Office of the Attorney General of Texas v. David S. Crawford

Opinion issued August 31, 2010

In The

Court of

Appeals

For The

First District

of Texas

————————————

NO. 01-08-00681-CV

———————————

Office of the Attorney General of Texas , Appellant

V.

David S.

Crawford ,

Appellee

On Appeal from the 311th District Court

Harris County, Texas

Trial Court Case No. 1994-14977

O P I N I O N

This appeal calls upon us to determine

whether the Office of the Attorney General, in its capacity as the state’s

Title IV–D agency, has standing to sue to modify a child support order to

provide support for adult disabled children.

Because the Family Code excludes the OAG from its statutory grant of

standing to specified classes of individuals authorized to bring such an

action, and the OAG has received no assignment of rights from any individual

who is authorized to file the suit, we affirm the trial court’s order of

dismissal.

Background

Appellee David S. Crawford was divorced in 1994. The divorce decree provided that his former

spouse would be the sole managing conservator of the couple’s two children,

W.C.C. and M.M.C. Crawford was ordered

to pay monthly child support for both children until either of them turned 18

(or if fully enrolled in high school, graduated), and thereafter a reduced

amount of support for the remaining child on the same terms. Subsequently he fell behind on his child support

payments.

Title IV – D of the

Social Security Act requires states to enforce child support obligations, and

the legislature has designated the Office of the Attorney General as the Title IV–D agency for Texas. [1] The Family Code establishes the OAG’s rights

and responsibilities relating to the collection of child support. [2] Pursuant to that authority, the OAG filed

suit against Crawford to enforce the child support order. In May 2006, the trial court signed an agreed

order holding that Crawford owed approximately $11,000 in unpaid past child

support through February 2006.

In

June 2007, the OAG filed a new

petition, this time seeking to modify the support order and confirm an

additional arrearage in child support payments.

Crawford responded by filing an October 2007 motion to terminate child

support based on W.C.C. turning 18 in June 2003 and M.M.C. turning 18 in

September 2007.

The OAG then filed a supplemental suit for modification of the child

support order. It claimed that because

both of Crawford’s adult children suffer from disabilities that existed before

each turned 18, they are entitled to continuing support. See

Tex. Fam. Code

Ann. §§ 154.301–.309 (Vernon 2008 &

Supp. 2009).

Crawford

challenged the OAG’s authority to pursue the action in the absence of an

assignment from a person with standing to sue under Family Code section 154.303. [3] In response the OAG argued that, as the Title IV–D agency, it had authority to bring

the suit based on general standing principles.

Alternatively, the OAG

argued that it had an assignment as a matter of law due to the operation of

other provisions of the Family Code. The

trial court ruled that the OAG did not demonstrate its standing and dismissed

the case without prejudice. The OAG

appeals from this ruling. [4]

Analysis

In its sole issue, the OAG argues that its suit for

modification of a support order should not have been dismissed. It claims to have independent standing to sue Crawford in order to modify the existing

child support order and require him to make support payments to benefit his adult

disabled children. Standing is a

threshold issue for any lawsuit. A party

who lacks standing cannot invoke the subject-matter jurisdiction of the

court. See, e.g. , Tex. Ass’n of Bus.

v. Tex. Air Control Bd. , 852 S.W.2d 440, 443 (Tex. 1993). Courts must pay scrupulous attention to

questions about a plaintiff’s standing out of respect for the separation of

governmental powers. See id. at 444 .

The only disputed issue in this

appeal is one of statutory construction, which we review de novo. See

City of Rockwall v. Hughes , 246

S.W.3d 621, 625 (Tex. 2008). The

supplemental suit for modification was filed by the OAG pursuant to Family Code

chapter 154, subchapter F, which authorizes court-ordered support

for adult disabled children. The

statutory scheme includes a provision expressly identifying limited classes of

parties authorized to seek relief:

A suit

provided by this subchapter may be filed only by:

(1) a parent of the child or another person having

physical custody or guardianship of the child under a court order; or

(2) if the

child:

(A) is 18 years of age or older;

(B) does not have a mental disability; and

(C) is determined by the court to be capable of

managing the child’s financial affairs.

Tex. Fam. Code Ann. § 154.303(a)

(Vernon 2008). The statute also

contemplates that a party authorized to seek relief may assign that right to the OAG, in its

capacity as the State’s Title IV–D

agency:

The parent,

the child, if the child is 18 years of age or older, or other person may not

transfer or assign the cause of action to any person, including a governmental

or private entity or agency, except for an assignment made to the Title IV–D agency.

