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Garza v. Blanton8/31/2001
r. Blanton admitted that, although difficult, he had the ability to pay. He testified that "incidental" to the paternity proceedings initiated by Ms. Guzman, he had recently transferred over $300,000 from a four-year-old personal injury settlement to his wife, a conveyance that the trial court nullified in the final judgment without objection.
In the final judgment, the trial court also ordered Mr. Blanton to pay $551.84 per month in child support to begin on August 18, 2000, the date of the final hearing. Not ordering retroactive child support where, as here, the subject child's father made a cursory effort to meet his court-ordered child support obligations while gainfully employed and with access to $300,000 is unreasonable. I would hold that the trial court abused its discretion in not ordering retroactive child support.
ERRLINDA CASTILLO Justice
Publish. Tex. R. App. P. 47.3.
Dissenting Opinion delivered and filed this 31st day of August, 2001.
Page 1 2 3 4 Texas Personal Injury Attorneys
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