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

State:
Texas
City:
Frisco
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

A motion to enforce in Texas is a legal request made to ensure compliance with a court order. This type of motion is often filed when a party does not follow the rules set forth by the court, such as in cases of spousal maintenance. The motion seeks to compel the non-compliant party to adhere to the original order, thereby protecting the rights of the affected spouse. If you find yourself in need of such legal assistance, consider using US Legal Forms to simplify the process.

If a motion to compel is ignored in Texas, the party who filed the motion may seek enforcement from the court. The court can impose sanctions or penalties on the non-compliant party. This can include fines or other disciplinary actions to encourage compliance. If you are facing this issue related to spousal maintenance in Frisco, it is advisable to consult with a legal expert to understand your next steps.

When one parent does not follow a court order in Texas, it can potentially lead to legal repercussions. The affected parent may file a motion for contempt, which can prompt the court to enforce compliance. This is especially relevant in scenarios involving spousal maintenance or custody arrangements. Utilizing resources like US Legal Forms can help you navigate these situations effectively and ensure your rights are protected.

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.

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.

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.

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.

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.

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