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
Title: College Station Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance Explained Description: A College Station Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance is a legal document filed by a divorcing party who is not receiving the court-ordered spousal maintenance or alimony payments as specified in the divorce decree. This detailed description will shed light on what this motion entails, its process, and the possible consequences for failing to comply with spousal maintenance obligations in College Station, Texas. Keywords: College Station Texas, Motion for Order of Contempt, Failure to Pay, Spousal Maintenance, Alimony, Divorce, Divorce Decree, Legal document. Types of College Station Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance: 1. Original Motion for Order of Contempt: This type of motion is filed by the receiving party to bring attention to the failure of the paying party to fulfill their spousal maintenance obligations as required by the divorce decree. The motion outlines the specific details of non-payment and requests the court to hold the non-compliant party in contempt. 2. Modified Motion for Order of Contempt: If the paying party has previously been held in contempt but continues to disregard their spousal maintenance obligations, the receiving party may file a modified motion for an order of contempt. This motion highlights the repeated non-compliance and requests stricter enforcement actions from the court. 3. Motion for Punishment for Contempt: In extreme cases where the non-paying party exhibits willful and intentional defiance of court-ordered spousal maintenance, the receiving party can file a motion for punishment for contempt. This type of motion seeks stronger punitive measures against the non-compliant party, such as fines, imprisonment, or other penalties. 4. Motion for Contempt Hearing: If the non-paying party disputes the claims made in the original motion for contempt, they can request a motion for contempt hearing. This gives the non-compliant party an opportunity to present evidence and defend their case before the court. 5. Motion to Modify or Terminate Spousal Maintenance: In certain situations, the paying party might experience a change in financial circumstances that genuinely impairs their ability to pay the court-ordered spousal maintenance. In such cases, they can file a motion to modify or terminate spousal maintenance, seeking a revision or elimination of the existing financial obligations. Please note that the specific types of motions and their availability may vary based on the guidelines set forth by the College Station, Texas family court system. It is crucial to consult with a knowledgeable family law attorney to understand the appropriate motions to file and the legal requirements involved in each case.
