Deltuva v. Deltuva, 113 S.W.3d 882 (Tex. App. 2003). · Go Syfert
Deltuva v. Deltuva, 113 S.W.3d 882 (Tex. App. 2003). Cases Citing This Book View Copy Cite
122 citation events (122 in the last 25 years) across 1 distinct court.
Strongest positive: William Bates v. Melinda Bates (texapp, 2024-11-27)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) William Bates v. Melinda Bates
Tex. App. · 2024 · confidence medium
Because each spouse bears the responsibility to provide the trial court with sufficient evidence of the value of the community estate to enable the court to make a just-and-right division, see Murff v. Murff, 615 S.W.2d 696 , 698–99 (Tex. 1981); Finch v. Finch, 825 S.W.2d 218, 221 (Tex. App.—Houston [1st Dist.] 1992, no writ), a spouse who does not present evidence regarding the value of property to be divided may not complain on appeal that the trial court lacked sufficient information to properly divide the estate, see In re Marriage of C.A.S. & D.P.S., 405 S.W.3d 373, 385 (Tex. App.—D…
discussed Cited as authority (rule) In the Interest of Julie Ann Primera, a Child v. the State of Texas
Tex. App. · 2024 · confidence medium
Yes, sir, I guess it’s the way it’s worded.” She later again confirmed that the money “was really treated just as—just like child support,” replying, “Yes, I would say so.” 9 Deltuva v. Deltuva, 113 S.W.3d 882, 888 (Tex. App.—Dallas 2003, no pet.). 10 We have previously recognized that the purpose of child support is to fulfill a parent’s “natural and moral obligation” to provide for and support their offspring.
discussed Cited as authority (rule) Vivek Veagandula v. Sree Rekha Vedullapalli
Tex. App. · 2024 · confidence medium
He omitted A1 Innovative entirely from subsequent amended inventories and appraisements. 10 The spreadsheet attached as an exhibit to the trial court’s judgment reflects the court’s intent to reconstitute “1/3 of $246,430.25,” which would be $82,143.48. –16– Generally, “when a party does not provide values for property to be divided, that party may not complain on appeal that the trial court lacked sufficient information to properly divide the property.” Deltuva v. Deltuva, 113 S.W.3d 882, 887 (Tex. App.—Dallas 2003, no pet.); Slicker, 464 S.W.3d at 858 .
examined Cited as authority (rule) In the Interest of I.P., a Child v. the State of Texas (3×) also: Cited "see", Cited "see, e.g."
Tex. App. · 2023 · confidence medium
We conclude that Isaias is correct. “[W]hen a party does not provide values for property to be divided, that party may not complain on appeal that the trial court lacked sufficient information to properly divide the property.” Deltuva v. Deltuva, 113 S.W.3d 882, 887 (Tex. App.—Dallas 2003, no pet.); accord In re M.H.A., No. 05-20-00787-CV, 2022 WL 2527003 , at *5 (Tex. App.—Dallas July 7, 2022, no pet.) (mem. op.); In re Marriage of C.A.S. & D.P.S., 405 S.W.3d 373, 385, 389, 391 (Tex. App.—Dallas 2013, no pet.); Talliti v. Sarris, No. 05-10-00096-CV, 2011 WL 2859996 , at *6 (Tex. App…
discussed Cited as authority (rule) In the Matter of the Marriage of Misti Cooper and Kevin Cooper v. the State of Texas
Tex. App. · 2023 · confidence medium
“The trial court [has discretion to] award spousal maintenance only if the party seeking [it] meets specific [statutory] requirements.” Deltuva v. Deltuva, 113 S.W.3d 882, 888 (Tex. App.—Dallas 2003, no pet.); see TEX.
discussed Cited as authority (rule) In the Matter of the Marriage of Nathan Levi Lavender and Candice Marie Lavender and in the Interest of H.L.L., J.G.L., and I.K.L., Children v. the State of Texas
Tex. App. · 2023 · confidence medium
“The trial court [has discretion to] award spousal maintenance only if the party seeking [it] meets specific [statutory] requirements.” Deltuva v. Deltuva, 113 S.W.3d 882, 888 (Tex. App.—Dallas 2003, no pet.); see TEX.
discussed Cited as authority (rule) Jennifer Anne Cannon-Hunter v. Bradford L. Hunter
Tex. App. · 2023 · confidence medium
