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IN RE A.M.

No. 03-0509.

192 S.W.3d 570 (2006)

In the Interest of A.M. and B.M., Children.

Supreme Court of Texas.

Decided May 5, 2006.

Attorney(s) appearing for the Case

Amy Vanessa Morales-Knight, Asst. Atty. Gen., Houston, Rhonda Amkraut Pressley, Office of Attorney General, Cynthia Bryant, Deputy Attorney General for Child Support, Barry Ross McBee, Office of Attorney General, Austin, Shawn Casey, Law Office of Shawn Casey, Houston, for Petitioner.

George W. Dana, Attorney At Law, Houston, for Respondent.

Justice MEDINA delivered the Opinion of the Court.

In this case, we must decide under what circumstances a parent, who has been ordered to pay periodic child support, may raise the affirmative defense of Texas Family Code section 157.008 to a suit to collect that support. The statute provides that an obligor parent, who by agreement has possessed a child for periods exceeding court-ordered possession, and who has provided actual support for the child during such period...

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