Wilson Whitaker Rynell

Experienced Lawyers

info@wwrlegal.com

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

ENFORCEMENT OF JUDICIAL ORDERS

IN DALLAS-FORT WORTH

Family law litigators in Dallas, Frisco, and Plano to enforce your rights and the court awarded assets.

TEXAS FAMILY LAWYERS

Enforcement of Court Orders


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.


What Typed of Court Orders Can Be Enforced In Family Law? 


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:

 

  • Divorce Decrees; 

 

  • Agreements Incident to Divorce; 

 

  • Child Custody and Visitation Orders; 

 

  • Child Support Orders; and 

 

  • Protective Orders and Restraining Orders.

 

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:

 

  • Specific Performance for the Divorce Decree (deliver property, or pay the sum of money or its equivalent);

 

  • Money Judgment for the Damages (damages caused by a party’s failure to comply with a divorce decree);

 

  • Money Judgment for Unpaid Payments (money for which you are entitled under the divorce decree);

 

  • Civil or Criminal Contempt for a Failure to Comply;

 

  • Order Confirming Child Support Arrearages

 

  • Wage-Withholding Order for Child Support;

 

  • Securing Lien on Real or Personal Property (for monies owed for unpaid support);

 

  • Seizing Bank Accounts ( levying of  financial accounts for unpaid support);

 

  • Suspension of a State Issued License (driver's license, hunting license, etc.);

 

  • Ordering Additional Periods of Possession or Access to a Child (to make up for time wrongfully withheld); and

 

  • Awarding Attorney’s Fees and Court Costs .

 

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.


What Is Contempt of Court?



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. 



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Additional Judgement Enforcement Focus 

Where Do You File For Enforcement Of A Divorce Decree? 


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.


What Is The Time Frame For Filing An Enforcement Of A Divorce Decree? 


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. 


Enforcing Your Divorce Decree



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.

CLIENT MATTERS


5,000+


YEARS OF SERVICE

 25+

Award Winning

Recognized in the legal industry as dedicated board-certified lawyers and Rising Stars.

Expert Team

Your project will be handled by legal experts every time. You will have the most experienced attorneys working for you. 

Quality Representation

You’ll find the support you need to ensure that things run smoothly. We’re here to help with all your legal needs.

Meet Our Team

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By Leigh Whitaker January 28, 2025
Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. Help you create the future you want by offering trusted legal advice. Use efficient methods to minimize unnecessary costs and keep the process manageable. Navigating family law disputes requires a thorough understanding of Texas family law and strong advocacy. Women facing divorce or other family law issues are encouraged to seek an experienced family law attorney who can provide personalized guidance. A skilled lawyer can help craft a strategy that protects their rights and ensures a fair resolution. This includes representing their interests in court, negotiating settlements, and helping enforce orders such as child support or spousal maintenance.
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