WL 2806779, at *1 n.1 (Tex. App.—Corpus Christi–Edinburg June 29, 2017, no pet.) (mem. op.) (citing TEX. R. APP. P. 9.8). “We may also use an alias ‘to [refer to] the minor’s parent or other family member’ to protect the minor’s identity.” Id. (alteration in original) (quoting TEX. R. APP. P. 9.8(b)(2)). 2 This appeal was transferred to this Court from the Second Court of Appeals pursuant to a Texas Supreme Court docket equalization order. See TEX. GOV’T CODE ANN. § 73.001 (Supp.). Accordingly, we apply the precedent of the Second Court of Appeals in deciding this case to the extent that it conflicts with our own. See TEX. R. APP. P. 41.3. 2 days of receiving them, all forms, receipts, bills, and explanations of benefits paid reflecting the
uninsured portion of the health-care expenses.”
In March 2023, the Office of the Attorney General filed a motion to confirm child
support arrearages and to enforce Father’s obligation to reimburse unreimbursed medical and
dental expenses.
On December 2, 2024, the trial court held a final hearing in which Father, acting pro se,
did not attend. The resulting order confirmed Father owed and ordered him to pay $0.00 in child
support arrearages, $8,400.00 in unreimbursed medical expenses, and $469.80 in unreimbursed
dental expenses to Mother. The final order also included a nondisclosure order of Mother and
the children’s personal information. No reporter’s record from any hearing was filed with this
Court, although an audio record was made. Father also appears pro on appeal.
II. Child Support Arrearage
In his first point of error, Father argues that the child support arrearage was not supported
by sufficient evidence.
The trial court found the arrearage to be zero dollars. In other words, the trial court found
that Father did not owe any arrearage. Consequently, there is no live controversy on that point.
See Tex. Dep’t of Fam. & Protective Servs. v. Grassroots Leadership, Inc., 717 S.W.3d 854, 887
(Tex. 2025); In re B.W.E., No. 14-13-00467-CV, 2014 WL 259869, at *1 (Tex. App.—Houston
[14th Dist.] Jan. 9, 2014, no pet.) (mem. op.) (per curiam) (“Appellant’s request for reduced
child support is rendered moot by termination of all child support obligations.”).
Father’s first issue is moot. We overrule Father’s first issue.
3 III. Notice and Documentation of Unreimbursed Medical and Dental Expenses
In his second point of error, Father argues that the trial court erred in awarding
unreimbursed medical and dental expenses in the combined amount of $8,869.80. Father
contends that Mother did not provide timely notice and documentation of the medical expenses
she incurred on behalf of the children within thirty days.
A. Standard of Review and Applicable Law
Medical support enforcement orders are reviewed for abuse of discretion. In re C.F., 576
S.W.3d 761, 772 (Tex. App.—Fort Worth 2019, orig. proceeding). Medical support is additional
child support. Id.; TEX. FAM. CODE ANN. § 154.183(c)(1) (Supp.). “The movant on a motion to
enforce a child-support order, including an order to provide medical support, has the burden of
establishing the amount of support owed.” In re E.G., No. 02-16-00302-CV, 2017 WL 3821862,
at *2 (Tex. App.—Fort Worth Aug. 31, 2017, no pet.) (mem. op.); see TEX. FAM. CODE ANN.
§ 154.183(c)(1).
B. Analysis
Even crediting Father’s legal contention for the sake of argument, and only for the sake
of argument, the record on appeal does not indicate whether the documentation was provided
within thirty days or even 120 days, as we do not have a reporter’s record. See Christiansen v.
Prezelski, 782 S.W.2d 842, 843 (Tex. 1990) (per curiam) (“The burden is on the appellant to see
that a sufficient record is presented to show error requiring reversal.”). Without a reporter’s
record, this Court must presume evidence was submitted to support the trial court’s order. See
Willingham v. Willingham, No. 02-22-00398-CV, 2023 WL 4501832, at *3 (Tex. App.—Fort
4 Worth July 13, 2023, no pet.) (mem. op.) (“A reporter’s record is necessary to determine whether
the trial court abused its discretion . . . .”).
Therefore, Father did not carry his appellate burden to demonstrate an abuse of discretion
by the trial court. We overrule Father’s second issue.
IV. Nondisclosure Order
In his third point of error, Father argues that the trial court erred by entering a
nondisclosure order for alleged harassment without supporting evidence.
A trial court can order nondisclosure of information as “required by this section to
another party” if that information “is likely to cause the child or a conservator harassment, abuse,
serious harm, or injury, or to subject the child or a conservator to family violence.” TEX. FAM.
CODE ANN. § 105.006(c) (Supp.). “We review the trial court’s decision to retain the
nondisclosure provision for an abuse of discretion, reversing only if the trial court acted in an
unreasonable and arbitrary manner or acted without reference to guiding rules or principles.”
In re D.D.J., No. 13-14-00401-CV, 2016 WL 6962007, at *2 (Tex. App.—Corpus Christi–
Edinburg Nov. 22, 2016, no pet.) (mem. op.).
The final order reflects nondisclosure findings on the face of the record. Without a
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