Tex. Fam. Code Section 157.163
Appointment of Attorney


(a)

In a motion for enforcement or motion to revoke community service, the court must first determine whether incarceration of the respondent is a possible result of the proceedings.

(b)

If the court determines that incarceration is a possible result of the proceedings, the court shall inform a respondent not represented by an attorney of the right to be represented by an attorney and, if the respondent is indigent, of the right to the appointment of an attorney.

(c)

If the court determines that the respondent will not be incarcerated as a result of the proceedings, the court may require a respondent who is indigent to proceed without an attorney.

(d)

If the respondent claims indigency and requests the appointment of an attorney, the court shall require the respondent to file an affidavit of indigency. The court may hear evidence to determine the issue of indigency.

(d-1)

The court may conduct a hearing on the issue of indigency through the use of teleconferencing, videoconferencing, or other remote electronic means if the court determines that conducting the hearing in that manner will facilitate the hearing.

(e)

Except as provided by Subsection (c), the court shall appoint an attorney to represent the respondent if the court determines that the respondent is indigent.

(f)

If the respondent is not in custody, an appointed attorney is entitled to not less than 10 days from the date of the attorney’s appointment to respond to the movant’s pleadings and prepare for the hearing.

(g)

If the respondent is in custody, an appointed attorney is entitled to not less than five days from the date the respondent was taken into custody to respond to the movant’s pleadings and prepare for the hearing.

(h)

The court may shorten or extend the time for preparation if the respondent and the respondent’s attorney sign a waiver of the time limit.

(i)

The scope of the court appointment of an attorney to represent the respondent is limited to the allegation of contempt or of violation of community supervision contained in the motion for enforcement or motion to revoke community supervision.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 961 (S.B. 1965), Sec. 2, eff. September 1, 2017.

Source: Section 157.163 — Appointment of Attorney, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­157.­htm#157.­163 (accessed Mar. 23, 2024).

157.001
Motion for Enforcement
157.002
Contents of Motion
157.003
Joinder of Claims and Remedies
157.004
Time Limitations
157.005
Time Limitations
157.006
Affirmative Defense to Motion for Enforcement
157.007
Affirmative Defense to Motion for Enforcement of Possession or Access
157.008
Affirmative Defense to Motion for Enforcement of Child Support
157.009
Credit for Payment of Disability Benefits
157.061
Setting Hearing
157.062
Notice of Hearing
157.063
Appearance
157.064
Special Exception
157.065
Notice of Hearing, First Class Mail
157.066
Failure to Appear
157.101
Bond or Security for Release of Respondent
157.102
Capias or Warrant
157.103
Capias Fees
157.104
Conditional Release
157.105
Release Hearing
157.106
Cash Bond as Support
157.107
Appearance Bond or Security Other than Cash Bond as Support
157.108
Cash Bond as Property of Respondent
157.109
Security for Compliance with Order
157.110
Forfeiture of Security for Failure to Comply with Order
157.111
Forfeiture Not Defense to Contempt
157.112
Joinder of Forfeiture and Contempt Proceedings
157.113
Application of Bond Pending Writ
157.114
Failure to Appear
157.115
Default Judgment
157.161
Record
157.162
Proof
157.163
Appointment of Attorney
157.164
Payment of Appointed Attorney
157.165
Probation of Contempt Order
157.166
Contents of Enforcement Order
157.167
Respondent to Pay Attorney’s Fees and Costs
157.168
Additional Periods of Possession or Access
157.211
Conditions of Community Supervision
157.212
Term of Community Supervision
157.213
Community Supervision Fees
157.214
Motion to Revoke Community Supervision
157.215
Arrest for Alleged Violation of Community Supervision
157.216
Hearing on Motion to Revoke Community Supervision
157.217
Discharge from Community Supervision
157.261
Unpaid Child Support as Judgment
157.263
Confirmation of Arrearages
157.264
Enforcement of Judgment
157.265
Accrual of Interest on Child Support
157.266
Date of Delinquency
157.267
Interest Enforced as Child Support
157.268
Application of Child Support Payment
157.269
Retention of Jurisdiction
157.311
Definitions
157.312
General Provisions
157.313
Contents of Child Support Lien Notice
157.314
Filing Lien Notice or Abstract of Judgment
157.315
Recording and Indexing Lien
157.316
Perfection of Child Support Lien
157.317
Property to Which Lien Attaches
157.318
Duration and Effect of Child Support Lien
157.319
Effect of Lien Notice
157.320
Priority of Lien as to Real Property
157.321
Discretionary Release of Lien
157.322
Mandatory Release of Lien
157.323
Foreclosure or Suit to Determine Arrearages
157.324
Liability for Failure to Comply with Order or Lien
157.325
Release of Excess Funds to Debtor or Obligor
157.326
Interest of Obligor’s Spouse or Another Person Having Ownership Interest
157.327
Execution and Levy on Financial Assets of Obligor
157.328
Notice of Levy Sent to Obligor
157.329
No Liability for Compliance with Notice of Levy
157.330
Failure to Comply with Notice of Levy
157.331
Additional Levy to Satisfy Arrearages
157.371
Jurisdiction
157.372
Return of Child
157.373
Relator Relinquished Possession
157.374
Welfare of Child
157.375
Immunity to Civil Process
157.376
No Existing Order
157.421
Clarifying Nonspecific Order
157.422
Procedure
157.423
Substantive Change Not Enforceable
157.424
Relation to Motion for Contempt
157.425
Order Not Retroactive
157.426
Time Allowed to Comply
157.501
Jurisdiction for Qualified Domestic Relations Order
157.502
Procedure
157.503
Temporary Orders
157.504
Defective Prior Domestic Relations Order
157.505
Amendment of Qualified Domestic Relations Order
157.506
Liberal Construction
157.507
Attorney’s Fees and Costs
157.508
Conflicts with Other Law
157.551
Civil Penalty for Interference with Child Custody Order
157.3145
Service on Financial Institution
157.3171
Release of Lien on Homestead Property
157.3271
Levy on Financial Institution Account of Deceased Obligor

Accessed:
Mar. 23, 2024

§ 157.163’s source at texas​.gov