Justia Family Law Opinion Summaries

The State Office of Administrative Hearings (SOAH) refused to disclose certain decisions and orders in license suspension cases related to delinquent child support. At issue was whether the information was expressly excepted from disclosure by the Texas Public Information Act, Tex. Gov't Code 552.101-,148. The court declined to read the language of the statute broader than it was written and concluded that the purpose and intent of the statute could be fulfilled by disclosing the requested documents. Accordingly, the court held that the decisions and orders must be disclosed after redaction of information expressly excepted from disclosure and not already in a public record or otherwise in the public domain. Accordingly, the court reversed and remanded for further proceedings.

While married, Petitioner James Iliff was the principal breadwinner for his family of five, and earned approximately $100,000 in salary. He held a Bachelor's Degree in chemistry, and a Masters in Business Administration. In January, 2006, Petitioner voluntarily quit his job, moved in with his mother, and worked intermittently, earning approximately $200 per month. In June, Respondent Jerilyn Iliff filed for divorce. Determining that Petitioner's gross earning potential was not less than $5,000 per month, the divorce court ordered him to pay $1,295 in monthly child support. Petitioner appealed the support order, arguing that under state law, the trial court was required to determine whether his unemployment or underemployment was used primarily to avoid paying child support. The Supreme Court granted Respondent's petition to resolve a split among state courts of appeal on interpretation of state law and the issue of avoiding child support. On review of the underlying cases, the Supreme Court found no requirement that a person owing child support be intentionally unemployed or underemployed to avoid child support, and affirmed the lower courts' decisions against Petitioner.