Smith v. Bramhall
| Decision Date | 01 March 1978 |
| Docket Number | No. B-7147,B-7147 |
| Parties | Gene SMITH, Trustee and Independent Executor, Petitioner, v. Mildred Ann BRAMHALL, Individually a/n/f, Respondent. |
| Court | Texas Supreme Court |
Clark Langford, Waxahachie, for petitioner.
Don R. Stout and Gene Knize, Waxahachie, for respondent.
The application for writ of error is denied with the notation, Our action should not be interpreted as approving the conclusion of the Court of Civil Appeals that "unpaid child support is . . . a debt for which judgment may be taken." 556 S.W.2d 112, 113. Section 14.09(c) of the Texas Family Code provides only that unpaid child support may be reduced to judgment and enforced by the same means as a judgment for a debt, not that such sums are debts.
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12 cases
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Huff v. Huff
...for indebtedness. Id. at 514; see also Smith v. Bramhall, 556 S.W.2d 112 (Tex.Civ.App. Waco 1977) writ ref'd n.r.e. per curiam, 563 S.W.2d 238 (Tex.1978) (making the same distinction between § 14.09(c) and a collateral claim for a The inference to be drawn from this Court's writings in Adai......
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Ex parte McNemee, 7024
...child support arrearage is not a "debt" in recognition of the constitutional prohibition against imprisonment for debt. Smith v. Bramhall, 563 S.W.2d 238 (Tex.1978). Thus, until a judgment is obtained under Tex. Family Code Ann. Sec. 14.09(c), Article 5529, the "catch-all" four-year statute......
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Ex parte Payne
...It probably made that determination in recognition of the constitutional prohibition against imprisonment for debt. Smith & Bramhall, 563 S.W.2d 238 (Tex.1978). It is our opinion, however, that the cause of action for the collection of child support arrearage falls within the purview of Art......
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Interest of Gonzalez
...because arrearages have been reduced to a judgment that is enforceable in the same way as a judgment for a debt. See Smith v. Bramhall, 563 S.W.2d 238, 239 (Tex. 1978); Ex parte Wilbanks, 722 S.W.2d 221, 224 (Tex. App.-Amarillo 1986, orig. proceeding); Ex parte Shaver, 597 S.W.2d 498, 500-0......
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