Opinion
03-24-00597-CV
11-13-2024
Christopher Bell, Appellant v. Joann Bell, Appellee
FROM THE 169TH DISTRICT COURT OF BELL COUNTY NO. 322086, THE HONORABLE CARI L. STARRITT-BURNETT, JUDGE PRESIDING
Before Justices Baker, Smith, and Theofanis
ORDER
PER CURIAM
Christopher Bell challenges the trial court's ruling that, under Texas Rule of Civil Procedure 145, he is required to pay court costs including those incurred in appealing a final order in a suit affecting the parent-child relationship. See Tex. R. Civ. P. 145 ("Payment of Costs Not Required"); see also Tex. R. App. P. 20.1 (providing procedure for establishing inability to pay court costs on appeal).
Rule 145 exempts a party from paying court costs, including the reporter's fee, if the party files a sworn statement of inability to pay court costs. Tex.R.Civ.P. 145(a), (b). A trial court may order payment of court costs by a party who has filed a sworn statement of inability to afford court costs (the "declarant") only if, on a motion challenging the statement, the declarant fails to establish his inability to afford costs at an evidentiary hearing. Id. R. 145(e), (f). In addition, under subsection (f) of Rule 145, an order requiring that the declarant pay costs must be supported by "detailed findings" that the declarant can afford to pay costs. Id. R. 145(f)(2).
The trial court held an evidentiary hearing on the matter, see id. R. 145(f)(1), after which it signed an order requiring Bell to pay his court costs. However, the trial court failed to make sufficiently detailed findings to support its ruling and permit this Court to conduct its review. See id. R. 145(f)(2), (g).
Accordingly, we direct the trial court to enter detailed findings in support of its order, as required by subsection (f) of Rule 145. See McFadden v. Webb, No. 03-23-00572-CV, 2023 WL 8040785, at *1 (Tex. App-Austin Nov. 20, 2023, order) (on appeal from order sustaining indigency challenge, directing trial court to enter findings in support of order); In re L.A.V., 631 S.W.3d 932, 932 (Tex. App-Houston [14th Dist] 2021, order) (same). A supplemental clerk's record containing those findings shall be filed with the Clerk of this Court by December 6, 2024.
It is ordered.