Court of Civil Appeals of Texas, 1988

Ex parte Fain

Ex parte Fain
Court of Civil Appeals of Texas · Decided April 28, 1988 · Dies
750 S.W.2d 344; 1988 Tex. App. LEXIS 1312; 1988 WL 57454 (South Western Reporter, Second Series)

Ex parte Fain

Opinion of the Court

OPINION

DIES, Chief Justice.

On October 30, 1981, Relator was ordered to pay $150 per month for the support of his two children. On October 16, 1987, a hearing was held on his former wife’s motion to enforce child support order by contempt and, on October 30, 1987, the court held Relator in contempt for failure to pay court-ordered child support and, inter alia, sentenced him to six months in jail. The sentence was suspended and Relator was placed on probation for five years.

No record was made of the proceedings as required by the TEX.FAM.CODE ANN secs. 14.32(b) and 11.14(d) (Vernon 1986). This fact was acknowledged by Respondent’s attorney during oral argument. Therefore, the order holding Relator in contempt is void, and the writ of habeas corpus is granted. Ex parte Rocky Conner, 749 S.W.2d 241 (Tex.App.—Beaumont, 1988).

Reversed.

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