In Re Henry, 154 S.W.3d 594 (Tex. 2005). · Go Syfert
In Re Henry, 154 S.W.3d 594 (Tex. 2005). Cases Citing This Book View Copy Cite
“the fact that the tax obligation was imposed as a part of the division of community property does not in itself transform the obligation into one enforceable by coercive contempt.”
297 citation events (297 in the last 25 years) across 5 distinct courts.
Strongest positive: in Re Shawn Ray Denson (texapp, 2020-01-28)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) in Re Shawn Ray Denson (2×) also: Cited as authority (rule)
Tex. App. · 2020 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
the fact that the tax obligation was imposed as a part of the division of community property does not in itself transform the obligation into one enforceable by coercive contempt.
discussed Cited as authority (rule) K.C. v. D.R.
txctapp2 · 2026 · confidence medium
First, Cane cited nine cases to support propositions that they do not support: In re C.J.C., 603 S.W.3d 804 , 811 (Tex. 2020); In re K.A.F., 160 S.W.3d 923, 928 (Tex. 2005); In re Henry, 154 S.W.3d 594, 596 (Tex. 2005); Ex parte Slavin, 412 S.W.2d 43 (Tex. 1967); Marshall v. State, 479 S.W.3d 840, 844 (Tex. Crim.
discussed Cited as authority (rule) In the Interest of P.J.G., a Child v. the State of Texas
txctapp13 · 2026 · confidence medium
Moreover, child support is to help a custodial parent maintain an adequate standard of living for the child and is not a “debt.” See In re Henry, 154 S.W.3d 594, 596 (Tex. 2005) (per curiam) (“[T]he obligation to support a child is viewed as a legal duty and not as a debt.”); In re L.R.P., 98 S.W.3d 312, 313 (Tex. App.—Houston [1st Dist.] 2003, pet dism’d).
cited Cited as authority (rule) Neil George Switkowski v. Courtney Sinclair Archbold
txctapp15 · 2026 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex. 2005) (per curiam) (“But the obligation to support a child is viewed as a legal duty 7 and not as a debt.”); Ex parte Hall, 854 S.W.2d 656, 658 (Tex. 1993).
examined Cited as authority (rule) In Re Michael Anderson, Relator v. the State of Texas (4×) also: Cited "see"
Tex. App. · 2025 · confidence medium
In re Henry, 154 S.W.3d 594, 598 (Tex. 2005) (orig. proceeding).3 This principle prevents trial courts from combining valid and invalid contempt findings under a single penalty, as appellate courts cannot sever invalid 3 Had the commitment order identified a discrete penalty for each failure to comply, our result might be different.
cited Cited as authority (rule) In Re Gary Wayne Inmon v. the State of Texas
Tex. App. · 2025 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex. 2005) (orig. proceeding).
discussed Cited as authority (rule) In Re Kailyn Andrews v. the State of Texas
Tex. App. · 2025 · confidence medium
“A commitment order may be collaterally attacked in an original habeas corpus proceeding.” In re Hilburn, No. 05-20-01068-CV, 2022 Tex. App. LEXIS 1836 , at *14 (Tex. App.—Dallas Mar. 21, 2022, orig. proceeding) (citing In re Henry, 154 S.W.3d 594, 596 (Tex. 5 2005) (orig. proceeding)).
cited Cited as authority (rule) in Re Walter Lynn Johnston, Relator
Tex. App. · 2022 · confidence medium
In re Henry, 154 S.W.3d 594, 598 (Tex. 2005).
discussed Cited as authority (rule) in Re Elijah Stewart, Relator
Tex. App. · 2022 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex. 2005) (per curiam) (orig. proceeding); In re Kuster, 363 S.W.3d at 291 . 2 Next, the right to due process obligates the trial court to execute both written contempt and written commitment orders before imprisoning someone.
cited Cited as authority (rule) in the Interest of B.R., a Minor Child
Tex. App. · 2022 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex. 2005) (per curiam); Ex parte Hall, 854 S.W.2d 656, 658 (Tex. 1993); Eggemeyer v. –18– Eggemeyer, 554 S.W.2d 137, 138 (Tex. 1977).
discussed Cited as authority (rule) in Re: La'Keisha T. Hilburn
Tex. App. · 2022 · confidence medium
This original proceeding followed. _13- STANDARD OF REVIEW A commitment order may be collaterally attacked in an original habeas corpus proceeding. /n re Henry, 154 S.W.3d 594, 596 (Tex. 2005) (orig. proceeding).
discussed Cited as authority (rule) in Re D.L.
Tex. App. · 2022 · confidence medium
In re Hall, 433 S.W.3d 203, 207 (Tex. App.—Houston [14th Dist.] 2014, orig. proceeding) (citing In re Henry, 154 S.W.3d 594, 598 (Tex. 2005) (orig. proceeding), and In re Gabbai, 968 S.W.2d 929, 931 (Tex. 1998) (orig. proceeding)).
examined Cited as authority (rule) in Re Sandra Ann Zarate (4×) also: Cited "see", Cited "see, e.g."
Tex. App. · 2019 · confidence medium
“A contempt order that violates the Texas Constitution is beyond a court’s power and is void.” In re Henry, 154 S.W.3d 594, 596 (Tex. 2005) (orig. proceeding) (per curiam).
