
Enforcement of Family Law Orders in Texas
When you are involved in a family law case, you might be anxiously awaiting the day that you reach a settlement or the court makes a decision. There is a sense of finality in getting that agreement signed or that decree issued. Unfortunately, the entry of a court order is often not the final say when it comes to conflict with your ex-spouse or co-parent.
It isn’t unusual for one party (or both parties) in a family law case to violate a court order. This may be anything from denying custodial time to the other parent to refusing to turn over property in accordance with a court order. Whatever the issue may be, you might be able to work out the matter with your ex. Alternatively, you might need to file an enforcement action in court to ask a judge for relief. Our Austin family law attorneys can help you with the process.
The Law Office of Jason Wright represents individuals and families throughout Travis County in divorce, child custody, child support, and related family law matters. We offer skilled, compassionate representation with an eye toward resolving the case in a way that makes the most sense for our clients. Reach out to our law firm today for a complimentary consultation with a member of our legal team.
What Types of Orders May Be Violated?
When a judge signs off on your family law case, you might breathe a sigh of relief. At long last, your legal drama has ended, and you can move forward with your life! In some cases, the signing of a court order is like a fresh start.
When one party simply refuses to comply with the court order. This can set off a fresh round of legal battles. Family law matters can be particularly challenging because you often have to have continuing contact with your ex. It also involves matters that are very important to people, such as their kids and their finances.
This often leads to one or both parties violating a court order. This can happen in almost any family law case involving different orders, such as:
- Property division: Whether you come to an agreement with your ex or a court orders an equitable division of property in your divorce, your former spouse may not comply with the order. This could include anything from refusing to list a piece of real estate that they are required to sell or failing to transfer part of their retirement account to you. They might have good reason to violate the order due to circumstances outside of their control (like being unable to sell a house due to a weak real estate market). But if your ex is violating the property division order, you may still have the right to take them to court to enforce it.
- Spousal support: In Texas, spouses can agree to spousal maintenance (similar to the concept of alimony) as part of a mediated settlement agreement or it may be ordered by the court after a trial. If your ex fails to pay spousal support as required by the court order, you might be able to pursue legal action against them.
- Child custody: It is sadly common for one or both parents to violate some aspect of their conservatorship and possession order. This could include anything from making important decisions without consulting their ex to refusing to allow visitation to consistently being late when bringing the kids home after visitation. Whatever the case may be, if your ex isn’t following the child custody order, then you might seek to enforce the order to protect your rights and your children.
- Child support: In Texas, child support payments are usually made through the Texas State Disbursement Unit. A person might have their wages garnished, make payments online, or pay with cash or check. In some cases, the parent who is required to pay child support may deliberately shirk their duty to do so. This can put the custodial parent in a bind, unable to pay for basic necessities for their children. If your ex is violating a court order related to child support, you could take them to court to get paid. They may also face consequences from the state, including a driver’s license suspension, a professional license suspension, a hunting and/or fishing license suspension, and even jail time.
Many people are justifiably frustrated when their ex violates a court order. They may also be reluctant to go back to court, especially if they have already been through a messy, expensive legal battle. However, it is important to protect your rights and the rights of your children, and it may even be possible to resolve the matter without going to court.
Options If Your Ex Is Violating a Court Order
There are a number of different options that you may choose to pursue if your ex is violating a child support order, a custody and visitation order, an alimony order, or a division of property order. This includes both legal and non-legal options.
Sending a Letter from Your Lawyer
If that doesn’t work or if you are concerned that your ex won’t be receptive, you might ask your attorney to reach out to them or their lawyer. This could be as simple as sending a letter reminding them of their obligations under the terms of the order. In many cases, a letter or other communication is all that is needed to resolve the matter.
Sometimes, people might not realize that they are violating a court order. Perhaps they are knowingly violating the order, but think that they are justified in doing so. Whatever the case may be, getting a letter from a lawyer may motivate them to comply with the order. Few people want to spend their hard-earned cash on attorney’s fees, particularly when they can avoid that expense by doing what they have already been ordered to do by a court.
Going to Court to Enforce a Family Law Order
Of course, there are situations where your ex simply will refuse to be reasonable and comply with the court order. In this situation, it may be necessary to file a legal request with the court. This is known as an enforcement action.
To seek enforcement through the court, your Austin family law attorney will draft a motion for enforcement. This document will describe the details of the order and the specific ways in which it has been violated.
The motion will also specify the type of relief sought. This could include a request for:
- Payment of any past due child support or spousal support, with interest
- Extra visitation time if a parent was wrongly denied time with their child(ren)
- An order to turn over property in accordance with a property division settlement or divorce decree
- The payment of attorney’s fees and expenses associated with bringing the order.
The motion may also request that the other party (defendant) be held in contempt of court for violating the order. This could result in jail time for your ex, along with fines and fees.
Once the motion is drafted, it will be filed in the local courthouse and served on your ex. In Austin, your enforcement action will be filed in the family division of the Travis County Court. After they are served with the legal papers, your ex will have an opportunity to respond to the motion.
A hearing will be set to hear arguments on the merits of the motion. During a hearing, each side will get a chance to make arguments, introduce evidence, and question witnesses. The judge will then render a decision, which may include the relief that you requested and/or other relief.
Texas courts have wide discretion to enforce family law orders. To win an enforcement action, you will need to prove that a violation occurred and that you are entitled to relief. Our Austin family law attorneys can work with you to gather evidence to support your motion for enforcement and will make strong legal arguments to the judge when asking for relief.
Our legal team will also offer you strategic advice on the best way to proceed if your ex is violating a court order. In some situations, the best resolution is not to go to court but to try to work it out with your ex. We will counsel you about your options and help you make a decision that works best for you and your family.
Experienced Legal Representation for Austin Family Law Matters
Any family law matter can be stressful and expensive to resolve. If you go through the time and expense of getting a court order, it can be incredibly frustrating to learn that your ex is blatantly violating it. Our law firm can help you determine how to proceed, which may include asking a Texas court to step in and enforce the order for you.
At the Law Office of Jason Wright, we advocate for clients throughout the greater Austin area in a range of Texas family law matters. Whether you are just starting out in the divorce process or are seeking to have a family law order enforced, we can help. Reach out to our law offices today to schedule a complimentary consultation with an Austin family lawyer by calling 512-706-9662 or filling out our online contact form.