inability to pay

Guns, Drugs and Money Show Ability to Pay

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