Texas Statutes that Award Attorney’s Fees in Family Law Cases

Texas Statutes that Award
Attorney’s Fees in Family Law Cases

The following is a list of Texas statutes that award attorney’s fees in family law cases. These statutes give courts discretion to award attorney’s fees, as well as mandate attorney’s fees in certain cases.

TITLE 1

Temporary Orders for Attorney’s Fees in Pending Suit for Divorce — Tex. Fam. Code § 6.502

Title 1: The Marriage Relationship

“(a) While a suit for dissolution of a marriage is pending and on the motion of a party or on the court’s own motion after notice and hearing, the court may render an appropriate order, including the granting of a temporary injunction for the preservation of the property and protection of the parties as deemed necessary and equitable and including an order directed to one or both parties:

(1) requiring a sworn inventory and appraisement of the real and personal property owned or claimed by the parties and specifying the form, manner, and substance of the inventory and appraisal and list of debts and liabilities;

(2) requiring payments to be made for the support of either spouse;

(3) requiring the production of books, papers, documents, and tangible things by a party;

(4) ordering payment of reasonable attorney’s fees and expenses;

(5) appointing a receiver for the preservation and protection of the property of the parties;

(6) awarding one spouse exclusive occupancy of the residence during the pendency of the case;

(7) prohibiting the parties, or either party, from spending funds beyond an amount the court determines to be for reasonable and necessary living expenses;

(8) awarding one spouse exclusive control of a party’s usual business or occupation; or

(9) prohibiting an act described by Section 6.501(a).”

Tex. Fam. Code § 6.502

Suit for Dissolution of Marriage — Tex. Fam. Code § 6.708

Title 1: The Marriage Relationship

“(c) In a suit for dissolution of a marriage, the court may award reasonable attorney’s fees and expenses. The court may order the fees and expenses and any postjudgment interest to be paid directly to the attorney, who may enforce the order in the attorney’s own name by any means available for the enforcement of a judgment for debt.”

Tex. Fam. Code § 6.708 (c).

Temporary Orders for Attorney’s Fees in Suit for Divorce During Appeal — Tex. Fam. Code § 6.709

Title 1: The Marriage Relationship

“(a) In a suit for dissolution of a marriage , on the motion of a party or on the court’s own motion, after notice and hearing, the trial court may render a temporary order as considered equitable and necessary for the preservation of the property and for the protection of the parties during an appeal, including an order directed toward one or both parties :

(1) requiring the support of either spouse;

(2) requiring the payment of reasonable and necessary attorney’s fees and expenses;

(3) appointing a receiver for the preservation and protection of the property of the parties;

(4) awarding one spouse exclusive occupancy of the parties’ residence pending the appeal;

(5) enjoining a party from dissipating or transferring the property awarded to the other party in the trial court’s property division; or

(6) suspending the operation of all or part of the property division that is being appealed.”

Tex. Fam. Code § 6.709 (a).

Overpaid Maintenance — Tex. Fam. Code § 8.0591

Title 1: The Marriage Relationship

“(b) An obligor may file a suit to recover overpaid maintenance under Subsection (a). If the court finds that the obligee failed to return overpaid maintenance under Subsection (a), the court shall order the obligee to pay the obligor’s attorney’s fees and all court costs in addition to the amount of the overpaid maintenance. For good cause shown, the court may waive the requirement that the obligee pay attorney’s fees and court costs if the court states in its order the reasons supporting that finding.”

Tex. Fam. Code § 8.0591 (b).

Attorney’s Fees if Employer Fails to Comply with Writ of Withholding for Maintenance — Tex. Fam. Code § 8.206

Title 1: The Marriage Relationship

“(b) An employer who receives, but does not comply with, an order or writ of withholding is liable to:

(1) the obligee for any amount of spousal maintenance not paid in compliance with the order or writ;

(2) the obligor for any amount withheld from the obligor’s disposable earnings, but not remitted to the obligee; and

(3) the obligee or obligor for reasonable attorney’s fees and court costs incurred in recovering an amount described by Subdivision (1) or (2).”

Tex. Fam. Code § 8.206

Attorney’s Fees if Employer Discharges Employee Because of Writ of Withholding for Maintenance — Tex. Fam. Code § 8.208

Title 1: The Marriage Relationship

“(a) An employer may not use an order or writ of withholding as grounds in whole or part for the termination of employment of, or for any other disciplinary action against, an employee.