cited Cited as authority (rule) in Re: Thomas Mark Richardson
Tex. App. · 2017 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex. 2005); Ex parte Barnett, 600 S.W.2d 252, 254 (Tex. 1980).
cited Cited as authority (rule) in the Matter of David Christopher Hesse
Tex. App. · 2016 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex. 2005).
discussed Cited as authority (rule) in Re Jeffrey C. Grimm (2×) also: Cited "see"
Tex. App. · 2016 · confidence medium
The reporter’s record was subsequently filed, showing that Relator had requested it. 4 A. Standard of Review “A commitment order is subject to collateral attack in a habeas corpus proceeding.” In re Henry, 154 S.W.3d 594, 596 (Tex. 2005) (citing Ex parte Barnett, 600 S.W.2d 252, 254 (Tex. 1980)); see In re McLaurin, 467 S.W.3d 561, 564 (Tex. App.—Houston [1st Dist.] 2015, orig. proceeding).
cited Cited as authority (rule) in the Matter of David Christopher Hesse
Tex. App. · 2016 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex. 2005).
cited Cited as authority (rule) In re Braden
Tex. App. · 2015 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex.2005) (orig. proceeding) (per cu-riam).
cited Cited as authority (rule) in Re Jennifer Braden
Tex. App. · 2015 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex. 2005) (orig. proceeding) (per curiam).
cited Cited as authority (rule) in Re Connie Harrison
Tex. · 2015 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (2005) (orig. proceeding) (per curiam). 4 We conclude that relator’s first, second, and fourth issues show that the October 24, 2014 Order of Enforcement is void.
cited Cited as authority (rule) in Re S.W.
Tex. App. · 2015 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex. 2005) (orig. proceeding); In re Zapata, 129 S.W.3d 775 , 776–77, 780 (Tex. App.—Fort Worth 2004, orig. proceeding).
cited Cited as authority (rule) Ex Parte Edmond Lindell Baker, Jr.
Tex. App. · 2015 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (2005) (orig. proceeding) (per curiam).
cited Cited as authority (rule) in Re Charles S. Iupe, Jr.
Tex. App. · 2015 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex. 2005).
cited Cited as authority (rule) in Re Christopher Spates
Tex. App. · 2015 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (2005) (orig. proceeding) (per curiam).
discussed Cited as authority (rule) in Re Benancio Valle Puente Jr (2×)
Tex. App. · 2014 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex. 2005) (orig. proceeding) (per curiam); Ex parte Merrikh, 361 S.W.3d 209, 210 (Tex. App.—Houston [14th Dist.] 2012, orig. proceeding) (per curiam); In re Turner, 177 S.W.3d at 288 ; In re Butler, 45 S.W.3d 268, 270 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding).
discussed Cited as authority (rule) in Re Ramiro R. Garza, Jr. (2×)
Tex. App. · 2014 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex. 2005) (orig. proceeding) (per curiam); Ex parte Merrikh, 361 S.W.3d 209, 210 (Tex. App.—Houston [14th Dist.] 2012, orig. proceeding) (per curiam); In re Turner, 177 S.W.3d at 288 ; In re Butler, 45 S.W.3d 268, 270 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding).
discussed Cited as authority (rule) in Re Anthony Sheridan
Tex. App. · 2014 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex. 2005) (orig. proceeding) (per curiam); Ex parte Merrikh, 361 S.W.3d 209, 210 (Tex. App.—Houston [14th Dist.] 2012, orig. proceeding) (per curiam); In re Ross, 125 S.W.3d 549, 552 (Tex. App.—Austin 2003, orig. proceeding).
discussed Cited as authority (rule) Anthony Leo Sheridan v. the Office of the Attorney General
Tex. App. · 2014 · confidence medium
Hutchins v. State, No. 12-09-00258-CV, 2010 Tex. App. LEXIS 6649 , at *3 (Tex. App.—Tyler Aug. 18, 2010, no pet.) (mem. op.) (citing In re Henry, 154 S.W.3d 594, 596 (Tex. 2005); Cadle Co. v. Lobingier, 50 S.W.3d 662, 671 (Tex. App.—Fort Worth 2001, pet. denied) (citing In re Long, 984 S.W.2d 623, 625 (Tex. 1999) (orig. proceeding))).
cited Cited as authority (rule) in Re Stacie Lynn Depeau
Tex. App. · 2014 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex. 2005) (orig. proceedings) (per curiam).
cited Cited as authority (rule) in Re Kendrick Earl Edwards
Tex. App. · 2014 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex. 2005).
cited Cited as authority (rule) in Re Clifford Hall
Tex. App. · 2014 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex. 2005) (orig. proceeding) (per curiam).
cited Cited as authority (rule) In re Hall
Tex. App. · 2014 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex.2005) (orig. proceeding) (per cu-riam).
discussed Cited as authority (rule) Rosscer Craig Tucker, Ii v. Lizabeth Thomas (2×)
