Enforcement of Court Orders

Posted on : October 16, 2020

Dividing Marital Property

After a divorce, you and your ex-spouse will be issued court orders that dictate how the marital property will be divided, who will have primary custody of the children and how visitation will proceed, and how much child support will be paid and to whom. Adherence to the court orders is tantamount to the success of your divorce, however, many individuals fail to meet their court-ordered obligations.

If you need to enforce the terms of your divorce, contact a skilled Texas court order enforcement attorney as soon as possible. Below is a general overview not to be considered legal advice, for a more informed assessment, you should speak to a Texas divorce attorney immediately.

Property Division

In a Texas divorce, the court will determine how the marital property will be divided, or “who gets what.” If your spouse is required to surrender certain assets and he or she does not, you may need to contact an attorney to have the order enforced. There are generally two ways a property division order can be enforced. The individual who is non-compliant with the order may be found in contempt of court if he or she is refusing to transfer property. Most courts will not allow contempt proceedings in the case that payments must be made. Alternatively, you can file an injunction against your ex-spouse as a means to enforce the court order.

Child Custody

If your ex-spouse refuses to adhere to the terms of a child custody order, such as failing to bring your child back at the end of his or her court-ordered visitation time, there are several options. You can have your attorney send a letter to your ex-spouse threatening court involvement if they continue to refuse to adhere to the order, or you can file for contempt. If your ex-spouse is denying you visitation or has broken the custody order by taking your children out of state, you should contact the police immediately.

Child Support

If your ex-spouse fails to meet his or her child support obligations, you’ll need to take steps to enforce the order. The first action that is typically taken in this situation is a judgment is obtained against your ex-spouse for the unpaid amount of child support. Having a judgment allows child support to be collected automatically, such as through wage withholding or the seizure of a tax return. If necessary, state and federal government can become involved.

When to Contact a Texas Court Order Enforcement Attorney

Anytime your ex-spouse fails to meet his or her court-ordered obligations after a divorce, you should contact a seasoned Texas court order enforcement attorney. Your attorney can inform you of your legal rights, and assist you in contacting your ex-spouse without the court’s involvement. If your ex-spouse continues to neglect his or her obligations, your attorney can assist you in pursuing contempt of court, an injunction or judgment against them.

The Bourlon Law Firm has assisted numerous clients to enforce their post-divorce court orders, and can provide you with experienced, professional legal representation in your case. Contact us today at (361) 289-6040 for a consultation.