Tex. Fam. Code Section 157.008
Affirmative Defense to Motion for Enforcement of Child Support

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

Source: Section 157.008 — Affirmative Defense to Motion for Enforcement of Child Support, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­157.­htm#157.­008 (accessed Jun. 5, 2024).

157.001
Motion for Enforcement 157.002
Contents of Motion 157.003
Joinder of Claims and Remedies 157.004
Time Limitations 157.005
Time Limitations 157.006
Affirmative Defense to Motion for Enforcement 157.007
Affirmative Defense to Motion for Enforcement of Possession or Access 157.008
Affirmative Defense to Motion for Enforcement of Child Support 157.009
Credit for Payment of Disability Benefits 157.061
Setting Hearing 157.062
Notice of Hearing 157.063
Appearance 157.064
Special Exception 157.065
Notice of Hearing, First Class Mail 157.066
Failure to Appear 157.101
Bond or Security for Release of Respondent 157.102
Capias or Warrant 157.103
Capias Fees 157.104
Conditional Release 157.105
Release Hearing 157.106
Cash Bond as Support 157.107
Appearance Bond or Security Other than Cash Bond as Support 157.108
Cash Bond as Property of Respondent 157.109
Security for Compliance with Order 157.110
Forfeiture of Security for Failure to Comply with Order 157.111
Forfeiture Not Defense to Contempt 157.112
Joinder of Forfeiture and Contempt Proceedings 157.113
Application of Bond Pending Writ 157.114
Failure to Appear 157.115
Default Judgment 157.161
Record 157.162
Proof 157.163
Appointment of Attorney 157.164
Payment of Appointed Attorney 157.165
Probation of Contempt Order 157.166
Contents of Enforcement Order 157.167
Respondent to Pay Attorney’s Fees and Costs 157.168
Additional Periods of Possession or Access 157.211
Conditions of Community Supervision 157.212
Term of Community Supervision 157.213
Community Supervision Fees 157.214
Motion to Revoke Community Supervision 157.215
Arrest for Alleged Violation of Community Supervision 157.216
Hearing on Motion to Revoke Community Supervision 157.217
Discharge from Community Supervision 157.261
Unpaid Child Support as Judgment 157.263
Confirmation of Arrearages 157.264
Enforcement of Judgment 157.265
Accrual of Interest on Child Support 157.266
Date of Delinquency 157.267
Interest Enforced as Child Support 157.268
Application of Child Support Payment 157.269
Retention of Jurisdiction 157.311
Definitions 157.312
General Provisions 157.313
Contents of Child Support Lien Notice 157.314
Filing Lien Notice or Abstract of Judgment 157.315
Recording and Indexing Lien 157.316
Perfection of Child Support Lien 157.317
Property to Which Lien Attaches 157.318
Duration and Effect of Child Support Lien 157.319
Effect of Lien Notice 157.320
Priority of Lien as to Real Property 157.321
Discretionary Release of Lien 157.322
Mandatory Release of Lien 157.323
Foreclosure or Suit to Determine Arrearages 157.324
Liability for Failure to Comply with Order or Lien 157.325
Release of Excess Funds to Debtor or Obligor 157.326
Interest of Obligor’s Spouse or Another Person Having Ownership Interest 157.327
Execution and Levy on Financial Assets of Obligor 157.328
Notice of Levy Sent to Obligor 157.329
No Liability for Compliance with Notice of Levy 157.330
Failure to Comply with Notice of Levy 157.331
Additional Levy to Satisfy Arrearages 157.371
Jurisdiction 157.372
Return of Child 157.373
Relator Relinquished Possession 157.374
Welfare of Child 157.375
Immunity to Civil Process 157.376
No Existing Order 157.421
Clarifying Nonspecific Order 157.422
Procedure 157.423
Substantive Change Not Enforceable 157.424
Relation to Motion for Contempt 157.425
Order Not Retroactive 157.426
Time Allowed to Comply 157.501
Jurisdiction for Qualified Domestic Relations Order 157.502
Procedure 157.503
Temporary Orders 157.504
Defective Prior Domestic Relations Order 157.505
Amendment of Qualified Domestic Relations Order 157.506
Liberal Construction 157.507
Attorney’s Fees and Costs 157.508
Conflicts with Other Law 157.551
Civil Penalty for Interference with Child Custody Order 157.3145
Service on Financial Institution 157.3171
Release of Lien on Homestead Property 157.3271
Levy on Financial Institution Account of Deceased Obligor
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 157.008’s source at texas​.gov