Brito v. Brito
| Citation | 346 S.W.2d 133 |
| Decision Date | 05 April 1961 |
| Docket Number | No. 5469,5469 |
| Parties | Lazaro BRITO, Jr., Appellant, v. Guadalupe Sosa BRITO, Appellee. |
| Court | Court of Appeals of Texas. Court of Civil Appeals of Texas |
Armendariz & Aguirre, El Paso, for appellant.
Frank O. Ray, Alpine, for appellee.
This is an appeal from a hearing before the 83rd Judicial District Court of Presidio County, which hearing was held on April 18, 1960, and was based on the appellant's petition to reduce child support payments. The court had previously ordered the appellant to pay the sum of $75 per month for the support of his minor child, and appellant based his petition on the grounds that he had re-married, and this additional expense, plus that of trading cars, made it impossible for him to keep the payments up in this amount. The court further rendered judgment against the appellant for the sum of $120, as the balance on payments in arrears of said child support.
Appellant's first point must be granted, as both sides concede, and it is elementary, that the court was without power to grant the judgment of $120, as it has long been settled that courts cannot grant judgments for arrearages in child support payments under these circumstances. Appellee's motion for remittitur must be denied, as we do not believe that the theory of remittitur applies in this case, but is rather intended to reduce an excessive, but valid, legal judgment, instead of canceling an illegal one. Appellant's first point is accordingly sustained.
With reference to the second point, we do not feel, on the basis of the evidence before us, that we would be justified in ordering a diminution of the payments. Appellee, as appears from the record, submitted considerable documentary evidence, such as food, medicinal, and clothing expenditures, along with her testimony as to the amount needed for the child's care, both at home and medical. It was established that the child suffers from bronchial asthma, and has to have certain medication and medical attention. We fully realize and appreciate the appellant's unfortunate position, but we have to consider the fact that he was under court order to pay this amount per month for the child, who is now between two and three years old, before he incurred additional burdens. It is true that the record reveals that he has apparently made a very praiseworthy attempt to keep up his payments; but the trial court, in considering a situation of this sort, must always keep before...
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In the Interest of Z.B.P.
...cannot substitute our judgment for that of the trial court, even though we may have ruled otherwise. Brito v. Brito, 346 S.W.2d 133, 134 (Tex. Civ. App.—El Paso 1961, writ ref'd n.r.e.). Appellee argues that Appellant is voluntarily unemployed. The duty to support is not limited to a parent......
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Thompson v. Thompson
...given wide discretion. Dennis v. Dennis, 512 S.W.2d 699, 701 (Tex.Civ.App.-Tyler 1974, n. w. h.); Brito v. Brito, 346 S.W.2d 133, 134 (Tex.Civ.App.-El Paso 1961, ref'd n. r. e.). The trial court has the people involved before it and is in a much better position to properly assess and analyz......
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J.M. and G.M., In Interest of, 16143
...is a clear abuse of discretion. See Hearn v. Hearn, 449 S.W.2d 141 (Tex.Civ.App. Tyler 1969, no writ); Brito v. Brito, 346 S.W.2d 133 (Tex.Civ.App. El Paso 1961, writ ref'd n. r. e.). While the trial court has wide discretion in fixing the amount of child support payments and while each cas......
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Zuniga v. Zuniga, 13-83-224-CV
...to child support will not be disturbed unless the complaining party can show a clear abuse of discretion. Brito v. Brito, 346 S.W.2d 133 (Tex.Civ.App.--El Paso 1961, writ ref'd n.r.e.); Thompson v. Thompson, 572 S.W.2d 761 (Tex.Civ.App.--Tyler 1978, no writ); Boriack v. Boriack, 541 S.W.2d ......