In re C.Y.K.S.

The prohibition in Texas Fam. Code 231.211(a) that courts may not assess costs at the conclusion of a Title VI-D case against a party who was provided services by the Title IV-D agency applies to courts of appeals.Shana Williams filed a suit that resulted in a determination that Christopher Spates was the father of Williams’ child and an order that he pay child support. The trial court later signed a modification order that retroactively reduced Spates’s child support obligation. Williams subsequently moved successfully to void the modification order based on a procedural anomaly. The court of appeals reinstated the modification order and assessed court costs against Williams. The Office of the Attorney General (OAG) moved for rehearing regarding the assessment of costs, arguing that section 231.211(a) prohibited the assessment. The court of appeals denied the motion on the grounds that the prohibition does not apply to appellate courts. The Supreme Court reversed on this issue, holding that the OAG has statutory standing to bring this appeal and that section 231.211(a)’s prohibition of the assessment of fees and costs applies to both trial courts and appellate courts. View "In re C.Y.K.S." on Justia Law