Tex. · 2013 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex.2005) (orig.proceeding) (per curiam); see also Ex parte Helms, 152 Tex. 480 , 259 S.W.2d 184, 189 (1953) (“The attorney’s fee is but a part of the procedural remedy for enforcing substantive rights and the fee allowed as well as other costs in the proceeding is incidental to and a part of the payments necessary for the support of the minors.” (emphasis added)).
discussed Cited as authority (rule) in Re Tammy Fountain (2×)
Tex. App. · 2013 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex. 2005); see TEX.
discussed Cited as authority (rule) In re Fountain (2×)
Tex. App. · 2012 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex.2005); see Tex. Gov’t Code ANN. § 22.221(d) (West 2004) (granting the appellate courts the power to issue writs of habeas corpus).
cited Cited as authority (rule) in Re Tammy Fountain
Tex. App. · 2012 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex. 2005); see TEX.
discussed Cited as authority (rule) in Re Tammy Fountain
Tex. App. · 2012 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex. 2005) (per curiam); see TEX. 2 Family Code section 157.166 provides: (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 orde…
cited Cited as authority (rule) in Re Cary Jorge
Tex. App. · 2012 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex. 2005) (orig. proceeding); In re Zapata, 129 S.W.3d 775, 776, 780 (Tex. App.—Fort Worth 2004, orig. proceeding).
cited Cited as authority (rule) in Re Cary Jorge
Tex. App. · 2012 · confidence medium
In re Henry , 154 S.W.3d 594, 596 (Tex. 2005) (orig. proceeding); In re Zapata , 129 S.W.3d 775, 776, 780 (Tex. App.—Fort Worth 2004, orig. proceeding).
discussed Cited as authority (rule) In Re William Barnes DAVIS (2×)
Tex. App. · 2012 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex.2005) (orig. proceeding) (per curiam).
discussed Cited as authority (rule) In Re Kuster (2×)
Tex. App. · 2012 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex.2005) (orig. proceeding) (per curiam).
cited Cited as authority (rule) in Re Dyanne Kuster, Relator
Tex. App. · 2012 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex. 2005) (orig. proceeding) (per curiam).
cited Cited as authority (rule) in Re Dyanne Kuster, Relator
Tex. App. · 2012 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex. 2005) (orig. proceeding) (per curiam).
cited Cited as authority (rule) in the Interest of B.A.L., Children
Tex. App. · 2012 · confidence medium
Iliff, 339 S.W.3d at 81 (citing In re Henry, 154 S.W.3d 594, 596 (Tex. 2005) (per curiam)).
cited Cited as authority (rule) in the Interest of B.A.L., Children
Tex. App. · 2012 · confidence medium
Iliff, 339 S.W.3d at 81 (citing In re Henry, 154 S.W.3d 594, 596 (Tex. 2005) (per curiam)).
cited Cited as authority (rule) in Re Cameron Shane Claunch
Tex. App. · 2012 · confidence medium
Id. (citing In re Henry , 154 S.W.3d 594, 596 (Tex. 2005)).
cited Cited as authority (rule) in Re Kendrick Earl Edwards
Tex. App. · 2011 · confidence medium
In re Henry , 154 S.W.3d 594, 596 (Tex. 2005).
discussed Cited as authority (rule) Iliff v. Iliff
Tex. · 2011 · confidence medium
In re Henry, 154 S.W.3d 594, 596 (Tex.2005) (per curiam); Ex Parte Hall, 854 S.W.2d 656, 658 (Tex.1993); Eggemeyer v. Eggemeyer, 554 S.W.2d 137, 138 (Tex.1977); see also Yarborough v. Yarborough, 290 U.S. 202, 221 , 54 S.Ct. 181 , 78 L.Ed. 269 (1933) (“[I]n order that children may not become public charges the duty of maintenance is one imposed primarily upon the parents, according to the needs of the child and their ability to meet those needs.”).
discussed Cited as authority (rule) In Re Ezukanma (2×)
Tex. App. · 2011 · signal: cf. · confidence medium
See Ex parte Gerdes, 228 S.W.3d 708, 713 (Tex.App.-Corpus Christi 2006, orig. proceeding); Gonzalez v. State, 187 S.W.3d 166, 171-72 (Tex.App.-Waco 2006, orig. proceeding); cf. In re Henry, 154 S.W.3d 594, 596 (Tex.2005) (“A commitment order that violates the Texas Constitution is beyond the court’s power and is void.”).
discussed Cited as authority (rule) in Re Noble Ezukanma
Tex. App. · 2011 · signal: cf. · confidence medium
See Ex parte Gerdes, 228 S.W.3d 711, 713 (Tex. App.CCorpus Christi 2006, orig. proceeding); Gonzalez v. State, 187 S.W.3d 166 , 171B72 (Tex. App.CWaco 2006, orig. proceeding); cf. In re Henry, 154 S.W.3d 594, 596 (Tex. 2005) (AA commitment order that violates the Texas Constitution is beyond the court's power and is void.@).
Retrieving the full opinion text from the archive…
In Re Paul Edward HENRY
04-0052.
Texas Supreme Court.
Jan 14, 2005.
154 S.W.3d 594
Charles F. Holmans III, Law Office of Charles F. Holmans, Dallas, for relator., Lora A. Pickar, Unglaub Law Firm, Plano, for respondent.
Green.
Cited by 154 opinions  |  Published
PER CURIAM.

