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 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. 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.
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.
Notes of Decisions
Rosscer Craig Tucker, Ii v. Lizabeth Thomas, 419 S.W.3d 292 (Tex. 2013).
· cites it 4× “Tex. Fam.Code § 157.167(a). However, the Legislature did not provide a similar provision applicable to modification suits under Chapter 156.”
In Re Moers, 104 S.W.3d 609 (Tex. App. 2003).
· cites it 3× “If a respondent has failed to make child support payments, the trial court “shall order the respondent to pay the movant’s reasonable attorney’s fees” and such fees “may be enforced by any means available for the enforcement of child support, including contempt.”
Janna Russell v. David Christopher Russell, 478 S.W.3d 36 (Tex. App. 2015).
· cites it 5× “Issues and Analysis On appeal, Janna raises nine issues: (1) the trial court abused its discretion on remand in failing to award attorney’s fees to Janna pursuant to the opinion and mandate in Russell I; (2) the trial court abused its discretion in failing to award attorney’s…”
Keith v. Keith, 221 S.W.3d 156 (Tex. App. 2006).
· cites it 2× “TEX. FAM.CODE ANN. § 157.167 (Vernon Supp.”
in the Interest of T.F., J.F., L.F., & W.F., Child., 576 S.W.3d 761 (Tex. App. 2019).
· cites it 2× “See Tex. Fam. Code Ann. § 157.167 (a) (requiring trial court to order respondent to pay movant’s reasonable attorney’s fees and costs if the court finds respondent has failed to make child-support payments); In re M.”
Beck v. Walker, 154 S.W.3d 895 (Tex. App. 2005).
“Tex. Fam.Code Ann. § 157.167(a) (Vernon Supp.”
In re Interest of R.H.W., 542 S.W.3d 724 (Tex. App. 2018).
“" See Tex. Fam. Code § 157.167(a). And, nothing in the Family Code's comprehensive scheme concerning awards of attorney's fees in suits affecting the parent-child relationship equates "necessaries" with child support.”
Hardin v. Hardin, 161 S.W.3d 14 (Tex. App. 2005).
“TEX. FAM. CODE ANN. § 157.167(a) (Vernon 2002).”
Patrice McBride v. Albert McBride, 396 S.W.3d 724 (Tex. App. 2013).
· cites it 2× “Texas Family Code section 157.167 requires the court to order the respondent to pay, in addition to the arrearages, the movant’s reasonable attorney’s fees and costs if the court finds the respondent has failed to make child support payments.”
In Re Estrello, 130 S.W.3d 391 (Tex. App. 2004).
· cites it 2× “2d 184, 188 (1953); Tex. Fam.Code Ann. §§ 157.167 (Vernon 2002).”
— Tex. Fam. Code § 157.167(a) — 36 cases
Rosscer Craig Tucker, Ii v. Lizabeth Thomas, 419 S.W.3d 292 (Tex. 2013).
“Tex. Fam.Code § 157.167(a). However, the Legislature did not provide a similar provision applicable to modification suits under Chapter 156.”
Janna Russell v. David Christopher Russell, 478 S.W.3d 36 (Tex. App. 2015).
“Issues and Analysis On appeal, Janna raises nine issues: (1) the trial court abused its discretion on remand in failing to award attorney’s fees to Janna pursuant to the opinion and mandate in Russell I; (2) the trial court abused its discretion in failing to award attorney’s…”
Beck v. Walker, 154 S.W.3d 895 (Tex. App. 2005).
“Tex. Fam.Code Ann. § 157.167(a) (Vernon Supp.”
In re Interest of R.H.W., 542 S.W.3d 724 (Tex. App. 2018).
“" See Tex. Fam. Code § 157.167(a). And, nothing in the Family Code's comprehensive scheme concerning awards of attorney's fees in suits affecting the parent-child relationship equates "necessaries" with child support.”
— Tex. Fam. Code § 157.167(b) — 5 cases
— Tex. Fam. Code § 157.167(c) — 7 cases
— Tex. Fam. Code § 157.167(d) — 1 case
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