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
Title: Understanding the Texas Motion to Enforce Order with Court: Types and Detailed Explanation Keywords: Texas motion to enforce order with court, enforcement of court orders, family law, civil law, legal process, contempt of court, sanctions, modification of court orders, child custody, child support, visitation rights, spousal support Introduction: The Texas Motion to Enforce Order with Court is a legal process utilized when one party believes that another party has violated a court order. This motion aims to hold the non-compliant party accountable for failing to adhere to the orders issued by the court. Let's explore the different types of Texas Motions to Enforce Order with Court: 1. Motion to Enforce Order Regarding Child Custody, Visitation or Parenting Plan: In family law cases, this type of motion is commonly filed to enforce court-ordered arrangements related to child custody, visitation rights, or parenting plans. If one parent consistently interferes with the other parent's access to the children without legitimate reasons, the impacted party may file this motion seeking enforcement of the original court order. The court may reimpose the original visitation schedule, modify the order, or impose sanctions on the non-compliant parent. 2. Motion to Enforce Order Regarding Child Support: When a party fails to fulfill their child support obligations as determined by the court, the other parent or legal custodian can file a Motion to Enforce Order regarding child support. This motion seeks to hold the non-paying party accountable for their financial responsibilities towards their children. If the court determines non-compliance, various enforcement measures, such as wage garnishment, liens, or property seizure, may be used to collect the arrears. 3. Motion to Enforce Order Regarding Spousal Support: In cases where an ex-spouse fails to pay the court-ordered spousal support or alimony, the receiving party can file a Motion to Enforce Order. This motion aims to ensure that the paying spouse fulfills their financial obligations as determined by the court. If non-compliance is proven, the court may use enforcement mechanisms to ensure payment, and in extreme cases, may hold the non-compliant party in contempt. 4. Motion to Enforce Order Regarding Property Division: If one party fails to comply with the court's order regarding the division of marital assets, including property, bank accounts, or retirement funds, the affected party may file a Motion to Enforce Order. This motion seeks to enforce the court's division and distribution of property as originally decreed. The court may take actions such as imposing penalties, appointing receivers, or granting compensatory relief to address non-compliance. Conclusion: The Texas Motion to Enforce Order with Court is a crucial legal tool to ensure compliance with court orders in various areas, including child custody, child support, spousal support, and property division. By filing this motion, individuals can seek judicial intervention, possible sanctions, or modifications to the existing court orders, depending on their specific circumstances. Consulting with an experienced attorney is strongly advisable to navigate this legal process effectively.
