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Ex Parte Gorena

595 S.W.2d 841 (1979)

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Ex Parte Gorena

Texas Supreme Court
595 S.W.2d 841 (1979)

  • Written by Whitney Kamerzel , JD

Facts

Juan Gorena (plaintiff) and Elvia Gorena were married and subsequently divorced. The Gorenas reached an agreement for child custody and the distribution of their community property. The divorce decree incorporated the agreement, stating that Juan was to pay Elvia 42.5 percent of his gross military-retirement pay each month. Juan stopped making these payments, and Elvia petitioned to have Juan held in contempt. Juan was held in contempt and jailed. Juan filed a petition for habeas corpus, arguing that he had been imprisoned for failing to pay a debt in violation of the Texas constitution. The Texas Supreme Court agreed to review the case.

Rule of Law

Issue

Holding and Reasoning (Greenhill, C.J.)

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