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Respondent Contempt Styled With Strength

Category:
Family Law - Divorce - Spousal Support
State:
Texas
Control #:
TX-01470BG
Format:
Word; 
Rich Text
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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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  • Preview Motion for Order of Contempt for Failure to Pay Spousal Maintenance
  • Preview Motion for Order of Contempt for Failure to Pay Spousal Maintenance
  • Preview Motion for Order of Contempt for Failure to Pay Spousal Maintenance

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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

Common Defenses for Contempt of Court Charges Unintentional violation of the court order. No ability to comply with the court order. Lack of knowledge of the court order. False accusation of disobeying the court.

The Contempt Citation When a contempt citation is filed against someone, the judge is being asked to penalize that person because the petitioner believes he or she violated at least one provision of a court order.

Any court, including a family support magistrate, may punish by fine and imprisonment any person who in its presence behaves contemptuously or in a disorderly manner; but no court or family support magistrate may impose a greater fine than one hundred dollars or a longer term of imprisonment than six months or both.

Civil contempt refers to the wilful disobedience of an order of any court. Criminal contempt includes any act or publication which: (i) 'scandalises' the court, or (ii) prejudices any judicial proceeding, or (iii) interferes with the administration of justice in any other manner.

Civil contempt is different. You can use it to stop the violation of a family court order. Unlike criminal contempt, you only need to prove a ?preponderance of evidence,? meaning that you and your attorney must show that the individual more likely than not willfully violated the order.

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