Tex. Fam. Code § 157.161-157.167

TEXAS FAMILY CODE Chapter 157, Subchapter D — HEARING AND ENFORCEMENT ORDER CHAPTER 157 • ENFORCEMENT Subchapter D: HEARING AND ENFORCEMENT ORDER Sec. 157.161. RECORD. (a) Except as provided by Subsection (b), a record of the hearing in a motion for enforcement shall be made by a court reporter or as provided by Chapter 201. (b) A record is not required if: (1) the parties agree to an order; or (2) the motion does not request incarceration and the parties waive the requirement of a record at the time of hearing, either in writing or in open court, and the court approves waiver. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 157.162. PROOF. (a) The movant is not required to prove that the underlying order is enforceable by contempt to obtain other appropriate enforcement remedies. (b) A finding that the respondent is not in contempt does not preclude the court from awarding the petitioner court costs and reasonable and necessary attorney's fees, court costs, and expenses or ordering any other enforcement remedy, including rendering a money judgment, posting a bond or other security, or withholding income. The court may order the fees, costs, expenses, and any postjudgment interest to be paid directly to the attorney, who may enforce the order in the attorney's own name by any means available for the enforcement of a judgment for debt. (c) The movant may attach to the motion a copy of a payment record. The movant may subsequently update that payment record at the hearing. If a payment record was attached to the motion as authorized by this subsection, the payment record, as updated if applicable, is admissible to prove: (1) the dates and in what amounts payments were made; (2) the amount of any accrued interest; (3) the cumulative arrearage over time; and (4) the cumulative arrearage as of the final date of he dates and in what amounts payments were made; (2) the amount of any accrued interest; (3) the cumulative arrearage over time; and (4) the cumulative arrearage as of the final date of the record. (c-1) A respondent may offer evidence controverting the contents of a payment record under Subsection (c). (d) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 649, Sec. 2, eff. June 14, 2013. (e) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 649, Sec. 2, eff. June 14, 2013. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1189 (H.B. 779), Sec. 1, eff. June 15, 2007. Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 15, eff. June 19, 2009. Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 4, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 649 (H.B. 847), Sec. 1, eff. June 14, 2013. Acts 2013, 83rd Leg., R.S., Ch. 649 (H.B. 847), Sec. 2, eff. June 14, 2013. Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 29, eff. September 1, 2025. Sec. 157.163. APPOINTMENT OF ATTORNEY. (a) In a motion for enforcement or motion to revoke community service, the court must first determine whether incarceration of the respondent is a possible result of the proceedings. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 157, Subchapter D — HEARING AND ENFORCEMENT ORDER (b) If the court determines that incarceration is a possible result of the proceedings, the court shall inform a respondent not represented by an attorney of the right to be represented by an attorney and, if the respondent is indigent, of the right to the appointment of an attorney. (c) If the court determines that the respondent will not be incarcerated as a result of the proceedings, the court may require a respondent who is indigent to proceed without an attorney. (d) If the responde e court determines that the respondent will not be incarcerated as a result of the proceedings, the court may require a respondent who is indigent to proceed without an attorney. (d) If the respondent claims indigency and requests the appointment of an attorney, the court shall require the respondent to file an affidavit of indigency. The court may hear evidence to determine the issue of indigency. (d-1) The court may conduct a hearing on the issue of indigency through the use of teleconferencing, videoconferencing, or other remote electronic means if the court determines that conducting the hearing in that manner will facilitate the hearing. (e) Except as provided by Subsection (c), the court shall appoint an attorney to represent the respondent if the court determines that the respondent is indigent. (f) If the respondent is not in custody, an appointed attorney is entitled to not less than 10 days from the date of the attorney's appointment to respond to the movant's pleadings and prepare for the hearing. (g) If the respondent is in custody, an appointed attorney is entitled to not less than five days from the date the respondent was taken into custody to respond to the movant's pleadings and prepare for the hearing. (h) The court may shorten or extend the time for preparation if the respondent and the respondent's attorney sign a waiver of the time limit. (i) The scope of the court appointment of an attorney to represent the respondent is limited to the allegation of contempt or of violation of community supervision contained in the motion for enforcement or motion to revoke community supervision. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2017, 85th Leg., R.S., Ch. 961 (S.B. 1965), Sec. 2, eff. September 1, 2017. Sec. 157.164. PAYMENT OF APPOINTED ATTORNEY. (a) An attorney appointed to represent an indigent respondent is entitled to a reasonable fee for services within the scope of the appointment , 2017. Sec. 157.164. PAYMENT OF APPOINTED ATTORNEY. (a) An attorney appointed to represent an indigent respondent is entitled to a reasonable fee for services within the scope of the appointment in the amount set by the court. (b) The fee shall be paid from the general funds of the county according to the schedule for the compensation of counsel appointed to defend criminal defendants as provided in the Code of Criminal Procedure. (c) For purposes of this section, a proceeding in a court of appeals or the Supreme Court of Texas is considered the equivalent of a bona fide appeal to the Texas Court of Criminal Appeals. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 157.165. PROBATION OF CONTEMPT ORDER. (a) Except as provided by Subsection (b), the court may place the respondent on community supervision and suspend commitment if the court finds that the respondent is in contempt of court for failure or refusal to obey an order rendered as provided in this title. (b) The court may not place the respondent on community supervision and suspend commitment if the court finds that the respondent: (1) is in contempt of court for the failure or refusal to obey an order for possession of or access to a child; and (2) has previously been found in contempt of court at least three times for the failure or refusal to obey an order for possession of or access to a child. