How to Appeal a Child Support Order In Texas ?
A court's child support order will not be disturbed on appeal unless the complaining party shows that the order constituted a clear abuse of the court's discretion. See Worford v. Stamper, 801 S.W.2d 108, 109 (Tex. 1990); Panozzo v. Panozzo, 904 S.W.2d 780, 785 (Tex. App.--Corpus Christi 1995, no writ).
The test for abuse of discretion is whether the court acted arbitrarily or unreasonably, without reference to any guiding rules and principles. See id.
Errors premised on evidence insufficiency are not segregable from an abuse of discretion point of error. See Scott v. Younts, 926 S.W.2d 415, 420-21 (Tex. App.--Corpus Christi 1996, writ denied).
Whether there is any evidence to support the court's support order is a relevant consideration in determining if the district court abused its discretion. See id. at 421.
Various guidelines used in regulating the court's discretion appear in chapter 154 of the Texas Family Code. Section 154.121 of chapter 154 provides that "the child support guidelines in [subchapter c] are intended to guide the court in determining an equitable amount of child support." TEX. FAM. CODE 154.121 (Vernon 1996).
An amount of child support that complies with the child support guidelines, when the obligor's monthly net resources are $ 6000 or less, is reasonable and in the best interest of the child. See TEX. FAM. CODE 154.122 (Vernon 1996); Panozzo, 904 S.W.2d at 784.
The percentage guideline for three children is thirty percent of the obligor's net resources. See TEX. FAM. CODE 154.125 (Vernon 1996).
The family code provides that the court shall calculate net resources by considering all personal service income, interest, dividends, royalty income, self-employment income, net rental income, and "all other income actually being received." See TEX. FAM. CODE 154.062 (Vernon 1996).