Texas Motion To Enforce Divorce Decree

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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FAQ

If you believe that your ex-spouse has breached the terms of your divorce settlement agreement, you can file a petition for enforcement with the court. The court will then hold a hearing to determine whether or not your ex-spouse has breached the divorce agreement.

You may file a motion for enforcement of the decree asking the court to enforce the property division in your divorce decree. An order of enforcement does not amend, modify, or alter the original property division in the decree.

The Texas Family Code allows a person in a divorce suit to file a motion to enforce a divorce order in the court where the original decree was established. To file this motion, you will need to pinpoint the specific provisions of the divorce decree that your ex-spouse is not following.

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.

For example, they may not have given you certain property or paid support. If this happens, you may need to file a suit to enforce the divorce decree. You have two years from the date of the final decree to file for enforcement of property division.

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Texas Motion To Enforce Divorce Decree