Courts expect their orders to be followed, and the Texas legislature has codified various methods for a litigant to ensure that the other party follows any orders made by the Court. In family law, holding a former spouse accountable is known as “enforcement.” Enforcement of orders serves three main purposes: (i) to ensure the integrity of the court’s orders; (ii) to punish violation of the court’s order; and (iii) to deter future violations. In Texas, a court may not change the division of property made in a final divorce decree.
Family law courts may enforce orders dealing with a variety of family matters. Enforcement often occurs through contempt proceedings in which a judge may punish a person by ordering them to pay a fine, sending them to jail, or both. Types of orders that can be enforced in family law include the following:
In order for a court order to be enforceable through contempt, it must use "command language" such as "IT IS ORDERED THAT" and be clear, specific, and unambiguous. It is imperative that the order to be enforced must be specific enough such that the parties will know exactly what the has court ordered. If a court order is not clear and precise enough to be enforced by contempt, the court can clarify the order and allow the party an opportunity to obey the order. Although courts have wide latitude to get appropriately creative in their enforcement orders, the Texas Family Code generally provides for the following forms of judicial relief:
Our family law attorneys specialize in the enforcement of divorce decrees, orders in a suit affecting the parent-child relationship, property enforcement, and any of the above requested judicial relief. Our staff strives to build strong relationships with our clients in order to appreciate their best interests and help them achieve their family law goals. With attorneys certified by the Texas Board of Legal Specialization in Family Law and over a decade of experience litigating family law disputes, the Wilson Legal Group is specially equipped to meet your needs and address the particular concerns of your case.
An individual may be held in contempt of court when a court finds they have shown willful disobedience of the court order. If they are not cooperative, a judge may use various methods to “enforce” the order, such as wage garnishment, jail time, fines, and other penalties. If the court order does not appear to be specific or clear enough, the court will work to clarify the order and may then give the individual an opportunity to obey the new clarifications.
The motion to enforce a divorce decree must be filed in the court that originally made the order of original jurisdiction – the court where the divorce was originally filed. There are exceptions to this rule: (i) the court has transferred the case and another court as acquired continuing jurisdiction; or (ii) if both parties have left the state, the divorce decree may need to be registered in the new state for enforcement as the courts of that new state will acquire continuing jurisdiction.
Excluding child support and other spousal maintenance obligations thereunder, the motion for enforcement must be filed within the (i) two years after the court signed the divorce decree; or, if the order delayed your possession or the property did not exist, (ii) two years from the date the right to the property came into existence, whichever is later.
Obtaining a divorce decree can be difficult, and it becomes even more complicated when an ex-spouse won’t follow the custody agreement, property division, pay the child support, or spousal maintenance under a divorce decree. A successful enforcement action often begins with an assertive offense and/or defense, and you need a lawyer capable of being aggressive to get what you have been awarded. We have successfully taken numerous cases to trial and have reached settlements favorable to our clients in scores more cases. Our success is due to our attorney's strong and passionate dedication to our client's and fierce advocacy for our client's rights and interests. Our family lawyers will fight for your interests and provide the strong and passionate representation your case demands.
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