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No. 01-02-00361-CV, 7/10/2003. Family Law Click here for the full text of this decision FACTS:This is an appeal from a cumulative money judgment for child support arrearages in the amount of $276,450 entered against, Roger K. Glass, the appellant, in favor of Pat I. Williamson, the appellee. On April 7, 1980, a final decree of divorce was entered in Wayne County, Mich., dissolving the marriage between the appellant and the appellee and ordering appellant to pay the appellee child support for his three children. The support order states the following: “[Appellant] shall pay the sum of [f]orty-three ($43.00) [d]ollars, per week, in advance, to the Office of the Friend of the Court, as and for the support and maintenance of each of the minor children until the children shall respectively attain the age of eighteen (18) years or until the further [o]rder of the Court.” On Dec. 21, 2001, the appellee filed a supplemental motion for cumulative judgment of child support arrears and petition for suspension of licenses for failure to pay child support. On Dec. 31, 2001, the trial court entered a cumulative money judgment in the amount of $276,450 against appellant. HOLDINGReversed and rendered. The support order was not sufficiently definite and certain to be enforceable. The appellant contends that the support order is ambiguous because it does not provide the date the payments are to begin. A child support order must be “sufficiently definite and certain” to be enforceable by a money judgment. Office of the Att’y Gen. v. Wilson, 24 S.W.3d 902 (Tex. App. � Dallas 2000, no pet.). In Ex parte Payne, the relator argued that a divorce decree that does not specify the date for the first payment is ambiguous and as such is unenforceable. Ex parte Payne, 598 S.W.2d 312 (Tex. Civ. App. � Texarkana 1980, orig. proceedings). The Texarkana Court of Appeals held that even if the decree is ambiguous, the judgment is enforceable by contempt. The Texas Supreme Court has held that a divorce decree that specifies the month and day that an insurance obligation begins, but does not specify a year, is too vague to enforce by contempt. Ex parte Acker, 949 S.W.2d 314 (Tex. 1997). In that case, the divorce decree ordered the mother to pay the father $50 per month, beginning June 1, for health insurance for the child, and in a separate provision, ordered her to pay him $500 per month, beginning June 1, 1990, as child support. The decree was not signed until November 1990. Id. at 317. The court stated that “while one may infer that the ‘June’ commencement date for the insurance payments was intended to be June 1990, interpretation of the decree ‘should not rest upon implication or conjecture.’ ” The court concluded that the trial court rendering the decree could have intended to order one parent to bear the entire cost of insurance for a period of time, with the other parent taking over the obligation in June of some future year. The court distinguished the facts of Payne from the facts in Acker, explaining that the Payne court rejected the relator’s argument because the relator had made child support payments for four years before defaulting, while the relator in Acker never made any of the payments. The support order does not provide the day, month or year that the first payment is due. The appellant never made support payments during the period he was allegedly obligated to do so. Under these facts, the court will not infer that the trial court intended the first payment to be due immediately. Accordingly, the support order was not sufficiently definite and certain to be enforceable. OPINION: Hedges, J.; Hedges, Nuchia and Keyes, JJ.

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