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.25, eff. Sept. 1, 1999. Amended by: Acts 2025, 89th Leg., R.S., Ch. 617 (H.B. 3181), Sec. 2, eff. September 1, 2025. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 157, Subchapter D — HEARING AND ENFORCEMENT ORDER Sec. 157.166. CONTENTS OF ENFORCEMENT ORDER. (a) An enforcement order must include: (1) in ordinary and concise language the provisions of the order for which enfo — HEARING AND ENFORCEMENT ORDER Sec. 157.166. CONTENTS OF ENFORCEMENT ORDER. (a) An enforcement order must include: (1) in ordinary and concise language the provisions of the order for which enforcement was requested; (2) the acts or omissions that are the subject of the order; (3) the manner of the respondent's noncompliance; and (4) the relief granted by the court. (b) If the order imposes incarceration or a fine for criminal contempt, an enforcement order must contain findings identifying, setting out, or incorporating by reference the provisions of the order for which enforcement was requested and the date of each occasion when the respondent's failure to comply with the order was found to constitute criminal contempt. (c) If the enforcement order imposes incarceration for civil contempt, the order must state the specific conditions on which the respondent may be released from confinement. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 17, eff. Sept. 1, 1999. Sec. 157.167. RESPONDENT TO PAY ATTORNEY'S FEES, COURT COSTS, AND EXPENSES. (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 and necessary attorney's fees, court costs, and expenses in addition to the arrearages. Fees, costs, and expenses ordered under this subsection may be enforced by any means available for the enforcement of child support, including contempt. The court may order the fees, costs, expenses, and any postjudgment interest to be paid directly to the attorney, who may enforce the order in the attorney's own name by any means available for the enforcement of a judgment for debt. (a-1) In rendering a judgment for attorney's fees and court costs under Subsection (a), the court shall render the judgment separate from any judgment confirming the amount of arrearages under Section 157.263. (b) If the dgment for attorney's fees and court costs under Subsection (a), the court shall render the judgment separate from any judgment confirming the amount of arrearages under Section 157.263. (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 and necessary attorney's fees, court costs, and expenses 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, costs, and expenses 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 Subsections (d) and (e), for good cause shown, the court may waive the requirement that the respondent pay reasonable and necessary attorney's fees, costs, and expenses 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 reasonable and necessary attorney's fees, costs, and expenses 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, costs, and expenses. (e) The court may not waive the requirement that the respondent pay attorney's fees and costs if the court finds that the respondent has previously been found in contempt of court at least three times for the denial of court-ordered possession of or access to the child who is the subject of the proceeding. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. t at least three times for the denial of court-ordered possession of or access to the child who is the subject of the proceeding. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 18, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 477, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1262, Sec. 1, eff. Sept. 1, 2003. Reenacted and amended by Acts 2005, 79th Leg., Ch. 253 (H.B. 1174), Sec. 1, eff. September 1, 2005. Amended by: Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 30, eff. September 1, 2025. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 157, Subchapter D — HEARING AND ENFORCEMENT ORDER Acts 2025, 89th Leg., R.S., Ch. 617 (H.B. 3181), Sec. 3, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 828 (S.B. 1404), Sec. 3, eff. September 1, 2025. Sec. 157.168. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. (a) Unless a party shows good cause why the order should not be rendered, a court shall order additional periods of possession of or access to a child to compensate for the denial of court-ordered possession or access. (a-1) Repealed by Acts 2025, 89th Leg., R.S., Ch. 617 (H.B. 3181), Sec. 5, eff. September 1, 2025. (a-2) The additional periods of possession or access: (1) except as provided by Subsection (d), must be of the same type and duration of the possession or access that was denied; (2) may include weekend, holiday, and summer possession or access; and (3) must occur on or before the second anniversary of the date the court finds that court-ordered possession or access has been denied. (b) The person denied possession or access is entitled to decide the time of the additional possession or access, subject to the provisions of Subsection (a-2)(1). (c) Repealed by Acts 2025, 89th Leg., R.S., Ch. 617 (H.B. 3181), Sec. 5, eff. September 1, 2025. (d) If the court finds that the per ion or access, subject to the provisions of Subsection (a-2)(1). (c) Repealed by Acts 2025, 89th Leg., R.S., Ch. 617 (H.B. 3181), Sec. 5, eff. September 1, 2025. (d) If the court finds that the person denying possession or access has previously been found in contempt of court at least three times for the denial of court-ordered possession or access with respect to the child who is the subject of the proceeding, the additional periods of possession of or access to the child ordered by the court under this section must be, in total, twice the duration of the periods of possession and access that were denied. Added by Acts 1995, 74th Leg., ch. 751, Sec. 52, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 974, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1034, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2023, 88th Leg., R.S., Ch. 1139 (S.B. 718), Sec. 1, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 617 (H.B. 3181), Sec. 4, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 617 (H.B. 3181), Sec. 5, eff. September 1, 2025. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4