Opinion
03-23-00572-CV
11-20-2023
Kristine McFadden, Appellant v. Dustin Travis Webb, Appellee
FROM THE 207TH DISTRICT COURT OF COMAL COUNTY NO. C2018-1707B, THE HONORABLE CHARLES A. STEPHENS II, JUDGE PRESIDING
Before Chief Justice Byrne, Justices Kelly and Theofanis
ORDER
PER CURIAM
Kristine McFadden challenges the trial court's ruling that, under Texas Rule of Civil Procedure 145, she is required to pay court costs incurred in appealing a final order in a suit affecting the parent-child relationship. See Tex. R. Civ. P. 145 ("Payment of Costs Not Required"); see also Tex. R. App. P. 20.1 (providing procedure for establishing inability to pay court costs on appeal).
Rule 145 exempts a party from paying court costs, including the reporter's fee, if the party files a sworn statement of inability to pay court costs. Tex.R.Civ.P. 145(a), (b). A trial court may order payment of court costs by a party who has filed a sworn statement of inability to afford court costs (the "declarant") only if, on a motion challenging the statement, the declarant fails to establish her inability to afford costs at an evidentiary hearing. Id. R. 145(e), (f). In addition, under subsection (f) of Rule 145, an order requiring that the declarant pay costs must be supported by detailed findings that the declarant can afford to pay costs, and state in conspicuous type, that the declarant "may challenge this order by filing a motion in the court of appeals within 10 days after the date this order is signed." Id. R. 145(f)(2), (4).
McFadden filed a notice of appeal from a final order in a suit to modify the parent-child relationship, which has been docketed in the Court as cause number 03-23-00428-CV. That same day, McFadden filed a statement of inability to pay court costs. See id. R. 145(b). In response, the court reporter filed a contest to McFadden's statement of inability to pay, and the trial court conducted an evidentiary hearing on the matter. See id. R. 124(f)(1) (oral evidentiary hearing required). Following the hearing, on September 10, 2023, the trial court signed an order sustaining the contest to McFadden's statement and requiring her to pay court costs. However, the trial court failed to make detailed findings to support its ruling.
Accordingly, we direct the trial court to enter findings in support of its order, as required by subsection (f) of Rule 145. See In re L.A.V., 631 S.W.3d 932, 932 (Tex. App - Houston [14th Dist] 2021, order) (on appeal from order sustaining indigency challenge, directing trial court to enter findings in support of order). A supplemental clerk's record containing those findings shall be filed with the Clerk of this Court by December 8, 2023.
It is ordered.