In the Interest of C.H.C., 331 S.W.3d 426

Hawkins and Corey contested and modified a 2004 custody order; Corey alleged visitation violations and Hawkins contested; the trial court later held Hawkins in contempt and modified the custody order; Hawkins filed an indigence affidavit for appeal on October 15, 2008; no timely contest to the affidavit was filed, but Hawkins later amended with additional information in December 2008; the court denied indigence and dismissed the appeal, leading Hawkins to seek mandamus and review in this Court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to a free record on appeal given indigence	Hawkins is indigent and meritorious, entitled to a free record.	Clerk contested the affidavit for insufficiency and required a hearing; no timely contest.	Hawkins entitled to proceed without costs; appeal record to be provided at no cost.
Effect of no timely contest to the affidavit	Without contest, the affidavit’s allegations are deemed true.	Contest were required to proceed; the absence of timely contest undermines indigence.	If no contest is timely filed, no hearing is necessary and indigence stands.
Remand for additional issue of appointed counsel on a suspended sentence	Contempt sentence could require appointed counsel on appeal.	Not addressed by court of appeals; issue preserved.	Remand to address appointment of counsel for the challenged sentence before merits.

Higgins II, 257 S.W.3d 686 (Tex. 2008) (test for indigence; affidavit sufficiency after correction; preponderance standard)
Higgins I, 193 S.W.3d 898 (Tex. 2006) (procedure when an affidavit is defective; opportunity to cure)
Griffin Indus., Inc. v. Thirteenth Court of Appeals, 934 S.W.2d 349 (Tex. 1996) (public assistance as evidence of indigency; burden on opponent to rebut)
Pinchback v. Hockless, 164 S.W.2d 19 (Tex. 1942) (early articulation of indigence standards in context of costs)
Dealers Elec. Supply Co. v. Scoggins Constr. Co., 292 S.W.3d 650 (Tex. 2009) (remand to address preserved issues)