Opinion
No. 06-09-00102-CV
Submitted: April 20, 2010.
Decided: April 21, 2010.
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
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.