Texas Codes

Tex. Fam. Code § 157.008 (2026)

Affirmative Defense To Motion For Enforcement Of Child Support

✓ current as of May 2026

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Sec. 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, Sec. 1, eff. April 20, 1995.

Notes of Decisions

Cited in 97 cases (4 in the last 5 years), 1996–2026 · leading case: Gonzalez v. Tippit, 167 S.W.3d 536 (Tex. App. 2005).

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Gonzalez v. Tippit, 167 S.W.3d 536 (Tex. App. 2005). · cites it 6× “See Tex. Fam.Code Ann. § 157.008 (West 2002).”

the Off. of the Attorney Gen. of Texas v. Richard Lynn Scholer, 403 S.W.3d 859 (Tex. 2013). · cites it 5× “Laws 225 , 230 (amended 1995) (current version at Tex. Fam.Code § 157.008). The main difference between the two versions is in the statute’s application — while the prior version limited the use of the affirmative defense to contempt allegations, the current statute expands the…”

Attorney Gen. of Texas v. Stevens, 84 S.W.3d 720 (Tex. App. 2002). · cites it 3× “Tex Fam.Code Ann. § 157.008(a) & (b) (Vernon 1996).”

in Re the Off. of the Attorney Gen., 422 S.W.3d 623 (Tex. 2013). · cites it 2× “See Tex. Fam.Code § 157.008. But it is analogous to an affirmative defense in that it precludes a contempt finding notwithstanding a proven violation of a prior order and places the burden of proof on the respondent to show that it applies.”

Chenault v. Banks, 296 S.W.3d 186 (Tex. App. 2009). · cites it 2× “The Family Code provides that “[a]n obligor may plead as an affirmative defense in whole or in part to a motion for enforcement of child support that the obli-gee voluntarily relinquished to the obligor actual possession and control of a child.”

in the Interest of S.A.H, a Minor Child, 420 S.W.3d 911 (Tex. App. 2014). · cites it 2× “09(3) (repealed, see now Tex. Fam.Code § 157.008(a)); Norman, 683 S.”

In the Interest of A.M., 192 S.W.3d 570 (Tex. 2006). · cites it 9× “In this case, we must decide under what circumstances a parent, who has been ordered to pay periodic child support, may raise the affirmative defense of Texas Family Code section 157.008 to a suit to collect that support.”

Curtis v. Curtis, 11 S.W.3d 466 (Tex. App. 2000). · cites it 3× “” Tex. Fam. Code Ann. § 157.008 (Vernon 1996).”

in the Interest of A.M. & B.M., Child., 101 S.W.3d 480 (Tex. App. 2002). · cites it 6× “Tex. Fam.Code Ann. § 157.008 (Vernon 1996).”

in the Interest of W.J.B. & L.M.B., 294 S.W.3d 873 (Tex. App. 2009). · cites it 12× “See Tex. Fam. Code Ann. § 157.008 (Vernon 2008).”

in Re Joanne Wilkie (Brochstein) Mancha, 440 S.W.3d 158 (Tex. App. 2013). · cites it 2× “” Texas Family Code section 157.008(c) provides for the affirmative defense of inability to pay support in the amount ordered.”

In Re Pierre, 50 S.W.3d 554 (Tex. App. 2001). · cites it 2× “…the funds needed; and (4) knew of no source from which the money could have been borrowed or legally obtained. See Tex.Fam.Code Ann. § 157.008(c).”

Show all 97 citing cases →

— Tex. Fam. Code § 157.008(a) — 23 cases

Chenault v. Banks, 296 S.W.3d 186 (Tex. App. 2009). “The Family Code provides that “[a]n obligor may plead as an affirmative defense in whole or in part to a motion for enforcement of child support that the obli-gee voluntarily relinquished to the obligor actual possession and control of a child.”

in the Interest of S.A.H, a Minor Child, 420 S.W.3d 911 (Tex. App. 2014). “09(3) (repealed, see now Tex. Fam.Code § 157.008(a)); Norman, 683 S.”

the Off. of the Attorney Gen. of Texas v. Richard Lynn Scholer, 403 S.W.3d 859 (Tex. 2013). “Laws 225 , 230 (amended 1995) (current version at Tex. Fam.Code § 157.008). The main difference between the two versions is in the statute’s application — while the prior version limited the use of the affirmative defense to contempt allegations, the current statute expands the…”

Beck v. Walker, 154 S.W.3d 895 (Tex. App. 2005).