Standard of Review “A trial court’s decision to award or not award spousal maintenance is reviewed under an abuse-of-discretion standard.” Browne v. Browne, No. 03-08-00185-CV, 2010 WL 1730066 , at *3 (Tex. App.—Austin Apr. 29, 2010, no. pet.) (mem. op.) (citing Deltuva v. Deltuva, 113 S.W.3d 882, 888 (Tex. App.—Dallas 2003, no pet.)).
discussed Cited as authority (rule) Dennis Wayne Glenn v. Patty Ann Glenn
Tex. App. · 2022 · confidence medium
Todd v. Todd, 173 S.W.3d 126, 129 (Tex.App.— Fort Worth 2005, pet. denied); Deltuva v. Deltuva, 113 S.W.3d 882, 887 (Tex.App.—Dallas 2003, no pet.)(op. on reh’g); Sereno v. Sereno, No. 13–08–00691–CV, 2010 WL 5541709 , at *2 (Tex.App.—Corpus Christ Dec. 30, 2010, no pet.)(mem. op.); Vannerson v. Vannerson, 857 S.W.2d 659, 670 (Tex.App.—Houston [1st Dist.] 1993, writ denied); see also LeBlanc v. LeBlanc, 761 S.W.2d 450, 453 (Tex.App.—Corpus Christi 1988), aff’d, 778 S.W.2d 865 (Tex. 1989)(holding that “where an appellant fails to provide values on any of the property to th…
discussed Cited as authority (rule) Christopher Timothy Sherman v. Mollie Marie Sherman
Tex. App. · 2022 · confidence medium
AWARD OF SPOUSAL MAINTENANCE “An award of spousal maintenance is intended to provide temporary and rehabilitative support for a spouse whose ability to support herself has eroded over time while engaged in homemaking activities and whose capital assets are insufficient to provide support.” In re Marriage of Hallman, No. 06-09-00089-CV, 2010 WL 619290 , at *5 (Tex. App.—Texarkana 2010, pet. denied) (mem. op.) (citing Deltuva v. Deltuva, 113 S.W.3d 882, 888 (Tex. App.—Dallas 2003, no pet.)).
discussed Cited as authority (rule) in the Interest of M.H.A, and Z.H.A., Children
Tex. App. · 2022 · confidence medium
However, Husband provided no evidence concerning the existence or value of these assets. “[W]hen a party does not provide values for property to be divided, that party may not complain on appeal that the trial court lacked sufficient information to properly divide the property.” Deltuva v. Deltuva, 113 S.W.3d 882, 887 (Tex. App.—Dallas 2003, no pet.) (op. on reh’g).
discussed Cited as authority (rule) Douglas Walter Kirk v. Valerie Ann Kirk (2×) also: Cited "see"
Tex. App. · 2022 · confidence medium
Second, “when a party does not provide values for property to be divided, that party may not complain on appeal that the trial court lacked sufficient information to properly divide property.” Sheldon, 2013 WL 6175586 , at *6 (quoting Deltuva v. Deltuva, 113 S.W.3d 882, 887 (Tex. App.—Dallas 2003, no pet.)).
discussed Cited as authority (rule) Elmer Goode v. Geraldine Vargas Garcia
Tex. App. · 2021 · confidence medium
When a spouse does not provide evidence of values of property subject to division, the spouse “may not complain on appeal that the trial court lacked sufficient information to properly divide the property.” Deltuva v. Deltuva, 113 S.W.3d 882, 887 (Tex. App.—Dallas 2003, no pet.).
cited Cited as authority (rule) in the Interest of K.C.E. and L.T.E., Children
Tex. App. · 2021 · confidence medium
Moroch v. Collins, 174 S.W.3d 849, 857 (Tex. App.—Dallas 2005, pet. denied); Deltuva v. Deltuva, 113 S.W.3d 882, 886 (Tex. App.—Dallas 2003, no pet.).
cited Cited as authority (rule) in the Matter of the Marriage of Kenneth Wallis and Melissa Wallis
Tex. App. · 2021 · confidence medium
Howe, 551 S.W.3d at 254 ; Aduli v. Aduli, 368 S.W.3d 805, 820 (Tex. App.—Houston [14th Dist.] 2012, no pet.); Deltuva v. Deltuva, 113 S.W.3d 882, 887 (Tex. App.—Dallas 2003, no pet.).
cited Cited as authority (rule) Sabrina Ismail v. Mohammad Sayem Khan
Tex. App. · 2020 · confidence medium
Aduli, 368 S.W.3d at 820 ; Chinn, 2012 Tex. App. LEXIS 1687 , at *24; Deltuva v. Deltuva, 113 S.W.3d 882, 887 (Tex. App.—Dallas 2003, no pet.).
cited Cited as authority (rule) in the Interest of J.P.M., V.M. and A.M., Children
Tex. App. · 2019 · confidence medium
Deltuva v. Deltuva, 113 S.W.3d 882, 887 (Tex. App.—Dallas 2003, no pet.).
discussed Cited as authority (rule) in the Interest of I.B., a Child
Tex. App. · 2019 · confidence medium
