Jose E. Perlera v. Patricia Hernandez Najera

Summary

The First Court of Appeals of Texas affirmed an order confirming child-support arrearages of $51,231.10 and medical-support arrearages of $1,771.20. The court held that the divorce decree was sufficiently enforceable for purposes of calculating arrearages and that the evidence supported the trial court’s arithmetic calculations. The court rejected the appellant’s challenges concerning guideline deviations, the absence of a stepdown provision, and changes in health-insurance costs.

Holdings

1. The trial court did not abuse its discretion by confirming $51,231.10 in child-support arrearages. The decree contained findings and reasons supporting its deviation from the child-support guidelines, and its stated monthly obligation remained enforceable until further order modifying the support obligation.
2. The trial court did not abuse its discretion by confirming $1,771.20 in medical-support arrearages. The evidence supported the amount calculated from the decree and the payment history, and the trial court lacked discretion to forgive or reduce a past support obligation.

Questions Presented

1. Whether the trial court abused its discretion by confirming $51,231.10 in child-support arrearages when the divorce decree allegedly was ambiguous, indefinite, or uncertain because it exceeded statutory guidelines and lacked a partial-termination provision.
2. Whether the trial court abused its discretion by confirming $1,771.20 in medical-support arrearages based on evidence that the cost of health insurance had changed.

Disposition

affirmed