Dorshaw v. Dorshaw

I respectfully concur. The majority, by way of dicta, in its opinion states that the adoption of the Family Code mandates a holding in line with the quoted provisions of Duke v. Duke, 448 S.W.2d 200 (Tex.Civ. App.—Amarillo 1969, no writ). The statements in the majority opinion are not only wrong, they have absolutely nothing to do with the result in affirming the trial court in this case. In Duke, (not followed by other courts), the court allowed a modification of a contractual agreement to pay child support, based on the reasoning that a court has a responsibility for the welfare of minor…