Legal Question in Family Law in Texas

Child Support order was Abated, Can I still be held in Contempt of Court?

My initial child support order was in the state of TX 10 yrs ago. My son's father and I lost touch. He never visited the child, nor has had any contact with me until recently when the state of IL came after him for back support. I live in Illinois now. I was sued by my son's father for contempt of court in TX but the judge abated the court order. What does that mean exactly? Can I still be held in contempt of court of that order if another state is now pursuing their own child support case against the father?


Asked on 11/15/02, 11:14 pm

3 Answers from Attorneys

Zachary Bravos Law Offices of Zachary M. Bravos

You CAN be held in contempt.

If the child has lived in Illinois for longer than the last six months, child support issues could be decided in an Illinois court (under the Uniform Child Custody Jurisdiction Act). This does not answer any of the questions raised by the Texas proceedings, such as WHY you were held in contempt in the first place, WHAT the nature of the abatement order is, etc. In other words, more information is needed, and it�s likely the answer to these contempt and abatement questions will be found under Texas law. Resubmit your question for reply by a Texas lawyer only, and supply more information.

I CAN answer the last question �Can I still be held in contempt of court of that order if another state is now pursuing their own child support case against the father?� Yes, definitely yes. Never disregard a court order or proceeding, and never underestimate the power of a court to enforce its own orders.

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Answered on 11/19/02, 12:04 pm
Coral Gunter Coral S. Gunter, Attorney at Law

Re: Child Support order was Abated, Can I still be held in Contempt of Court?

I am not sure why you are being charged with contempt. Is your ex-husband alleging that you did not let him have possession of the child? At any rate, the judge probably abated the case until the court in Illinois could come to a decision. As you both live in Illinois now, this may be a more appropriate forum. Whether you can still be charged with contempt is still an open question. Abating a case under these circumstances most closely means that the court has put it on hold. You will have to closely watch what happens in Illinois. I could answer this question more thoroughly if I knew the nature of the case in Texas and if I knew why it had been abated.

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Answered on 11/18/02, 11:22 am
Mark Williamson Williamson & Associates, PC

Re: Child Support order was Abated, Can I still be held in Contempt of Court?

Without looking at the Texas order, I can't tell you what it means. Just based on what you said, it sounds like the Texas judge told him he cannot pursue his case against you here, and must go to Illinois to fight it. You may be in contempt for failing to keep him and the Texas court advised of your current address and phone number, which may have led to his not exercising visitation rights. Best to talk to an attorney up there and get this straightened out ASAP.

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Answered on 11/16/02, 2:26 pm


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