Finally, your divorce process has been completed successfully. The court has probably given clear orders concerning a number of things such as child custody, division of property, spousal maintenance, support, and visitation. When you have started thinking that now things are in order, another problem arises. Your ex-spouse becomes adamant complying with the court order.
In this case, such a spouse is served with a contempt order, which will force him or her to follow the original order or face a jail term. The laws of Texas have clearly stated out procedures for court order enforcement.
What Is Enforcement and How Do You Achieve It?
Enforcement refers to court proceedings that force an individual to obey a court order. If one party does not act in accordance with a court order, the affected party files a motion under Texas law, which enforces an order previously rendered in a suit.
Some of the commonly violated orders that may need the intervention of a family court include:
- Child visitation
- Child support
- Spousal maintenance
- Division of property
The Specifications for the Motion of A Court Order Enforcement
When filing for contempt of a court order, the following must be included:
- The exact provisions of the initial order that was violated.
- The conduct that the party did that led to the violation of that order.
- The remedy being requested.
If the order is for child support enforcement, the request must include the following:
- The total amount owed, paid, and in arrears based on the initial order.
- Each date when the order was violated and the amount that was due as well as the amount paid if any.
For the court order to be enforceable through contempt, it must be clear and specific such that each party is aware of what the court ordered of them. If it is a visitation order, it must include the time when the child is given to the other party and the return time, the exact location and state. For child support, the order must clearly show the amount to be paid, to whom, the payment date.
If the order is not clear enough, it cannot be enforced by contempt. The court will have to make the necessary clarifications and give the parties involved a chance to adhere.
Possible Enforcement Orders
The enforcement orders will depend on the circumstances surrounding the case and the order that was violated. Mostly the offender will be required to surrender the property or money that was involved in the enforcement request. In addition, there will be:
- A judgment for the offender to make all the unpaid dues
- Lien placement on the offender’s property till the disputed amount is paid
- Garnishing the wages of the parent that fails to pay child support
- An order to adhere to child visitation times and dates
- Sometimes being in contempt of a court order can earn one a fine of up to $500, incarceration, or community service.
The Need for an Enforcement Attorney in Texas
If your ex-spouse is giving you a hard time complying with court orders, or if you are facing contempt of court order charges in Texas, you will definitely need an enforcement attorney. The attorney will help you come up with affirmative evidence that will help in the case.