Motion For Enforcement By Contempt Texas

State:
Texas
Control #:
TX-01470BG
Format:
Word; 
Rich Text
Instant download

Description

Texas courts are statutorily empowered to enforce their orders by contempt. However, a divorce decree that awards a sum of money, payable in a lump sum or in future installments, is generally not enforceable by contempt, unless either:


1. Payment is to be made from a fund that exists at the time of the decree; or


2. The decree awards the right to receive installment payments or a lump-sum payment due on the maturation of an existing vested or non-vested right to be paid in the future; or


3. The award is for temporary spousal maintenance, as when, following a long term marriage, a spouse lacks the ability to work and earn money to be self-support



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How to fill out Texas Motion For Order Of Contempt For Failure To Pay Spousal Maintenance?

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FAQ

1. File your papers with the district clerk's office in the county where you got the order that you're trying to enforce. Take your documents (and your copies) to the district clerk's office. Tell the clerk you're there to file a Motion to Enforce and hand the clerk all of your documents.

The consequences of the motion: A motion to enforce, if approved, inflicts no punishment on the non-compliant party and instead serves as a reminder to fulfill their legal duties. Alternatively, a motion for contempt can result in jail time or fines for not following a verdict.

When it comes to contempt & enforcement in Texas, the court has the power to make an offending party responsible in several ways. A judge may hold a party in contempt and sentence him to as much as six months in county jail for each offense. The judge may impose a $500 fine for each instance of offense.

How Is Someone Found in Contempt of Court in Texas? Generally, someone who commits direct contempt is found by the judge to be in contempt at that moment, and the judge may order a punishment immediately or in short order unless an officer of the court commits the offense.

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Motion For Enforcement By Contempt Texas