Modification of Custody and Child Support Within a Year?

Archive, Blog, Brad M. LaMorgese

In re J.A. is a new opinion about sanctions from the El Paso Court of Appeals worth checking out. Another well-written opinion from Chief Justice Ann McClure. The moral of the story here is — when in doubt, hire an appellate lawyer. Seemed like father raised some good issues the appellate court found were waived.

Mother and Father agree to a conservatorship order in October 2010. Child support review order entered April 10, 2013, and father required to pay increased child support. 10 days later, father files to modify primary residence without a supporting emergency affidavit. Trial court dismisses father’s suit and sanctions him. The COA found that the father’s modification suit to change primary residence was not filed within a year of the operative prior order. The prior agreed order of 2010 was the operative order from which modification was sought, not the child support review order.

Interestingly, the COA could not rule for the father on sanctions and dismissal of his suit because no reporter’s record was given to the COA and where father had not objected to the sanctions order or requested findings of fact and conclusions of law.