TUCKER v. THOMAS

No. 12-0183.

419 S.W.3d 292 (2013)

Rosscer Craig TUCKER, II, Petitioner, v. Lizabeth THOMAS, Respondent.

Supreme Court of Texas.

Decided December 13, 2013.


Attorney(s) appearing for the Case

Allison Hughes Jones, Allison Jones & Associates. P.C., Alyssa P. Lemkuil,   Daniel J. Lemkuil,   Janice Lynn Berg, The Law Office of Daniel J. Lemkuil, Houston, TX, for Petitioner Rosscer Craig Tucker, II.

Marshall Davis Brown Jr., Pavlas Brown & York, L.L.P., Houston, TX, Walter P. Mahoney Jr., Law Office of Walter P. Mahoney, Jr., Pasadena, TX, for Respondent Lizabeth Thomas.


Justice GREEN delivered the opinion of the Court.

In this case, we consider whether a trial court has authority to order a parent to pay attorney's fees as additional child support in a non-enforcement modification suit under Title 5 of the Texas Family Code. The court of appeals held that the trial court in this modification suit under Chapter 156 of the Family Code had discretion to characterize an award of attorney's fees as necessaries and, as necessaries, had...

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