in the Interest of C. L. H., a Minor Child ( 2010 )

                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-09-00102-CV

                                                ______________________________

                        IN THE INTEREST OF C.L.H., A MINOR CHILD

                                       On Appeal from the 62nd Judicial District Court

                                                           Franklin County, Texas

                                                            Trial Court No. 10,454

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                              Memorandum Opinion by Justice Carter

                                                      MEMORANDUM OPINION

            Billy Jack Holloway was delinquent in making child support payments on numerous occasions over a two-year period resulting in contempt rulings.  On June 25, 2009, a hearing on a motion to revoke community supervision was conducted.  At the conclusion of the hearing, the trial court confirmed child support arrearages in the amount of $5,539.76, ordered release of those arrearages to the date Holloway became totally and permanently disabled (thus releasing $2,347.56 in child support arrearages) and entered judgment for past due child support in the amount of $3,192.20.  The court confirmed medical support arrearages in the amount of $660.82, ordered release of medical support arrearages to the date Holloway became totally and permanently disabled (thus releasing $326.46 in medical support arrearages) and entered judgment for past due medical support in the amount of $334.36. In addition, the court ordered termination of current medical support as of June 1, 2009, and awarded judgment to Courtney Deann Peckham (mother of C.L.H.) for social security disability benefits received by Holloway. 

            The Office of the Texas Attorney General contends that the trial court abused its discretion in (1) reducing child support and medical support arrearages, (2) terminating current medical support, and (3) failing to award statutory interest on the judgment for lump sum distribution arrearages. 

            We addressed each of these issues in detail in our opinion of this date styled In re J.S.H., cause number 06-09-00101-CV.  For the reasons stated therein, we reverse that portion of the judgment which releases past due child and medical support and render judgment that confirms child and medical support arrearages in the amounts determined to exist on May 31, 2009. We affirm that portion of the judgment ordering Holloway to pay $755.99 to Peckham without additional statutory interest on this amount.  We remand to the trial court for a determination of the appropriate amount of cash medical support to be included in the judgment. 

                                                                        Jack Carter

                                                                        Justice

Date Submitted:          April 20, 2010

Date Decided:             April 21, 2010