Aminu Law Firm, PLLC
Family Law | Litigation Lawyers
  • Home
  • Attorneys
    • Rachael Aminu
    • Jody-Ann Greenwood
    • Emmanuel Asiriuwa
  • Family Law
  • Other Practice Areas
    • Mediation
    • Family Immigration Law
    • Estate Planning
  • Blog
  • Resources
    • E-Books
  • Contact Us
  • Disclaimer

CALL US: 1-832-529-1255

Schedule a Consultation Today

Affirmative Defense to Motion for Enforcement of Child Support
September 19, 2018

Affirmative Defense to Motion for Enforcement of Child Support

Affirmative Defense to Motion for Enforcement of Child Support

Under Texas Family Code Section 157.008, there are affirmative defenses that you can raise in your Answer when you face an allegation of contempt.

TFC 157.008 states:
(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
(4) knew of no source from which the money could have been borrowed or legally obtained.

(d) An obligor who has provided actual support to the child during a time subject to an affirmative defense under this section may request reimbursement for that support as a counterclaim or offset against the claim of the obligee.

(e) An action against the obligee for support supplied to a child is limited to the amount of periodic payments previously ordered by the court.

Definition:
Obligor is the parent ordered to pay child support; this is generally the non-custodial parent.
Obligee is the parent receiving the child support; this is generally the custodial parent.

Family Law: As of September 1, 2018, Dental Insurance is Required What Does it Mean to Be “Served”? | Service of Process in Texas

Related Posts

Texas Family Law

What is Common Law Marriage?

Texas Family Law

Who Can File Suit for Custody? General Standing | Texas Custody

Texas Family Law

Grounds for Fault in Divorces | Texas Divorce

FREE CASE EVALUATION

We advocate for your interests in family and immigration matters. Call (832) 529-1255 or fill out the contact form for a free case evaluation.

Recent Posts

  • The Differences Between Naturalization and Citizenship
  • What is Common Law Marriage?
  • Who Can File Suit for Custody? General Standing | Texas Custody
  • Grounds for Fault in Divorces | Texas Divorce
  • Farmers’ Pathway to Citizenship – Immigration Law

Disclaimer

Your use of this site does not create an attorney-client relationship between you and Aminu Law Firm or its staff. No information you submit to us will be treated as confidential/privileged unless there is a signed, pre-existing express written agreement (“engagement letter”) between you and this firm. The posts are for informational or educational purposes and should not be treated as legal advice.

Categories

Aminu Law Firm, PLLC
Location

8300 FM 1960 Road W.,
Suite 450
Houston, TX 77070

8325291255

Copyright © 2018 Aminu Law Firm PLLC, All Rights Reserved
Privacy Policy | Disclaimer