Texas Affidavit by Attorney and Request for Order in Support of Motion to Punish Defendant for Contempt due to Failure to Pay Alimony or Spousal Support

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US-02228BG
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Description

Contempt refers to any willful disobedience to, or disregard of, a court order or any misconduct in the presence of a court; action that interferes with a judge's ability to administer justice or that insults the dignity of the court.


There are essentially two types of contempt:


" Disrespect to the decorum of the court (being rude, disrespectful to the judge or other attorneys or causing a disturbance in the courtroom, particularly after being warned by the judge) and

" Willful failure to obey an order of the court.


This form deals with such a willful failure. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.



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FAQ

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.

The Texas Family Code Section 8.055 provides a formula for calculating the amount of temporary spousal maintenance, which cannot exceed the lesser of $5,000 or 20% of the paying spouse's average monthly gross income.

The duration of payments is up to five years for a marriage of 10 years or more, seven years for a marriage of 10 to 20 years or up to 10 years for a marriage of 30 years or more.

Sec. 8.057. MODIFICATION OF MAINTENANCE ORDER. (a) The amount of maintenance specified in a court order or the portion of a decree that provides for the maintenance of a former spouse may be modified by the filing of a motion in the court that originally rendered the order.

It can be hard to get alimony in Texas, and examples of the strict standards set out by Texas law include: Maintenance is only awarded if a spouse cannot provide for their basic needs. There is a maximum amount of maintenance that can be awarded ($5,000 or 20% of the paying spouse's earned income)

No matter how much the paying spouse earns, support can never exceed $5,000 per month or 20% of their average monthly income, whichever is smaller. The limits on spousal support in Texas are related to the way Texas divides property during a divorce.

It is possible in Texas to negotiate a premarital agreement with a specific provision to set, or even waive, alimony. All that's required is that the rest of the agreement be legal, which likely requires the assistance of a skilled attorney. A premarital (or prenuptial) agreement is valid and enforceable by the courts.

A spouse is awarded spousal maintenance because the other spouse has been convicted or received deferred adjudication for a family violence offense within two years before the filing of the divorce or while the divorce was pending, or. If the marriage lasted for at least 10 years but less than 20 years.

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Texas Affidavit by Attorney and Request for Order in Support of Motion to Punish Defendant for Contempt due to Failure to Pay Alimony or Spousal Support