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appellee, Ricky Leggett (“Father”), to pay child support. Years later, a Louisiana court modified the Texas order by suspending current support and canceling outstanding arrears. In 2007, appellant, the Office of the Attorney General of Texas (“OAG”), attempted to confirm arrears that had allegedly accrued under the 1992 Texas support order but had subsequently been cancelled by the Louisiana order. The trial court ultimately denied the OAG's request to confirm arrears, concluding that Louisiana-exercising its exclusive jurisdiction over the support order-had cancelled all support owed under the 1992 Texas order. The trial court ordered that the OAG take nothing and assessed sanctions against the OAG for its collection efforts pending trial. The OAG now challenges two orders signed by the trial court in favor of Father. We reverse and remand.
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FOOTNOTES
FN4. The OAG also contends that the 1999 Louisiana order is ambiguous and, considering extrinsic evidence, that the Louisiana order should not be construed as a modification to the 1992 Texas support order. As explained below, the Court's resolution of the jurisdictional issue moots this particular argument. We therefore need not address whether the 1999 Louisiana order is ambiguous. See Tex.R.App. P. 47.1.. FN4. The OAG also contends that the 1999 Louisiana order is ambiguous and, considering extrinsic evidence, that the Louisiana order should not be construed as a modification to the 1992 Texas support order. As explained below, the Court's resolution of the jurisdictional issue moots this particular argument. We therefore need not address whether the 1999 Louisiana order is ambiguous. See Tex.R.App. P. 47.1.
FN5. Father also argues that Louisiana attempted to modify the 1992 Texas support order in the 1998 Louisiana order that directed Father to pay an additional $80.00 a month for outstanding arrears. We need not address this particular argument because the Court's resolution of the jurisdictional issue moots the argument. See Tex.R.App. P. 47.1.. FN5. Father also argues that Louisiana attempted to modify the 1992 Texas support order in the 1998 Louisiana order that directed Father to pay an additional $80.00 a month for outstanding arrears. We need not address this particular argument because the Court's resolution of the jurisdictional issue moots the argument. See Tex.R.App. P. 47.1.
FN6. The OAG only sought enforcement of the 1992 Texas support order; the OAG made no effort to modify the 1992 Texas support order. Compare Tex. Fam.Code Ann. § 159.205, with § 159.206.. FN6. The OAG only sought enforcement of the 1992 Texas support order; the OAG made no effort to modify the 1992 Texas support order. Compare Tex. Fam.Code Ann. § 159.205, with § 159.206.
FN7. It is also worth noting that we do not construe Mother's request to cease collection services rendered by the OAG as a mutual agreement between the parties to modify the 1992 Texas support order.. FN7. It is also worth noting that we do not construe Mother's request to cease collection services rendered by the OAG as a mutual agreement between the parties to modify the 1992 Texas support order.
FN8. Because the Louisiana court did not have jurisdiction to modify the 1992 Texas support order, Father's argument that the 1998 Louisiana order also modified the Texas order is of no legal consequence. Louisiana lacked jurisdiction to modify the Texas order-in 1998 and 1999-because the statutory requirements were not satisfied under the UIFSA.. FN8. Because the Louisiana court did not have jurisdiction to modify the 1992 Texas support order, Father's argument that the 1998 Louisiana order also modified the Texas order is of no legal consequence. Louisiana lacked jurisdiction to modify the Texas order-in 1998 and 1999-because the statutory requirements were not satisfied under the UIFSA.
FN9. Because we reverse the trial court's January 23, 2009 order and remand for further proceedings consistent with our opinion, we do not address the OAG's second issue regarding the amount of arrears accrued under the 1992 Texas support order.. FN9. Because we reverse the trial court's January 23, 2009 order and remand for further proceedings consistent with our opinion, we do not address the OAG's second issue regarding the amount of arrears accrued under the 1992 Texas support order.
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Docket No: NO. 14-09-00179-CV
Decided: June 10, 2010
Court: Court of Appeals of Texas, Houston (14th Dist.).
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