Legal Opinion · Dissent

Ranford v. Ranford

Court of Appeals of Texas

Decided December 17, 1971No. 17746Published

1DissentGuittard, Justice

I do not agree that the-judgment here is the same as a money judgment. Neither do I agree that the trial court’s recital that appellant “was not guilty of willful contempt” is equivalent to a finding that he was not in contempt.

Decisions such as Thompson v. Thompson, 371 S.W.2d 572 (Tex.Civ.App., Fort Worth 1963, no writ), hold that since the obligation to pay child support is not a debt, no personal judgment can be rendered for payments past due, and that the only remedy is contempt under Tex.Rev.Civ.Stat., Art. 4639a (Supp.1971). The order now under review is not a personal judgment for…

2Cases cited8 opinions

  1. McComb v. Jacksonville Paper Co.Supreme Court of the United States · 1949
  2. Commercial Credit Corp. v. SmithTexas Supreme Court · 1945
  3. Construction & General Labor Union, Local No. 688 v. StephensonTexas Supreme Court · 1950
  4. Keton v. ClarkCourt of Appeals of Texas · 1933
  5. Herring v. Houston National Exchange BankTexas Supreme Court · 1923

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