In re Office of Attorney Gen. (Opinion)
Annotate this CaseFather was ordered to pay child support each month to Mother. Father failed to make payments for several months, resulting in an arrearage of thousands of dollars. The Tarrant County Domestic Relations Office filed a motion to enforce the support order, asserting six counts of contempt. Before a hearing was held, Father paid the entire arrearage but then accumulated a new arrearage of an even greater amount. The trial court held Father in contempt for the failures to make timely child support payments and sentenced him to serve 174 days in jail. The court of appeals ordered the trial court to vacate its contempt order, holding that Defendant could invoke Tex. Fam. Code 157.162(d) at the hearing, despite the outstanding arrearage, because he had become "current" on the missed payments that were pled in the motion. The Supreme Court instructed the appellate court to vacate its judgment, thus reinstating the trial court's order, holding that, pursuant to section 157.162(d), an obligor must be current on court-ordered child support payments due at the time of the enforcement hearing, regardless of whether those payments have been pled in the motion for enforcement, in order to avoid a finding of contempt.
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