Order Enforcements
Order Enforcements
Family Law Enforcement Action Attorneys in Frisco, Texas (TX)
Our Law Firm Serves Clients in the Following Counties: Collin, Denton, Dallas, Rockwall, Kaufman, Johnson and Cooke.
Enforcement Actions in Texas
If you are in a situation where your spouse/partner, former spouse/partner, or opposing party in a family law matter has failed to adhere to the terms of a court order, pursuing an enforcement action may be an option to address the issue.
The attorneys at Grinke Stewart Law understand how important compliance with these orders can be to our clients’ wellbeing, and we help them hold opposing parties accountable. Contact us to speak to one of our experienced attorneys about initiating an enforcement action in your case.
Reasons to Pursue an Enforcement Action in Texas
Enforcement actions in Texas can be used to address a party’s failure to:
- Pay child support and/or spousal maintenance in the amount ordered or on the day it is due;
- Follow the possession and access schedule;
- Relinquish property awarded to a party;
- Pay a debt assigned to that party; or
- Comply with other provisions of a court order.
These actions are filed with the same court that issued the original order. The court has certain powers of enforcement, including holding the opposing party in contempt.
Enforcement of Spousal Maintenance Order
Violation of a spousal maintenance order might mean that the paying spouse is (1) not paying at all; (2) not paying the full amount; or (3) not paying on time. Unpaid spousal maintenance is considered an arrearage in Texas, and a court can grant a judgment against the party for the amount.
The court can enforce the judgment using any means available for enforcement of debts in the state of Texas, including garnishment of wages. The court can also hold the non-paying party in contempt if he or she refuses to comply, which can mean fines and jail time until the party comes into compliance.
Enforcement of Child Support Order
Nonpayment, underpayment, and untimely payment also constitute violations of a child support order. In an action to enforce a child support order, the court can order the payments withheld from the non-paying parent’s wages and can also suspend the non-paying parent’s driver’s license, professional licenses, or professional certificates. The court may additionally hold the non-paying parent in contempt or place him or her on community supervision/probation to last up to 10 years.
In some cases, the parent seeking back-owed child support will want to pursue levies or liens against the non-paying parent’s assets and property. This can be accomplished after the court issues its order but cannot include a lien against the non-paying parent’s home.
Enforcement of Child Custody Order
A parent might violate a child custody order by failing to comply with Possession and Access, meaning, he or she has denied the other parent visitation. It is important for the parent seeking enforcement to have a clear record that he or she followed the order precisely, including consistent arrival at the agreed-upon pickup location at the agreed-upon time, even when he or she knows visitation is not happening. These incidents can be documented in a visitation journal and must show a pattern of noncompliance.
If a parent is found to have violated a child custody order, the court can hold him or her in contempt. Likewise, if the parent fails to appear in court on the matter, he or she can be held in contempt.
Enforcement of Division of Property Order
Violation of a division of property order within a divorce decree is also grounds for an enforcement action. This might mean a spouse has not delivered certain property to the other spouse under the terms of the order or has not paid a portion of marital assets to the other spouse.
A judge can issue an order of enforcement in these circumstances, which will clarify the way the spouses’ property was supposed to be divided and provide instructions about how to comply with the divorce decree. If the noncompliant spouse still does not adhere to the division of property order, the other spouse can then file a motion for delivery of the property. The spouse also has the option of seeking a monetary judgment for damages and asking the court to hold the noncompliant spouse in contempt.
Contact Grinke Stewart Law, PLLC Today
If you are currently dealing with someone who is not following a court order, contact us today to discuss your situation and learn more about your legal rights and options. Call Grinke Stewart Law, PLLC at (469) 598-2001 to discuss your legal matter or click here to schedule a consultation with one of our attorneys.