Relator in this habeas corpus proceeding challenges his confinement in Collin County jail for failure to pay child support and past-due property taxes in accordance with a final divorce decree. We ordered the relator released on bond pending our consideration of his petition for writ of habeas corpus. We conclude that the relator’s confinement for failure to pay property taxes constituted imprisonment for a debt in violation of article I, section 18 of the Texas Constitution, and that the trial court’s commitment order is void. Accordingly, we grant the writ of habeas corpus and order the relator discharged.

Paul Edward Henry and Dawn Henry were divorced in November 1997. They had one child. The final divorce decree ordered Paul to pay weekly child support, certain debts, and the 1995 and 1996 real estate taxes due on the marital residence. Paul failed to comply with the decree, and on September 3, 2003, the trial court conducted a hearing on Dawn’s motion to enforce. On December 5, 2003, the trial court signed an order finding Paul guilty of contempt for failure to pay past-due real estate taxes and of 359 separate acts of contempt for failure to pay child support.[*582] The trial court imposed a criminal contempt sentence of confinement in the county jail for 72 hours and a civil contempt sentence requiring that Paul remain confined until he paid his ex-wife $30,141.42, which included $20,873 in past-due child support, $2,268 in interest, $4,640.42 in past-due property taxes, and $2,360 in attorney’s fees. The trial court suspended the sentence on the condition that Paul make weekly payments toward the full judgment and continue the previously ordered weekly child-support payment, but the trial court revoked the suspension in a separate commitment order signed on January 8, 2004, after Paul failed to comply with the suspension order’s conditions. Paul was ordered to serve the 72-hour criminal contempt portion of the order and was remanded to custody for confinement in the county jail until he paid Dawn the full judgment of $30,141.42, plus $860.25 in additional child support and $2,300 in additional attorney’s fees. Paul filed a petition for writ of habeas corpus in the court of appeals, which was denied. He then petitioned this Court for relief.

