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Smart Summary

Factual and Procedural Background

Willis G. Stamper, Jr. and Patsy Stamper Worford were divorced in 1975, with Stamper ordered to pay $180 per month in child support for their son Trey until he reached eighteen. Stamper was also required to maintain medical coverage and pay half of Trey's medical expenses related to his disability. Trey, who suffered from various physical and mental handicaps, was unable to support himself after eighteen due to developmental delays and medical conditions. In June 1986, Worford filed a motion to modify the child support order, seeking an increase and continuation of payments beyond Trey's eighteenth birthday. The trial court in July 1988 increased child support to $1350 per month and extended payments beyond Trey's eighteenth birthday, also ordering Stamper to maintain insurance and pay half of uncovered medical expenses. The court of appeals reversed the amount of the order, finding insufficient evidence to support it, but affirmed that a material and substantial change in circumstances existed. This appeal followed.

Legal Issues Presented

  1. Whether the trial court abused its discretion in determining the amount of child support to be paid by the obligor.
  2. Whether the trial court properly extended child support payments beyond the child's eighteenth birthday based on the child's disabilities and needs.

Arguments of the Parties

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

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Lemons v. EMW Mfg. Co., 747 S.W.2d 372, 373 (Tex. 1988) Implied findings of fact when none are requested or filed. The court held that the trial court's findings are implied to support its judgment in absence of requested findings.
In re W.E.R., 669 S.W.2d 716, 717 (Tex. 1984) Standard for reviewing evidence supporting a judgment and implied findings. The court considered only evidence favorable to the judgment and affirmed if any legal theory was supported by evidence.
Renfro Drug Co. v. Lewis, 149 Tex. 507, 513, 235 S.W.2d 609, 613 (1950) Proper consideration of evidence supporting a judgment. Used to justify considering only favorable evidence and disregarding contradictory evidence in review.
Brito v. Brito, 346 S.W.2d 133, 134 (Tex.Civ.App. – El Paso 1961, writ ref'd n.r.e.) Standard for appellate review of child support orders. The court emphasized that child support orders are not disturbed absent clear abuse of discretion.
Sohocki v. Sohocki, 730 S.W.2d 30, 31 (Tex.App. – Corpus Christi 1987, no writ) Appellate deference to trial court's child support determinations. Supports the principle that trial court discretion governs child support orders.
Eggemeyer v. Eggemeyer, 535 S.W.2d 425, 427 (Tex.Civ.App. – Austin 1976), aff'd on other grounds, 554 S.W.2d 137 (Tex. 1977) Review standards for child support modifications. Reinforces that abuse of discretion is the test for appellate reversal.
Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex. 1985) Definition of abuse of discretion. The court applied the standard that an abuse of discretion occurs when the trial court acts arbitrarily or without guiding principles.

Court's Reasoning and Analysis

The court analyzed whether the trial court abused its discretion in modifying the child support order. It noted that no findings of fact or conclusions of law were requested or filed, thus all necessary findings are implied in support of the judgment. The court applied the standard that appellate review considers only evidence favorable to the judgment and disregards contradictory evidence. It emphasized that child support orders are reviewed for abuse of discretion, defined as arbitrary or unreasonable action without guiding principles.

The evidence showed Trey's significant physical and mental disabilities, requiring extensive medical, therapeutic, and educational support, with increased basic needs over time. The obligor's net income was substantial, and the Texas Supreme Court Child Support Guidelines provided a baseline for support amounts but allowed for additional amounts based on special needs. The trial court's order of $1350 per month exceeded the guideline range but was supported by the child's special needs and the obligor's income. The court found no abuse of discretion in the trial court's determination of the amount and extension of child support beyond the child's eighteenth birthday.

Holding and Implications

The Supreme Court of Texas reversed the judgment of the court of appeals and affirmed the trial court's order increasing and extending child support payments to $1350 per month beyond the child's eighteenth birthday. The court held that the trial court did not abuse its discretion in setting the amount of child support given the child's disabilities and the obligor's financial resources.

The decision directly reinstates the trial court's order and clarifies the applicable standard of review for child support modifications involving special needs. No new precedent beyond the application of established standards was set, and the ruling primarily affects the parties by upholding the increased child support obligation.

Patsy Stamper WORFORD, Petitioner, v. Willis G. STAMPER, Jr., Respondent.

PER CURIAM.

The issue in this case is whether the trial court abused its discretion in determining the amount of child support. Because we hold that the trial court did not abuse its discretion, we reverse the judgment of the court of appeals, 798 S.W.2d 573 and affirm the judgment of the trial court.

Willis G. Stamper, Jr., and Patsy Stamper Worford were divorced in 1975. Under the original divorce decree, Stamper was ordered to pay $180 per month in child support until his son, Trey, reached the age of eighteen. Trey was five years old at the time of the divorce. Stamper was also ordered to pay one-half of any expenses incurred on behalf of Trey's medical disability and was required to maintain medical coverage for the benefit of Trey until the age of eighteen.