In Deltuva v. Deltuva, 113 S.W.3d 882, 887 (Tex. App.—Dallas 2003, no pet.), we explained that “when a party does not provide values for property to be divided, that party may not complain on appeal that the trial court lacked sufficient information to properly divide the property.” Father did not make any offer of proof after the trial court sustained Mother’s objection to his participation at trial.
discussed Cited as authority (rule) in the Matter of the Marriage of Wilma McCoy and Charles E. McCoy
Tex. App. · 2018 · confidence medium
Analysis “An award of spousal maintenance is intended to provide temporary and rehabilitative support for a spouse whose ability to support herself has eroded over time while engaged in homemaking activities and whose capital assets are insufficient to provide support.” In re Marriage of Hallman, No. 06-09-00089-CV, 2010 WL 619290 , at *5 (Tex. App.—Texarkana 2009, pet. denied) (mem. op.) (citing Deltuva v. Deltuva, 113 S.W.3d 882, 888 (Tex. App.—Dallas 2003, no pet.)).
discussed Cited as authority (rule) Ronald v. Mathis v. Karen E. Mathis
Tex. App. · 2018 · confidence medium
If “a party does not provide values for property to be divided, that party may not complain on appeal that the trial court lacked sufficient information to properly divide property.” Deltuva v. Deltuva, 113 S.W.3d 882, 887 (Tex. App.—Dallas 2003, no pet.); accord Aduli, 368 S.W.3d at 820 ; Todd v. Todd, 173 S.W.3d 126, 129 (Tex. App.—Fort Worth 2005, pet. denied).
cited Cited as authority (rule) Donald L. Schindler v. Elizabeth M. Schindler
Tex. App. · 2018 · confidence medium
Id.; Deltuva v. Deltuva, 113 S.W.3d 882, 888 (Tex. App.—Dallas 2003, no pet.).
cited Cited as authority (rule) David Robertson v. Oksana Robertson
Tex. App. · 2015 · confidence medium
Tellez v. Tellez, 345 S.W.3d 689, 691 (Tex.App.—Dallas 2011, no pet.); Deltuva v. Deltuva, 113 S.W.3d 882, 888 (Tex.App.-Dallas 2003, no pet.).
discussed Cited as authority (rule) Tayton Seth Finley v. Marguerite Breanne Finley
Tex. App. · 2015 · confidence medium
See id. § 154.130; Deltuva v. Deltuva, 113 S.W.3d 882, 886 (Tex. App.—Dallas 2003, no pet.) (op. on reh’g) (holding that trial court was not required to make child support findings because the written request was filed more than ten days after the hearing).
cited Cited as authority (rule) in the Interest of S.V & S v. Children
Tex. App. · 2014 · confidence medium
Deltuva v. Deltuva, 113 S.W.3d 882, 886 (Tex. App.—Dallas 2003, no pet.).
discussed Cited as authority (rule) Cliressa Elaane Brown v. Ronald Peter Brown, Jr. (2×)
Tex. App. · 2014 · confidence medium
Deltuva v. Deltuva, 113 S.W.3d 882, 888 (Tex. App.—Dallas 2003, no pet.).
discussed Cited as authority (rule) Cliressa Elaane Brown v. Ronald Peter Brown, Jr. (2×)
Tex. App. · 2014 · confidence medium
Deltuva v. Deltuva, 113 S.W.3d 882, 888 (Tex. App.—Dallas 2003, no pet.).
discussed Cited as authority (rule) Michael Sheldon v. Karen Sheldon
Tex. App. · 2013 · confidence medium
However, Michael also failed to present evidence of the values of the antique furniture and pickups, as well as other assets the trial court divided—the 16-foot trailer, community 12 expenses related to the pending lawsuit, and loan to his brother.7 “[W]hen a party does not provide values for property to be divided, that party may not complain on appeal that the trial court lacked sufficient information to properly divide property.” Deltuva v. Deltuva, 113 S.W.3d 882, 887 (Tex. App.—Dallas 2003, no pet.); see Aduli v. Aduli, 368 S.W.3d 805, 820 (Tex. App.—Houston [14th Dist.] 2012, n…
discussed Cited as authority (rule) Saheed Bello v. Koren Bello
Tex. App. · 2013 · confidence medium
“When a party does not 12 provide values for property to be divided, that party may not complain on appeal that the trial court lacked sufficient information to properly divide the property.” Aduli, 368 S.W.3d at 820 ; see also Todd v. Todd, 173 S.W.3d 126, 129 (Tex. App.—Fort Worth 2005, pet. denied); Deltuva v. Deltuva, 113 S.W.3d 882, 887 (Tex. App.—Dallas 2003, no pet.); Vannerson, 857 S.W.2d at 670 .
cited Cited as authority (rule) in the Interest Of: B.A.E, Z.R.E and A.C.E
Tex. App. · 2013 · confidence medium
