Opinion issued August 23, 2018

In The

Court of Appeals 

For The 

First District of Texas 

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NO. 01-17-00305-CV

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RANDELL ADAMS, Appellant

V.

KIMBERLY MCCRAY ADAMS, Appellee

On Appeal from the 300th District Court

Brazoria County, Texas

Trial Court Case No. 79412-f

MEMORANDUM OPINION

The Family Code provides multiple, nonexclusive options for enforcing an 

order to pay child support.* A person enforcing a child-support order is entitled to 

 

* See, e.g., TEX. FAM. CODE § 154.124(c) (terms of agreement pertaining to 

child support may be enforced by all remedies available for enforcement of a 

judgment); id. § 157.001(b) (contempt); id. § 157.003 (no election of 
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recover reasonable attorney’s fees and court costs in addition to child-support 

arrearages “if the court finds that the respondent has failed to make child support 

payments.” TEX. FAM. CODE § 157.167(a). Such a fees award “may be enforced by 

any means available for the enforcement of child support, including contempt.” Id.

Randell Adams failed to pay child support as ordered by the couple’s 

divorce decree. Kimberly McCray Adams sought to enforce the child-support 

order. She obtained a writ of execution to collect on the final judgments that arose 

by operation of law when Randell failed to pay. See id. § 157.261(a). In the order 

on her application for writ of execution, the trial court found that “Kimberly 

Adams has a valid enforceable judgment against Randell Adams for past due child 

support” and that it was “wholly unsatisfied and subject to execution.” The 

constable took possession of non-exempt property and held an execution sale. 

Proceeds from the sale were placed in the court’s registry, and both parties sought 

disbursement of the money.

 

remedies); id. § 157.263 (money judgment for arrearages); id. § 157.264(a) 

(money judgment for past-due or retroactive child support enforceable by 

any means available for the enforcement of a judgment for debts or 

collection of child support); id. §§ 157.311–.331 (perfection and foreclosure 

of child support lien); id. §§ 158.001–.507 (income withholding); TEX. CIV.

PRAC. & REM. CODE § 31.002 (collection of judgment through court 

proceedings); id. §§ 34.001–.076 (execution on judgments); id. §§ 61.001–

.082 (attachment); id. §§ 63.001–.008; TEX. R. CIV. P. 621 (enforcement of 

judgment by execution or other process). 
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After additional litigation, including a mandamus proceeding in this court 

related to Kimberly’s collection efforts, the trial court heard Kimberly’s motion for 

attorney’s fees, which was based on her affidavit and a timesheet detailing her 

activities and the time spent in collecting past-due child support. The court ordered 

Randell to pay $30,675.00 in attorney’s fees, and he appealed.

Randell contends that the award of attorney’s fees lacks a statutory basis. 

We disagree. The trial court’s finding that Kimberly had a valid enforceable 

judgment against Randell for past-due child support was a finding that he failed to 

pay child support. See TEX. FAM. CODE § 157.167(a). An award of attorney’s fees 

was mandatory in this circumstance. See id.; Tucker v. Thomas, 419 S.W.3d 292, 

300 (Tex. 2013).

The court’s award of attorney’s fees was based on the affidavit and 

timesheet of Kimberly’s attorney. Randell also asserts that the evidence was 

insufficient to support the award of attorney’s fees, but this argument has been 

waived due to inadequate briefing. See TEX. R. APP. P. 38.1(i). 

Randell argues at length about the validity of a child-support lien and the 

writ of execution and why neither supports an award of attorney’s fees. Having 

concluded that the award of attorney’s fees was mandatory under section 157.167, 

Randell’s other arguments do not alter the outcome of the appeal, and therefore we 

need not address them. See TEX. R. APP. P. 47.1.
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We affirm the order of the trial court. All pending motions are denied.

PER CURIAM

Panel consists of Chief Justice Radack, Justice Massengale, and Justice Brown.