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Click here for the full text of this decision FACTS:On December 16, 2003, relator Thomas Anascavage filed a petition for writ of habeas corpus complaining that he has been incarcerated for nonpayment of child support without due process of law. On March 5, 2002, Anascavage was ordered to pay child support of $865.00 per month beginning February 1, 2002 and continuing monthly thereafter. On December 11, 2003, following a hearing, the trial court found Anascavage in arrears in his child support payments in the amount of $17,096.77. The trial court also specifically found that Anascavage failed to pay child support in the amount of $865.00 on the first of the month for the months of May, June, July and August of 2002 in contempt of the prior child support order. The trial court then ordered that Anascavage be committed to the county jail for a period of six months for each of the four incidents of contempt (criminal contempt), the commitments to run concurrently. The trial court also ordered that Anascavage be committed to jail until he pays the $17,096.77 in arrearage and $292 in court costs (civil contempt). The enforcement order calls for a review of the jail sentence on January 15, 2004. HOLDING:Habeas relief is denied. The trial court’s order is affirmed as modified. The court first addresses the criminal contempt provision of the enforcement order. the enforcement order contains a section entitled “PRIOR ORDER,” which reads: “The Court FINDS that on 3/5/02 the Court ordered THOMAS ANASCAVAGE to pay current child support of $865.00 monthly, beginning 2/1/02 and monthly thereafter.” (emphasis in original). The prior order is clearly identified by date, and the obligation to pay child support in a specific amount monthly beginning on a date certain is clearly set forth. The court holds the enforcement order complies with Texas Family Code �157.66(b) by adequately setting forth the provision of the prior order sought to be enforced. Anascavage challenges the validity of his incarceration for civil contempt. Anascavage provides absolutely no case law to support his argument regarding the constitutionality of �157.66(c). Because the court holds the criminal contempt order to be valid and the term of that imprisonment has not expired, the court may not review allegations relating to the civil contempt incarceration. The likelihood of continued restraint caused by the civil contempt remains hypothetical. In the commitment portion of the enforcement order, the trial court ordered Anascavage to resume child support payments as previously ordered by the court. Anascavage argues the enforcement order is void because the trial court could not properly order him imprisoned for failing to perform a future duty. Although the court agrees Anascavage may not be subjected to imprisonment on the basis of future obligations, the court holds this error does not render the enforcement order void. The court modifies the trial court’s enforcement order to strike the words “Obligor is ORDERED to resume regular child support payments as previously ordered by the Court” from page 5 of the enforcement order. OPINION:Green, J.; Green, Marion and Speedlin, JJ.

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