[Download] "In re Nichols" by Texas Court of Appeals * Book PDF Kindle ePub Free

eBook details

Title: In re Nichols
Author : Texas Court of Appeals
Release Date : January 18, 2000
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 49 KB

Description

Opinion by: Phil Hardberger, Chief Justice REVERSED AND RENDERED IN PART; REVERSED AND REMANDED IN PART Jessica Scott f/k/a Jessica Lowe f/k/a Jessica Nichols (""Jessica"") appeals a trial court's order relating to the enforcement and modification of child support. Jessica presents seven issues in her brief, asserting: (1) res judicata precluded the trial court from crediting social security benefits against child support that had been reduced to an arrearage judgment or, in the alternative, no evidence was presented that proper credit was not given at the time the arrearage judgment was entered; (2) the trial court erred in crediting social security benefits because no pleading or evidence supported such credit; (3) the trial judge abused his discretion by becoming an advocate and instructing an attorney in the proper manner to present his case to prevent a reversal of the trial court's ruling and by coercing Jessica to stipulate to the admission of certain evidence; and (4) the trial court abused its discretion in not awarding more attorneys' fees. We reverse the trial court's judgment and render judgment that Rayford Arthur Nichols is in arrears for unpaid child support in the amount of $24,610.27 as of August 22, 1999. We remand the cause to the trial court to determine whether attorneys' fees should be awarded and for the entry of a judgment consistent with this court's opinion and judgment. Background Jessica and Rayford Arthur Nichols (""Rayford"") were divorced on December 20, 1988, and Rayford was ordered to pay Jessica $646.92 in child support for their two children, commencing January 15, 1989. In August of 1996, an Order Enforcing Child Support Obligation (UIFSA) was entered based on a judgment verbally rendered in December of 1995. The order found and confirmed that Rayford was in arrears in the amount of $7,392.28 as of December 22, 1995, and judgment was rendered against Rayford in that amount.