(b) An employer may not refuse to hire an employee because of an order or writ of withholding.

(c) An employer who intentionally discharges an employee in violation of this section is liable to that employee for current wages, other employment benefits, and reasonable attorney’s fees and court costs incurred in enforcing the employee’s rights.”

Tex. Fam. Code § 8.208

Attorney’s Fees in Maintenance Qualified Domestic Relations Orders — Tex. Fam. Code § 8.357

Title 1: The Marriage Relationship

Subchapter H: Maintenance Qualified Domestic Relations Order

“(a) In a proceeding under this subchapter, the court may order the obligor to pay reasonable attorney’s fees incurred by a party to obtain the order, all court costs, and all fees charged by a plan administrator for the qualified domestic relations order or similar order.”

Tex. Fam. Code § 8.357

Attorney’s Fees in Suits to Enforce Decree — Tex. Fam. Code § 9.014

Title 1: The Marriage Relationship

Subchapter A: Suit to Enforce Decree

“The court may award reasonable attorney’s fees in a proceeding under this subchapter. The court may order the attorney’s fees to be paid directly to the attorney, who may enforce the order for fees in the attorney’s own name by any means available for the enforcement of a judgment for debt.”

Tex. Fam. Code § 9.014

Attorney’s Fees in Post-Decree Qualified Domestic Relations Orders — Tex. Fam. Code § 9.106

Title 1: The Marriage Relationship

Subchapter B: Post-Decree Qualified Domestic Relations Order

“In a proceeding under this subchapter, the court may award reasonable attorney’s fees incurred by a party to a divorce or annulment against the other party to the divorce or annulment. The court may order the attorney’s fees to be paid directly to the attorney, who may enforce the order for fees in the attorney’s own name by any means available for the enforcement of a judgment for debt.”

Tex. Fam. Code § 9.106

Proceeding to Divide Property Previously Undivided in Divorce Decree — Tex. Fam. Code § 9.205

Title 1: The Marriage Relationship

In a proceeding to divide property previously undivided in a decree of divorce or annulment as provided by this subchapter, the court may award reasonable attorney’s fees. The court may order the attorney’s fees to be paid directly to the attorney, who may enforce the order in the attorney’s own name by any means available for the enforcement of a judgment for debt.

Tex. Fam. Code § 9.205.

TITLE 2

Attorney’s Fees for Child’s Wilful and Malicious Property Damage — Tex. Fam. Code § 41.002

Title 2: Child in Relation to the Family

“Recovery for damage caused by wilful and malicious conduct is limited to actual damages, not to exceed $25,000 per occurrence, plus court costs and reasonable attorney’s fees.”

Tex. Fam. Code § 41.002

Attorney’s Fees for Child’s Wilful and Malicious Property Damage to Inn or Hotel — Tex. Fam. Code § 41.0025

Title 2: Child in Relation to the Family

“(a) Notwithstanding Section 41.002, recovery of damages by an inn or hotel for wilful and malicious conduct is limited to actual damages, not to exceed $25,000 per occurrence, plus court costs and reasonable attorney’s fees.”

Tex. Fam. Code § 41.0025

Attorney’s Fees for Interfering with the Possessory Interest in a Child — Tex. Fam. Code § 42.006

Title 2: Child in Relation to the Family

“(a) Damages may include:

(1) the actual costs and expenses incurred, including attorney’s fees, in:

(A) locating a child who is the subject of the order;

(B) recovering possession of the child if the petitioner is entitled to possession; and

(2) mental suffering and anguish incurred by the plaintiff because of a violation of the order.”

Tex. Fam. Code § 42.006

Frivolous Suits for Interference with Possessory Interest in Child — Tex. Fam. Code § 42.009

Title 2: Child in Relation to the Family

Chapter 42: Civil Liability for Interference with Possessory Interest in Child

“A person sued for damages as provided by this chapter is entitled to recover attorney’s fees and court costs if:

(1) the claim for damages is dismissed or judgment is awarded to the defendant; and

(2) the court or jury finds that the claim for damages is frivolous, unreasonable, or without foundation.”

Tex. Fam. Code § 42.009

TITLE 3

Attorney’s Fees if Employer Terminates Employee for Attending Hearings Pertaining to Child’s Delinquent Conduct — Tex. Fam. Code § 51.116

Title 3: Juvenile Justice Code

“(a) An employer may not terminate the employment of a permanent employee because the employee is required under Section 51.115 to attend a hearing.

