College Station Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance

State:
Texas
City:
College Station
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

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 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.

12 Ways You Can Avoid Spousal Support in Canada Good Settlement Agreement.Maintain Your Standard of Living.End Your Marriage Quickly.Prove Your Spouse's Adultery.Prove That Your Spouse Doesn't Need Any Financial Support.Prove a Previous Agreement.Contributing to the Depletion of Assets.Prove Financial Hardship.

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.

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.

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 alimony is unpaid, the owed debt is known as alimony arrears. Arrears can be collected via mediation, small claims court, or wage garnishment. Failure to comply with a court-issued spousal support order may also result in a contempt of court charge against the spouse who failed to pay owed alimony.

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College Station Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance