Enforcement
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Texas Family Law - Enforcing Court Orders
Sometimes, one or both parties to a family law case will disobey the Court’s order. When this happens, it may be necessary for the aggrieved party to file a suit to enforce the Court’s order. The remedies available for enforcing a court order will depend largely on the specific wording of the order and the type of violation that has occurred. If you are the aggrieved party, we can assist you in enforcing compliance with the divorce decree or other family law order. We can also provide defense services for you if you are the responsible party who has found it difficult to comply with an order of the Court.
In the initial consultation, we will advise you on the most cost effective options available for your particular situation. For example, if you are having difficulty enforcing a child support order, you may have several child support collection options available to you. You may be able to file a contempt lawsuit (asking that the deadbeat dad be sent to jail), a judicial writ of withholding (garnishing wages for current and past due support), a child support lien (encumbering the obligor’s assets as security for payment), a child support turn-over order (to obtain money that you know is held for the obligor or in a bank account), or a license revocation (stopping the obligor’s driving privilege until the child support is paid).
If you are having difficulty enforcing a divorce property division order for the transfer of assets or payment of debts, the best course of action may involve asking for clarification of the underlying order, filing a contempt action or a turn-over action against your ex-spouse, foreclosure on his or her property, or abstracting or executing on a judgment. Wage garnishment may be available to enforce an order for alimony or spousal support. If your ex is denying you possession of your children, there are several options available to enforce the child custody or child visitation order. Depending on the nature of the problem, we may be able to resolve the conflict through direct negotiation or through a co-parenting program. Oftentimes it is necessary to file a motion for contempt and a request for additional visitation privileges to make up for the time you were unable to spend with your children due to the conflict. If you are the responsible party having difficulty complying with a court order, we can provide defense services. We will give you honest and candid advice. We will help you consider various options to minimize your exposure to liability and will, whenever possible, help you negotiate a resolution of the dispute.
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