Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Holmes v. Williams

Appellant appeals a judgment in favor of the appellee rendering judgment for child-support arrearages, including accrued interest, and ordering that appellee be entitled to issue child-support liens, levies and writs of income withholding as remedies for the collection of unpaid child support. Texas Family Code §157.005(b) only limits jurisdiction over actions brought pursuant to §157.263 (cumulative money judgments for past-due child support), it does not preclude jurisdiction here because the trial court obtained jurisdiction under §157.323 (disputes as to the amount of arrearages stated in a child-support lien). The 2009 amendment to Texas Civil Practice and Remedies Code §34.001, codifying the judicial interpretation that dormancy does not apply to an individual, overdue child-support payment, is not unconstitutionally retroactive as it applies to this case. The trial court's judgment is affirmed. Houston's 1st Court of Appeals, No. 01-09-00991-CV, 05-19-2011.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION

Appellant, Harold Holmes, appeals a judgment in favor of appellee, Amy Williams, determining and rendering judgment for child-support arrearages, including accrued interest, and ordering that Williams be entitled to issue child-support liens, levies, and writs of income withholding as remedies for the collection of unpaid child support. Challenging on the grounds of dormancy and lack of subject-matter jurisdiction, Holmes contends that the trial court erred by determining and rendering judgment for child-support arrearages and ordering that Williams be entitled to the collection remedies. We conclude that dormancy is inapplicable to overdue child-support payments and that the trial court had jurisdiction to determine and render judgment for child-support arrearages and order that Williams be entitled to the collection remedies. Holmes also contends that Williams’s notice of child-support liens was improper as a matter of law and that the trial court abused its discretion by failing to file findings of fact and conclusions of law. We conclude that any impropriety in Williams’s child-support lien or the trial court’s failure to file findings of fact and conclusions of law is harmless. We affirm.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Associate General Counsel, Global Employment

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›
Associate Attorney

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›
INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›
Go to Lawjobs

Breaking news and trends for law firm and legal departments about the evolving federal regulations in a volatile political climate.

Federal Legal News
Special Coverage
Surveys & Rankings
National Law Journal