## Facts

- Alvin R. Green and Brenda Kay Green divorced in 2004.
- The divorce decree recited that Alvin had “agreed contractually” to pay Brenda amounts labeled “spousal maintenance” as owelty and to effect a fair division of the community estate, with scheduled monthly payments through January 2016.
- Alvin later moved to reduce the payment obligation, asserting inability to pay and seeking modification under Texas Family Code Chapter 8.
- The trial court denied modification, finding the payments were not court-ordered “spousal maintenance” under Chapter 8, but instead “contractual alimony” agreed to as part of the property division and therefore not subject to Chapter 8 modification.
- In 2006, Brenda filed an enforcement motion seeking contempt and confinement for nonpayment of the support obligation and for failure to maintain health insurance for the children.
- After a hearing, the trial court signed an enforcement order that resulted in Alvin’s confinement based on nonpayment of the amounts described in the decree as “spousal maintenance.”
- Alvin sought habeas relief, arguing confinement for failure to pay contractual alimony impermissibly enforced a private debt by contempt.

## Issues

1. Whether nonpayment of a contractual alimony obligation, incorporated into a divorce decree but not ordered as Chapter 8 spousal maintenance, may be enforced by contempt and imprisonment.
2. Whether a decree’s label of “spousal maintenance” controls contempt enforceability when the obligation is contractual and part of the property division.

## Decision

- The Supreme Court of Texas granted habeas relief and ordered Alvin discharged from custody.
- The court held contempt and imprisonment were unavailable because the decree’s payment obligation, as characterized by the trial court, was contractual alimony rather than statutory spousal maintenance under Chapter 8.
- The court concluded the enforcement order was void to the extent it authorized confinement for nonpayment of a private contractual debt.

## Legal Principles

- A court order to pay spousal support is unenforceable by contempt if it merely restates a private debt rather than a legal duty imposed by Texas law.
- Texas Family Code Chapter 8 authorizes court-ordered spousal maintenance in limited circumstances; contempt enforcement depends on the existence of a statutory maintenance duty, not the decree’s terminology alone.
- Contractual alimony used to effect a fair division of the community estate remains a contract obligation, enforceable through contract remedies rather than incarceration.

## Conclusion

Because the payment obligation was contractual alimony rather than Chapter 8 spousal maintenance, the court could not use contempt and imprisonment to enforce nonpayment, and habeas relief was required.


In re Green, 221 S.W.3d 645 (Tex. 2007)