(d) The injured person is also entitled to reasonable attorney’s fees in an amount approved by the court.”

Tex. Fam. Code § 51.116

Attorney’s Fees Under the Interstate Compact for Juveniles — Tex. Fam. Code § 60.010

Title 3: Juvenile Justice Code

Sec. C. Judicial Enforcement

The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.

Tex. Fam. Code § 60.010

TITLE 3A

Attorney’s Fees if Employer Terminates Employee for Attending Hearings Pertaining to Truancy Court — Tex. Fam. Code § 65.063

Title 3A: Truancy Court Proceedings

“(a) An employer may not terminate the employment of a permanent employee because the employee is required under Section 65.062(b) to attend a hearing.

(1) reinstatement to the person’s former position;

(2) damages not to exceed an amount equal to six times the amount of monthly compensation received by the person on the date of the hearing; and

(3) reasonable attorney’s fees in an amount approved by the court.”

Tex. Fam. Code § 65.063

TITLE 4

Family Violence or Agreed Protective Order — Tex. Fam. Code § 81.005

Title 4: Protective Orders and Family Violence

“The court may assess reasonable attorney’s fees against the party found to have committed family violence or a party against whom an agreed protective order is rendered under Section 85.005 as compensation for the services of a private or prosecuting attorney or an attorney employed by the Department of Family and Protective Services.”

Tex. Fam. Code § 81.005 (a).

TITLE 5

Temporary Orders for Attorney’s Fees — Tex. Fam. Code § 105.001

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“(a) In a suit, the court may make a temporary order, including the modification of a prior temporary order, for the safety and welfare of the child, including an order:

(1) for the temporary conservatorship of the child;

(2) for the temporary support of the child;

(3) restraining a party from disturbing the peace of the child or another party;

(4) prohibiting a person from removing the child beyond a geographical area identified by the court; or

(5) for payment of reasonable attorney’s fees and expenses.”

Tex. Fam. Code § 105.001 (a).

Attorney’s Fees Against Party Who Made False Allegation of Child Abuse or Neglect — Tex. Fam. Code § 105.006

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“(h) The court may include in a final order in a suit in which a party to the suit makes an allegation of child abuse or neglect a finding on whether the party who made the allegation knew that the allegation was false. This finding shall not constitute collateral estoppel for any criminal proceeding. The court may impose on a party found to have made a false allegation of child abuse or neglect any civil sanction permitted under law, including attorney’s fees, costs of experts, and any other costs.”

Tex. Fam. Code § 105.006 (h).

General Order of Attorney’s Fees — Tex. Fam. Code § 106.002

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“In a suit under this title, the court may render judgment for reasonable attorney’s fees and expenses and order the judgment and postjudgment interest to be paid directly to an attorney.”

Tex. Fam. Code § 106.002 (a).

Attorney’s Fees for Appointments in Suits by Governmental Entities — Tex. Fam. Code § 107.015

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

Subchapter B: Appointments in Certain Suits

“(a) An attorney appointed under this chapter to serve as an attorney ad litem for a child, an attorney in the dual role, or an attorney ad litem for a parent is entitled to reasonable fees and expenses in the amount set by the court to be paid by the parents of the child unless the parents are indigent.”

Tex. Fam. Code § 107.015

Attorney’s Fees for Amicus Attorney or Guardian Ad Litem — Tex. Fam. Code § 107.023

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“(a) In a suit other than a suit filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator of the child, in addition to the attorney’s fees that may be awarded under Chapter 106, the following persons are entitled to reasonable fees and expenses in an amount set by the court and ordered to be paid by one or more parties to the suit:

(1) an attorney appointed as an amicus attorney or as an attorney ad litem for the child; and

(2) a professional who holds a relevant professional license and who is appointed as guardian ad litem for the child, other than a volunteer advocate.”

Tex. Fam. Code § 107.023

Temporary Orders for Attorney’s Fees During Pendency of Appeal — Tex. Fam. Code § 109.001

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“(a) In a suit affecting the parent-child relationship , on the motion of any party or on the court’s own motion and after notice and hearing, the court may make any order necessary to preserve and protect the safety and welfare of the child during the pendency of an appeal as the court may deem necessary and equitable. In addition to other matters, an order may:

(1) appoint temporary conservators for the child and provide for possession of the child;

(2) require the temporary support of the child by a party;

(3) enjoin a party from molesting or disturbing the peace of the child or another party;

(4) prohibit a person from removing the child beyond a geographical area identified by the court;

(5) require payment of reasonable and necessary attorney’s fees and expenses; or

(6) suspend the operation of the order or judgment that is being appealed.”

