When couples divorce in Texas, child support is often one of the most difficult and emotional issues to resolve. This is particularly true when a child is permanently disabled and requires lifelong care. A recent Dallas Court of Appeals decision, In the Interest of C.M.S. (2025), highlights how Texas courts handle modification requests, arrearage enforcement, and sanctions in cases involving adult disabled children.
Per the published opinion, in this case, a father sought to reduce his child support obligations for his adult disabled daughter, arguing that her trust income and his own disability made continued payments unfair. The court ultimately upheld his ongoing support obligation but reversed sanctions that had been imposed against him.
For Dallas-area residents considering divorce or already subject to long-term child support orders, this case underscores how Texas law balances the needs of disabled children with the financial realities of their parents. It also provides important lessons about what evidence courts require to modify support and how enforcement proceedings operate years after the original divorce decree.
As a Dallas divorce attorney with more than 25 years of family law experience, we believe cases like this offer practical insights for anyone navigating complex support issues in Dallas County and surrounding communities.
Case Background: Father Seeks to Reduce Child Support for Adult Disabled Child
The parents of C.M.S. divorced in 2009. Their decree incorporated an earlier child support order requiring the father to pay $213 per month in support. Because C.M.S. was permanently disabled, the decree specified that payments would continue indefinitely beyond her eighteenth birthday. In 2010, the mother was appointed guardian of the adult child.
In 2013, the Office of the Attorney General (OAG), the father, and the mother agreed to a Child Support Review Order confirming arrears and setting medical support obligations at $125 per month. Both parents approved the order under oath.
Nearly a decade later, in 2022, the OAG sought to increase the father’s child support and confirm new arrearages. In response, the father filed a counter-petition seeking to decrease his obligation, claiming:
His daughter’s trust and annuity payments should offset his support.
His disability and reduced income warranted modification.
The court lacked jurisdiction because his daughter was already over 18 when the 2013 order was signed.
The trial court partially granted the mother’s summary judgment motion, leaving only the support modification and arrearage confirmation for trial. After hearing testimony in 2024, the court denied all modifications, maintained the existing obligations, and entered judgments for more than $85,000 in arrears. The court also granted the mother’s motion for sanctions, awarding $1,000 in attorney’s fees due to the father’s repeated filings.
The father appealed, raising three issues: (1) his continuing obligation to support his adult disabled daughter, (2) the statute of limitations on arrears collection, and (3) the sanctions order.
Legal Analysis: Child Support & Enforcement Requirements
1. Continuing Child Support for an Adult Disabled Child
The father first argued that the 2013 Child Support Review Order was void because his daughter had turned 18 in 2010. He cited older cases limiting child support jurisdiction beyond the age of majority. However, the Dallas Court of Appeals noted that the Texas Family Code has since been amended.
Under Tex. Fam. Code §§ 154.302 and 154.305, courts may order indefinite support for a disabled child if the disability existed before age 18, and such suits may be brought at any time. The record showed that C.M.S.’s disability was lifelong and acknowledged in the 2009 divorce decree. Therefore, the trial court retained jurisdiction, and the father’s argument failed.
The court also reviewed the father’s claims of material and substantial change. Texas law allows modification if circumstances of the child or parent have changed significantly since the last order (Tex. Fam. Code §§ 156.401–.402). Courts compare historical and current financial circumstances to determine if modification is warranted.
Regarding the daughter’s trust payments: These began in 2012, before the 2013 order. Because they existed at the time of the last order, they did not qualify as a new material change.
Regarding the father’s disability: While he testified about reduced income and VA disability benefits, he failed to provide sufficient historical financial records for comparison. The evidence suggested his resources had actually increased since 2013.
Without adequate proof, the trial court acted within its discretion in denying modification. This aligns with long-standing Texas precedent emphasizing the best interest of the child as the paramount principle (see Iliff v. Iliff, 339 S.W.3d 74 (Tex. 2011)).
2. Enforcement and Statutory Deadlines
The father also claimed that collection of arrearages was time-barred under Tex. Fam. Code § 157.005(b), which allows motions to confirm arrears within 10 years after a child becomes an adult. The appellate court clarified that this provision is not a statute of limitations but a jurisdictional rule for cumulative money judgments.
Since neither the OAG nor the mother sought such a cumulative judgment, the provision did not apply. Courts still retain authority to enforce support through income withholding and liens until arrears are satisfied. This interpretation is consistent with cases like Isaacs v. Isaacs, 338 S.W.3d 184 (Tex. App.—Houston [14th Dist.] 2011).
