OPINION
DIAL, Justice.
ON RELATOR’S PETITION FOR WRIT OF HABEAS CORPUS
This is an original habeas corpus proceeding by which Leo Robert McIntyre, Jr., seeks his release from the Bexar County Jail. We have jurisdiction under TEX. GOV’T CODE ANN. § 22.221(d) (Vernon Supp.1987) where a person is restrained of his liberty because of violation of an order previously made in a divorce case or a wife or child support case. On the court’s motion we are considering the matter en banc.
Under the provisions of a January 7, 1986, divorce decree, relator is required to make child support payments of $1,500.00 for his three children. Relator also was ordered in the divorce decree to pay arrear-age in spousal and child support of $5,100.00 within 30 days and to release certain personal property to his former wife, Marian McIntyre.
On March 14, 1986, relator filed a motion to hold his former wife in contempt for violating the provisions of the divorce decree concerning his rights to visitation with his three children. On April 4, 1986, relator’s former wife filed her motion to hold [414]*414relator in contempt for failure to pay child support, for failure to pay the $5,100.00 in past-due spousal and child support ordered by the divorce decree, and for refusing to turn over certain personal property awarded her in the divorce decree.
The court heard both motions for contempt on May 21, 1986. Relator appeared pro se at this hearing. After hearing testimony the court found that Marian McIntyre was “technically guilty” of violating the divorce decree and ordered her to faithfully comply with its visitation provisions. The court also found relator guilty of contempt for failing to pay child support for the months of March, April and May 1986, failing to pay $5,100.00 in back spousal and child support, and failing to surrender to his former wife personal property awarded to her. Relator was ordered confined in the Bexar County Jail for a period of 14 days, and thereafter until he “HAS: 1. PAID $9,600.00 TO THE MOVANT, MARIAN McIntyre, as child-support ARREARAGE: 2. PAID $150.00 AS COURT COSTS OF THIS PROCEEDING TO THE DISTRICT CLERK OF BEXAR COUNTY, TEXAS: 3. PAID $2,500.00 AS COURT COSTS OF THIS PROCEEDING TO GARY D. HOWARD, ATTORNEY FOR MOVANT.”
In this original application for writ of habeas corpus relator challenges his confinement on several grounds. Relator initially argues that the contempt decree is void because he was not afforded assistance of counsel at the contempt hearing, and the record does not affirmatively reflect that he made a knowing, intelligent, and voluntary waiver of counsel.
In Ex parte Lopez, 710 S.W.2d 948 (Tex.App.—San Antonio 1986, no writ) (Reeves, J., concurring in part and dissenting in part) a panel of this Court held that in cases where an indigent is charged with contempt, is not represented by counsel and has not intelligently waived the right to assistance of counsel, a court may not, without violating the constitutional right to assistance of counsel, impose imprisonment as a punishment for disobedience of a child support order.
Lopez found that the right to counsel in contempt proceedings such as the present one, was grounded in the Sixth Amendment to the Constitution, as interpreted by the United States Supreme Court in Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972). Lopez noted that contempt proceedings are “criminal prosecutions,” within the language of the Sixth Amendment to the extent that incarceration can be imposed without a “purge” condition or without a showing of the defendant’s present ability to pay the accrued child support arrearage.
In Ex parte Hosken, 480 S.W.2d 18, 24 (Tex.Civ.App.—Beaumont 1972, no writ), a Sixth Amendment right to counsel was also .found to exist in a contempt proceeding arising out of a violation of the visitation rights provisions of a divorce decree. In that case counsel had been retained but was unavailable when the contempt hearing was held.
The holding of Hosken that the Sixth Amendment did apply in a contempt hearing insofar as retained counsel was concerned was extended in Ridgway v. Baker, 720 F.2d 1409, 1413 (CA 5 1983), where the Court held that the right to counsel under the Sixth Amendment “extends to every case in which the litigant may be deprived of his personal liberty if he loses”, and turns on whether deprivation of liberty may result from a proceeding, not upon its characterization as “criminal” or “civil.” Unlike the case before us, the appellant in Ridgway requested appointment of counsel and made an uncontroverted assertion of indigency. However, neither of those two facts were dispositive of the Court’s opinion, nor formed the basis for it.
The right to counsel under the Sixth Amendment was discussed by the Austin Court of Civil Appeals in Ex parte Wilson, 559 S.W.2d 698, 700-01 (Tex.Civ.App.—Austin 1977, no writ) but held not to be applicable because the relator was not indigent.
