Gaxiola v. Garcia

Appellee is the father of the minor child triggering the obligation and was required to pay $475 per month in child support to Appellant on behalf of the child, pursuant to a temporary order filed on July 25, 2003. On August 27, 2003, Appellee filed a motion to modify the temporary orders on the basis that he had moved back to El Paso, Texas from Phoenix, Arizona and was earning less money. On October 29, 2003, a hearing was held and thereafter, on February 9, 2004, the trial court entered an order establishing a reduced child support obligation of $343.50. The order reflects that the trial court pronounced judgment in this proceeding on November 1, 2003, the order was signed on February 9, 2004 and was filed on February 12, 2004. Appellant, the mother of the child, filed a Notice of Appeal complaining of the trial courts order. Appellant filed a request that the trial court issue findings of fact and conclusions of law. Significantly, no notice of past due findings of fact or conclusions of law was filed.