Texas Family Code - Section 157.167. Respondent To Pay Attorney's Fees And Costs

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§ 157.167. RESPONDENT TO PAY ATTORNEY'S FEES AND 
COSTS.  (a) If the court finds that the respondent has failed to 
make child support payments, the court shall order the respondent 
to pay the movant's reasonable attorney's fees and all court costs 
in addition to the arrearages.  Fees and costs ordered under this 
subsection may be enforced by any means available for the 
enforcement of child support, including contempt.
	(b)  If the court finds that the respondent has failed to 
comply with the terms of an order providing for the possession of or 
access to a child, the court shall order the respondent to pay the 
movant's reasonable attorney's fees and all court costs in addition 
to any other remedy.  If the court finds that the enforcement of the 
order with which the respondent failed to comply was necessary to 
ensure the child's physical or emotional health or welfare, the 
fees and costs ordered under this subsection may be enforced by any 
means available for the enforcement of child support, including 
contempt, but not including income withholding.
	(c)  Except as provided by Subsection (d), for good cause 
shown, the court may waive the requirement that the respondent pay 
attorney's fees and costs if the court states the reasons 
supporting that finding.
	(d)  If the court finds that the respondent is in contempt of 
court for failure or refusal to pay child support and that the 
respondent owes $20,000 or more in child support arrearages, the 
court may not waive the requirement that the respondent pay 
attorney's fees and costs unless the court also finds that the 
respondent:
		(1)  is involuntarily unemployed or is disabled;  and                         
		(2)  lacks the financial resources to pay the 
attorney's fees and costs.    

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 1999, 76th Leg., ch. 556, § 18, eff. Sept. 1, 
1999;  Acts 2003, 78th Leg., ch. 477, § 1, eff. Sept. 1, 2003; 
Acts 2003, 78th Leg., ch. 1262, § 1, eff. Sept. 1, 2003;  Acts 
2005, 79th Leg., ch. 253, § 1, eff. Sept. 1, 2005.

Last modified: August 10, 2007