GARZA v. BLANTON

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Docket Number

No. 13-00-713-CV.

Advocates

Bradford M. Condit, Corpus Christi, for appellant. Jon G. Thedford, Corpust Christi, for appellee.

Judges

Justice Castillo, Dissenting.

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Smart Summary

Factual and Procedural Background

Desiree Garza and Carl Blanton had a child born on September 4, 1999. Blanton knew of Garza’s pregnancy and probable paternity and made several payments before and after the child’s birth. Garza filed suit for child support on November 1, 1999, seeking both ongoing and retroactive support. The trial court ordered monthly support of $551.84 but denied retroactive support of $5,191.64. [1]

Garza appealed from the judgment of the 28th District Court of Nueces County, Texas. The majority affirmed, while Justice Castillo dissented. [2][3][4][5]

Legal Issues Presented

Whether the trial court abused its discretion by refusing to award retroactive child support. [6]
Whether the trial court improperly failed to apply the Texas Family Code’s retroactive-support guidelines. [6]

Arguments of the Parties

Appellant's Arguments

Garza argued that the trial court abused its discretion by failing to apply the Texas Family Code guidelines concerning retroactive child support. [6]
She argued that denying retroactive support rewarded Blanton for failing to voluntarily pay child support and for other conduct. [7]
She contended that Blanton attempted to defraud the child of support by entering into a partition agreement with his wife, although the trial court declared that agreement void and its validity was not raised on appeal. [8]

Appellee's Arguments

The opinion does not contain a detailed account of the appellee's legal arguments.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
In the Interest of Benjamin I. Valadez	Retroactive child support is discretionary, and the guidelines do not strictly bind the trial court.	The majority relied on Valadez to uphold the trial court’s refusal to award retroactive support and to explain the abuse-of-discretion standard. [9][10][11]
In the Interest of S.E.W.	Retroactive child support is a factual determination when paternity is established.	The case was cited in support of the proposition that retroactive support is not mandatory. [9]
Downer v. Aquamarine Operators, Inc.	An abuse of discretion occurs when a court acts without reference to guiding rules or principles.	The majority used this standard to review the trial court’s decision; the dissent also recognized the same standard. [10][12]
Johnson v. Fourth Court of Appeals	An abuse of discretion is a decision so arbitrary and unreasonable as to constitute clear and prejudicial legal error.	The majority cited this principle and emphasized that appellate courts may not substitute their judgment for the trial court’s discretionary judgment. [10]
Walker v. Packer	Appellate courts may not substitute their discretion for that of the trial court.	The majority cited the case in limiting appellate review of discretionary decisions. [10]
Ex Parte McIntyre	Child support is awarded in the child’s best interests and is not punitive.	The majority rejected the argument that denying retroactive support impermissibly rewarded Blanton, finding no evidence that the trial court acted punitively. [7]

Court's Reasoning and Analysis

The majority explained that the Texas Family Code does not mandate retroactive child support merely because paternity has been established. The decision whether to award such support, and the amount, rests within the trial court’s factual discretion. The statutory guidelines guide—but do not strictly control—that determination. [9][10]

The applicable considerations include the obligor’s net resources, notice of probable paternity, possible financial hardship, and support or necessities provided before suit. The trial court need not give specific reasons for deviating from the guidelines, and a slight deviation does not itself constitute an abuse of discretion. [9][10]

The majority concluded that the trial court acted within its discretion. Garza had notified Blanton of probable paternity, and the record did not establish undue financial hardship. However, the court could consider Blanton’s prior payments, including the $2,000 payment before the child’s birth and other payments. The trial court could therefore determine that Blanton had already contributed sufficient support. [11][13]

The majority also held that child support is not punitive. Because the record did not show that the trial court denied retroactive support for punitive reasons, its decision was not an abuse of discretion. [7]

Justice Castillo disagreed. She reasoned that Blanton knew of the pregnancy and his probable paternity, was gainfully employed, had access to substantial funds, and had made only limited or differently characterized payments. She concluded that denying retroactive support under those circumstances was arbitrary and unreasonable. [14][15][16][17]

Holding and Implications

The judgment was AFFIRMED. The majority held that the trial court did not abuse its discretion by denying retroactive child support, and Garza’s sole issue was overruled. [11][18][4]

The direct effect was that Garza retained the prospective monthly support award of $551.84 but received no retroactive support. The opinion discusses no broader implications, and no new precedent was set. [1][4]

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DESIREE GARZA, Appellant, v. CARL BLANTON, Appellee.

OPINION

LINDA REYNA YAÑEZ, Justice

Appellant, Desiree Garza, appeals the trial court's judgment denying her request for retroactive child support from appellee, Carl Blanton. We affirm.

