DocketNumber: 04-18-00551-CV
Filed Date: 10/26/2018
Status: Precedential
Modified Date: 4/17/2021
Fourth Court of Appeals San Antonio, Texas October 26, 2018 No. 04-18-00551-CV James Brent MANSFIELD, Appellant v. Stormie Rae MANSFIELD, Appellee From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2017-CI-17710 Honorable Stephani A. Walsh, Judge Presiding ORDER Appellant James Mansfield is appealing the trial court’s order relating to child support. Appellant has filed a “Motion to Require Findings of Fact and Conclusions of Law.” In his motion, appellant requests that we require the trial court to enter findings of fact and conclusions of law relating to the child support order contained within the final divorce decree. Texas Family Code section 154.130(a) provides that findings are mandated if any one of three events occurs: (1) a timely request; (2) an oral request during the hearing; or (3) a variance in the amount of child support ordered by the trial court and the amount due pursuant to the guidelines. See TEX. FAM. CODE ANN. § 154.130. Subsection (b) lists the findings the court must make: (1) net resources of the obligor per month; (2) net resources of the obligee per month; (3) the percentage applied to the obligor’s net resources for child support; and (4) if applicable, the reasons the amount of child support varies from the guidelines.Id. The record
in this appeal indicates appellant, on June 25, 2018, made an oral request in open court that the trial court make findings of fact and conclusions of law pursuant to Texas Family Code section 154.130. On July 6, 2018, appellant filed a written request for findings of fact and conclusions of law. Accordingly, the trial court was required to make the findings set out in subsection (b). Accordingly, we ORDER the trial court to make findings of fact and conclusions of law on or before November 6, 2018. We additionally ORDER the trial court clerk to file a supplemental clerk’s record containing the trial court’s findings of fact and conclusions of law within ten days of the trial court filing its findings of fact and conclusions of law. Appellant’s brief shall be due within thirty days of the trial court clerk filing the supplemental record. _________________________________ Irene Rios, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 26th day of October, 2018. ___________________________________ KEITH E. HOTTLE, Clerk of Court