Tex. Fam. Code § 61.056 · Subchapter B. ENFORCEMENT OF ORDER AGAINST PARENT OR OTHER ELIGIBLE PERSON
AFFIRMATIVE DEFENSE OF INABILITY TO PAY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In an enforcement hearing in which the motion for enforcement alleges that the person against whom enforcement is sought failed to pay restitution, court costs, supervision fees, or any other payment ordered by the court, it is an affirmative defense that the person was financially unable to pay.
(b) The burden of proof to establish the affirmative defense of inability to pay is on the person asserting it.
(c) In order to prevail on the affirmative defense of inability to pay, the person asserting it must show that the person could not have reasonably paid the court-ordered obligation after the person discharged the person's other important financial obligations, including payments for housing, food, utilities, necessary clothing, education, and preexisting debts.
Notes and commentary — not statutory text
History
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.61.htm
- Text hash
- sha256 12a4e80be7e8b64633500d6b1c1cc128a89d563e7b45583f16f249a119c7895b
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.