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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Foster v. Daigle

This case involves an appeal from an order that granted the plaintiff's motion to suspend his child support obligation and denied the defendant's motion for counsel fees. The parties were divorced in 2001 and have two sons. The plaintiff sought to terminate child support, including private school tuition, based on the sons' abandonment, which he attributed largely to the defendant. The Supreme Court suspended child support, concluding that while the defendant had not willfully manipulated the sons, the sons had abandoned the plaintiff and were constructively emancipated. On appeal, the court reversed the suspension of child support, holding that the sons, aged 16 and 14, were not of employable age, a necessary prerequisite for constructive emancipation, and thus could not forfeit their right to support. The appellate court affirmed the denial of the defendant's request for counsel fees, finding no abuse of discretion.

Child SupportConstructive EmancipationParental AbandonmentVisitation RightsFamily LawAppellate ReviewEmployable AgeSaratoga CountyCounsel FeesJudicial Discretion
References
12
Case No. MISSING
Regular Panel Decision

Huddleston v. Rufrano

The mother appealed a Family Court order denying her objections to a child support magistrate's decision, which directed the father to pay $155 per week. The appellate court modified the order, increasing the father's child support obligation to $259 per week. The court found that the Support Magistrate failed to properly impute additional income to the father, including payments from his business, A & J Drain, Inc., and earnings generated by his father-in-law. The father's testimony regarding his finances was deemed incredible. The appellate court determined the father's annual income to be $78,830.82, justifying the increased child support payment.

Child SupportIncome ImputationSelf-EmploymentWorkers' CompensationCredibilityAppellate ReviewFamily LawModification of SupportFinancial DisclosureSupport Magistrate
References
5
Case No. MISSING
Regular Panel Decision
May 03, 1985

Wolf v. Wolf

In two support proceedings, the petitioner mother appealed two orders. The first order, entered September 7, 1984, denied her petition for an upward modification of child support. The second order, entered May 3, 1985, denied her full reimbursement for certain child counseling expenses. The Family Court's decisions were affirmed on appeal. The court properly denied a general increase in the father's child support obligation and directed the mother to seek payment for counseling expenses through the father's medical insurance coverage.

child supportupward modificationcounseling expensesparental obligationsFamily Lawappellate reviewOrange County
References
0
Case No. 14-14-00968-CV
Regular Panel Decision
Apr 26, 2016

in the Interest of J.O.A., a Child

This case involves an appeal by the mother (A.S.A.) concerning a Suit Affecting the Parent-Child Relationship (SAPCR) order from the 257th District Court of Harris County, Texas. The order modified conservatorship and child support in favor of the father (A.A.) of J.O.A., a child. The mother contended the trial court erred by awarding custody to the father, denying her motions for new trial and continuance, and that the evidence was insufficient. The Fourteenth Court of Appeals affirmed the trial court's judgment. While the conservatorship issue was deemed moot as J.O.A. had turned 18, the appellate court found a live controversy remained regarding financial obligations. The court concluded that the trial court did not abuse its discretion in denying the mother's motion for new trial, citing her counsel's conscious indifference to the trial setting, and her oral motion for continuance was properly denied for lack of verification. The awards for child support and attorney's fees to the father were also upheld.

Child Support ModificationConservatorship DisputesAppealsDenial of New TrialDenial of ContinuanceParental AlienationBest Interest of ChildTexas Family CodeAttorney's Fees AwardMootness Doctrine
References
31
Case No. 13-22-00016-CV
Regular Panel Decision
Aug 10, 2023

In the Interest of G.M.K., a Child v. the State of Texas

Jared appealed a trial court's order modifying his parent-child relationship with his child, G.M.K., and his child support obligation to Kathleen. Jared argued the trial court erred by denying his motion to modify child support, claiming a material and substantial change in circumstances due to his long-term disability and reduced income after two hip surgeries. He also asserted the trial court applied an incorrect standard and was biased. The appellate court affirmed the trial court's judgment, concluding that Jared failed to provide sufficient evidence to accurately identify his net resources, thus failing to meet his burden to show a material and substantial change in circumstances. The court also found no reversible judicial bias.