A commitment order is subject to collateral attack in a habeas corpus proceeding. See Ex parte Barnett, 600 S.W.2d 252, 254 (Tex.1980). A writ of habeas corpus will issue if the trial court’s contempt order is void, either because it is beyond the court’s power or because the relator has not been afforded due process. See id.; see also Ex parte Swate, 922 S.W.2d 122, 124 (Tex.1996). A commitment order that violates the Texas Constitution is beyond the court’s power and is void. See Ex parte Yates, 387 S.W.2d 377, 380 (Tex.1965). The Texas Constitution provides that “[n]o person shall ever be imprisoned for debt.” Tex. Const, art. I, § 18. Thus, although an order requiring payment of debt may be enforced through legal processes like execution or attachment, a confinement order premised on failure to pay a debt is void. See Ex parte Hall, 854 S.W.2d 656, 658 (Tex.1993) (stating “the failure to comply with an order to pay a ‘debt’ is not contempt punishable by imprisonment”).

A person may be confined under a court’s contempt powers for failure to pay child support. [1] See Tex. Fam.Code §§ 157.001, 157.166—167; Hall, 854 S.W.2d at 658. But the obligation to support a child is viewed as a legal duty and not as a debt. See Hall, 854 S.W.2d at 658. Similarly, attorney’s fees related to child-support contempt actions are viewed as costs and are not considered a debt. Ex parte Helms, 152 Tex. 480, 259 S.W.2d 184, 188-89 (1953). In this case, the trial court clearly had authority to order Paul confined for failure to pay past-due child support and related attorney’s fees. We must decide whether the trial court also had authority to order Paul confined for failure to pay past-due property taxes.

As with child-support obligations, a person may be held in coercive contempt for failure to satisfy an obligation to deliver specific property pursuant to a division of the community estate. See Ex parte Sutherland, 526 S.W.2d 536, 539 (Tex.1975). The delivery of community property under a divorce decree is not considered payment of a debt when the delivering party surrenders property to which the former spouse is legally entitled. Id. In that instance, the surrendering spouse is, constructively, a trustee in hold[*583] ing the other spouse’s property; as such, the surrendering spouse is not paying a debt, but rather turning over property rightfully due the other under the divorce decree. Id.; Ex parte Preston, 162 Tex. 379, 347 S.W.2d 938, 940-41 (1961). The Henrys’ divorce decree addresses the payment of property taxes in a section devoted to division of assets and requires payment of the taxes “as a part of the division of the estate of the parties.” [2] We must determine whether the trial court’s coercive contempt sentence for Paul’s failure to pay the court-ordered property taxes constitutes prohibited imprisonment for debt.

We have held that when a trial court finds that the particular property at issue currently exists and awards that property as part of the community estate’s division, the contemnor is not indebted to the other party, but becomes a constructive trustee who holds that party’s assets. Preston, 347 S.W.2d at 940. In such an instance, a court may find the holding party in contempt and order confinement for willfully refusing to obey an order to turn over funds to which the other party is legally entitled. Id. at 940-41. In this case, the Henrys’ divorce decree did not indicate that funds to pay the property taxes presently existed, nor did it specify particular community funds from which the property taxes were to be paid. Without such identification of existing funds, we cannot consider Paul a constructive trustee or fiduciary who holds community assets that rightfully belong to Dawn. Consequently, Paul’s obligation to pay past-due property taxes is a debt owed to the taxing entity. See Ex parte Chacon, 607 S.W.2d 317, 319 (Tex.Civ.App.-El Paso 1980, orig. proceeding) (holding that a judgment providing for payment of federal taxes is a debt owed to the federal government). The fact that the tax obligation was imposed as a part of the division of community property does not in itself transform the obligation into one enforceable by coercive contempt. See Ex parte Gorena, 595 S.W.2d 841, 845 (Tex.1979) (citing Ex parte Duncan, 462 S.W.2d 336 (Tex.Civ.App.-Houston [1st Dist.] 1970, orig. proceeding) (acknowledging that coercive enforcement of divorce decree’s recital of the parties’ agreement that relator would make payments on a car note constituted imprisonment for debt despite fact that the car was awarded to relator’s wife as part of the community property division)). We conclude that Paul’s obligation to pay property taxes as ordered in the divorce decree is a debt and therefore is not enforceable by[*584] confinement for contempt. See Tex. Const, art. I, § 18.