Tex. Fam. Code § 109.001

Attorney’s Fees for Failing to Provide Medical Treatment to Child Born Alive After Abortion — Tex. Fam. Code § 151.002

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“(e) A physician who violates Subsection (c) by failing to provide the appropriate medical treatment to a child born alive after an abortion or an attempted abortion is liable to the state for a civil penalty of not less than $100,000. The attorney general may bring a suit to collect the penalty. In addition to the civil penalty, the attorney general may recover reasonable attorney’s fees. The civil penalty described in this subsection is in addition to any other recovery authorized under other law.”

Tex. Fam. Code § 151.002

Attorney’s Fees if Court Declines Jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act — Tex. Fam. Code § 152.208

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to Subsection (a), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this chapter.”

Tex. Fam. Code § 152.208

Attorney’s Fees under the Uniform Child Custody Jurisdiction and Enforcement Act — Tex. Fam. Code § 152.312

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.”

Tex. Fam. Code § 152.312

Failing to Return Excess Child Support Payments — Tex. Fam. Code § 154.012

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“(b) An obligor may file a suit to recover a child support payment under Subsection (a). If the court finds that the obligee failed to return a child support payment under Subsection (a), the court shall order the obligee to pay to the obligor attorney’s fees and all court costs in addition to the amount of support paid after the date the child support order terminated. For good cause shown, the court may waive the requirement that the obligee pay attorney’s fees and costs if the court states the reasons supporting that finding.”

Tex. Fam. Code § 154.012

Frivolously Filed Suit for Modification — Tex. Fam. Code § 156.005

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“Notwithstanding Rules 296 through 299, Texas Rules of Civil Procedure, if the court finds that a suit for modification is filed frivolously or is designed to harass a party, the court shall state that finding in the order and assess attorney’s fees as costs against the offending party.”

Tex. Fam. Code § 156.005

Attorney’s Fees for Motion for Contempt or Motion for Forfeiture — Tex. Fam. Code § 157.110

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“(c) The court may order that all or part of the forfeited amount be applied to pay attorney’s fees and costs incurred by the person or entity bringing the motion for contempt or motion for forfeiture.”

Tex. Fam. Code § 157.110

Child Support or Access to Child — Tex. Fam. Code § 157.167

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“(a) If the court finds that the respondent has failed to make child support payments, the court shall order the respondent to pay the movant’s reasonable attorney’s fees and all court costs in addition to the arrearages. Fees and costs ordered under this subsection may be enforced by any means available for the enforcement of child support, including contempt.” Tex. Fam. Code § 157.167 (a).

“(b) If the court finds that the respondent has failed to comply with the terms of an order providing for the possession of or access to a child, the court shall order the respondent to pay the movant’s reasonable attorney’s fees and all court costs in addition to any other remedy. If the court finds that the enforcement of the order with which the respondent failed to comply was necessary to ensure the child’s physical or emotional health or welfare, the fees and costs ordered under this subsection may be enforced by any means available for the enforcement of child support, including contempt, but not including income withholding.”

Tex. Fam. Code § 157.167 (b).

Community Supervision — Tex. Fam. Code § 157.211

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“If the court places the respondent on community supervision and suspends commitment, the terms and conditions of community supervision may include the requirement that the respondent:

(1) report to the community supervision officer as directed;

(2) permit the community supervision officer to visit the respondent at the respondent’s home or elsewhere;

(3) obtain counseling on financial planning, budget management, conflict resolution, parenting skills, alcohol or drug abuse, or other matters causing the respondent to fail to obey the order;

(4) pay required child support and any child support arrearages;

(5) pay court costs and attorney’s fees ordered by the court;

(6) seek employment assistance services offered by the Texas Workforce Commission under Section 302.0035, Labor Code, if appropriate; and

(7) participate in mediation or other services to alleviate conditions that prevent the respondent from obeying the court’s order.”

