guns, drugs and money
Guns, Drugs and Money Show Ability to Pay
April 15, 2009
We've previously
blogged about inability to pay as a defense to a
child support contempt citation. In In re:
Corder, No. 01-09-00004-CV (Tex. App. - Houston
[1st Dist.] Apr. 10, 2009, orig. proceeding), an
obligor claimed an inability to pay but was
successfully impeached when a "Sheriff's Petition and
Notice of Seizure and Intended Forfeiture" was
admitted into evidence. The Petition reflected that
upon his recent arrest, the obligor had "$6,639 cash
in his pocket and a Ruger .45 caliber pistol, a
Marlin .22 caliber firearm, an Ultra High Powered .22
caliber rifle, multiple prescription drugs, and six
baggies, believed to contain marijuana." This
evidence, the First Court of Appeals dryly observed,
"tended to discredit and to impeach his testimony
that during the period in question, he was unable to
obtain employment."
Courtesy of Verner & Brumley, P.C. Dallas, Texas
Courtesy of Verner & Brumley, P.C. Dallas, Texas