Paul contends the trial court’s entire commitment order is void because it assesses one coercive punishment for all acts of civil contempt when at least one of those acts is not punishable by confinement. We agree. In Ex parte Davila, we held that a contempt order requiring the relator to pay a sum of money that included amounts that could not be the basis for contempt is void and requires that the relator be discharged from confinement. 718 S.W.2d 281, 282 (Tex.1986). As in Davila, the commitment order here does not assess separate penalties for each contemptuous act; rather, it requires Paul to pay a $30,141.42 lump sum to secure his freedom. Id. This lump sum includes the past-due property taxes and associated penalties, and the commitment order confines Paul until he satisfies the full obligation. “If one punishment is assessed for multiple acts of contempt, and one of those acts is not punishable by contempt, the entire judgment is void.” Id. Because the trial court did not allocate the $30,141.42 judgment based on particular contemptuous acts, and because Paul’s failure to pay past-due property taxes as required in the divorce decree is not punishable by coercive contempt, we hold that the trial court’s entire civil commitment order is void.

Dawn suggests that any void portions of the commitment order can be severed from the valid portions of the order. As authority for her position, Dawn cites one pr e-Davila case from this Court and several cases from our courts of appeals. Those cases, however, are distinguishable in that the contempt and commitment orders in issue either separately listed the punishment for each contemptuous act, involved only the enforceability of a contempt order for inability to pay, or were decided before Davila. Ex parte Carey, 704 S.W.2d 13, 14 (Tex.1986) (pre-Davila case); In re Ross, 125 S.W.3d 549, 553 (Tex.App.-Austin 2003, orig. proceeding) (listing contempt sentences separately); In re Villanueva, 56 S.W.3d 905, 908 (Tex.App.-Houston [1st Dist.] 2001, orig. proceeding) (same); In re Patillo, 32 S.W.3d 907, 909 (Tex.App.-Corpus Christi 2000, orig. proceeding) (same); Ex parte Williams, 866 S.W.2d 751, 753 (Tex.App.Houston [1st Dist.] 1993, orig. proceeding) (same); Ex parte Ramon, 821 S.W.2d 711, 715 (Tex.App.-San Antonio 1991, orig. proceeding) (involving inability to pay support); Ex parte Linder, 783 S.W.2d 754, 758 (Tex.App.-Dallas 1990, orig. proceeding) (listing contempt sentences separately); Ex parte Conoly, 732 S.W.2d 695, 699 (Tex.App.-Dallas 1987, orig. proceeding) (involving two separate contempt orders). Here, as we have said, the commitment order does not allocate the $30,131.42 judgment based on separate contemptuous acts and contains no findings to support a lesser coercive contempt sentence. Accordingly, we are unable to reform the civil commitment order or sever any portion thereof. [3] Had the commitment order in this case itemized the contemptuous acts and identified a discrete dollar amount for each failure to pay, our conclusion might be different.

We hold that the trial court’s commitment order is void. Accordingly, without hearing oral argument, Tex.R.App. P. 52.8(c), we grant Paul Edward Henry’s petition for writ of habeas corpus and order him discharged.

[*585] Justice GREEN did not participate in the decision.
1

. Likewise, a person may be incarcerated for failure to pay a criminal fine. E.g., Ex parte Chambers, 898 S.W.2d 257, 267 (Tex.1995) (citing Dixon v. State, 2 Tex. 481, 482 (1847)). Criminal fines are not debts, and the Texas Constitution does not prohibit confinement for failure to pay such fines. Id. The failure to pay a criminal fine, however, is not an issue in this proceeding.

2

. The pertinent portions of the Henrys’ final divorce decree provide the following:

14. Division of Marital Estate.
The Court finds that the following is a just and right division of the parties’ marital estate, having due regard for the rights of each party and the child of the marriage.
IT IS ORDERED AND DECREED that the estate of the parties is divided as follows:
[[Image here]]
[Dawn] is awarded the following as [Dawn’s] sole and separate property, and [Paul] is hereby divested of all right, title, interest, and claim in and to such property:
1. The following real property [identified in Exhibit A, which contains legal descriptions of the marital residence].
[[Image here]]
IT IS ORDERED AND DECREED that [Paul] shall pay, as a part of the division of the estate of the parties, the following and shall indemnify and hold [Dawn] and [Dawn’s] property harmless from any failure to so discharge these items:
1. The following debts, charges, liabilities, and obligations:
[[Image here]]
1995 and 1996 Real Estate taxes due and owing on the property described in Exhibit A ..., and shall hold [Dawn] harmless from any penalty or interest due thereon.
3

. This is not to say that the trial court may not issue a new commitment order that imposes a civil contempt sentence for Paul's failure to pay child support and related attorney’s fees without imposing a coercive contempt sentence for his failure to pay property taxes. We do not, however, decide the validity of such an order today.