In the Interest of P.C.S.
Court of Appeals of Texas
1Concurring in part, dissenting in partBea Ann Smith, Justice
I respectfully dissent from the majority’s holding that Father’s inheritance should be included as a resource in the initial calculation of child support. The majority’s strained interpretation of family code section 154.062(b)(5) ignores the plain language of that section that intends to include '“all other income” as a resource. See Tex. Fam.Code Ann. § 154.062(b)(5) (Vernon Supp. 2009). An inheritance is not commonly or legally considered income. The statute specifically characterizes “gifts and prizes” as income for child support purposes; it fails to treat “inheritances” as income for…
2Cases cited4 opinions
- City of Rockwall v. HughesTexas Supreme Court · 2008
- Laidlaw Waste Systems (Dallas), Inc. v. City of WilmerTexas Supreme Court · 1995
- City of Marshall v. City of UncertainTexas Supreme Court · 2006
- Powell v. Swanson, Texas Court of Appeals, 1st District (Houston)1995