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What to do if a Party is not following a Texas Family Law Court Order in Texas

Once family law cases in Texas have court orders and if one of the parties is not abiding by these orders, the other party must bring it to the attention of the court. Most often that is done by filing a Motion for Contempt or a Motion for Enforcement.

What is a Motion for Contempt?

Contempt means that the other party is violating the court order. Contempt is often for failure to pay child support, spousal maintenance, unreimbursed medical expenses or insurance premiums for the child(ren).

On the date of the hearing, the party claiming contempt must prove to the court during the hearing that the facts are correct, and that the other party is not abiding by the court orders and actually in contempt. The non-abiding party will then try to show the court that they were following the court orders.

What is a Motion for Enforcement?

A Motion for Enforcement is more often suitable to make the other party obey a court order. Frequently, it is used in cases where a parent has been ordered to surrender the child(ren) to the other parent at a time and place that was court ordered or perhaps ordered to take the children to a counselor. Additionally, a Motion for Enforcement can be used to enforce a court order regarding a final division of property in a divorce decree such as a party may be ordered to turn over the proceeds of a sale of community property or to close out a community credit card. The Court will typically issue an order that the action that was previously ordered be done.

For more information contact Yale Law Group at 940-891-4800.

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