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

State:
Texas
City:
Arlington
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

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.

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.

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.

Chapter 8 of the Texas Family Code includes some payment duration ceilings. Spousal maintenance awards cannot exceed: Sixty months if the marriage lasted at least 10 years. Eighty-four months if the marriage lasted between 20 and 30 years.

For example, under the Family Law Act and the Family Responsibility and Support Arrears Enforcement Act a support payor can be arrested and brought before the court if the court reasonably believes that the payor is leaving Ontario to avoid their support or other responsibilities under the Act.

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.

Failure to pay court-ordered alimony is serious, and if your ex is found guilty of violating a court order to pay, a judge has a variety of ways to force compliance, including an income withholding order (automatic deduction from your paycheck), fines, attorney fees, or a jail sentence.

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.

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