Citations

Full opinion text

POPE, Justice.

This is an original habeas corpus proceeding. Relator, James Charles Williams, was adjudged in contempt and confined for his disobedience of a court order requiring him to make support payments to a son and a married daughter until the younger child reached twenty-one. The support order was rendered before the son reached eighteen and after the daughter’s marriage. Relator ceased making support payments after the son reached eighteen and urges that the order to make payments for either child is unauthorized by art. 4639a, Vernon’s Ann.Civ.St. and is void. We agree and relator is discharged.

Relator and Clara M. Williams were divorced on July 2, 1951. The court awarded custody of the two minor children to the mother, and ordered relator to pay $15.00 per week until both children reached sixteen. During 1956 the district court held relator in contempt for his failure to pay support, but relator purged himself of the contempt by paying $3,000, that being the amount of the delinquent payments. On December 12, 1966, the court again held relator in contempt and he again purged himself by paying $750.00 which was owing. The court on January 3, 1967 rendered a new order which increased the amount of child support to $30.00 per week. The order further provided:

* * * It is further ordered that that Divice Device, > ¾ *3 g x 8 n> p o 3 ¾ P- S+ o Q 0> ° P £> s 3 gs w <⅞ M. P Hi 3 ^ g Hh O O* C P > ⅛ ^ £ 3 ¡3* 0> P O ^ S 73