The absence of indigency also was a factor in Ex parte Andrews, 566 S.W.2d 668, 670 (Tex.Civ.App.—Houston [1st Dist.] 1978, no writ), where the Court commented [415]*415that the relator’s argument that he was denied due process by the trial court’s failure to provide counsel for him at a contempt hearing raised “serious constitutional questions.” The Court declined to order the relator’s release however, because the record did not show that he requested that the court appoint counsel to represent him or that he was indigent at the time of the hearing and unable to retain counsel.
The decision of the Court in Andrews appears to be based upon a Fourteenth Amendment-due process argument of entitlement to counsel and not a Sixth Amendment argument.1 While this distinction may not seem of much importance at first blush, the Sixth Amendment right to counsel is absolute in any proceeding characterized as a “criminal prosecution.” Under the Fourteenth Amendment, the right to counsel is determined on a case-by-case basis in the exercise of sound discretion by a judge or hearing officer. Middendorf v. Henry, 425 U.S. 25, 42-44, 96 S.Ct. 1281, 1291-92, 47 L.Ed.2d 556, 569 (1976); Gagnon v. Scarpelli, 411 U.S. 778, 789-91, 93 S.Ct. 1756, 1763-64, 36 L.Ed.2d 656, 666 (1973).
In the case before us, relator was found guilty of criminal contempt, inasmuch as he was sentenced to two weeks incarceration which he was ordered to serve without an opportunity to purge himself of contempt. Ex parte Werblud, 536 S.W.2d 542, 545 (Tex.1976). Our Supreme Court has declared that “a contempt proceeding is unlike a civil suit, has some of the incidents of a trial for crime, and is quasi-criminal in nature.” Ex parte Cardwell, 416 S.W.2d 382, 384 (Tex.1967). Accordingly, proceedings in contempt cases should conform as nearly as practicable to those in criminal cases. Ex parte Johnson, 654 S.W.2d 415, 420, (Tex.1983); Deramus v. Thornton, 160 Tex. 494, 333 S.W.2d 824, 829 (1960).
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OPINION
DIAL, Justice.
ON RELATOR’S PETITION FOR WRIT OF HABEAS CORPUS
This is an original habeas corpus proceeding by which Leo Robert McIntyre, Jr., seeks his release from the Bexar County Jail. We have jurisdiction under TEX. GOV’T CODE ANN. § 22.221(d) (Vernon Supp.1987) where a person is restrained of his liberty because of violation of an order previously made in a divorce case or a wife or child support case. On the court’s motion we are considering the matter en banc.
Under the provisions of a January 7, 1986, divorce decree, relator is required to make child support payments of $1,500.00 for his three children. Relator also was ordered in the divorce decree to pay arrear-age in spousal and child support of $5,100.00 within 30 days and to release certain personal property to his former wife, Marian McIntyre.
On March 14, 1986, relator filed a motion to hold his former wife in contempt for violating the provisions of the divorce decree concerning his rights to visitation with his three children. On April 4, 1986, relator’s former wife filed her motion to hold [414]*414relator in contempt for failure to pay child support, for failure to pay the $5,100.00 in past-due spousal and child support ordered by the divorce decree, and for refusing to turn over certain personal property awarded her in the divorce decree.
The court heard both motions for contempt on May 21, 1986. Relator appeared pro se at this hearing. After hearing testimony the court found that Marian McIntyre was “technically guilty” of violating the divorce decree and ordered her to faithfully comply with its visitation provisions. The court also found relator guilty of contempt for failing to pay child support for the months of March, April and May 1986, failing to pay $5,100.00 in back spousal and child support, and failing to surrender to his former wife personal property awarded to her. Relator was ordered confined in the Bexar County Jail for a period of 14 days, and thereafter until he “HAS: 1. PAID $9,600.00 TO THE MOVANT, MARIAN McIntyre, as child-support ARREARAGE: 2. PAID $150.00 AS COURT COSTS OF THIS PROCEEDING TO THE DISTRICT CLERK OF BEXAR COUNTY, TEXAS: 3. PAID $2,500.00 AS COURT COSTS OF THIS PROCEEDING TO GARY D. HOWARD, ATTORNEY FOR MOVANT.”
In this original application for writ of habeas corpus relator challenges his confinement on several grounds. Relator initially argues that the contempt decree is void because he was not afforded assistance of counsel at the contempt hearing, and the record does not affirmatively reflect that he made a knowing, intelligent, and voluntary waiver of counsel.