Worford filed a motion to modify the 1975 order in June 1986, requesting that the child support payments be increased and continued past the age of eighteen. It was undisputed by the parties that Trey would be unable to support himself after the age of eighteen due to various physical and mental handicaps. When Trey was fifteen years old, his developmental levels were between three and five years. His speech is unintelligible except to those closest to him and familiar with his responses. Trey also suffers from a dentofacial deformity which makes it difficult for him to chew his food and maintain proper hygiene.

Trey turned eighteen on January 9, 1988. The trial court entered a final modification order in July 1988, increasing Stamper's child support payments to $1350 per month and extending such payments beyond Trey's eighteenth birthday. Stamper was also ordered to maintain medical, dental, and hospitalization insurance for the benefit of his child and pay one-half of all medical, dental, orthodontic, and hospitalization expenses not covered by insurance. The court of appeals held that Patsy Stamper Worford showed a material and substantial change in circumstances, but reversed and remanded as to the amount of the order by summarily concluding:

[T]he trial court abused its discretion in rendering the new order because there is insufficient evidence to support the amount of payment required by the new order.

798 S.W.2d at 579.

In this case, no findings of fact or conclusions of law were requested or filed. It is therefore implied that the trial court made all the findings necessary to support its judgment. Lemons v. EMW Mfg. Co., 747 S.W.2d 372, 373 (Tex. 1988); In re W.E.R., 669 S.W.2d 716, 717 (Tex. 1984). In determining whether some evidence supports the judgment and the implied findings of fact, "it is proper to consider only that evidence most favorable to the issue and to disregard entirely that which is opposed to it or contradictory in its nature." Renfro Drug Co. v. Lewis, 149 Tex. 507, 513, 235 S.W.2d 609, 613 (1950). The judgment must be affirmed if it can be upheld on any legal theory that finds support in the evidence. In re W.E.R., 669 S.W.2d at 717.

A court's order of child support will not be disturbed on appeal unless the complaining party can show a clear abuse of discretion. Brito v. Brito, 346 S.W.2d 133, 134 (Tex.Civ.App. — El Paso 1961, writ ref'd n.r.e.). See, e.g., Sohocki v. Sohocki, 730 S.W.2d 30, 31 (Tex.App. — Corpus Christi 1987, no writ); Eggemeyer v. Eggemeyer, 535 S.W.2d 425, 427 (Tex.Civ.App. — Austin 1976), aff'd on other grounds, 554 S.W.2d 137 (Tex. 1977). The test for abuse of discretion is whether the trial court acted without reference to any guiding rules or principles; in other words, whether the act was arbitrary or unreasonable. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex. 1985).

According to the report of the court-appointed amicus curiae, Trey is in need of medical and therapeutical treatment including orthodontic and surgical treatment to correct dentofacial deformities, vocational evaluation and assessment, and speech therapy. Enhanced speech therapy alone may cost between $497 and $585 per month, according to the amicus' report. As stated by the court of appeals, "the trial court had a difficult question to resolve" in determining what amounts would be covered by medical insurance. 798 S.W.2d at 578. It was clear, however, that some significant expenses, including maxillofacial surgery, would not be covered by the insurance policy Trey was covered under. Trey's mother, Patsy Stamper Worford, testified that Trey's basic needs increased 100 to 200 percent in the twelve years following the original divorce decree in 1975. Some testimony was also introduced that Trey would benefit from placement in an autistic treatment center, and that the tuition at such a school is about $28,000 per year. With respect to Stamper's income, Stamper's personal financial statements reflect a net monthly income of $6,620 and $7,520 for the periods ending May 1, 1987 and September 1, 1986, respectively.

Under Rule 5 of the Texas Supreme Court Child Support Guidelines in effect in 1987, the amount of child support for one child ranges from 19-23% of the first $4,000 of the obligor's net resources ($760 to $920 per month). Beyond that, the court may order additional amounts of child support as appropriate, and may consider the income of the parties and the needs of the child in making this determination. Furthermore, pursuant to Rule 7 of the 1987 Guidelines, either party may request findings by the trial court concerning the amount of net resources available and the reasons that the amount ordered by the court varies from the amount computed by applying the percentage in Rule 5. In this case, neither party requested, and the trial court did not file, any findings pursuant to Rule 7.

Based upon Stamper's net income and the special needs of the child in this case, we hold that the trial court did not abuse its discretion by entering an order of child support in the amount of $1350 per month. Pursuant to Texas Rule of Appellate Procedure 170, a majority of the court, without oral argument, reverses the judgment of the court of appeals and affirms the order of the trial court.

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WORFORD v. STAMPER
(Jan 30, 1991)