Deltuva v. Deltuva, 113 S.W.3d 882, 886 (Tex. App.—Dallas 2003, no pet.).
discussed Cited as authority (rule) In the Matter of the MARRIAGE OF C.A.S. AND D.P.S. (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
Deltuva v. Deltuva, 113 S.W.3d 882, 887 (Tex.App.-Dallas 2003, no pet.) (op. on reh’g); Sereno v. Sereno, No. 13-08-00691-CV, 2010 WL 5541709 , at *2 (Tex.App.-Corpus Christi Dec. 30, 2010, no pet.) (mem. op.); Todd v. Todd, 173 S.W.3d 126, 129 (Tex.App.-Fort Worth 2005, pet. denied); Vannerson, 857 S.W.2d at 670 .
discussed Cited as authority (rule) Fardad Aduli v. Valerie Aduli
Tex. App. · 2012 · confidence medium
Murff v. Murff, 615 S.W.2d 696, 698-99 (Tex.1981); Finch v. Finch, 825 S.W.2d 218, 221 (Tex.App.-Houston [1st Dist.] 1992, no writ). ‘When a party does not provide values for property to be divided, that party may not complain on appeal that the trial court lacked sufficient information to properly divide the property.” Deltuva v. Deltuva, 113 S.W.3d 882, 887 (Tex.App.-Dallas 2003, no pet.); accord Todd v. Todd, 173 S.W.3d 126, 129 (Tex.App.-Fort Worth 2005, pet. denied); Tschirhart, 876 S.W.2d at 509 .
discussed Cited as authority (rule) Barbara Sias-Chinn v. Fred Henry Chinn
Tex. App. · 2012 · confidence medium
"When a party does not provide values for property to be divided, that party may not complain on appeal that the trial court lacked sufficient information to properly divide the property." Deltuva v. Deltuva , 113 S.W.3d 882, 887 (Tex. App.--Dallas 2003, no pet.); accord Todd v. Todd , 173 S.W.3d 126, 129 (Tex. App.--Fort Worth 2005, pet. denied); Tschirhart v. Tschirhart , 876 S.W.2d 507, 509 (Tex. App.--Austin 1994, no writ).
discussed Cited as authority (rule) Barbara Sias-Chinn v. Fred Henry Chinn
Tex. App. · 2012 · confidence medium
“When a party does not provide values for property to be divided, that party may not complain on appeal that the trial court lacked sufficient information to properly divide the property.” Deltuva v. Deltuva, 113 S.W.3d 882, 887 (Tex. App.—Dallas 14 2003, no pet.); accord Todd v. Todd, 173 S.W.3d 126, 129 (Tex. App.—Fort Worth 2005, pet. denied); Tschirhart v. Tschirhart, 876 S.W.2d 507, 509 (Tex. App.—Austin 1994, no writ).
discussed Cited as authority (rule) William Henry Jackson v. Patricia Jackson
Tex. App. · 2011 · confidence medium
See Burney v. Burney, 225 S.W.3d 208, 215 (Tex. App.—El Paso 2006, no pet.) (“It is the responsibility of the parties 7 to provide the trial judge with a basis upon which to make the division.”); Deltuva v. Deltuva, 113 S.W.3d 882, 887 (Tex. App.—Dallas 2003, no pet.) (“When a party does not provide values for property to be divided, that party may not complain on appeal that the trial court lacked sufficient information to properly divide the property.”).2 We overrule William’s first issue.
discussed Cited as authority (rule) William Henry Jackson v. Patricia Jackson
Tex. App. · 2011 · confidence medium
See Burney v. Burney , 225 S.W.3d 208, 215 (Tex. App.--El Paso 2006, no pet.) ("It is the responsibility of the parties to provide the trial judge with a basis upon which to make the division."); Deltuva v. Deltuva , 113 S.W.3d 882, 887 (Tex. App.--Dallas 2003, no pet.) ("When a party does not provide values for property to be divided, that party may not complain on appeal that the trial court lacked sufficient information to properly divide the property."). (2) We overrule William's first issue.
discussed Cited as authority (rule) Tellez v. Tellez (2×) also: Cited "see"
Tex. App. · 2011 · confidence medium
See Tex. Fam.Code Ann. § 8.051; see also, e.g., In re Marriage of McFarland, 176 S.W.3d 650, 657 (Tex.App.-Texarkana 2005, no pet.) ($1531.66 monthly shortfall, award of $1,200 for two years and $800 for third year); Deltuva, 113 S.W.3d at 888 ($2,757 monthly shortfall; $650 per month award); Yarbrough, 151 S.W.3d at 692 (monthly shortfall $2,600, award $1339).
cited Cited as authority (rule) in the Matter of the Marriage of Kandy Hill Hallman and Charles David Hallman
Tex. App. · 2010 · confidence medium