In Ex parte Lopez, 710 S.W.2d 948 (Tex.App.—San Antonio 1986, no writ) (Reeves, J., concurring in part and dissenting in part) a panel of this Court held that in cases where an indigent is charged with contempt, is not represented by counsel and has not intelligently waived the right to assistance of counsel, a court may not, without violating the constitutional right to assistance of counsel, impose imprisonment as a punishment for disobedience of a child support order.
Lopez found that the right to counsel in contempt proceedings such as the present one, was grounded in the Sixth Amendment to the Constitution, as interpreted by the United States Supreme Court in Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972). Lopez noted that contempt proceedings are “criminal prosecutions,” within the language of the Sixth Amendment to the extent that incarceration can be imposed without a “purge” condition or without a showing of the defendant’s present ability to pay the accrued child support arrearage.
In Ex parte Hosken, 480 S.W.2d 18, 24 (Tex.Civ.App.—Beaumont 1972, no writ), a Sixth Amendment right to counsel was also .found to exist in a contempt proceeding arising out of a violation of the visitation rights provisions of a divorce decree. In that case counsel had been retained but was unavailable when the contempt hearing was held.
The holding of Hosken that the Sixth Amendment did apply in a contempt hearing insofar as retained counsel was concerned was extended in Ridgway v. Baker, 720 F.2d 1409, 1413 (CA 5 1983), where the Court held that the right to counsel under the Sixth Amendment “extends to every case in which the litigant may be deprived of his personal liberty if he loses”, and turns on whether deprivation of liberty may result from a proceeding, not upon its characterization as “criminal” or “civil.” Unlike the case before us, the appellant in Ridgway requested appointment of counsel and made an uncontroverted assertion of indigency. However, neither of those two facts were dispositive of the Court’s opinion, nor formed the basis for it.
The right to counsel under the Sixth Amendment was discussed by the Austin Court of Civil Appeals in Ex parte Wilson, 559 S.W.2d 698, 700-01 (Tex.Civ.App.—Austin 1977, no writ) but held not to be applicable because the relator was not indigent.
The absence of indigency also was a factor in Ex parte Andrews, 566 S.W.2d 668, 670 (Tex.Civ.App.—Houston [1st Dist.] 1978, no writ), where the Court commented [415]*415that the relator’s argument that he was denied due process by the trial court’s failure to provide counsel for him at a contempt hearing raised “serious constitutional questions.” The Court declined to order the relator’s release however, because the record did not show that he requested that the court appoint counsel to represent him or that he was indigent at the time of the hearing and unable to retain counsel.
The decision of the Court in Andrews appears to be based upon a Fourteenth Amendment-due process argument of entitlement to counsel and not a Sixth Amendment argument.1 While this distinction may not seem of much importance at first blush, the Sixth Amendment right to counsel is absolute in any proceeding characterized as a “criminal prosecution.” Under the Fourteenth Amendment, the right to counsel is determined on a case-by-case basis in the exercise of sound discretion by a judge or hearing officer. Middendorf v. Henry, 425 U.S. 25, 42-44, 96 S.Ct. 1281, 1291-92, 47 L.Ed.2d 556, 569 (1976); Gagnon v. Scarpelli, 411 U.S. 778, 789-91, 93 S.Ct. 1756, 1763-64, 36 L.Ed.2d 656, 666 (1973).
In the case before us, relator was found guilty of criminal contempt, inasmuch as he was sentenced to two weeks incarceration which he was ordered to serve without an opportunity to purge himself of contempt. Ex parte Werblud, 536 S.W.2d 542, 545 (Tex.1976). Our Supreme Court has declared that “a contempt proceeding is unlike a civil suit, has some of the incidents of a trial for crime, and is quasi-criminal in nature.” Ex parte Cardwell, 416 S.W.2d 382, 384 (Tex.1967). Accordingly, proceedings in contempt cases should conform as nearly as practicable to those in criminal cases. Ex parte Johnson, 654 S.W.2d 415, 420, (Tex.1983); Deramus v. Thornton, 160 Tex. 494, 333 S.W.2d 824, 829 (1960). We agree that in cases where an indigent contemnor is not represented by counsel and has not knowingly, intelligently, and voluntarily waived the right to assistance of counsel, a court may not impose imprisonment as punishment for failing to make Court ordered child support payments.
