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Horton v. Horton

This is an appeal from an order requiring appellant's employers to withhold earnings and to remit the amounts withheld to the Texas Child Support Disbursement Unit. Appellant argues the trial court's findings relating to child support have no evidentiary basis and cannot be supported by the record. Appellant contends that the statute of repose prevents the issuance of a writ of withholding. He also contends that his Social Security benefits are exempt from execution and levy under federal law. Both issues are overruled and the trial court's judgment is affirmed. Beaumont Court of Appeals, No. 09-10-00063-CV, 03-10-2011.

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OPINION

This is an appeal from an order requiring appellant’s employers to withhold earnings and to remit the amounts withheld to the Texas Child Support Disbursement Unit. See Tex. Fam. Code Ann. § 158.004 (West 2008). The children’s father, Billy Horton, appeals from the trial court’s September 29, 2009, order requiring that Billy’s employers withhold nine hundred dollars monthly or an amount not exceeding 50 percent of Billy’s disposable earnings.*fn1 The trial court’s withholding order is based on arrearages arising under Billy’s divorce decree, dated August 1968, dissolving his marriage with Verna Horton and requiring him to pay child support. The decree orders Billy to pay child support in the amount of $125 per month to support his three children, who at the time the decree was entered were minors.*fn2 After the trial court entered the order to withhold earnings, Billy timely perfected his appeal.

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