Buzbee v. Buzbee

In Buzbee v. Buzbee, 870 S.W.2d 335, 339 (Tex. App.-Waco 1994, no writ), the Waco Court of Appeals, interpreting section 14.41(c) of the family code, the predecessor statute of section 157.008(e), held that the plain language of section 14.41(c) provided that the party claiming its benefits "must prove: (1) that he had possession of the child for periods in excess of the court-ordered periods of possession; (2) during which he incurred expenses for actual support of the child." Buzbee, 870 S.W.2d at 340-41. Section 14.41(c) read: Possession of Child by Obligor. If the managing conservator has voluntarily relinquished to the obligor the actual care, control, and possession of a child for a time period in excess of the court-ordered periods of possession of and access to the child, the child support order continues unabated until further order of the court as provided by Section 14.08 of this code. However, an obligor who has provided actual support to the child during such time periods may seek reimbursement for that support as a counterclaim or offset against the claim of the managing conservator. An action against the managing conservator for support supplied to a child shall be limited to the amount of periodic payments previously ordered by the court. Act of May 27, 1985, 69th Legis., R.S., ch. 232, 9, 1985 Tex. Gen. Laws 1158, 1163, repealed by Act of April 6, 1995, 74th Leg., R.S., ch. 20 2(1), 1995 Tex. Gen. Laws 113, 282.