in Re the Office of the Attorney General
422 S.W.3d 623
| Tex. | 2013Background
- Noble was ordered to pay $5,400 monthly for six children; arrears accrued to $23,044.78 by June 9, 2008.
- A June 2008 motion to enforce sought six contempt counts tied to specific missed payments and total arrearage.
- Noble paid the pledged arrearage in June 2008 but thereafter accrued a new arrearage; by February 2009 total arrears reached $28,656.56.
- Trial court held Noble in contempt for missed payments due March, April, and June 2008 and sentenced him to jail on weekends.
- Court of Appeals granted mandamus relief, but this Court granted mandamus to reinstate the contempt order, addressing the scope of Section 157.162(d).
- Statutory framework: Texas Family Code Chapter 157 governs enforcement, contempt, and purging provisions related to child-support orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of purging provision at enforcement hearing | Lawreta: purging applies only to pled payments | Noble: purging applies to all current obligations as of hearing | Purging applies to all obligations as of the hearing; must be current on all payments. |
| Whether purging requires current on payments not pled in motion | Lawreta: statute unambiguous, covers all owed | Noble: limited to pled amounts | Purging not limited to pled payments; must show no outstanding obligations as of hearing. |
| Notice and due process implications | Lawreta: purging defense does not alter underlying notice for violations | Noble: concerns about notice of purge scope | Purging is affirmatively-based and does not require notice of all purge modalities; due process satisfied. |
| Contempt order proper when purging applied | Lawreta: contempt proper for pled violations; purge does not negate valid contempt | Trial court did not abuse discretion; contempt reinstated. |
Key Cases Cited
- Ex parte Barnett, 600 S.W.2d 252 (Tex. 1980) (contempt and due process limitations in coercive orders)
- Ex parte Chambers, 898 S.W.2d 257 (Tex. 1995) (separation of powers and purging-type considerations in contempt)
- In re Reece, 341 S.W.3d 360 (Tex. 2011) (contempt framework; civil vs. criminal distinctions)
- Fitzgerald v. Advanced Spine Fixation Sys., Inc., 996 S.W.2d 864 (Tex. 1999) (statutory construction; contextual reading of text)
- Summers v. Entergy Gulf States, Inc., 282 S.W.3d 433 (Tex. 2009) (textual determinacy; unambiguous statutes preclude extratextual aids)
- Ex parte Sanchez, 703 S.W.2d 955 (Tex. 1986) (contempt proceedings; criminal-like process)