Deltuva v. Deltuva, 113 S.W.3d 882, 888 (Tex. App.––Dallas 2003, no pet.).
cited Cited as authority (rule) Christopher Lee Baker v. State
Tex. App. · 2008 · confidence medium
Deltuva v. Deltuva , 113 S.W.3d 882, 888 (Tex. App.––Dallas 2003, no pet.).
cited Cited as authority (rule) In the Interest of J.D.D.
Tex. App. · 2008 · confidence medium
Deltuva v. Deltuva, 113 S.W.3d 882, 887 (Tex.App.-Dallas 2003, no pet.) (op. on reh’g).
cited Cited as authority (rule) In Re JDD
Tex. App. · 2008 · confidence medium
Deltuva v. Deltuva, 113 S.W.3d 882, 887 (Tex.App.-Dallas 2003, no pet.) (op. on reh'g).
discussed Cited as authority (rule) Mavis Clifton Dunaway v. Susan Dawn Dunaway (2×) also: Cited "see"
Tex. App. · 2007 · confidence medium
Deltuva v. Deltuva , 113 S.W.3d 882, 888 (Tex. App. C Dallas 2003, no pet.) (citing O = Carolan v. Hopper , 71 S.W.3d 529, 533 (Tex. App. C Austin 2002, no pet.)).
discussed Cited as authority (rule) In the Interest of M.A.S. (2×) also: Cited "see"
Tex. App. · 2007 · confidence medium
In re E.A.C., 162 S.W.3d 438, 441 (Tex.App.-Dallas 2005, no pet.); Deltuva v. Deltuva, 113 S.W.3d 882, 886 (Tex.App.-Dallas 2003, no pet.).
discussed Cited as authority (rule) In Re MAS (2×) also: Cited "see"
Tex. App. · 2007 · confidence medium
In re E.A.C., 162 S.W.3d 438, 441 (Tex.App.-Dallas 2005, no pet.); Deltuva v. Deltuva, 113 S.W.3d 882, 886 (Tex.App.-Dallas 2003, no pet.).
discussed Cited as authority (rule) In Re Mas (2×) also: Cited "see"
Tex. App. · 2007 · confidence medium
In re E.A.C., 162 S.W.3d 438, 441 (Tex.App.-Dallas 2005, no pet.); Deltuva v. Deltuva, 113 S.W.3d 882, 886 (Tex.App.-Dallas 2003, no pet.).
discussed Cited as authority (rule) In the Interest of M.A.S. (2×) also: Cited "see"
Tex. App. · 2007 · confidence medium
In re E.A.C., 162 S.W.3d 438, 441 (Tex.App.-Dallas 2005, no pet.); Deltuva v. Deltuva, 113 S.W.3d 882, 886 (Tex.App.-Dallas 2003, no pet.).
discussed Cited as authority (rule) Aurelio Sotelo Flores v. Letisia Cuevas
Tex. App. · 2007 · confidence medium
Similarly, in Deltuva v. Deltuva , the Dallas Court of Appeals, citing section 154.001(a)(1), stated that "[a]bsent a contractual agreement," a trial court could not require support for children who had left high school and were over the age of eighteen, and held that the trial court abused its discretion in failing to provide a reduction in the father's child support obligations for these events. 113 S.W.3d 882, 887 (Tex. App.--Dallas 2003, no pet.).
cited Cited as authority (rule) Garner v. Garner
Tex. App. · 2006 · confidence medium
In re E.A.C., 162 S.W.3d 438, 441 (Tex.App.-Dallas 2005, no pet.); Deltuva v. Deltuva, 113 S.W.3d 882, 886 (Tex.App.-Dallas 2003, no pet.).
cited Cited as authority (rule) Crane v. Crane
Tex. App. · 2006 · confidence medium
Deltuva v. Deltuva, 113 S.W.3d 882, 888 (TexApp.-Dallas 2003, no pet.) (op. on reh’g); O’Carolan v. Hopper, 71 S.W.3d 529, 533 (Tex.App.-Austin 2002, no pet.).
cited Cited as authority (rule) Lou Crane v. Donald Crane
Tex. App. · 2006 · confidence medium
Deltuva v. Deltuva , 113 S.W.3d 882, 888 (Tex. App.—Dallas 2003, no pet.) (op. on reh’g); O’Carolan v. Hopper , 71 S.W.3d 529, 533 (Tex. App.—Austin 2002, no pet.).
discussed Cited as authority (rule) In Re the Marriage of McFarland
Tex. App. · 2005 · confidence medium
In Deltuva v. Deltuva, 113 S.W.3d 882, 888-89 (Tex.App.-Dallas 2003, no pet.), the Fifth Court of Appeals reversed a trial court’s award of spousal maintenance because the award’s duration was longer than three years, but otherwise approved the general decision to award spousal maintenance.
cited Cited as authority (rule) Newberry v. Bohn-Newberry
Tex. App. · 2004 · confidence medium
Deltuva v. Deltuva, 113 S.W.3d 882, 886 (Tex.App.-Dallas 2003, no pet.).
Retrieving the full opinion text from the archive…
John Paul DELTUVA, Appellant,
v.
Barbara DELTUVA, Appellee
05-02-00802-CV.
Court of Appeals of Texas.
Aug 28, 2003.
113 S.W.3d 882
Craig A. Jackson, Dallas, for Appellant., Sharon M. Easley, Easley & Marquis, PLLC, Plano, for Appellee.
Farris, Parris, Rosenberg, Wright.
Cited by 84 opinions  |  Published