Tex. Fam. Code § 157.211

Arrearages — Tex. Fam. Code § 157.323

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“(c) If arrearages are owed by the obligor, the court shall:

(1) render judgment against the obligor for the amount due, plus costs and reasonable attorney’s fees;

(2) order any official authorized to levy execution to satisfy the lien, costs, and attorney’s fees by selling any property on which a lien is established under this subchapter; or

(3) order an individual or organization in possession of nonexempt personal property or cash owned by the obligor to dispose of the property as the court may direct.”

Tex. Fam. Code § 157.323

Attorney’s Fees for Failing to Comply with Notice of Levy — Tex. Fam. Code § 157.330

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“(a) A person who possesses or has a right to property that is the subject of a notice of levy delivered to the person and who refuses to surrender the property or right to property to the claimant on demand is liable to the claimant in an amount equal to the value of the property or right to property not surrendered but that does not exceed the amount of the child support arrearages for which the notice of levy has been filed.

(b) A claimant may recover costs and reasonable attorney’s fees incurred in an action under this section.”

Tex. Fam. Code § 157.330

Attorney’s Fees in Child Support Qualified Domestic Relations Orders — Tex. Fam. Code § 157.507

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

Subchapter J: Child Support Qualified Domestic Relations Order

Tex. Fam. Code § 157.507

Actions to Enforce Child Support — Tex. Fam. Code § 158.0051.

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“(a) In addition to an order for income to be withheld for child support, including child support and child support arrearages, the court may render an order that income be withheld from the disposable earnings of the obligor to be applied towards the satisfaction of any ordered attorney’s fees and costs resulting from an action to enforce child support under this title.”

Tex. Fam. Code § 158.0051(a).

Attorney’s Fees if Employer Fails to Comply with Writ of Withholding for Child Support — Tex. Fam. Code § 158.206

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“(b) An employer receiving an order or writ of withholding who does not comply with the order or writ is liable:

(1) to the obligee for the amount not paid in compliance with the order or writ, including the amount the obligor is required to pay for health insurance or dental insurance under Chapter 154;

(2) to the obligor for:

(A) the amount withheld and not paid as required by the order or writ; and

(B) an amount equal to the interest that accrues under Section 157.265 on the amount withheld and not paid; and

(3) for reasonable attorney’s fees and court costs.”

Tex. Fam. Code § 158.206

Attorney’s Fees if Employer Discharges Employee Because of Writ of Withholding for Child Support — Tex. Fam. Code § 158.209

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“(a) An employer may not use an order or writ of withholding as grounds in whole or part for the termination of employment or for any other disciplinary action against an employee.

(b) An employer may not refuse to hire an employee because of an order or writ of withholding.

(c) If an employer intentionally discharges an employee in violation of this section, the employer continues to be liable to the employee for current wages and other benefits and for reasonable attorney’s fees and court costs incurred in enforcing the employee’s rights as provided in this section.”

Tex. Fam. Code § 158.209

Attorney’s Fees under the Uniform Interstate Family Support Act — Tex. Fam. Code § 159.313

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“(b) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney’s fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee’s witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or responding state or foreign country, except as provided by other law. Attorney’s fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney’s own name. Payment of support owed to the obligee has priority over fees, costs, and expenses.

(c) The tribunal shall order the payment of costs and reasonable attorney’s fees if it determines that a hearing was requested primarily for delay. In a proceeding under Subchapter G , a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.”

Tex. Fam. Code § 159.313

Attorney’s Fees in Proceedings to Adjudicate Parentage — Tex. Fam. Code § 160.636

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

Subchapter G: Proceeding to Adjudicate Parentage

“(c) Except as otherwise provided by Subsection (d), the court may assess filing fees, reasonable attorney’s fees, fees for genetic testing, other costs, and necessary travel and other reasonable expenses incurred in a proceeding under this subchapter. Attorney’s fees awarded by the court may be paid directly to the attorney. An attorney who is awarded attorney’s fees may enforce the order in the attorney’s own name.

(d) The court may not assess fees, costs, or expenses against the support enforcement agency of this state or another state, except as provided by other law.”

Tex. Fam. Code § 160.636

Attorney’s Fees for Gestational Agreements that are Not Validated — Tex. Fam. Code § 160.762

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“(d) The court may assess filing fees, reasonable attorney’s fees, fees for genetic testing, other costs, and necessary travel and other reasonable expenses incurred in a proceeding under this section. Attorney’s fees awarded by the court may be paid directly to the attorney. An attorney who is awarded attorney’s fees may enforce the order in the attorney’s own name.”

