In re Small
Texas Court of Appeals
286 S.W.3d 525 (2009)
- Written by Whitney Kamerzel , JD
Facts
A trial court found that John Small (plaintiff) had entered into a common-law marriage with Murriah McMaster and entered an order requiring Small to pay McMaster $4,000 monthly in temporary spousal support. McMaster filed a motion to enforce after Small did not comply with the order. Small filed for bankruptcy, and the bankruptcy court entered an order granting partial relief from the bankruptcy stay to allow a court to grant a divorce, allocate the community-property estate, and determine the amount of money damages Small owed McMaster. McMaster filed another motion to enforce the temporary spousal-support order. The trial court issued what it labeled a criminal contempt order requiring Small to pay $144,000 in arrears. The order required Small to spend 179 days in jail unless Small paid off the arrears in four quarterly installments throughout the next year. Small filed a petition for a writ of mandamus requesting that the Texas Court of Appeals reverse the contempt order because it violated the automatic bankruptcy stay. After initially denying Small’s petition, this court granted Small’s motion for rehearing to reconsider the issue.
Rule of Law
Issue
Holding and Reasoning (Anderson, J.)
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