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Ex Parte Harris

649 S.W.2d 389 (1983)

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Ex Parte Harris

Texas Court of Appeals
649 S.W.2d 389 (1983)

  • Written by Whitney Kamerzel , JD

Facts

Donald Harris (plaintiff) and Bettye Harris were married and subsequently divorced. The spouses signed a child-support agreement that required Donald to pay Bettye $300 per month until the Harrises’ minor child reached 18 years old. The divorce court entered a divorce decree that stated the child-support agreement was in the best interests of the child and was therefore incorporated by reference into the divorce decree. The divorce decree itself did not command Donald to pay Bettye $300 per month. Donald failed to make the required child-support payments, and Bettye filed a motion to hold Donald in contempt. The trial court held Donald in contempt, imposed a $250 fine, and jailed him for a minimum of 30 days and until the missing child-support payments were made. Donald filed a writ for habeas corpus, and the Texas Court of Appeals directed that Donald be released on bond while the court examined the case.

Rule of Law

Issue

Holding and Reasoning (Gonzalez, J.)

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