OPINION ON REHEARING

Justice FARRIS.

Opinion by

We grant appellant’s amended motion for rehearing and withdraw the opinion and judgment of June 24, 2003. The following is now the opinion of the Court.

In this appeal from a final decree of divorce, John Paul Deltuva (John) presents six issues concerning his child support obligations, the division of the marital estate, the award of spousal maintenance, and the trial court’s failure to file findings of fact and conclusions of law. Barbara Deltuva (Barbara) presents two cross points, contending the trial court erred by failing to find she suffered actual damages as a result of John’s intentional infliction of emotional distress and failing to order John to pay all of her attorney’s fees.

We reverse and remand that portion of the divorce decree requiring John to pay spousal maintenance for four years because the family code does not, under the facts of this case, permit spousal maintenance for a period greater than three years. We reverse and remand the child support order for reductions in accordance with the guidelines as the obligation to support each child terminates. We resolve John’s remaining issues against him. We decline to address Barbara’s cross points.

Child Support

In his first issue, John contends the evidence is legally and factually insufficient to support the provision in the final decree of divorce ordering him to pay $1,800 each month for child support. John claims the evidence presented at trial was insufficient to prove his income and, as a result, the trial court abused its discretion in setting any amount of child support. As part of his sixth issue he argues that he is not able to effectively present his first issue because the trial court failed to provide findings of fact and conclusions of law as requested.

First, with regard to the findings of fact, the family code provides that the trial court is required to make findings of fact on an order of child support if:

• a party files a written request with the court not later than 10 days after the date of the hearing;
• a party makes an oral request in open court during the hearing; or
• the amount of child support ordered by the court varies from the amount computed by applying the percentage guidelines.

Tex. Fam.Code Ann. § 154.130(a)(Vernon 2002). The last day of the divorce trial was November 16, 2001. John filed his written request for findings of fact and[*886] conclusions of law on Monday, March 11, 2002, more than ten days after the hearing. The record does not reflect an oral request for findings. Finally, the jury found his net earnings were $125,000. The entry of $1,800.00 per month is within the child support guidelines for three children for a parent with over $6,000 in net resources. Accordingly, the trial court was not required to make findings of fact. We resolve the part of John’s sixth issue complaining about the lack of findings of fact concerning child support against him.

Next, in reviewing the child support order, we use an abuse of discretion standard. In re D.S., 76 S.W.3d 512, 516 (Tex.App.-Houston [14th Dist.] 2002, no pet.). A court abuses its discretion when it rules arbitrarily, unreasonably, or without regard to guiding rules or principles. McGuire v. McGuire, 4 S.W.3d 382, 384 (TexApp.-Houston [1st Dist.] 1999, no pet.). Under the abuse of discretion standard, legal or factual sufficiency of the evidence are not independent grounds for review, but are relevant factors in assessing whether the court abused its discretion. In re A.D.H., 979 S.W.2d 445, 446 (Tex.App.-Beaumont 1998, no pet.). We view the evidence in the light most favorable to the order and indulge every presumption in favor of the order. McGuire, 4 S.W.3d at 384. If some probative and substantive evidence supports the order, there is no abuse of discretion. Id. Here, the jury made the finding of earnings on which the trial court made its support order. Under this standard, we review the record to determine whether some probative and substantive evidence supports the finding and the subsequent order.

The jury found that John was capable of earning $125,000 a year. John claims the evidence does not support this finding. He relies on his testimony that his business had been declining over the last few years because of the advent of corrective laser surgery and the retirement several doctors who referred clients to him. John also testified he could not consistently keep his business open because of heart problems, court appearances, and being jailed twice for contempt of court.

