Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of December 21, 2009

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

In re B.S.H.,   No. 02-08-00334-CV    (Dec. 23, 2009)   (per curiam).

Held:   (1) In a case where an individual obligee receives from an obligor who is not in arrears a child support payment that exceeds the court-ordered amount, the trial court shall give effect to any expressed intent of the obligor to determine the proper application of the amount that exceeds the court-ordered amount. (2) The excess child support payments referred to in family code section 154.012 do not refer to additional or increased payments that an obligor intends to make to meet the current needs of his or her child. Rather, they are excess payments mistakenly made or intended to be advances against future obligations.

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