3. Sanctions Order
Finally, the appellate court considered the sanctions. The trial court had awarded $1,000 under Chapter 9 of the Texas Civil Practice and Remedies Code, finding that the father’s repeated pleadings were groundless and filed in bad faith. However, Chapter 9 applies only to personal injury and property damage cases. Because this was a family law matter, the appellate court reversed the sanctions order.
This outcome illustrates the narrow application of sanctions statutes and the importance of using the correct legal basis when requesting attorney’s fees.
Key Takeaways for Dallas Divorcing Couples
This case provides several important lessons for families navigating divorce and support issues in Dallas:
- Support for Disabled Children Can Be Indefinite
Texas law recognizes that permanently disabled children may require lifelong support. Parents should expect that obligations may extend beyond age 18 when disabilities existed before adulthood. - Modification Requires Strong Evidence
Courts need clear financial comparisons from the time of the prior order to the present. Without detailed records, claims of reduced income or increased expenses may fail. - Trust Payments May Not Offset Support
Even when a disabled child receives trust or annuity income, courts may still require parental support if those payments existed when the last order was entered. - Enforcement Has No Easy Time Bar
Child support arrears remain enforceable long after a child reaches adulthood. Parents cannot rely on the passage of time to escape obligations. - Sanctions Must Be Grounded in Correct Law
While courts may limit repetitive or harassing filings, sanctions must be authorized under the appropriate statute or rule.
For Dallas-area families, these lessons highlight why working with an experienced Dallas family law attorney is essential. A lawyer can evaluate whether modification is realistic, prepare the evidence courts require, and navigate complex enforcement rules.
Strategic Insights: The Value of Experienced Representation
Had different strategies been considered, the outcome in In the Interest of C.M.S. might have been more favorable for the father. For example:
Comprehensive Financial Records
Providing historical tax returns, pay statements, and disability records could have allowed the court to compare financial circumstances and evaluate whether a true material change occurred. Without this, the court had no baseline for modification.Alternative Approaches to Trust Payments
Instead of arguing that trust income eliminated his duty, the father might have requested a proportional credit or sought clarification about how such funds should be factored into overall support. Texas courts are cautious in balancing parental obligations against third-party resources.Targeted Filings
The appellate reversal of sanctions shows that while over-filing did not justify penalties under Chapter 9, excessive motions can complicate proceedings. Strategic, well-supported motions are more effective than repeated filings.Early Legal Advice
Seeking guidance from a seasoned Dallas child support lawyer could have helped the father craft a modification petition supported by stronger evidence and statutory grounds. Experienced counsel understands how Dallas judges evaluate disability income, VA benefits, and trust payments.
For divorcing couples in Dallas, the broader lesson is clear: navigating child support, especially when adult disabled children are involved, requires legal strategy, financial documentation, and careful consideration of statutory authority.
Our firm has represented parents across Dallas, Irving, Richardson, Garland, Mesquite, DeSoto, Grand Prairie, Lakewood, Highland Park, Cockrell Hill, Lancaster, Seagoville, and Duncanville. With more than 25 years of experience, we emphasize honest assessments, strategic advocacy, and compassionate representation.
If you are facing questions about modifying child support or enforcing arrearages, working with a knowledgeable divorce lawyer in Dallas ensures that your case is presented effectively and your rights are protected.
Take Action: Protect Your Custody Rights Through Professional Guidance
Child support cases involving adult disabled children are among the most complex in Texas family law. Courts must balance compassion for the child’s lifelong needs with fairness to the parents. As In the Interest of C.M.S. demonstrates, success in modification or enforcement disputes depends heavily on evidence, statutory interpretation, and strategic filings.
If you are considering divorce, already subject to a long-term support order, or facing arrearages, the guidance of an experienced Dallas divorce attorney is invaluable. Our firm has more than 25 years of experience handling complex divorce, custody, and support matters throughout Dallas County and nearby cities.
We provide:
Transparent communication about realistic outcomes
Compassionate representation in sensitive cases
Strategic legal advocacy backed by decades of Dallas courtroom experience
Schedule a Dallas divorce lawyer consultation today to discuss your situation confidentially. Whether you need help with child custody, child support enforcement, or other family law matters, we are here to guide you.
Visit our Dallas divorce services page or learn more about attorney Michael P. Granata. When you search for a “divorce attorney near me,” trust our experience, honesty, and commitment to securing the best possible outcomes for Dallas families.