However, the record also reflects John owned his own optical business and that he paid himself approximately $120,000 a year in salary over the five years leading up to the divorce proceedings. His accountant also testified that his income since 1991 had been over $100,000 and that he did not think his income in the year prior to the divorce was exceptionally different from previous years. Because some probative and substantive evidence supports the finding, there is evidence to support the jury’s finding that John was capable of earning $125,000 a year.

Using the jury’s findings for gross earnings, John’s monthly net resources were greater than $6,000. See Tex. Fam.Code Ann. §§ 154.061, .062 (Vernon 2002). Under the child support guidelines, an obligor with net monthly resources of $6,000 or more and three children to support should, at a minimum, pay as child support thirty percent of $6,000, or $1,800. See id. §§ 154.125 and 154.126. Thus, the trial court followed the guidelines when ordering $1,800 as John’s monthly child support obligation. A child support order entered pursuant to the guidelines is presumed correct and reasonable. Id. § 154.122(a) (Vernon 2002); McGuire, 4 S.W.3d at 388. We conclude John has failed to show the trial court abused its discretion when it set the amount of his child support. We resolve his first issue against him.

Reductions in Child Support

In his second issue, John contends the trial court erred by ordering him to pay a fixed amount of child support re[*887] gardless of the number of children he is obligated to support. John asserts he should have his obligation reduced as each child reaches the age of eighteen, and leaves high school.

Absent a contractual agreement, a court cannot require support for children who have left high school and are over the age of eighteen. See Tex. Fam.Code Ann. § 154.001(a)(1) (Vernon 2002); Burtch v. Burtch, 972 S.W.2d 882, 886 (Tex.App.-Austin 1998, no pet.). Further, the family code provides:

A child support order for more than one child shall provide that, on the termination of support for a child, the level of support for the remaining child or children is in accordance with the child support guidelines.

Tex. Fam.Code Ann. § 154.127(Vernon 2002). In this case, the divorce decree does not provide for a reduction in child support as John’s children reach the age of eighteen and leave high school. Therefore, we conclude John has shown the trial court abused its discretion in this regard, and we resolve his second issue in his favor.

Division of Marital Estate

In his third issue, John complains the trial court erred when it divided the marital estate in the absence of evidence placing values on each item in the estate. John contends that, without values assigned to the items, the court could not determine whether the property division was just and right. Therefore, John asserts, the trial court abused its discretion when dividing the marital estate. In connection with the division of the marital estate, in his sixth issue he complains that the trial court did not make findings of fact so that he could effectively present the marital division dispute to this Court.

John timely requested findings of fact and conclusions of law under the rules. Section 6.711 of the family code requires the trial court, upon request, to make findings of fact and conclusions of law concerning the value of the community estate’s assets on which disputed evidence has been presented. Tex. Fam.Code Ann. § 6.711(a)(2) (Vernon Supp.2003). Here, John’s complaint is that no evidence was presented on the value of the property. Thus, the trial court is under no obligation to make findings on facts that were not contested or presented to the court. Moreover, when a party does not provide values for property to be divided, that party may not complain on appeal that the trial court lacked sufficient information to properly divide the property. Vannerson v. Vannerson, 857 S.W.2d 659, 670 (Tex.App.-Houston [1st Dist.] 1993, writ denied). John does not direct us to any portion of the record demonstrating he tried to provide a value for the unvalued items in the parties’ inventories, and we do not find any such evidence. Because John did not provide these values, he may not complain that the trial court had insufficient information to divide the marital estate in a just and right manner. Id. Moreover, in the absence of these values, John cannot show the trial court did not make a just and right division of the marital estate. Accordingly, we resolve John’s third issue and part of the sixth issue against him.

Award of Spousal Maintenance

In his fourth issue, John contends the trial court erred when it awarded Barbara spousal maintenance because there was no evidence to support the award. John contends Barbara’s earning capacity and the monies awarded to her in the divorce are sufficient to meet her minimum reasonable needs for the next five years without his assistance.

[*888] The purpose of spousal maintenance is to provide temporary and rehabilitative support for a spouse whose ability to support herself has eroded over time while engaged in homemaking activities and whose capital assets are insufficient to provide support. O’Carolan v. Hopper, 71 S.W.3d 529, 533 (Tex.App.-Austin 2002, no pet.). The trial court may, in its discretion, award spousal maintenance only if the party seeking maintenance meets specific eligibility requirements. See Tex. Fam. Code Ann. § 8.051 (Vernon Supp.2003); Pickens v. Pickens, 62 S.W.3d 212, 214-15 (Tex.App.-Dallas 2001, pet. denied). When divorce is sought in a marriage lasting ten years or more, a spouse may request spousal maintenance if she lacks sufficient property to meet her minimum reasonable needs and cannot support herself due to insufficient earning capability. Pickens, 62 S.W.3d at 215. Determining the spouse’s minimum reasonable needs is a fact-specific determination done on a case-by-case basis. Amos v. Amos, 79 S.W.3d 747, 749 (Tex.App.-Corpus Christi 2002, no pet.). We review the trial court’s decision to award spousal maintenance under an abuse of discretion standard. Id.

