EX PARTE ROJO

No. 96-0389.

925 S.W.2d 654 (1996)

Ex parte Carlos ROJO.

Supreme Court of Texas.

July 12, 1996.


Attorney(s) appearing for the Case

Jesus Hernandez, El Paso, for Relator.

Woodrow Wilson Bean, II, El Paso, for Respondent.


PER CURIAM.

In this original habeas corpus proceeding, relator contends that his incarceration for civil contempt is illegal because he is financially unable to pay the child support arrearage required for his release. Because we conclude that relator conclusively established his inability-to-pay defense, we order his discharge.

Carlos Rojo's 1984 divorce decree requires him to pay $300 in monthly child support for his two children. In late 1993, Rojo's ex...

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