Rodriguez v. Rodriguez

• Decision Date: 19 May 1993
• Docket Number: No. D-2746,D-2746
• Citation: 860 S.W.2d 414
• Parties: Rita RODRIGUEZ, Petitioner, v. George RODRIGUEZ, Respondent.
• Court: Texas Supreme Court

Page 414

860 S.W.2d 414

Rita RODRIGUEZ, Petitioner, v. George RODRIGUEZ, Respondent.

No. D-2746.

Supreme Court of Texas.

May 19, 1993.

Jo Chris G. Lopez, John Compere, San Antonio and Charles H. Robertson, Dallas, for petitioner.

Sam C. Bashara, San Antonio, for respondent.

OPINION

ENOCH, Justice.

This case involves construction of the sections of the Texas Family Code (the "Code") governing child support when the obligor's net monthly resources exceed $4,000. The trial court awarded $2,500 in child support to be paid out of the obligor's net monthly resources of $8,900, based on the needs of the child and the net resources of the parents. The court of appeals reversed and remanded, holding that the child support award violated the Code provision limiting child support awarded from net monthly resources that exceed $4,000 to the proven needs of the child. 834 S.W.2d 369 (1992). Because we conclude that the trial court's judgment does not violate the Code, we reverse the judgment of the court of appeals and affirm the judgment of the trial court.

I.

George and Rita Rodriguez were married in November 1983, when both were employed by the United States Postal Service in Houston. Their only child was born in August 1984. Shortly after their marriage, George quit his job to begin training to become a chiropractor. Rita continued her job at the Postal Service while George was a full-time student. After George obtained his degree, they relocated to San Antonio, where George established his chiropractic practice. The parties separated in early 1990 and filed for divorce. They agreed to be joint managing conservators for their six year-old son, with Rita having primary custody. The trial court approved the agreement, then heard evidence on the marital property and child support. At the hearing, the trial court ordered George to pay $2,500 per month in child support.

The trial court made findings of fact that George had approximately $8,900 in monthly net resources from his chiropractic practice, that Rita was unemployed, and that child support of $2,500 per month was "an equitable amount of support, based on the needs of the child at the time of the order, and the net resources of the parents " (emphasis added). The court of appeals reversed. It held that the evidence of the needs of the child only supported a maximum monthly award of $1,742.17. It then remanded the case to the trial court for a new trial, with instructions regarding the child support to be awarded.

II.

A trial court has discretion to set child support within the parameters established by the child support guidelines set forth in the Code. See TEX.FAM.CODE ANN. § 14.05(a) (Vernon Supp.1993). A trial court's decision in this regard will not be overturned unless a clear abuse of discretion is shown. Cohen v. Sims, 830 S.W.2d 285, 288 (Tex.App.--Houston [14th Dist.] 1992, writ denied); Hoffman v. Hoffman, 805 S.W.2d 848, 851 (Tex.App.--Corpus Christi 1991, writ denied). Therefore, we review the trial court's actions under this abuse of discretion standard.

III.

The legislature enacted guidelines for awarding child support out of an obligor's monthly net resources which differentiate between an obligor's net resources which are less than or equal to $4,000 and an obligor's net resources which exceed $4,000. These guidelines are:

§ 14.055. Guidelines; Amount Ordered

(a) Rebuttable Presumption. The guidelines for the support of a child in this chapter are specifically designed to apply to situations in which the obligor's monthly net resources are $4,000 or less. In any suit affecting the parent-child relationship, there is a rebuttable presumption that an order containing the amount of periodic child support payments established by the schedule provided in this section is reasonable and that the order is in the best interest of the child. A court may determine that the application of the guidelines would be unjust or inappropriate under the circumstances.

(b) Schedule: $4,000 or Less Monthly Net Resources. In rendering an order of child support under circumstances in which the obligor's monthly net resources are $4,000 or less, the court shall presumptively apply the following schedule:

CHILD SUPPORT GUIDELINES BASED ON THE MONTHLY NET RESOURCES

OF THE OBLIGOR

                1 child       20% of Obligor's Net Resources
                2 children    25% of Obligor's Net Resources
                3 children    30% of Obligor's Net Resources
                4 children    35% of Obligor's Net Resources
                5 k children  Not less than the amount for 4 children
                

(c) More Than $4,000 Monthly Net Resources. In situations in which the obligor's net resources exceed $4,000 per month, the court shall presumptively apply the percentage guidelines in Subsection (b) of this section to the first $4,000 of the obligor's net resources. Without further reference to the percentage recommended by these guidelines, the court may order additional amounts of child support as proven, depending on the needs of the child at the time of the order.

