Texas Family Code

§ 157.008 — AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT OF CHILD SUPPORT

FA § 157.008Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · Part B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP · Ch. 157. ENFORCEMENT · Art. A. PLEADINGS AND DEFENSES

Statute text

View on source

(a)An obligor may plead as an affirmative defense in whole or in part to a motion for enforcement of child support that the obligee voluntarily relinquished to the obligor actual possession and control of a child.

(b)The voluntary relinquishment must have been for a time period in excess of any court-ordered periods of possession of and access to the child and actual support must have been supplied by the obligor.

(c)An obligor may plead as an affirmative defense to an allegation of contempt or of the violation of a condition of community service requiring payment of child support that the obligor:

(1)lacked the ability to provide support in the amount ordered;

(2)lacked property that could be sold, mortgaged, or otherwise pledged to raise the funds needed;

(3)attempted unsuccessfully to borrow the funds needed; and

…

Legislative history

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.