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.