If you are on probation in texas, can your probation be revoked for being delingquent on child support?

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If you are on probation in texas, can your probation be revoked for being delingquent on child support?

I know of a man that had 3 child support cases in texas and he is on probation. Most all the cases are in excess of $15,000.00. I thought your probation would be revoked if you were this delingquent?

Asked on April 26, 2009 under Criminal Law, Texas


Grant Scheiner / Scheiner Law Group, P.C.

Answered 14 years ago | Contributor

Yes, if you are charged and convicted of "criminal non-support." Here is the relevant statute:

Texas Penal Code § 25.05. Criminal nonsupport.

(a) An individual commits an offense if the individual

intentionally or knowingly fails to provide support for

the individual's child younger than 18 years of age, or

for the individual's child who is the subject of a court

order requiring the individual to support the child.

(b) For purposes of this section, "child" includes a

child born out of wedlock whose paternity has either

been acknowledged by the actor or has been

established in a civil suit under the Family Code or the

law of another state.

(c) Under this section, a conviction may be had on the

uncorroborated testimony of a party to the offense. 

(d) It is an affirmative defense to prosecution under

this section that the actor could not provide support for

the actor's child.

(e) The pendency of a prosecution under this section

does not affect the power of a court to enter an order

for child support under the Family Code.

(f) An offense under this section is a state jail felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.

Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 73, § 13,

eff. Nov. 1, 1987; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff.

Sept. 1, 1994; Acts 2001, 77th Leg., ch. 375, § 1, eff. May

25, 2001.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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