In the Interest of A.M. and B.M., Children

Summary

This is a concurring-in-part and dissenting-in-part opinion by Justice Phil Johnson of the Supreme Court of Texas in a child-support enforcement case. The opinion addresses the obligor’s burden under Texas Family Code section 157.008 to prove the amount of actual support provided and disputes applying an inference or presumption equal to the obligor’s monthly child-support obligation.

Holdings

1. In Justice Johnson's view, an obligor is entitled to reimbursement or an offset only for the amount of actual support that the obligor proves and the trial court finds; the statutory scheme does not create a presumption that the amount equals the obligor's monthly child support obligation.

Questions Presented

1. Whether an obligor seeking reimbursement or an offset under Texas Family Code section 157.008(d) must prove the amount of actual support provided.
2. Whether an inference that an obligor provided some actual support permits a further presumption that the obligor provided support equal to the amount of the monthly child support obligation.

Disposition

other