Child Support and Sole Managing Conservatorship

In the Interest of G.L.S., was a case out of Tyler where the husband and wife were divorced in 2001.Wife was named sole managing conservator.Husband was ordered to pay 50% of the cost of health insurance and 50% of uninsured.Husband was not ordered to pay child support but he was responsible for all costs of transportation associated with his visitation.

In 2006, the wife filed a motion to modify seeking child support and asked that weekend visitation be suspended because the husband was living in a homeless shelter.The husband countered asking for child support claiming that he could not afford housing because wife relocated which increased his expenses for visitation.Both parties were pro se.

The court sent the parties notice of trial and after trial the court modified visitation, ordered child support of $240/month and found arrearages over $5,000.On appeal, the husband argued that wife should not have been allow to proceed to trial without producing the financial information required under the Family Code.However, that issue was not preserved.

The Court of Appeals found in the wife’s favor and affirmed the trial court’s decision.