Court of Appeals of Texas, Second District, Fort Worth
THE 43RD DISTRICT COURT OF PARKER COUNTY TRIAL COURT NO.
MEIER, SUDDERTH, and KERR, JJ.
MEMORANDUM OPINION 
three issues, Appellant, the mother of E.G., appeals the
trial court's order awarding Appellee, the child's
father, attorney's fees and denying her claims that she
is entitled to retroactive child support and medical expenses
related to E.G. We will affirm.
and Appellee married in 1991. Appellant filed for divorce in
2009, and on May 17, 2011, the trial court signed a Final
Decree of Divorce. In that decree, Appellee was ordered to
pay child support beginning May 1, 2011, with that duty
terminating when E.G. turned eighteen years old or graduated
from high school. After E.G. graduated and turned eighteen,
Appellee's employer continued to withhold child support
for another seventeen weeks, totaling $3, 628.82 in
Appellee was unsuccessful in getting the withholdings
terminated, he filed a petition to terminate the withholding
order and to recover the excess payments. After initially
filing a general denial, Appellant, in her first amended
pleading, alleged an affirmative defense of excessive demand
as well as claims against Appellee for fifty percent of
out-of-pocket medical expenses, reimbursement for various
expenses related to E.G.'s attending college, and
retroactive child support.
hearing on Appellee's petition and Appellant's
counter-petition, Appellee testified that his employer told
him that he needed a letter from the Office of the Attorney
General to stop the withholding and that the Office of the
Attorney General said that he needed to contact the Parker
County District Clerk. According to Appellee, the Parker
County District Clerk directed him to paperwork on a website
that required Appellant's signature. He averred that
Appellant, though aware of the overpayments, refused to
reimburse him and refused to sign the paperwork he believed
he needed to stop the withholding. Appellee said that because
of Appellant's lack of cooperation, he retained counsel
and filed the petition to terminate withholding.
medical expenses, Appellee testified that Appellant had never
provided him notice that she had incurred any out-of-pocket
medical expenses as required by the divorce decree. He also
stated that because he provided E.G. with insurance, he had
received documents from the insurance company, including
explanation-of-benefits documents, but that he always
forwarded those documents to Appellant and that he had never
testified that she did not sign the paperwork Appellee
presented to her because she thought she would waive her
rights to retroactive child support and because Appellee was
demanding that she leave E.G.'s graduation celebration so
that the two of them could sign the paperwork with a notary.
Appellant also testified she received the seventeen
overpayments but did not reimburse Appellee.
trial court granted judgment in favor of Appellee in the
amount of $3, 628.82 for reimbursement of excess payments and
also awarded Appellee's counsel $1, 000.00 in
attorney's fees. The trial court denied Appellant's
claims for medical expenses, other expenses related to
E.G.'s attending college, and retroactive child support.
This appeal followed.