Brenda Kay Burt v. John Layton Burt--Appeal from 19th District Court of McLennan County

NO. 10-90-215-CV

IN THE

COURT OF APPEALS

FOR THE

TENTH DISTRICT OF TEXAS

AT WACO

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BRENDA KAY BURT,

Appellant

v.

JOHN LAYTON BURT,

Appellee

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From 19th Judicial District Court

McLennan County, Texas

Trial Court # 90-1648-1

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O P I N I O N

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Brenda and John Burt, the parents of three minor children, were divorced. Brenda contends the court abused its discretion when it ordered John to pay monthly child support of $500 rather than $738 per month as required by the guidelines in the Family Code. See Tex. Fam. Code Ann. 14.055 (Vernon Supp. 1991). She also complains that the amount of child support ordered was unjust. The judgment will be affirmed.

A court may determine that application of the child-support guidelines would be inappropriate or unjust. Id. at 14.055(a). In doing so, it may consider any additional factors which increase or decrease the obligor's ability to pay child support. Id. at 14.053(e), 14.054. The court entered written findings listing the various factors which justified the variance from the amount of child support required under the guidelines.

Brenda's first point is that the court abused its discretion when it refused to follow the guidelines. She has the burden of providing a record on appeal sufficient to show reversible error. See Tex. R. App. P. 50(d). However, the appellate record does not include a statement of facts, as the parties waived that at the hearing.

Findings of fact are binding on the appellate court unless either the contrary is established as a matter of law or there is no evidence to support the findings. McGalliard v. Kuhlmann, 722 S.W.2d 694, 696 (Tex. 1986). Without a statement of facts, we are unable to find that the court should have followed the guidelines as a matter of law. Moreover, we must presume that the evidence supported the findings and judgment of the court. See Mays v. Pierce, 154 Tex. 487, 281 S.W.2d 79, 82 (1955). Point one is overruled.

Brenda's second point must also be overruled because, without a statement of facts, we cannot find that the amount of child support awarded was so unjust as to amount to an abuse of discretion. The judgment is affirmed.

BOB L. THOMAS

Chief Justice

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Affirmed

Opinion delivered and filed June 20, 1991

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