Cases About Proving Inability to Pay Child Support In Texas
In Ex parte Bregenzer, 802 S.W.2d 884 (Tex. App. -- Houston [1st Dist.] 1991, orig. proceeding), the Court held Bregenzer had not met his burden of conclusively proving his inability to pay the child support arrearage because he did not establish that he had requested and been denied a loan to pay the child support, from his wife, who had paid his legal fees. Ex parte Bregenzer, 802 S.W.2d at 887.
In Ex parte Dean, 517 S.W.2d 365 (Tex. Civ. App. -- Houston [1st Dist.] 1974, orig. proceeding), the Court held that Dean, who a year before his contempt hearing had signed a financial statement showing his net worth at $ 290,000, annual income of $ 32,000, and who had paid $ 2,500 in attorney's fees, had not shown his inability to pay $ 1,600 of child support. Ex parte Dean, 517 S.W.2d at 367.
In Ex parte Heard, 372 S.W.2d 942 (Tex. 1963), the supreme court held Heard was not free to pay bank and finance company loans as well as life insurance premiums at the expense of paying his child support obligations. Ex parte Heard, 372 S.W.2d at 943-44.