IN THE INTEREST OF K.N.C. AND G.R.C., CHILDREN

SUPREME COURT CASES

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State: Texas

Court: Texas Northern District Court

Docket No: 05-07-01715-CV

Case Date: 12/17/2008

Preview:IN THE INTEREST OF K.N.C. AND G.R.C., CHILDREN
AFFIRM as MODIFIED and Opinion Filed December 17, 2008

In The Court of Appeals Fifth District of Texas at Dallas ............................ No. 05-07-01715-CV ............................ IN THE INTEREST OF K.N.C. AND G.R.C., CHILDREN ............................................................. On Appeal from the 254th Judicial District Court Dallas County, Texas Trial Court Cause No. 06-07975-R ............................................................. OPINION Before Justices Wright, Lang-Miers, and Mazzant Opinion By Justice Wright George Chapman, Father, appeals from a final decree of divorce. In three issues, Father contends the trial court abused its discretion by: (1) ordering appellant to pay child support when the children receive social security benefits because of his disability; (2) ordering possession terms that are so vague as to be unenforceable by contempt; and (3) ordering a division of property whereby Mother received one-hundred percent of the community estate. We sustain Father's first issue, his second issue, in part, overrule his third issue, and modify the trial court's judgment as set forth below. We affirm the trial court's judgment as modified. Background Mother and Father were married in 1990. Two children were born during the marriage. Mother filed for divorce in 2006. During the marriage, the parties lived in a house that Father had purchased prior to the marriage. Mother worked full-time. Father worked full-time until he was seriously injured in a car accident in 1996. He was disabled as a result of that accident. At the time of divorce, he was still receiving disability benefits and the two children also receive social security benefits because of their Father's disability. Father admitted to drug use in the past but denied that he was using drugs at the time of trial. Following a trial, the trial court appointed Mother and Father as joint managing conservators, ordered Father to pay child support, set supervised visitation for Father, and divided the community estate. Father timely filed this appeal. Standard of Review The same standard of review applies to all of Father's issues. We review a trial court's judgment on child support, visitation, and division of the community estate for an abuse of discretion. See Worford v. Stamper, 801 S.W.2d 108, 109 (Tex.1990); Garner v. Garner, 200 S.W.3d 303, 306 (Tex.App.-Dallas 2006, no pet.) (child support order reviewed for abuse of discretion); Niskar v. Niskar, 136 S.W.3d 749, 753 (Tex. App.-Dallas 2004, no pet.) (visitation order reviewed for abuse of discretion); Murff v. Murff, 615 S.W.2d 696, 698 (Tex.1981) (property division reviewed for abuse of discretion). A trial court abuses its discretion when it acts in an arbitrary and unreasonable manner or when it acts without reference to any guiding rules or principles. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 24142 (Tex.1985). A trial court does not abuse its discretion if there is some evidence of a substantive and probative
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character to support the decision. LaFrensen v. LaFrensen, 106 S.W.3d 876, 877 (Tex.App.-Dallas 2003, no pet.); In re P.J.H., 25 S.W.3d 402, 405 (Tex.App.-Fort Worth 2000, no pet.). Child Support In his first issue, Father contends the trial court abused its discretion by ordering him to pay $230.00 a month in child support. Specifically, Father asserts he should not be required to pay child support because each child receives $322.00 a month from the Social Security Administration due to Father's disability. We agree. Section 154.132 of the family code provides as follows: In applying the child support guidelines for an obligor who has a disability and who is required to pay support for a child who receives benefits as a result of the obligor's disability, the court shall apply the guidelines by determining the amount of child support that would be ordered under the child support guidelines and subtracting from that total the amount of benefits or the value of the benefits paid to or for the child as a result of the obligor's disability. Tex. Fam. Code Ann.

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