In re Smith

OPINION

Opinion by

Justice FRANCIS.

Before the Court is relator’s petition for habeas corpus relating to the trial court’s commitment order dated October 18, 2011. Relator complains that the trial court ordered his incarceration despite evidence proving he was unable to pay the amount of child support owed. We agree with relator. Accordingly, we grant the writ of habeas corpus, set aside the order of commitment, and order relator discharged.

A contempt order imposing a coercive restraint is void and subject to collateral attack by habeas corpus if the condition for purging the contempt is…