Lopez v. Carpintero — Appeal of temporary child-support order dismissed for lack of jurisdiction

Case
Yvette Lopez v. Giddings Alfred Carpintero and the Office of the Attorney General Child Support Division
Court
Texas Court of Appeals, Third District, at Austin
Judge
Justice Triana; Justice Crump; Justice Ellis
Date Decided
August 14, 2026
Docket No.
03-26-00577-CV
Topics
Child Support, Temporary Orders, Appellate Jurisdiction
Source
Read the full opinion

Background

Yvette Lopez, proceeding pro se, appealed a June 10, 2026 temporary order entered in a pending suit to modify a child-support obligation. She challenged the trial court’s calculation of child support.

On July 23, 2026, the clerk of the court of appeals asked Lopez to file a response demonstrating the court’s jurisdiction. Lopez did not respond.

The Court’s Holding

The Third Court of Appeals held that it lacked jurisdiction because the challenged temporary order was neither a final judgment nor an otherwise appealable order. Texas Family Code Section 105.001(e) bars interlocutory appeals from temporary orders rendered in a pending suit affecting the parent-child relationship.

Because no statute authorized an interlocutory appeal from the June 10 order, the court dismissed Lopez’s appeal for want of jurisdiction under Texas Rule of Appellate Procedure 42.3(a).

Key Takeaways

  • A temporary order in a pending suit affecting the parent-child relationship generally cannot be challenged through an interlocutory appeal.
  • A dispute over the calculation of temporary child support does not itself make the order appealable.
  • Absent a final judgment or statutory authorization for an interlocutory appeal, the court of appeals lacks jurisdiction.

Why It Matters

The decision reinforces that parties in Texas family-law proceedings ordinarily must wait for a final, appealable judgment before seeking appellate review of temporary child-support rulings. Filing an appeal from a nonappealable temporary order will result in dismissal for want of jurisdiction.

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