Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance
Definition and meaning
The Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance is a legal document that allows an individual, typically the recipient of spousal maintenance, to request enforcement of a court order when the other party fails to make the required payments. This motion is filed in the district court where the divorce decree was issued and highlights the obligations set forth in the decree.
Legal use and context
This motion is used primarily in family law cases where spousal maintenance has been ordered by the court. It is relevant in situations where one spouse is not fulfilling their financial responsibilities as determined in the final divorce decree. Filing this motion seeks to compel compliance from the non-paying spouse and may result in penalties if the court finds them in contempt.
Who should use this form
This form is intended for individuals who were awarded spousal maintenance in their divorce but have not received the payments as ordered. It is suitable for users who have made repeated requests for payment but have not received compliance from the other party. If you are in this situation, you may consider filing this motion to seek court intervention.
How to complete a form
To complete the Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance, follow these steps:
- Input the names of both parties as listed in the original divorce decree.
- Include case details, such as the date of the final divorce decree.
- Specify the amount of spousal maintenance ordered by the court.
- Document the dates when payments were missed and the total amount owed.
- Sign and date the form to submit it formally.
Key components of the form
The motion typically includes the following key components:
- Identifying Information: Names, addresses, and case numbers for both parties.
- Payment Details: Clear statement of the required spousal maintenance payments and the details of any overdue amounts.
- Request for Relief: Specific request for the court to compel payment and address the contempt.
- Certificate of Service: Verification that a copy of the motion has been sent to the other party's attorney or them directly.
Form popularity
FAQ
However, there is a prevailing view as well that spousal support creates a disincentive for a divorcee to return to gainful employment.In other words, Texas does not impose rules for eligibility, amount, duration, and enforcement of contractual alimony like it does for court ordered spousal maintenance.
Contempt: If your spouse has refused or failed to pay your alimony, a judge may find your spouse in contempt of the court. This approach usually means the judge will give an order for the spouse to pay the money owed to you and potentially add another fine for their refusal to pay.
Make lifestyle changes. Ask for an evaluation of your spouse's employability. Prove that your spouse does not need the money. Pay property taxes. End your marriage sooner.
If you are ordered to pay spousal maintenance to your spouse after your divorce is finalized and you do not do so then a judge can hold you in contempt of court. Contempt means that you failed to follow a court order. You can be fined or sent to jail as a result.
There is a valid court order in effect. The other person knows about the court order. The facts show a plain violation of the order. You have given the person notice of the contempt hearing and a chance to be heard. Contempt is an appropriate remedy for the violation.
If a person is found to be in contempt, the court is able to impose sanctions, which may include the following: jail time (usually 1-30 days) ordering the party held in contempt to pay the money owed. ordering the party held in contempt to pay the other party's attorney's fees.
Go to the clerk's office at the court that made the orders. Give the clerk your completed Motion for Contempt and Appearance forms. The clerk will write a hearing date and time on the motion, sign it, and give it back to you. The hearing date is when you and the other person must go to court.
Civil vs Criminal Contempt An action to essentially punish the person who does not comply with a court order is called a contempt action.A civil contempt action seeks to compel compliance with a court order before punishment occurs; a criminal contempt action can impose jail time for failure to obey.