Ex parte Thompson (1991) – Case Brief Summary (Texas)

In Ex parte Thompson, 803 S.W.2d 876 (Tex. App.--Corpus Christi 1991, orig. proceeding), the trial court ordered relator to pay $ 200 per month in child support. Id.

The trial court later increased that obligation to $ 350 per month. Id. When relator failed to make payments, his wife filed a motion to enforce and hold relator in contempt. Id.

She specifically alleged that relator failed to comply with the second, $ 350 per month order. Id. The wife then filed an amended motion to enforce, this time alleging that relator violated the original, $ 200 per month order. Id.

The trial court conducted a hearing on the amended motion and held relator in contempt for failing to make support payments under the second, $ 350 per month order. Id. at 877.

Relator filed a petition for habeas corpus. Id.

The court of appeals held that the trial court's contempt judgment was void because it held relator in contempt for violating the second order, but the wife's amended motion alleged violation of the first order. Id.

A correct motion would have alleged both violation of the original order and the modified order. Id.