The record before us discloses that although relator proceeded pro se at the contempt hearing, he was fully aware of his right to counsel and was not indigent. Indeed, relator does not claim in in his application for writ of habeas corpus that he is indigent, but argues that the holding of Ex parte Lopez applies “without regard to the question of whether Relator was or was not an indigent.” We disagree.
The record establishes that relator owns a $3,000.00 Rolex watch, had $700.00 in the bank on the date of the hearing, was presently leasing a $600.00 per month Mercedes-Benz, and that he owned other personal property. At no time did relator ask the court to appoint counsel.
While the better procedure at a contempt hearing would be for the judge to advise all contemnors of their right to counsel when they appear pro se at the contempt hearing and obtain a waiver of counsel for the record, the record clearly establishes that relator was aware of his right to be represented by an attorney at the hearing and that he was not indigent.
Relator next argues that he is entitled to habeas corpus relief because the evidence in the record of the contempt hearing does not establish beyond a reasonable doubt that he had the ability to make the child support payments. For support of this contention relator relies exclusively on the majority opinion of this Court in Ex parte Lopez, supra.
Lopez extended the above statement that contempt proceedings should conform as nearly as practicable to those in criminal cases. For the first time a Texas court held that the criminal standard of proof beyond a reasonable doubt must be applied in a contempt proceeding to a finding that the relator was affirmatively able to comply with the court’s order. While recogniz[416]*416ing the relator’s right to present evidence concerning his inability to comply, the Lopez majority said, “At the very least, where defendant produces some evidence of inability to pay, he should not be imprisoned unless there is evidence sufficient to support, beyond a reasonable doubt, the finding of ability to comply.” Ex parte Lopez, 710 S.W.2d at 956.
This holding flies in the face of over 30 years of established Texas law. To be sure, one cannot be imprisoned where he is involuntarily unable to perform, but the burden has been placed on the relator to show that inability. Ex parte Padfield, 154 Tex. 253, 276 S.W.2d 247, 251 (1955); Ex parte Kollenborn, 154 Tex. 223, 276 S.W.2d 251, 254 (1955).
Texas Supreme Court did not expand their decisions in Padfield and Kollenbom to include an analysis of the problem. We feel such an analysis is a necessary prerequisite to our conclusion here.
The determination of who has the burden of proof on a particular issue should rest on broad considerations of fairness, convenience and policy, based upon experience in the varying situations. 1 Ray, Texas Law of Evidence § 43 (3rd ed. 1980). Relevant considerations include: (1) the interest of the relator that he not be confined for conduct beyond his control; (2) the interest of the State that court orders generally be obeyed and court-directed child support in particular be timely paid; (3) that there has been a prior determination, based on agreement or evidence, of a reasonable amount of support within relator’s ability to pay, Ex parte Lopez 710 S.W.2d at 956; (4) that the Legislature has provided a means to modify a support order if the circumstances of the relator materially or substantially change, TEX.FAM.CODE ANN. § 14.-08(c)(2) (Vernon 1986); and (5) that the party who is best able to offer accurate evidence should have the burden.
We start with the premise that a judgment of contempt imposing coercive restraint is void if the conditions for purging the contempt are impossible to perform. Unless the contemnor has the means by which he may purge himself, he must be discharged from confinement. Ex parte Ramzy, 424 S.W.2d 220, 223 (Tex.1968).2
May an individual who has been ordered to make regular child support payments simply ignore the court order as void if he now believes he is financially unable to comply? All would agree that orders and judgments of courts should be complied with. If a person believes the order is no longer correct, the remedy is to file a motion to modify the support order under TEX.FAM.CODE ANN. § 14.08(c)(2). Persons who make private determinations of the law and refuse to obey an order run the risk of contempt even if the order is ultimately ruled invalid. Maness v. Meyers, 419 U.S. 449, 458, 95 S.Ct. 584, 590-91, 42 L.Ed.2d 574, 583 (1975).
Having been cited for contempt for non-payment, the relator should not be permitted to sit back and require the movant to reestablish the ability to pay. One of the functions of the legal process is to minimize the risk of erroneous decisions. Addington v. Texas, 441 U.S. 418, 425, 99 S.Ct. 1804, 1809, 60 L.Ed.2d 323, 330 (1979). Both the interest of the relator to avoid unjust imprisonment and the interest of the movant and society that children be supported within the parents’ ability dictates that accurate evidence be available to the trier of fact. The party who is in possession of the peculiar knowledge of the facts to be proved should have the burden of proof in this situation. Dessommes v. Dessommes, 505 S.W.2d 673, 679 (Tex.Civ.App.—Dallas 1973, writ ref’d n.r.e.). Since it is the relator’s ability or inability that is in issue, his evidence would be first hand and more reliable.3
[417]*417To put the burden on the movant would necessitate a period of discovery before the contempt hearing could be held. Often this would be complicated by the parties having moved their residence since the divorce. In the present case the relator still lives in San Antonio; the movant now lives in Missouri. A motion seeking enforcement of child support needs to be heard with dispatch and minimal expenses. Placing the burden on the movant would accomplish neither.