Family lawChild support modificationAbuse of discretionNet resourcesBurden of proofJudicial biasAppellate reviewMaterial and substantial changeTexas Family CodeParent-child relationship
References
35
Case No. MISSING
Regular Panel Decision

Martin v. Martin

The father appealed two Family Court orders concerning child support modification and counsel fees. The father sought to modify his child support obligation due to business collapse, illness, and an alleged agreement with the mother to provide childcare in lieu of payments. The mother sought a finding of willful violation. The Support Magistrate dismissed the father's petitions and found willful violation, which the Family Court affirmed. On appeal, the Court found the father received ineffective assistance of counsel due to his attorney's failure to introduce crucial medical evidence and ensure a key witness's presence, which prejudiced his case. Therefore, the appellate court modified the December 29, 2005 order, reversed the October 26, 2006 order, remitted for a new trial on the modification and violation petitions, and denied counsel fees.

Ineffective Assistance of CounselChild SupportModification of Support OrderWillful ViolationAdjournment DenialEvidence AdmissibilityMedical RecordsTherapist TestimonyIncarcerationFamily Law
References
9
Case No. MISSING
Regular Panel Decision

Hayes v. Hayes

This case concerns an appeal from the Family Court of Saratoga County's dismissal of a petitioner's application to hold the respondent in willful violation of a child support order. The respondent, who had accumulated significant arrears and made no payments since September 1999, claimed disability due to an automobile accident but failed to provide sufficient medical evidence to support his inability to pay. The Hearing Examiner erred by finding no willful violation and by sua sponte reducing the respondent's child support obligation without a cross-petition or adequate proof of changed circumstances. The Appellate Division reversed the lower court's order, granted the petitioner's application, and remitted the matter for further proceedings, concluding that a willful violation was warranted and the downward modification was improper.

Child SupportWillful ViolationSupport ArrearsDisability ClaimMedical EvidenceDownward ModificationFamily CourtAppellate ReviewBurden of ProofNonpayment
References
4
Case No. MISSING
Regular Panel Decision

Majekodunmi v. Majekodunmi

The parties, married in Nigeria in 1971, commenced divorce proceedings in August 2000. Plaintiff was awarded maintenance of $420 per month until February 2004 and $2,000 in counsel fees, while defendant's request for child support for their daughter Adetoro was denied. On appeal, the court affirmed the maintenance duration and counsel fees, citing the parties' frugal pre-divorce lifestyle and plaintiff's spending habits. However, the court found an abuse of discretion in denying child support, directing plaintiff to pay $32.24 weekly, emphasizing that obligations are based on ability to provide support, not just current financial condition.

DivorceMaintenanceChild SupportCounsel FeesAppellate DecisionMarital Standard of LivingEarning CapacityFinancial ConditionSpousal SupportSchenectady County
References
7
Case No. 12-18-00281-CV
Regular Panel Decision
Sep 27, 2019

in the Interest of B. L. W., a Child

This case involves an appeal by Brandon Lynn Walker against a trial court's order concerning conservatorship and child support for B.L.W., a child he shares with Kamena Taquay Handsborough. Brandon challenged the custody arrangements, child support calculations, the denial of his motion for a new trial, and the refusal to grant additional findings of fact and conclusions of law, as well as his motion to suspend judgment. The appellate court affirmed the trial court's conservatorship decisions, finding no abuse of discretion in appointing both parents as joint managing conservators and Kamena with the exclusive right to designate the child's primary residence. However, the court reversed and remanded the portion of the order regarding child support due to an inconsistency in the ordered amounts, which were not properly supported by evidence or calculation guidelines. All other issues raised by Brandon were overruled.

Child CustodyChild SupportParental RightsAbuse of DiscretionFamily LawConservatorshipMotion for New TrialFindings of FactConclusions of LawMotion to Suspend Judgment
References
43
Case No. MISSING
Regular Panel Decision

Daniels v. Monroe County Child Support Collection Unit

This case concerns the priority of four liens against a $7,500 settlement received by Mr. Daniels. The liens include his attorney's charging lien, a workers' compensation lien by Legion Insurance, a child support lien by the Child Support Collection Unit for over $20,000, and a judgment lien by former landlord Robert Dykes. The court, presided over by Justice Andrew V. Siracuse, determined that the attorney's charging lien takes first priority based on logic and public policy, as the attorney created the fund benefiting all lienors. Legion Insurance's workers' compensation lien received second priority, as the Child Support Collection Unit had already had an opportunity to levy on the initial workers' compensation payments. The Child Support Collection Unit was placed third, and Robert Dykes's judgment lien was last. The court rejected arguments that CPLR 5242 (d) gave child support priority over statutory and charging liens in this specific context.

Lien PriorityAttorney's Charging LienWorkers' Compensation LienChild Support LienJudgment LienCPLR 5242 (d)Workers’ Compensation Law § 29Domestic Relations Law § 240Public PolicyEquitable Principles
References
2
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