The record reveals Barbara is a college graduate and had worked in the commercial real estate field before marrying John. During the Deltuva’s seventeen-year marriage, Barbara’s role was to be a homemaker. During the pendency of the divorce, Barbara worked part-time at a retail store and earned her realtor’s license. At the time of trial, however, Barbara had only managed to sell one house. Barbara estimated it would take at least one year for her to get her real estate business “rolling.” The jury found Barbara had an earning capacity of $2,083 a month.

The Deltuva’s house was sold during the divorce proceedings, and the sale proceeds were deposited into the trial court’s registry. Much of that money was used to pay community debts. The trial court awarded Barbara $22,293 of the funds to compensate her for community property John destroyed after being served with divorce papers.

John does not dispute that Barbara’s monthly expenses totaled $4,840. Based on her gross earning capacity of $2,083 per month, she faced a significant monthly shortfall. While Barbara received the majority of the marital estate, the court could have reasonably concluded that her funds would be exhausted before her earnings matched her reasonable minimum monthly expenses. Therefore, we cannot conclude the court’s decision to order John to pay Barbara $650 each month in spousal maintenance was an abuse of discretion. See Limbaugh v. Limbaugh, 71 S.W.3d 1, 15 (Tex.App.-Waco 2002, no pet.). Accordingly, we resolve John’s fourth issue against him. [3]

Duration of Spousal Maintenance

In his fifth issue, John contends the trial court erred by ordering him to pay spousal maintenance for four years when the applicable statute mandates spousal maintenance should continue for only three years. John also contends we should render judgment that he is obligated to pay spousal maintenance for only one year, asserting the evidence demonstrates Barbara would only need maintenance for[*889] one year. Barbara concedes the trial court erred, but contends the error is typographical, and prays we “affirm” the spousal maintenance “for three years.”

Subject to exceptions not applicable to the instant case, spousal maintenance may not last more than three years after the date of the order imposing the maintenance. See Tex. Fam.Code Ann. § 8.054 (Vernon Supp.2003). As stated above, we review the award of spousal maintenance under an abuse of discretion standard. Pickens, 62 S.W.3d at 214. A trial court abuses its discretion when it fails to apply the law correctly. Id.

Here, the trial court ordered a period of spousal maintenance greater than allowed by the family code. Therefore, the court abused its discretion by awarding spousal maintenance for a period of four years. We decline the parties’s requests that we modify the duration of the spousal maintenance because we do not have sufficient evidence before us to fix the period of spousal maintenance. Barbara does not direct us to any portion of the record demonstrating she required spousal maintenance for three years or showing that the ordered four year period of spousal maintenance was a typographical error. The portion of the record John relies on to supports his claim that Barbara only required a year of spousal maintenance does not support his contention. Without undisputed evidence on the length of time Barbara would require spousal maintenance, we cannot determine what period of spousal maintenance the trial court should have ordered. Therefore, we will not modify the judgment. We resolve John’s fifth issue in his favor.

Barbara’s Cross Points

In her brief, Barbara presents two cross points, complaining the trial court erred by failing to find she suffered actual damages as a result of John’s intentional infliction of emotional distress and failing to order John to pay all of her attorney’s fees. We will not consider Barbara’s cross points because she failed to file a notice of appeal and fails to show good cause why she did not file a notice of appeal. See Tex.R.App. P. 25.1; Richardson Indep. Sch. Disk v. GE Capital Corp., 58 S.W.3d 290, 292 (Tex.App.-Dallas 2001, no pet.) (appellate court may not grant party greater relief than given by trial court when party fails to file a notice of appeal, absent a showing of good cause).

Conclusion

We remand the child support order to provide for a reduction in child support in accordance with the guidelines as the obligation for each child terminates. We reverse that portion of the final decree of divorce providing for four years of spousal maintenance and remand the case for further proceedings on the issue of the duration of spousal maintenance. In all other respects, we affirm the final decree of divorce.

3

. He also complains about the failure to make findings of fact and conclusions of law for the maintenance award in his sixth issue. However, after reviewing the record, we conclude that John was not harmed by the trial court’s failure to make findings of fact and conclusions of law about the spousal maintenance because there was ample evidence in the record to support the judgment. See Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex.1996).