Ex Parte Lopez

While I concur with most of the majority’s opinion in this case delivered on April 30, 1986, I respectfully dissent to that portion of the majority’s opinion which places the burden on the movant to prove beyond a reasonable doubt that the respondent has the ability to make the child support payments. The majority seems to base their reasoning, in part, upon Lowry v. State, 692 S.W.2d 86 (Tex.Crim.App.1985) (en banc). In Lowry, the respondent was charged with intentionally and knowingly failing “to provide support that he can provide ... for his children ... ”. TEX.PENAL CODE ANN. § 25.05.…