What types of court orders can be enforced in Texas?

It can be incredibly frustrating when a former partner fails to abide by court orders related to child support, visitation, or any other matters arising from divorce or separation. For those in Texas facing such challenges, a contempt order may be the solution to compel compliance, leveraging the possibility of jail time as a deterrent. Below are answers to frequently asked questions about the enforcement of family court orders.

What Does Enforcement Mean?

Enforcement refers to legal actions taken to compel an individual to comply with a court order.

Which Orders Can Be Enforced?

In family law, courts can enforce orders related to:

• Child Support
• Visitation
• Division of property as decreed in a divorce
• Post-divorce spousal support, known as “maintenance”

How Are Orders Enforced?

Enforcement is typically achieved through contempt proceedings. If someone is found in contempt, they may be fined, jailed, or both by the judge.

Requirements for Contempt Enforcement

A court order must be clear, specific, and command compliance to be enforceable by contempt. For visitation, it must detail when and where children are to be exchanged. For child support, it must specify the payment amount, recipient, start date, location, and termination criteria.

Clarifying Vague Orders

If an order is too vague for contempt enforcement, the court can clarify it, giving the individual another chance to comply.

Consequences of Contempt

Contempt can lead to fines or jail time. However, jail may not always be the best solution, especially if the individual is employed, as it could lead to job loss.

Limitations of Contempt Enforcement

Not all orders can be enforced by contempt. For instance, orders to pay debts in a divorce cannot lead to imprisonment due to legal protections against jailing for debt non-payment. However, child support is enforceable because it’s considered a parental duty, not a debt.

Need Legal Assistance?

If you’re struggling with the enforcement of visitation or child support orders in Texas, seeking legal guidance is crucial. Contact the Law Office of Dana Baker at 979-310-5507 for experienced assistance with Texas family court orders.