Abilene Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance

State:
Texas
City:
Abilene
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

To hold someone in contempt of court in Texas, you must file a motion seeking an order of contempt in the appropriate court. This motion should demonstrate that the individual has failed to comply with a previous court order, such as a spousal maintenance order. After filing, the court will schedule a hearing where you can present evidence and witness testimony. If the court finds the person in contempt, it can impose penalties, which may include fines or jail time.

Not obeying a summons would only result in the alimony being increased, either in amount or duration. But if the husband or wife refuses to pay the alimony, they will be sent to jail, or they will be given an ultimatum by which time they have to pay all that they have missed.

A judgment summons. With a judgment summons the debtor could be sent to prison if they do not pay the amount that is owed to you.

You can enforce a spousal maintenance order in several ways: filing a motion to enforce (which may also include a motion for contempt); asking the court to reduce the amount owed to a money judgment; or. getting a qualified domestic relations order, commonly known as a QDRO (starting September 1, 2021).

Enforcement of Spousal Maintenance Under Section 8.059 of the Texas Family Code, the court may enforce spousal maintenance orders with its contempt powers. Holding a party in contempt means the court may order fines or even jail time for failure to comply, according to Texas Government Code Sec. 21.002.

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.

Is Spousal Support Mandatory in Texas? No, spousal support is not mandatory in Texas. In the case of a divorce where a spouse is seeking spousal support, the judge will ensure that the situation meets the requirements laid out in Texas law in order to qualify for spousal support.

Spousal Support in Texas: Calculating the Amount The maximum amount of spousal maintenance that a court may order is 20% of the paying spouse's average monthly gross income, or $5,000.00 per month, whichever is less. Tex. Fam. Code § 8.055.

In each case, a judge must consider several factors to determine if spousal support should be paid, including: The financial means, needs and circumstances of both spouses; The length of time the spouses have lived together; The roles of each spouse during their marriage;

You can approach the court to enforce a violation of the maintenance order or agreement for periodic payments of spousal maintenance that the court approved. After reviewing your case, the court can enforce the terms of the order through the enforcement means available to the court.

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Abilene Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance