Enforcement
(of Court Orders)

It can be really frustrating when a conservator doesn’t follow court orders to pay child support, follow possession orders or any other orders established by agreement or the Court. In this case, motion to enforce and sometime a request for a finding of contempt from the court is the best way to force the other party to comply with the order. In special circumstances involving child support, there is even the potential for jail time for not complying with the order.

Most violations of court orders in divorce cases revolve around child possession, support and property division. In child suits, these include non-payment of child support, hindering access or possession of the children and not following the terms of managing the child or co-parenting. In divorce cases these include failure to pay spousal maintenance or not following property division orders. If you are trying to get an enforcement order from the court, as a Plano enforcement lawyer we can help you prepare your case.

The law on
'enforcement' of an order

Ensuring compliance with court orders regarding child support and visitation rights is crucial under Texas law.

Legal Consequences of Non-Compliance:

Under Texas law, failure to pay child support or allow visitation can result in fines of up to $500 (with up to 180 days of jail) with attorney fees.

Alternatives to Jail Time:

Alternatively, the party may also be placed on probation or community supervision. The court may also add other penalties.

Remedies for Denied Visitation:

If a parent is denied visitation rights, the court may order additional visitation time to make up for the lapse and ask the defendant to pay attorney fees and costs.

Importance of Clear Court Orders:

In order for a court order to become enforceable from contempt, it should be specific, unambiguous, and clear. Getting the language right can be difficult, which is why you need a Plano enforcement attorney.

Navigating Enforcement Orders in Family Law

Orders, Contempt and Jail

Yes. Some divorce orders will order a party to pay a specific debt, obligation or liability. These orders cannot be enforced through a contempt order because there is no provision in the law to jail someone for not paying a debt.

When will the court use jail time?

Child support is not covered considered a debt but rather a duty that a parent owes to their child. If a parent does not pay child support, then an enforcement seeking contempt may result in jail time of the acts are egregious enough and no acceptable defenses are presented.

legal advice

If you want to learn more about enforcements from a Plano enforcement lawyer or if you want to consult us on any family law matter, please call us at 972-372-4929 or send us an email at info@dfw-lawyer.com.

if someone files an enforcement action on me

Call us. As stated above, an order for enforcement must be unambiguous to ensure that you were able to follow the orders exactly as written. IF the language is not clear, then we can help show the court that you were unable to follow the orders and therefore need a “clarification” in the order and should not be held in contempt.

Importance of Legal Representation

efending a motion for enforcement requires a detailed reading of the order and a review of the statutes and case law on the issues. So it’s best to hire an attorney who can help you address these issues.

Contact us for more information 972-373-4926 or info@dfw-lawyer.com.

How Does the Court
Address Separate Property?

Presumption of Community Property:

The Texas Family Code presumes all property as community property unless proven otherwise with clear and convincing evidence.

Burden of Proof for Separate Property:

It is the responsibility of the individual claiming separate property to provide evidence supporting their claim.

Complexities in Property Division

The high burden of proof can make property division complex and challenging, requiring thorough legal guidance.

Legal Assistance:

For tailored advice and assistance with marital property matters, contact a Richardson marital property Lawyer at 972-372-4926 or info@dfw-lawyer.com.

Why Choose Brian Andrade
Family Law Firm?

At Brian Andrade Family Law, we are committed to providing our clients with the highest quality legal representation and support, tailored to their unique needs and circumstances. When you choose our firm for your uncontested divorce, you can expect:

Experienced
Attorneys

Our attorneys have years of experience handling a wide range of family law matters. We have the knowledge, skills, and resources necessary to guide you through the process efficiently and effectively.

Personalized
Attention

We understand that every case is unique, and we take the time to listen
to your needs, concerns, and goals.
We will work closely with you to develop a customized legal strategy that meets your specific needs and protects your interests.

Compassionate
Support

Divorce can be a challenging and emotional experience, even when both parties are in agreement. Our team is here to provide you with the compassionate support and guidance you need during this difficult time, ensuring that you feel heard, understood, and supported throughout the process.

Accessible and Responsive Service

We are committed to providing our clients with accessible and responsive legal services. We will keep you informed and involved throughout your case, promptly responding to your questions and concerns and ensuring that you have the information and support you need to make informed decisions.

Reasonable Fees

We understand that cost is a concern for many individuals facing divorce. We strive to provide high-quality legal services at reasonable rates, and we will work with you to develop a fee arrangement that meets your needs and budget.

Get Your First
Consultation FREE!

Get Free Consultation

522 Bishop Avenue Richardson, TX 75081

(972) 372-4926

info@dfw-lawyer.com

Enforcement(of Court Orders)

The law on 'enforcement' of an order