Involuntary inability to comply with the prior order is a defensive issue and should be treated as such. Even in strict criminal prosecutions the State is not required to negate an affirmative defense. The burden to prove an affirmative defense is placed on the criminal defendant by a preponderance of the evidence. TEX.PENAL CODE ANN. § 2.04(d) (Vernon 1974). Such requirements of burden of proof have been held not to violate constitutional due process. Leland v. Oregon, 343 U.S. 790, 72 S.Ct. 1002, 96 L.Ed. 1302 (1952). Placing the burden to prove inability to pay on the relator actually conforms the proceedings in contempt cases as nearly as practical to those in criminal cases. Ex parte Johnson, supra.
It would then be impractical to require the movant to reestablish the relator’s ability to pay every time he (or she) is delinquent. The Dallas Court of Appeals said it well in Whatley v. Whatley, 493 S.W.2d 299, 303 (Tex.Civ.App.—Dallas 1973, no writ):
The plea is by its nature defensive, and the burden should be on the father. A mother responsible for the care of minor children would have an intolerable burden if she has to establish anew the father’s ability to pay every time she seeks the aid of the court to collect a payment past due.
Of course the best interest of the child is always the primary consideration of the court in determining questions of support to the child, and in determining the best interest of the child the court shall consider the parents’ circumstances. TEX.FAM. CODE ANN. § 14.07(a), (b) (Vernon 1986).
The term “burden of proof” is ambiguous in its application. We are here using it to mean the burden of persuading or convincing the trier of the facts on the issue of inability to pay the support required in a prior court order. 1 Ray, Texas Law of Evidence § 42 (3d ed. 1980). At a hearing on a motion for contempt, the mov-ant first has the burden of introducing evidence that the respondent did not comply with the terms of the order sought to be enforced. This makes out a prima facie case of contempt. Ex parte Snow, 677 S.W.2d 147, 149 (TexApp. — Houston [1st Dist.] 1984, no writ). In order to raise the defensive issue of impossibility to perform, the respondent then has the burden of producing evidence on the issue and the ultimate burden of proof.
The burden of proof is not to be confused with standard of proof. There are three standards or levels of proof for different kinds of cases in Texas, i.e., preponderance of the evidence, clear and convincing evidence, and proof beyond a reasonable doubt. The Legislature has spoken with clarity in this regard. In all suits affecting the parent-child relationship (except termination suits) the court’s findings shall be based on a preponderance of the evidence under rules generally applicable to civil cases. TEX.FAM.CODE ANN. § 11.15(a) (Vernon 1986).
We hold that the respondent to a motion for contempt for failure to pay wife or child support has the burden of establishing by a preponderance of the evidence in the trial court the defense of involuntary inability.4 To the extent that our opinion here conflicts with Ex parte Lopez, the holding in Ex parte Lopez is overruled.
[418]*418Relator’s argument that the contempt order is void because the record does not affirmatively establish beyond a reasonable doubt his ability to make the child support payments is denied.
Relator next argues that the contempt order is void because the provisions of the divorce decree concerning the child support payments are not sufficiently specific to have advised him as to his duties under it. See Ex parte Slavin, 412 S.W.2d 43 (Tex.1967).
The divorce decree provides:
It is ORDERED and DECREED that LEO ROBERT McINTYRE, JR. shall pay to MARIAN McINTYRE child support in the amount of Five Hundred Dollars ($500) per child, per month, with the first payment due and payable on December 1, 1985, and continuing thereafter until such time as LEO ROBERT McIN-TYRE, JR.’S obligation to pay child support for one or all of the parties’ children shall cease by operation of law or by court order, provided, however, that if any child reaches the age of eighteen (18) but is still enrolled in an accredited primary or secondary school in a program leading to a High School diploma, the child support payment above set out shall continue until the end of the year in which the child graduates.
Relator complains that the decree is ambiguous, conjectural, and indefinite, in that it does not set out any specific time or manner in which he is to make the payments. We disagree.
