[DOWNLOAD] "Kurtz v. Kurtz" by Court of Appeals Second District of Texas Fort Worth * eBook PDF Kindle ePub Free
eBook details
- Title: Kurtz v. Kurtz
- Author : Court of Appeals Second District of Texas Fort Worth
- Release Date : January 30, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
In this appeal we are asked to determine whether the trial court erred when it refused to award attorneys fees and costs to appellant Julia L. Kurtz ("Julia") pursuant to an agreed divorce decree providing, in part, for the payment of attorneys fees and costs in "a subsequent suit to modify child support." We also determine whether Julias child support modification claims are so inextricably intertwined with her financial claims asserted against appellee Ronald D. Kurtz ("Ronald") and her defense of his counterclaims that segregation of her attorneys fees is not required. Because we conclude the provision in the agreed divorce decree unambiguously requires Ronald to pay reasonable and necessary attorneys fees and costs in a subsequent action to modify child support, we hold the trial court erred in refusing to award any fees under the provision. We further hold Julia is not required to segregate attorneys fees and costs relating to her modification of child support claim from those expended in defense of Ronalds counterclaims pertaining to the child support award and offsets for direct payments to Julia. However, we hold segregation is required for attorneys fees and costs incurred in connection with Julias remaining financial claims against Ronald and her defense of his other counterclaims. Accordingly, we reverse and remand for a determination of Julias attorneys fees and costs.