Liveris v. Ross
| Decision Date | 28 March 1985 |
| Docket Number | No. A14-84-717CV,A14-84-717CV |
| Parties | Anthony Daniel LIVERIS, Appellant, v. Sandra Lee Liveris ROSS, Appellee. (14th Dist.) |
| Court | Texas Court of Appeals |
Daniel D. Pappas, Douglas A. Sandvig, Kissner & Pappas, P.C., Houston, for appellant.
Roy W. Moore, Imagen S. Papadopoulos, Houston, for appellee.
Before PAUL PRESSLER, MURPHY and DRAUGHN, JJ.
Appellant, Anthony Daniel Liveris, brings this appeal to challenge the trial court's order denying his request for modification of the child support provisions incorporated in his divorce decree. He claims through three points of error that the trial court erred and alternatively abused its discretion in failing to order the requested modification. He further contends the trial court erroneously found no material and substantial change of circumstances. We find no error and affirm.
Appellee, Sandra Liveris Ross, and appellant were granted a divorce in 1980. At that time, both resided in the Houston area. Appellant was appointed managing conservator of the parties' two minor children, and appellee was appointed possessory conservator. The decree imposed no child support obligations upon appellee. Subsequently, appellee remarried and moved to San Antonio. She attempted to informally arrange a more suitable visitation schedule with appellant but they could not reach an agreement. Appellee then filed for modification of the existing visitation schedule. Appellant cross-filed for modification of the child support obligations. The court granted appellee's request for revised visitation but refused to modify the child support provisions. Appellant appeals only the portion of the judgment concerning child support.
In his first and second points of error, appellant claims the trial court erred as a matter of law and committed an abuse of discretion in refusing to order appellee to pay child support where an ability to pay had been demonstrated. Appellant's third point of error concerns alleged error in the finding of no material and substantial change in circumstances or in the alternative, such a finding would be against the great weight and preponderance of the evidence.
Child support provisions incorporated into a divorce decree may be modified only where the movant has established either a material and substantial change in the circumstances of the child or of a person affected by the decree. Tex.Fam.Code Ann. § 14.08 (Vernon Supp.1985); Cannon v. Cannon, 646 S.W.2d 295, 297 (Tex.App.--Tyler 1983, no writ); Moreland v. Moreland, 589 S.W.2d 828, 829 (Tex.Civ.App.--Dallas 1979, writ dism'd).
Each party testified at the modification hearing that the circumstances of the child had not changed. Therefore, appellant was required to demonstrate a change...
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