The court of appeals ordered the trial court to vacate a contempt order that was based on missed child support payments. The obligor had become current on the missed payments that were pleaded but was delinquent on subsequent payments. Texas Family Code §157.162(d) is unambiguous: 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 pleaded in the motion for enforcement, in order to invoke §157.162(d) to avoid a finding of contempt where contemptuous conduct has otherwise been properly pleaded and established. Mandamus is conditionally granted and the court of appeals is instructed to vacate its judgment. Texas Supreme Court, No. 11-0255, 03-08-2013.
In Re: Office of the Attorney General
Tx. Sup. Ct.
March 13, 2013