Id . § 154.303(b). The OAG’s pleading did

not indicate that it had been assigned the right to file the suit. Nor does the OAG now argue that its suit has been authorized in the form of an express

assignment from any of the persons granted standing to sue by section 154.303.

Instead, the OAG argues that in its capacity as the state’s Title IV–D agency, it has general

standing, apart from section 154.303,

to seek modification of the child support order . In this regard it relies upon

Family Code section 102.007, which states that “In providing [Title IV–D] services

authorized by Chapter 231, the Title IV–D agency . . . may file a child support

action authorized under this title, including a suit for modification or a

motion for enforcement.” Tex. Fam. Code Ann. § 102.007 (Vernon Supp. 2009). The OAG’s suit seeks a modification of child support which is

authorized, in substance, under the title in question, Family Code title 5 , which generally addresses

parent-child relationships and suits affecting the parent-child relationship.

The OAG also

argues that its general powers as the state’s Title IV–D agency establish its

standing. The Family Code bestows upon the OAG qualified powers to “establish and enforce child support obligations,” [5] provide services required

by Title IV–D, [6] and represent the State in an

action relating to Title IV–D services . [7] The OAG thus argues

that because it acquired the right to provide general Title IV–D services on

behalf of W.C.C. and M.M.C. , it

also has standing to sue Crawford to modify the existing child support order.

Crawford

does not question the OAG’s general standing to provide Title IV–D services. Instead, he contends that the OAG’s claim to

standing is expressly negated by Family Code section 154.303, which more specifically

addresses the standing question. We

agree. That statute provides that a suit

to obtain court-ordered support for a disabled adult child “may be filed only

by” specified parties, of whom the OAG is not one. Id . § 154.303(a).

The use of the word “only” expressly excludes from the scope of

statutory standing all persons other than those identified. [8] “We rely on the plain meaning of the text

unless a different meaning is supplied by legislative definition, is apparent

from the context, or unless such a construction leads to absurd results.” See,

e.g. , State v. K.E.W. , 315 S.W.3d

16 , 2010 WL 2635981, at *4 (Tex. 2010).

The plain meaning of section 154.303(a) thus precludes the OAG’s

arguments for standing to sue on more general principles, without resort to any

other interpretive aids. This reading is

also consistent with the traditional rule of statutory construction in Texas

that the more specific statutory provision controls over the more general. E.g. ,

Horizon/CMS Healthcare Corp. v. Auld ,

34 S.W.3d 887, 901 (Tex. 2000); Lufkin v.

City of Galveston , 63 Tex. 437, 439 (1885).

We also note that the OAG’s general standing argument does violence to

the structure of section 154.303 because it would render meaningless section 154.303(b)’s requirement of a specific assignment to the

OAG. The legislature could not have

intended such a result. See In

re Derzapf , 219 S.W.3d 327, 332 (Tex. 2007).

In the alternative, the OAG argues

that it received a general assignment as a matter of law, relying upon In re A.M.E. , 71 S.W.3d 401 (Tex.

App—San Antonio 2001, no pet.), and Villarreal

v. Villarreal , No. 14‑03‑00577‑CV,

2004 WL 1381025 (Tex. App.—Houston [14th Dist.] June 22, 2004, no pet.) (mem.

op). Both of these cases are

distinguishable because they involved the assignment of support rights to the

OAG which is legally deemed to occur upon an application for child support

services. [9]

To the contrary, in light of the

specific language of section 154.303,

which excludes the OAG from its grant of standing, all arguments based on

general principles of standing must fail.

General standing rules do not apply when a statute creates an express

exception. See, e.g. , Bland Indep. Sch.

Dist. , 34 S.W.3d at 556 ; Hunt v. Bass ,

664 S.W.2d 323, 324 (Tex. 1984); Everett

v. TK-Taito, L.L.C. , 178 S.W.3d 844, 850 (Tex. App.—Fort Worth 2005,

no pet.); In re Sullivan , 157 S.W.3d

911, 915 (Tex. App.—Houston [14th Dist.] 2005, orig. proceeding [mand. denied]). For

that reason, the general principle under section 231.104 that the OAG has a

statutory assignment of support rights for the purpose of establishing and

enforcing child support and medical‑support obligations does not suffice

to establish the OAG’s standing to file this suit in light of the more specific

language and express exclusion of the OAG from the narrow class of individuals

granted standing to sue pursuant to section 154.303.

