Motion for Contempt & Motion for enforcement
There’s nothing more frustrating than going through the process of obtaining a legally binding ruling, only for your ex to refuse court orders. Contempt & enforcement can play a big role in the Texas divorce process and in child custody litigation.
Motion for Contempt
Contempt of court means that the individual is “disobeying” the court order required of them. A contempt motion is available to litigants who have already received a court order. The purpose is to bring the non-compliant party into compliance. When filing a Motion for Contempt, each violation results in another “count” of contempt. Contempt is often filed for failure to pay child support or medical expenses for a child.
If your ex has repeatedly violated the court’s order with respect to visitation or their court ordered child support, you can file a motion for contempt. Custody orders are in place to protect children and parental rights. They dictate with whom a child will live, whether a parent will have visitation, and who can make legal decisions for a child. They are legal orders with which parents must comply. Unfortunately, some parents make mistakes and bad decisions and wind up violating an order. While minor violations may not warrant harsh legal action, there are consequences for violating custody orders.
In general, Texas courts have the power to compel a person over whom the court has personal jurisdiction to comply with its directives. Under Texas Government Code § 21.001, courts generally have the power to ensure “the enforcement of its lawful orders.” Specifically, Government Code § 21.002 grants courts contempt power to punish people for disregarding its lawful orders
When it comes to contempt in Texas, the court has the power to make an offending party responsible in several ways. Contempt can include both civil and criminal penalties that range in severity depending on the infraction. These include fines, compensatory visitation, a change in custody arrangements, and even jail time. Additionally, as is only fair, the attorney’s fees that are incurred by the non-offending party may be ordered to be paid by the offending party. If your ex has repeatedly violated the court’s order with respect to visitation or their court ordered child support, please reach out to the Law Office of Christine Mazurek, PLLC so we can speak with an attorney regarding your specific needs.
Motion for Enforcement
A Motion for Enforcement is more often appropriate to make the other party adhere to the order. The goal in an enforcement case is to address the violations, remedy them and then seek additional orders to ensure that the violations do not occur in the future. A motion for enforcement is a motion filed with the court to enforce a final order for conservatorship, child support, possession of or access to a child, property division, spousal maintenance, or other provisions of a final order. Enforcement is the term for proceedings that are brought to force a person to obey a court order. In many cases, it is practiced in cases where a parent has been ordered to take their child to counselor or doctor. It can also be used when a parent fails to surrender the child to the other parent at the time and place that was ordered. Additionally, it can be used to enforce a monetary order with regards to failure to pay spousal maintenance or a final division of property in a divorce decree.
Whatever the reason, enforcement actions are inherently irritating because you are being forced to spend money to compel the opposition party to do something that he or she is already obligated to do under the existing court order. Recognizing this, the Texas legislature has given our courts broad powers when it comes to penalizing litigants that fail to follow the court’s orders. There are many ways to make a person do something – it usually involves some sort of punishment or threat of punishment. Specifically, failure to comply with a court order could result in judgments being issued against the defendant, the imposition of hefty fines, attorney’s fees, and sometimes even jail time. It is usually preferable to resolve conflicts out of court, especially where children are involved. However, when the other party is being malicious or unreasonable or when there is no compromise to be had you may want to file a motion for enforcement. A contempt motion is available to litigants who have already received a court order.
Experienced Attorney
Our attorneys wants to understand your situation, your children's needs, and your goals for your family. Once we know who you are and what your personalized needs are, then our attorney will recommend a legal strategy and a practical course of legal action designed to meet your needs. Law Office of Christine Mazurek, PLLC, ensures that every client is provided with a high level of compassion, respect and personalized attention. Whether your case must be handled through the use of litigation or can be resolved amicably with the use of mediation, our child custody lawyer will work with each client to come up with custom legal solution, tailored to fit the unique needs and goals of our client.
Defending a Motion for Contempt & Enforcement of Orders
If you have been served with papers from your ex-spouse asserting that you have violated your Divorce Decree or that you violated the Order in your Suit Affecting Parent Child relations it may be the case that you have been caught off guard and don’t really know what to think.
One of the most common enforcement actions taken in Texas family courts are those related to child support obligations. Most typically a parent who has the right to receive child support will file an enforcement action against the parent who is obligated to make child support payments. Some judges have a reputation of being extremely hard on parents who do not pay child support.
As a result, jail time may be a possibility if your child's parent has asked the court to consider that punishment. On the other hand, some judges do not take as hard a stance on this subject and may just award attorney’s fees and past due amounts of support to your ex-spouse. If you are needing help defending an enforcement, we can help you get the situation back on track.
Enforcements are serious lawsuits. In some circumstances, the child support requirements may be ambiguous, not specific, or left to chance.
Conversely, in some circumstances, the child support requirements may be ambiguous, not specific, or left to chance.
In some circumstances, the terms of a possession (or visitation) Order may be ambiguous or insufficient – or a term of possession may have been violated due to an honest mistake.
Furthermore in some circumstances, in some child support cases, a parent obligated to pay support may have paid support that was not accurately credited, or they may have failed to pay support because of circumstances beyond their control.
Enforcements are serious lawsuits, both for the party seeking relief and the one defending against it.
Whether you need an attorney to ensure that your child support or possession Order is respected, or whether you need an attorney to defend your alleged violation of an Order, Being represented by a knowledgeable and skilled attorney throughout the enforcement process is important to ensure your rights are protected.
At the Law Office of Christine Mazurek, PLLC, we dedicate our practice to achieving outcomes that are in the best interest of parents and children. Our practice is dedicated to understanding your unique needs and that of your children. We understand that no two situations are ever alike and we stand prepared to advocate or your rights.