Appellee engaged in an extramarital affair with appellant from which union the child in this case was conceived. The record indicates, and it is undisputed by appellee, that he knew, before the child's birth that: 1)appellant was pregnant; 2) the child was probably his; and 3) the approximate date as to the child's birth. Furthermore, appellee paid appellant a lump sum of $2,000 before the child was born and separate payments of $1,500, $809.47, and $275 after the birth of the child. Ultimately, appellee acknowledged paternity of the child. The child was born on September 4, 1999, and on November 1, 1999, appellant filed suit for child support. Appellant sought an order establishing a child support payment schedule, as well as an order awarding appellant retroactive child support payments in the amount of $5,191.64 for the time period beginning with the date of the child's birth and ending on the date the court's order was entered. The final judgment of the trial court awarded appellant child support payments of $551.84 per month. However, the trial court refused to order retroactive payments.

At issue is whether the trial court abused its discretion in refusing to award retroactive child support. Appellant argues that the trial court abused its discretion by not applying the guidelines imposing retroactive support found in the Texas Family Code. See Tex. Fam. Code Ann. § 154.131 (Vernon 1996).

Retroactive child support is not mandated by the Texas Family Code when paternity is established, but rather, is left to a factual determination on the part of the trial judge. In the Interest of Benjamin I. Valadez, 980 S.W.2d 910, 913 (Tex.App.-Corpus Christi 1998, pet. denied); In the Interest of S.E.W., 960 S.W.2d 954, 955 (Tex.App.-Texarkana 1998, no pet.). Retroactive child support may be ordered by the court if the nonpaying parent had not previously been ordered to pay support and was not a party to a suit in which support was ordered. Tex. Fam. Code Ann. § 154.009 (Vernon 1996) (emphasis added). If paternity has been established and the court has ordered retroactive child support, the trial court must consider the guidelines found in Chapter 154, as well as any other relevant factors, in determining the amount of retroactive child support. Tex. Fam. Code Ann. § 160.005 (Vernon 1996). When ordering retroactive child support, a court must consider the net resources of the obligor during the relevant time period, and whether: 1) the mother of the child had made any previous attempt to notify the biological father of his paternity or probable paternity; 2) the biological father had knowledge of his paternity or probable paternity; 3) the order of retroactive child support will impose an undue financial hardship on the obligor or the obligor's family; and 4) the obligor has provided actual support or other necessaries before the filing of the action. Tex. Fam. Code Ann. § 154.131 (Vernon 1996). However, section 154.131 does not bind the trial court to the listed factors in determining retroactive child support; it merely states that, "the child support guidelines are intended to guide the court in determining the amount of retroactive child support, if any, to be ordered." Tex. Fam. Code Ann. § 154.131 (Vernon 1996); see Valadez, 980 S.W.2d at 913.

A trial court maintains discretion in deciding whether to award retroactive child support, and the amount of the award. Valadez, 980 S.W.2d at 913. The judgment of the trial court will not be reversed absent an abuse of discretion. Id. The test for an abuse of discretion is whether the court acted without reference to any guiding rules or principles. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex. 1985); Valadez, 980 S.W.2d at 914. An abuse of discretion occurs on the trial level when the court reaches a decision that is "so arbitrary and unreasonable as to amount to a clear and prejudicial error of law." Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985). Matters regarding the exercise of discretion are within the sole province of the trial court, and the appellate court may not substitute the discretion of the trial court with its own. Id. at 918; Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). Should the court depart from the guidelines in making a determination of retroactive child support, a slight deviation will not be construed as an abuse of discretion. Valadez, 980 S.W.2d at 914. Furthermore, unlike other sections of Chapter 154, refusal to adhere to the guidelines provided in section 154.131 does not require the trial court to provide specific reasons as to the deviation. Id. at 913.

The trial court did not abuse its discretion in denying an award of retroactive child support. Section 154.131 directs the discretion of the trial court in determining whether to award retroactive child support, and if so, the amount of such support, although the court is not strictly bound by the guidelines. Tex. Fam. Code Ann. § 154.131 (Vernon 1996). In the present case, the trial court was within its discretion in refusing to award retroactive support. Valadez, 980 S.W.2d at 913.

Appellant demonstrated that she had contacted appellee regarding his probable paternity, and that appellee had knowledge of his probable paternity. The record contains no evidence that the award of retroactive child support would impose an undue financial hardship on the appellee, particularly since the evidence demonstrates that appellee was able to provide appellant with considerable lump sum payments in the past. Under section 154.131(b)(4), however, the trial court was able to consider any prior payments by the appellee before the child support action was filed. Tex. Fam. Code Ann. § 154.131(b)(4) (Vernon 1996). This section allows courts to consider the actions of an obligor prior to compliance with any judicially mandated support schemes. Id. Specifically, section 154.131(b)(4) permits courts to consider whether, and to what extent, an obligor has supported the child and/or mother when determining what retroactive child support, if any, is required. Id. The record indicates that the judge considered the $2,000 given by appellee prior to the birth of the child, along with other payments made by appellee. The court could have, within its discretion, decided that appellee had already contributed enough money for support. We conclude that the trial court's decision does not constitute an abuse of discretion.