Although the divorce decree does not specify the day of the month on which the child support payments are due, it is not void for that, reason. Ex parte McManus, 589 S.W.2d 790, 793 (Tex.Civ.App.—Dallas 1979, no writ). Further, while the decree must set out the requirements for compliance in clear, specific, and unambiguous terms, Ex parte Slavin, supra, it need not completely negate every conceivable exercise of discretion by the contemnor in order to be enforceable. Ex parte McManus, supra. We are uncertain as to the precise meaning of relator’s complaint that the decree does not set out the “manner” in which he was to perform the act of making the child support payments. To the extent that he is contending that the decree is void because it does not specify whether the payments are to be made by check or currency, or in person or by mail, we find no grounds for holding the decree void.
Relator makes the same arguments with respect to the personal property provisions of the divorce decree. We agree that they are not capable of being enforced by contempt. Relator was found guilty of contempt for refusing to surrender to the movant certain personal property awarded to her in the divorce decree. That decree, however, did not command that relator perform any act with respect to that property:
It is therefore ORDERED and DECREED that Petitioner, MARIAN McIN-TYRE, shall receive, and is hereby awarded, as her sole and separate property, free from any claim of Respondent, LEO ROBERT McINTYRE, JR. and Respondent is hereby divested of and interest in and to, the property described in Schedule I, which is attached hereto and made a part hereof.
Schedule I is captioned “PROPERTY AWARDED TO MARIAN McINTYRE,” and among the items awarded to movant that it lists is included certain personal property set out in an attachment, “Exhibit A.” Listed on Exhibit A, along with other items, are the possessions that relator was found to have refused to surrender to the movant.
This provision of the divorce decree divided the parties’ community property but did not order relator to deliver these items to the movant or to undertake any action with regard to them. The lower court erred in finding that relator was in contempt for failing to surrender this property to the movant. In re Hill, 611 S.W.2d 457, 458 (Tex.Civ.App.—Dallas 1980, no writ); Ex parte Chacon, 607 S.W.2d 317, 319 (Tex.Civ.App.—El Paso 1980, no writ).
Although we find that we must reverse the finding of contempt for relator’s refus[419]*419al to surrender these items, we hold that he is not entitled to release from the coercive portion of his confinement.
Relator was found guilty of three acts of contempt for which one penalty of fourteen days confinement was imposed as a punishment. In addition to the punitive incarceration, relator also was ordered to remain in confinement until he paid child support ar-rearage, court costs, and attorney fees.
Where one punishment is assessed for multiple acts of contempt, one of which is not punishable by contempt, the entire judgment is void. Ex parte Davila, 718 S.W.2d 281, 282 (Tex.1986). However, where the void portion of the judgment is severable, it does not vitiate the remainder. Ex parte Karr, 663 S.W.2d 534, 538 (Tex.App.—Amarillo 1983, no writ); Ex parte Werner, 496 S.W.2d 121, 122 (Tex.Civ.App.—San Antonio 1973, no writ); Ex parte Lazaro, 482 S.W.2d 12, 16 (Tex.Civ.App.—San Antonio 1972, writ dism’d).
Since relator received fourteen days confinement for conduct including the failure to surrender the personal property, that portion of the contempt punishment is void and set aside. That void portion of the judgment is held to be severable from the coercive punishment related to payment of child support arrearage and court costs.
Finally, we find no merit to relator’s argument that the contempt order is void because he was compelled to give testimony against himself at the contempt hearing in violation of his Fifth Amendment privilege against self-incrimination. Relator does not point out to this Court any testimony that he gave at the contempt hearing that is incriminating in nature. For the most part his testimony went to his ability to make the child support payments, an issue on which he had the burden of proof. Further, a prima facie case of contempt was made out by the movant before relator gave any testimony. Under these circumstances, relator’s Fifth Amendment privilege against self-incrimination was not violated. Ex parte Burroughs, 687 S.W.2d 444, 446 (Tex.App.—Houston [14th Dist.] 1985, no writ); Ex parte Snow, supra.
Relator's request for habeas corpus relief is granted to the extent that the order directing confinement in the Bexar County Jail for a period of fourteen days is found to be void and is set aside. All other relief is denied. Relator is remanded to the custody of the Sheriff of Bexar County for confinement pursuant to the remainder of the court’s order of commitment.
BUTTS, J., concurs.
CADENA, C.J., dissents, joined by ESQUIVEL and CANTU, JJ.