IN THE

TENTH COURT OF APPEALS

No. 10-01-320-CV

IN THE INTEREST OF A.L.B., A CHILD

From the 170th District Court

McLennan County, Texas

Trial Court # 2000-599-4

                                                                                                                                                                                                                          

MEMORANDUM OPINION

                                                                                                                

      This is an appeal from an order denying a motion to modify child support in a suit affecting the parent-child relationship. Pursuant to the divorce decree, Ryan Douglas Everett was obligated to pay child support to Jennifer Marie Baldwin, his former wife and the managing conservator of their daughter. Everett filed a motion to modify his support obligations during his incarceration with the Texas Department of Criminal Justice. The trial court denied his motion. We will affirm the trial court’s order.

      Baldwin sued Everett for divorce in February 2000. Soon thereafter, Everett violated his probation for a conviction of indecency with a child and, after his probation was revoked, was sent to prison in April. The final hearing of the divorce proceedings occurred in July, and Everett failed to appear because he was incarcerated. As a result of his non-appearance, the trial court granted all of Baldwin’s requested relief, which included a dissolution of the marriage and an order requiring Everett to pay $155 per month in child support.

      In May 2001, Everett filed a motion to modify his support obligations on the ground that his incarceration constituted a material and substantial change such that his payments should be suspended until he is released from prison. Tex. Fam. Code Ann. § 156.401(a)(1) (Vernon Supp. 2002). Everett, however, was incarcerated at the time the trial court issued the original child support order in July 2000. Therefore, his incarceration is not a material and substantial change.

      Thus, we affirm the trial court’s order denying his motion.

                                                                         BILL VANCE

                                                                         Justice

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Affirmed

Opinion delivered and filed May 1, 2002

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[CV06]

.

      Immediately after mediation, the mediator must advise this Court, in writing, only that the case did or did not settle, and the amount of the mediator’s fee paid by each party.  The mediator’s fees will be taxed as costs.  Unless the mediator agrees to mediate without fee, the mediator must negotiate a reasonable fee with the parties, and each party must pay a proportionate share of the agreed-upon fee directly to the mediator.

            Failure or refusal to attend the mediation as scheduled and to actively participate in the mediation may result in the imposition of sanctions, as permitted by law.

            Any objection to this Order must be filed with this Court and served upon all parties within ten days after the date of this Order, or it is waived.

 

PER CURIAM

Before Chief Justice Gray,

        Justice Davis, and

        Justice Scoggins

Order issued and filed January 26, 2011

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