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In re Zandi

The Texas Family Code provides that a motion to revoke suspension of civil commitment for contempt for failure to pay child support must "alleg[e] specifically that certain conduct of the respondent constitutes a violation of the terms and conditions of community supervision." Texas Supreme Court, No. 07-0919.

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ON PETITION FOR WRIT OF HABEAS CORPUS

The trial court held relator Reza Zandi in contempt for 23 violations of a child support order, assessed criminal punishment of 175 days per violation to run concurrently, and ordered civil commitment until he paid $90,447.14 arrearage plus interest. But the court suspended the commitment on four conditions: that Zandi (1) pay Kathleen Marie Richardson, the mother of their two children a lump sum of $25,000, (2) make monthly payments of $1,091.29 on the arrearage, (3) continue monthly child support payments of $1,627.00, and (4) appear in court every six months “for review and status hearing.”

Before the first status hearing, Zandi moved to modify the contempt order. At the hearing, he appeared with counsel and testified that his financial situation had worsened so that his support payments should be reduced. Richardson conceded that Zandi had made the lump-sum and arrearage payments required by the contempt order and agreed that he did not owe future support because the children, ages 17 and 15, were living with Zandi. But Richardson moved to revoke Zandi’s commitment suspension because he had paid only $700 in current child support for the six months since the contempt order. Zandi objected that Richardson had not filed a written motion to revoke suspension. The court nevertheless revoked suspension. The court of appeals denied Zandi’s petition for habeas corpus. On Zandi’s petition to this Court, we ordered him released on a $500 bond.

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