TEX.FAM.CODE ANN. § 14.055(a)-(c) (Vernon Supp.1993) (emphasis added). ¹

The Code permits a trial court to vary from the guidelines applied to net monthly resources of up to $4,000 by considering various factors listed in §§ 14.052(b) and 14.054. Section 14.052(b) provides:

(b) Factors. In determining the amount of child support, the court shall be guided by the guidelines and may consider, in varying from or following the guidelines:

(1) the needs of the child;

(2) the ability of the parents to contribute to the support of the child;

(3) any financial resources available for the support of the child; and

(4) the amount of possession of and access to a child.

Id. § 14.052(b) (Vernon Supp.1993).

Section 14.054 provides additional evidentiary factors that a trial court may consider:

In applying the guidelines for the support of a child in this chapter, the court shall be guided by the guidelines for the support of a child in this chapter. However, the court may, in rendering its final determination of the amount of child support either within or outside the range recommended in Section 14.055 of this code if relevant factors other than the guidelines justify a variance from the guidelines. In making its final determination, the court shall consider all relevant factors, including but not limited to:

(1) the amount of the obligee's net resources, including the earning potential of the obligee if the actual income of the obligee is significantly less than what the obligee could earn because the obligee is intentionally unemployed or underemployed, and including, as provided by Section 14.053(e) of this code, any increase or decrease in the income of the obligee or income that may be attributed to the property and assets of the obligee;

(2) the age and needs of the child;

(3) child care expenses incurred by either party in order to maintain gainful employment;

(4) whether either party has the managing conservatorship or actual physical custody of another child;

(5) the amount of child support actually and currently being paid or received by either party under another child support order;

(6) the amount of alimony or spousal maintenance actually and currently being paid or received by a party;

(7) the expenses for a son or daughter for education beyond secondary school;

(8) whether the obligor or obligee has an automobile, housing, or other benefits furnished by his or her employer, another person, or a business entity;

(9) the amount of other deductions from the wage or salary income and from other compensation for personal services of the parties;

(10) provision for health care insurance and payment of uninsured medical expenses;

(11) special or extraordinary educational, health care, or other expenses of the parties or of the child;

(12) the cost of travel in order to exercise access to or possession of a child;

(13) positive or negative cash flow from any real and personal property and assets, including a business and investments (14) debts or debt service assumed by either party; and

(15) any other reason or reasons consistent with the best interest of the child, taking into consideration the circumstances of the parents.

Id. § 14.054 (Vernon Supp.1993). The factors listed in § 14.052(b) and § 14.054 provide bases for variance from strict application of the percentage guidelines, but only apply to the first $4,000 of net resources. ²

In its findings of fact, the trial court found that George's monthly net resources were $8,900. Therefore, § 14.055(c) governed the determination of child support. The trial court also found that the child support award of $2,500 was "an equitable amount of support, based on the needs of the child at the time of the order, and the net resources of the parents " (emphasis added). Because § 14.055(c) requires additional child support awarded out of an obligor's net monthly resources that exceed $4,000 per month to be based solely on the needs of the child at the time of the order, the court of appeals concluded that the trial court's order could not stand. We agree with the court of appeals that above $4,000 of net monthly resources, additional child support may only be awarded based on the needs of the child. ³ However, the court of appeals went further. It noted that the evidence established that the needs of the child were only $1,742.17 per month. Based upon that observation, it concluded that the proper calculation of the child support required subtracting the presumptive award, $800 out of the monthly net resources up to $4,000, from the total needs proven of $1,742.17. Thus the court of appeals instructed the trial court that only an additional $942.17 could be awarded out of the monthly net resources exceeding $4,000. The record does not support this conclusion nor the instruction to the trial court.

We presume, as did the court of appeals, that the trial court followed the dictates of § 14.055(c) and awarded $800 out of the first $4,000 of net...