Appellant further argues that the failure of the trial court to award retroactive child support rewarded the appellee for his failure to voluntarily pay child support and other actions. The award of child support is done with the child's best interests in mind, and is not intended to be punitive in nature. Ex Parte McIntyre, 730 S.W.2d 411, 419 (Tex.App.-San Antonio 1987, no writ) (Butts, J., concurring). Based on the evidence in the record, the trial court was within its discretion to deny retroactive child support. There is no evidence that the trial court's actions were punitive in nature.

Appellant contends that appellee sought to defraud appellant's child of support money by entering into a partition agreement with his wife prior to the child support order. In its final judgment, the trial court ruled that the partition agreement was void. Neither party raises the validity of the agreement on appeal.

Appellant's sole issue is overruled.

We AFFIRM the judgment of the trial court

Dissenting opinion by, Justice Errlinda Castillo

Justice Castillo, Dissenting.

I respectfully dissent. I would hold that the trial court abused its discretion by not ordering retroactive child support. While it is true that Mr. Blanton paid Ms. Garza some monies prior to the entry of the final judgment, the evidence before the trial court militates in favor of ordering retroactive child support.

Section 160.005 of the Texas Family Code provides that, upon a finding of parentage in a paternity action, the trial court may order support retroactive to the time of the birth of the child. Tex. Fam. Code Ann. § 160.005(b) (Vernon1996). In making an award for retroactive child support under this section, the trial court shall use the child support guidelines provided by chapter 154 of the code, together with any relevant factors. Id. § 160.005(c).

Section 154.131 of the code provides that the child support guidelines are intended to guide the court in determining the amount of retroactive child support, if any, to be ordered. Id. § 154.131(a).

In determining whether to order retroactive child support, the court must consider the net resources of the obligor during the relevant time period and whether: (1) the mother had made any previous attempts to notify the biological father of his paternity or probable paternity; (2) the biological father had knowledge of his paternity or probable paternity; (3) the order of retroactive child support will impose an undue financial hardship on the obligor or the obligor's family; and (4) the obligor had provided actual support or other necessaries before the filing of the action.

Id. § 154.131(b)(1)-(4); see also id. § 154.123(b)(1)-(17) (listing nonexclusive factors court may consider in applying guidelines). The trial court's decision whether to award retroactive child support is discretionary. Id. §§ 154.131(a), 160.005(b). An abuse of discretion occurs when the trial court acts without reference to any guiding rules or principles. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex. 1985). The test is whether the trial judge's action was arbitrary or unreasonable. Id. at 242.

In this case, the evidence before the court proved that Mr. Blanton was aware of Ms. Garza's pregnancy and that he was the biological father. The subject child was born on September 4, 1999. Ms. Garza filed her paternity action on November 1, 1999. It is undisputed that temporary orders were entered pursuant to a hearing on May 31, 2000 in which the court ordered temporary child support in a sum which omitted part of Mr. Blanton's net resources absent his full disclosure. During the final hearing on August 18, 2000, Ms. Garza testified that the $2,000 lump sum Mr. Blanton paid some time in July 1999, while she was pregnant, was to help her with bills. She explained that bills were overdue since her doctor ordered her not to work during her pregnancy due to hemorrhaging. She added that she used the money to make three vehicle payments, buy groceries and pay her light, gas, telephone, and water bills. She further testified, without contradiction, that the $275 sum was court-ordered child support and part of the remaining payments Mr. Blanton made "were attorney fees."

The record establishes that Mr. Blanton was gainfully employed. He made no medical payments before or after the pregnancy. Previously ordered to provide medical insurance, he had not complied although health insurance was available for the child through his employer. When asked if he could make a lump sum payment if so ordered, Mr. Blanton admitted that, although difficult, he had the ability to pay. He testified that "incidental" to the paternity proceedings initiated by Ms. Guzman, he had recently transferred over $300,000 from a four-year-old personal injury settlement to his wife, a conveyance that the trial court nullified in the final judgment without objection.

In the final judgment, the trial court also ordered Mr. Blanton to pay $551.84 per month in child support to begin on August 18, 2000, the date of the final hearing. Not ordering retroactive child support where, as here, the subject child's father made a cursory effort to meet his court-ordered child support obligations while gainfully employed and with access to $300,000 is unreasonable. I would hold that the trial court abused its discretion in not ordering retroactive child support.