Similarly,

the fact that the OAG had standing to file its original petition to enforce

Crawford’s child support obligations does not mean that it maintained standing

to file a subsequent petition to require continuing support payments for adult

disabled children. A party may have

standing to sue another for one purpose but not others; “standing is not

dispensed in gross.” Lewis v. Casey , 518 U.S. 343 , 358 n.6,

116 S. Ct. 2174 , 2183 n.6 (1996). In

this case, the OAG’s standing cannot be inferred from its prior action to

enforce support obligations because section 154.303 specifically provides that

unless it has received an assignment, the OAG does not have standing to file

suit for the purpose of establishing support for adult disabled children.

This result

does not preclude the OAG from assisting adult disabled children to obtain

support as provided in the Family Code.

Our application of the statute merely enforces the legislature’s expressly

stated intent to require the OAG to obtain a specific assignment before doing

so.

We hold that Family Code section

154.303 requires a specific assignment from a person listed in section

154.303(a) in order for the OAG to have standing to sue to modify an existing child support order to

provide support for adult disabled children.

It is undisputed that the OAG did not have such an assignment . Accordingly, we affirm the trial court’s order

of dismissal.

Michael

Massengale

Justice

Panel consists of Justices Jennings, Alcala,

and Massengale.

[1]

See Office of Attorney Gen. v. Lee , 92 S.W.3d 526 , 527 n.1 (Tex. 2002) (citing 42 U.S.C.

§ 654(4)).

[2]

See id . (citing Tex. Fam. Code Ann. §§

231.001, .0011, .101 (Vernon 2008)).

[3]

Crawford

initially presented this challenge in the form of a motion to show authority

pursuant to Rule 12 of the Texas Rules of Civil Procedure. The OAG contends this issue should have been

presented by a plea to the jurisdiction instead. Regardless of the procedural vehicle,

Crawford challenged the OAG’s standing, which is an essential prerequisite to

the court’s subject matter jurisdiction.

See, e.g. , Bland Indep. Sch. Dist. v. Blue , 34

S.W.3d 547 , 553–54 (Tex. 2000) (noting that absence of subject‑matter

jurisdiction may be raised by procedural vehicles other than plea to

jurisdiction).

[4]

Crawford

contends the case is moot because

he has paid the child support arrearage.

As acknowledged in his brief, however, this fact is not contained within

the appellate record, and we are therefore unable to resolve the appeal on this

basis.

[5]

Tex. Fam. Code Ann. § 231.002(d)(1)(A) (Vernon Supp. 2009). Under this provision, “ on approval by and in cooperation with the governor” the Title IV–D agency may establish

and enforce child support obligations pursuant to “reciprocal

arrangements with the federal government, another state, or a foreign country

or a political subdivision of the federal government, state, or foreign country.” Id .

[6]

Id . § 231. 101(a)(3), (4) (Vernon Supp. 2009). The services specifically authorized by this

provision include establishment of “child support and medical support

establishment” and the “review and adjustment of child support orders.” Id .

[7]

Id . § 231. 109 (Vernon 2008). This provision

applies to actions brought under the authority of federal law or under Family Code chapter 231.

Id .

[8]

See, e.g. , T he New Shorter Oxford English Dictionary on Historical Principles

2000 (Lesley Brown ed., 1993 ed.) (defining “only” to mean, among other things,

“no more than; nothing other than; . . . nothing more besides; solely, merely,

exclusively” or “By itself, alone, without anything else”).

[9]

See Tex.

Fam. Code Ann. § 231. 104(b) (Vernon 2008). In re A.M.E. was a case in which the trial court allowed a child support obligor to

make arrearage payments directly to the child’s grandmother, instead of the

OAG. In

re A.M.E. , 71 S.W.3d at 402 . The San

Antonio Court of Appeals reversed, holding that Family Code section 231.104

requires that payments be made to the OAG when it provides Title IV–D

services. Id. at 403 . No question

about an assignment of rights was presented in Villarreal , in which the OAG was asked to provide Title IV–D

services to collect unpaid child support under an existing child support

order. The Fourteenth Court of Appeals

simply noted section 231.104’s requirement that

payments be made to the OAG when the OAG provides Title IV–D services, but it

was not a disputed issue in the case. Villarreal , 2004 WL 1381025 , at *1

n.1. Neither A.M.E. nor Villarreal

presented a question about the OAG’s right to

sue to modify an existing child support

order to provide support for adult disabled children, and nothing in Family

Code section 231.104 purports to assign

to the OAG the right to file such a suit, as opposed to the right to collect

support.