Court of Appeals of Texas, Fourth District, San Antonio
the 57th Judicial District Court, Bexar County, Texas Trial
Court No. 1995EM501946 The Honorable Nick Catoe, Jr., Judge
Sitting: Sandee Bryan Marion, Chief Justice Rebeca C.
Martinez, Justice Luz Elena D. Chapa, Justice
C. Martinez, Justice
Weatherspoon, Jr. appeals from the trial court's
"Order Foreclosing Child Support Lien." We affirm
the judgment of the trial court.
parentage of A.M.W. was established by order signed on May
16, 1995. In the same order, the trial court entered a
judgment against Weatherspoon in favor of the Office of the
Attorney General (OAG) in the amount of $2, 080 with interest
at a rate of 12% per year. At the time, Weatherspoon was
incarcerated. To satisfy the retroactive child support
obligation, monthly payments in the amount of $35 were
ordered to commence on the 30th day after Weatherspoon's
release from incarceration. Weatherspoon was also ordered to
pay current support in the amount of $130 per month to
commence on the 30th day after his release.
remained incarcerated for 17 years. At the time of his
release, A.M.W. was emancipated and thus no current support
obligation ever commenced. Weatherspoon was released from
incarceration for approximately two years, during which time
he made payments totaling $4, 866.08 on the arrearage.
16, 2015, after Weatherspoon was re-incarcerated, the OAG
notified Weatherspoon that it had filed a lien against his
inmate trust account and that a foreclosure action may be
initiated. On August 13, 2015, the OAG filed a petition to
foreclose the lien. A hearing was held on February 11, 2016;
Weatherspoon participated by telephone. At the hearing,
Weatherspoon admitted that he owed the arrearage, but claimed
that the May 16, 1995 order excused him from paying on the
arrearage while incarcerated. At the close of the hearing,
the trial court granted the OAG's petition to foreclose
on the lien. The trial court subsequently signed "Order
Foreclosing Child Support Lien" confirming an arrearage
in the amount of $1, 653.28 as of February 10, 2016 and
granting judgment against Weatherspoon and in favor of the
OAG in the amount of $1, 653.28 with interest. The trial
court also ordered Weatherspoon to make monthly payments of
$35 beginning March 1, 2016. Weatherspoon timely appealed.
his issues on appeal liberally, Weatherspoon appears to
contend that: (1) the interest rate on the arrearage should
be reduced from 12% to 6% in accordance with section 157.265
of the Family Code; (2) the trial court erred in failing to
file findings of fact and conclusions of law; and (3) he
should not be ordered to make payments on the arrearage while
January 2002, the interest on a cumulative money judgment for
child support and arrearages was twelve percent simple
interest. See Act of May 6, 1993, 73rd Leg., R.S.,
ch. 150, §§ 1, 3, 1993 Tex. Gen. Laws 302, 302
(amended 1995, 1999, 2001 & 2005). In 2001, the
Legislature amended the pertinent statute, Family Code
section 157.265, with an effective date of January 1,
2002. See Tex. Fam. Code Ann.
§ 157.265 (West 2014). This amendment reduced the
interest on child support from twelve percent to six percent.
See id. The effective date language of the 2001
statute provided that the new interest rate applied to unpaid
child support that has not been judicially confirmed and
reduced to judgment. See id. The Texas Supreme Court
has held that the effective date language of the 2001
amendment to section 157.265, when read in its entirety, does
not require retroactive application of the interest
rate. In re M.C.C., 187 S.W.3d 383, 385 (Tex. 2006).
Because Weatherspoon was ordered to pay the arrearage on May
16, 1995, and because section 157.265 does not apply
retroactively, we cannot agree that the trial court erred in
continuing interest at twelve percent. We overrule
Weatherspoon's first issue.
next asserts that the trial court abused its discretion in
failing to file findings of fact and conclusions of law
pursuant to his request. See Tex. R. Civ. P. 297.
However, Rule 297 requires not only an initial request for
findings of fact and conclusions of law, but also a
"Notice of Past Due Findings of Fact and Conclusions of
Law" if the trial court fails to timely file the
requested findings and conclusions. See id. The
record does not reflect that Weatherspoon filed this past due
"reminder." Thus, he has waived his right to
complain of the error on appeal. See Pierson v. GFH Fin.
Servs. Corp., 829 S.W.2d 311, 314 (Tex. App.-Austin
1992, no writ). We accordingly overrule his second issue.
Weatherspoon argues that he is not required to make payments
on the arrearage while incarcerated and thus the trial court
erred in granting the OAG's request to foreclose the
child support lien. The May 16, 1995 order provides that the
retroactive child support payments shall commence 30 days
after Weatherspoon's release from incarceration.
Weatherspoon was released from incarceration in 2012 and made
payments for the next two years until he was again
incarcerated. The 1995 order does not provide that payments
shall be abated or suspended upon ...