Tex. Fam. Code § 160.762

Attorney’s Fees if Business with Owner Owing Child Support Makes False Statement — Tex. Fam. Code § 231.006

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“(a) A child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is not eligible to:

(1) receive payments from state funds under a contract to provide property, materials, or services; or

(2) receive a state-funded grant or loan.

(d) A contract, bid, or application subject to the requirements of this section must include the following statement:

‘Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.’

(f) If the certificate required under Subsection (d) is shown to be false, the vendor is liable to the state for attorney’s fees, the costs necessary to complete the contract, including the cost of advertising and awarding a second contract, and any other damages provided by law or contract.”

Tex. Fam. Code § 231.006

Attorney’s Fees in Title IV-D Cases — Tex. Fam. Code § 231.211

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“(a) At the conclusion of a Title IV-D case, the court may assess attorney’s fees and all court costs as authorized by law against the nonprevailing party, except that the court may not assess those amounts against the Title IV-D agency or a private attorney or political subdivision that has entered into a contract under this chapter or any party to whom the agency has provided services under this chapter. Such fees and costs may not exceed reasonable and necessary costs as determined by the court.”

Tex. Fam. Code § 231.211 (a).

Attorney’s Fees for Enforcing Administrative Subpoenas — Tex. Fam. Code § 231.303

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“(c) A court may compel compliance with an administrative subpoena and with any administrative fine for failure to comply with the subpoena and may award attorney’s fees and costs to the Title IV-D agency in enforcing an administrative subpoena on proof that an individual or organization failed without good cause to comply with the subpoena.”

Tex. Fam. Code § 231.303

Attorney’s Fees for Knowingly False Reports About Abuse or Neglect — Tex. Fam. Code § 261.107

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

Chapter 261: Investigation of Report of Child Abuse or Neglect

“(a) A person commits an offense if, with the intent to deceive, the person knowingly makes a report as provided in this chapter that is false. An offense under this subsection is a state jail felony unless it is shown on the trial of the offense that the person has previously been convicted under this section, in which case the offense is a felony of the third degree.

(d) The court shall order a person who is convicted of an offense under Subsection (a) to pay any reasonable attorney’s fees incurred by the person who was falsely accused of abuse or neglect in any proceeding relating to the false report.”

Tex. Fam. Code § 261.107

Attorney’s Fees for Frivolous Claims Regarding Reports of Abuse or Neglect — Tex. Fam. Code § 261.108

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

Subchapter B: Report of Abuse or Neglect; Immunities

“(b) A court shall award a defendant reasonable attorney’s fees and other expenses related to the defense of a claim filed against the defendant for damages or other relief arising from reporting or assisting in the investigation of a report under this chapter or participating in a judicial proceeding resulting from the report if:

(1) the court finds that the claim is frivolous, unreasonable, or without foundation because the defendant is immune from liability under Section 261.106; and

(2) the claim is dismissed or judgment is rendered for the defendant.”

Tex. Fam. Code § 261.108

Attorney’s Fees if Employer Retaliates Against Professional Who Reports Child Abuse — Tex. Fam. Code § 261.110

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“(b) An employer may not suspend or terminate the employment of, discriminate against, or take any other adverse employment action against a person who is a professional and who in good faith:

(1) reports child abuse or neglect to:

(A) the person’s supervisor;

(B) an administrator of the facility where the person is employed;

(D) a law enforcement agency; or

(2) initiates or cooperates with an investigation or proceeding by a governmental entity relating to an allegation of child abuse or neglect.

(d) A plaintiff who prevails in a suit under this section may recover:

(1) actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown;

(2) exemplary damages under Chapter 41, Civil Practice and Remedies Code, if the employer is a private employer;

(3) court costs; and

(4) reasonable attorney’s fees.”

Tex. Fam. Code § 261.110

Attorney’s Fees in a Permanency Care Assistance Agreement — Tex. Fam. Code § 264.852

Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship

“(d) A permanency care assistance agreement may provide for reimbursement of the nonrecurring expenses a kinship provider incurs in obtaining permanent managing conservatorship of a foster child, including attorney’s fees and court costs. The reimbursement of the nonrecurring expenses under this subsection may not exceed $2,000.”

Tex. Fam. Code § 264.852