Ex Parte Rojo

In this original habeas corpus proceeding, relator contends that his incarceration for civil contempt is illegal because he is financially unable to pay the child support arrear-age required for his release. Because we conclude that relator conclusively established his inability-to-pay defense, we order his discharge.

Carlos Rojo’s 1984 divorce decree requires him to pay $300 in monthly child support for his two children. In late 1993, Rojo’s ex-wife moved to enforce the child support obligation, contending that Rojo had missed numerous payments. Based on an agreement between the parties, the…