In Re Marriage of Rocha

After Andria M. Rocha (wife) filed an order to show cause regarding an increase in child support payments from her former spouse, Alexandre A. Rocha (husband), the court ordered an increase and included as income that portion of husband’s student loan for law school above the cost of books and tuition. Husband appeals persuasively arguing that the student loan retains its loan status irrespective of the fact that the proceeds were in excess of the costs of books and tuition. Thus, we reverse.

Facts

The parties were married in 1989 and their marriage was dissolved in 1994. Two children were bom of that union. Husband entered law school and obtained loans to finance his tuition and for his living expenses while in school. The difference between husband’s student loans and his actual school expenses, tuition and books, is about $9,000. The court found that the loans received in excess of actual school expenses are income for purposes of assessing child support despite the fact that this income is derived from loans.

Discussion

This case requires us for the first time to consider whether a student loan, later subject to repayment, falls within the meaning of Family Code…