Texas Family Code - Section 157.008. Affirmative Defense To Motion For Enforcement Of Child Support

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§ 157.008. AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT 
OF CHILD SUPPORT.  (a) An obligor may plead as an affirmative 
defense in whole or in part to a motion for enforcement of child 
support that the obligee voluntarily relinquished to the obligor 
actual possession and control of a child.
	(b)  The voluntary relinquishment must have been for a time 
period in excess of any court-ordered periods of possession of and 
access to the child and actual support must have been supplied by 
the obligor.
	(c)  An obligor may plead as an affirmative defense to an 
allegation of contempt or of the violation of a condition of 
community service requiring payment of child support that the 
obligor:
		(1)  lacked the ability to provide support in the 
amount ordered;           
		(2)  lacked property that could be sold, mortgaged, or 
otherwise pledged to raise the funds needed;
		(3)  attempted unsuccessfully to borrow the funds 
needed;  and              
		(4)  knew of no source from which the money could have 
been borrowed or legally obtained.
	(d)  An obligor who has provided actual support to the child 
during a time subject to an affirmative defense under this section 
may request reimbursement for that support as a counterclaim or 
offset against the claim of the obligee.
	(e)  An action against the obligee for support supplied to a 
child is limited to the amount of periodic payments previously 
ordered by the court.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.           

Last modified: August 10, 2007