Attorney Gen. of Texas v. Stevens, 84 S.W.3d 720 (Tex. App. 2002). “Tex Fam.Code Ann. § 157.008(a) & (b) (Vernon 1996).”

— Tex. Fam. Code § 157.008(b) — 8 cases

Gonzalez v. Tippit, 167 S.W.3d 536 (Tex. App. 2005). “See Tex. Fam.Code Ann. § 157.008 (West 2002).”

Curtis v. Curtis, 11 S.W.3d 466 (Tex. App. 2000). “” Tex. Fam. Code Ann. § 157.008 (Vernon 1996).”

In the Interest of M.P.M., 161 S.W.3d 650 (Tex. App. 2005).

in the Interest of W.J.B. & L.M.B., 294 S.W.3d 873 (Tex. App. 2009). “See Tex. Fam. Code Ann. § 157.008 (Vernon 2008).”

In Re Wjb, 294 S.W.3d 873 (Tex. App. 2009).

— Tex. Fam. Code § 157.008(c) — 33 cases

in Re the Off. of the Attorney Gen., 422 S.W.3d 623 (Tex. 2013). “See Tex. Fam.Code § 157.008. But it is analogous to an affirmative defense in that it precludes a contempt finding notwithstanding a proven violation of a prior order and places the burden of proof on the respondent to show that it applies.”

Cline v. Cline, 557 S.W.3d 810 (Tex. App. 2018).

Attorney Gen. of Texas v. Stevens, 84 S.W.3d 720 (Tex. App. 2002). “Tex Fam.Code Ann. § 157.008(a) & (b) (Vernon 1996).”

In the Interest of J.M.M., 80 S.W.3d 232 (Tex. App. 2002).

— Tex. Fam. Code § 157.008(c)(1) — 4 cases

in Re Joanne Wilkie (Brochstein) Mancha, 440 S.W.3d 158 (Tex. App. 2013). “” Texas Family Code section 157.008(c) provides for the affirmative defense of inability to pay support in the amount ordered.”

In the Interest of B.C.C. & A.N.C., Minor Child., 187 S.W.3d 721 (Tex. App. 2006).

In Re Bcc, 187 S.W.3d 721 (Tex. App. 2006).

in the Interest of J.P. & S.P., Child. (Tex. App. 2013).

— Tex. Fam. Code § 157.008(c)(3) — 1 case

Sibley v. Sibley, 833 So. 2d 847 (Fla. 3d DCA 2002).

— Tex. Fam. Code § 157.008(c)(l) — 2 cases

In Re Pierre, 50 S.W.3d 554 (Tex. App. 2001). “…the funds needed; and (4) knew of no source from which the money could have been borrowed or legally obtained. See Tex.Fam.Code Ann. § 157.008(c).”

In Re Lausch, 177 S.W.3d 144 (Tex. App. 2005).

— Tex. Fam. Code § 157.008(d) — 15 cases

Attorney Gen. of Texas v. Stevens, 84 S.W.3d 720 (Tex. App. 2002). “Tex Fam.Code Ann. § 157.008(a) & (b) (Vernon 1996).”

In the Interest of A.M., 192 S.W.3d 570 (Tex. 2006). “In this case, we must decide under what circumstances a parent, who has been ordered to pay periodic child support, may raise the affirmative defense of Texas Family Code section 157.008 to a suit to collect that support.”

In Re Am, 192 S.W.3d 570 (Tex. 2006).

In Re Zandi, 270 S.W.3d 76 (Tex. 2008).

Pedregon v. Sanchez, 234 S.W.3d 90 (Tex. App. 2007).

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