Rosscer Craig Tucker, Ii, Petitioner v. Lizabeth Thomas, Respondent

Summary

The Texas Supreme Court held that, in the absence of express statutory authority, a trial court lacks discretion to characterize attorney's fees awarded in a non‑enforcement modification suit as necessaries or as additional child support. Accordingly, the Court reversed the Court of Appeals' judgment in part and remanded for further proceedings consistent with this opinion. Justice Guzman, concurring in part and dissenting in part, agreed with the holding but provided additional historical commentary.