Texas § FA.61.056 - AFFIRMATIVE DEFENSE OF INABILITY TO PAY
Full text of Texas The Texas Constitution § FA.61.056 — AFFIRMATIVE DEFENSE OF INABILITY TO PAY, with citation guidance and answers to common questions.
§ FA.61.056. AFFIRMATIVE DEFENSE OF INABILITY TO PAY
AFFIRMATIVE DEFENSE OF INABILITY TO PAY. (a) In an enforcement hearing in which the motion for enforcement alleges that the person against whom enforcement is sought failed to pay restitution, court costs, supervision fees, or any other payment ordered by the court, it is an affirmative defense that the person was financially unable to pay. (b) The burden of proof to establish the affirmative defense of inability to pay is on the person asserting it. (c) In order to prevail on the affirmative defense of inability to pay, the person asserting it must show that the person could not have reasonably paid the court-ordered obligation after the person discharged the person's other important financial obligations, including payments for housing, food, utilities, necessary clothing, education, and preexisting debts. Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § FA.61.056
What does The Texas Constitution § FA.61.056 cover?
Section FA.61.056 ("AFFIRMATIVE DEFENSE OF INABILITY TO PAY") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § FA.61.056?
A common citation format is "The Texas Constitution § FA.61.056" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § FA.61.056 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.