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In Interest of T.L.K.

Court of Appeals of Texas, Fourth District, San Antonio
Mar 2, 2005
No. 04-04-00442-CV (Tex. App. Mar. 2, 2005)

Opinion

No. 04-04-00442-CV

Delivered and Filed: March 2, 2005.

Appeal from the 166th Judicial District Court, Bexar County, Texas Trial Court No. 1983-CI-13980, Honorable Martha Tanner, Judge Presiding

Associate Judge Richard Garcia entered findings and recommendations which were adopted and ordered by the Honorable Martha Tanner.

Dismissed for Lack of Jurisdiction.

Sitting: Alma L. LÓPEZ, Chief Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.


MEMORANDUM OPINION


Anthony Kalenkosky was held in contempt for failing to pay child support and sentenced to six months in jail. Kalenkosky's sentence was suspended based on his making payments toward an arrearage judgment. The terms and conditions of the suspension were modified to require a lump sum payment after Kalenkosky received a lump sum award of social security benefits. Kalenkosky seeks to appeal the modification order claiming that the order required him to make child support payments in excess of fifty percent of his disposable earnings.

The validity of a contempt order cannot be attacked by direct appeal. See Ex parte Williams, 690 S.W.2d 243, 243 n. 1 (Tex. 1985); In re K.S.E., No. 04-02-00319-CV, 2003 WL 21269585, at *1 (Tex.App.-San Antonio June 4, 2003, no pet.). Contempt orders must be reviewed by an application for writ of habeas corpus, if the contemnor has been confined, or by a petition for writ of mandamus, if the contemnor has not been confined. Ex parte Casillas, 25 S.W.3d 296, 297 n. 1 (Tex.App.-San Antonio 2000, orig. proceeding); see also In re Clark, No. 10-03-00037-CV, 2004 WL 1632768, at *1-3 (Tex.App.-Waco Jul. 24, 2004, orig. proceeding). Because we do not have jurisdiction to consider Kalenkosky's complaint regarding the modification of the contempt order by appeal, this appeal is dismissed for lack of jurisdiction. In the event Kalenkosky files an application for writ of habeas corpus or a petition for writ of mandamus, see Tex.R.App.P. 52, this court will entertain a motion to transfer the records from this appeal to the newly filed original proceeding.


Summaries of

In Interest of T.L.K.

Court of Appeals of Texas, Fourth District, San Antonio
Mar 2, 2005
No. 04-04-00442-CV (Tex. App. Mar. 2, 2005)
Case details for

In Interest of T.L.K.

Case Details

Full title:IN THE INTEREST OF T.L.K., a Child

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Mar 2, 2005

Citations

No. 04-04-00442-CV (Tex. App. Mar. 2, 2005)