law-spousal-support | alimony | Houston family law appeals
Sebritsky v. Sembritzky (Tex.App.- Houston [1st Dist.] Jan. 8, 2009)(Taft)
breach of a contractual alimony agreement, misnomer, default judgment, liquidated damages)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR
FURTHER PROCEEDINGS: Opinion by Justice Taft
Before Justices Taft, Keyes and Alcala
01-07-00251-CV Verley Lee Sembritsky, Jr. v. Michel Castrinos Sembritzky
Appeal from 312th District Court of Harris County
Trial Court Judge: Hon. James Squier
Guillot v. Guillot (Tex.App.- Houston [1st Dist.] June 26, 2008)(Alcala)
(child custody appeal, supervised visitation, spousal support, findings of facts and conclusions of law)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Justices Nuchia, Alcala and Hanks
01-06-01039-CV Stuart Guillot v. Debra Guillot
Appeal from 387th District Court of Fort Bend County
Trial Court Judge: Hon. Robert J. Kern
In Re Alvin Green, No. 06-0496 (Tex. Apr. 20, 2007)(per curiam)
(contractual alimony not enforceable by contempt, habeas corpus petition granted)
Alvin Green argues he cannot be imprisoned for nonpayment of a contractual alimony obligation incorporated into
his divorce decree. We agree that a court order to pay spousal support is unenforceable by contempt if the order
merely restates a private debt rather than a legal duty imposed by Texas law. Because the district court’s decree
was not “spousal maintenance” ordered under the Family Code but rather was issued solely on the basis of the
parties’ private alimony contract, we grant Alvin’s writ of habeas corpus and order him discharged.