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
Frisco Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance is a legal recourse that spouses in Frisco, Texas can seek if one party fails to fulfill their obligations of paying spousal maintenance as outlined in their divorce decree or court order. This motion becomes necessary when the paying spouse consistently or willfully refuses to make payments, causing financial distress to the receiving spouse. When filing a Frisco Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance, it is crucial to provide detailed documentation and evidence supporting the non-payment, establishing a clear pattern of non-compliance. This can include bank statements, payment records, communication logs, and any other relevant documents that demonstrate the non-paying party's failure to meet their financial responsibilities. Keywords: Frisco Texas, Motion for Order of Contempt, Failure to Pay, Spousal Maintenance, divorce decree, court order, legal recourse, paying spouse, receiving spouse, financial distress, filing, evidence, non-payment, non-compliance, documentation. Types of Frisco Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance: 1. Initial Motion — This type of motion is filed when the receiving spouse first discovers the failure of the paying spouse to fulfill their spousal maintenance obligations. It initiates the legal process to address the non-payment issue. 2. Modified Motion — If there has been a change in circumstances, such as a job loss or significant reduction in income, the receiving spouse can file a modified motion to request a modification of the spousal maintenance order, ensuring it reflects the current financial situation of both parties. 3. Enforcing Motion — In cases where the paying spouse has continuously ignored court orders or has repeatedly failed to make spousal maintenance payments, an enforcing motion can be filed to request legal action, such as wage garnishment or asset seizure, to compel compliance. 4. Contempt Motion — This type of motion is filed when the receiving spouse believes that the paying spouse's non-payment is willful and intentionally disregarding the court's order. A contempt motion seeks punitive measures, including fines or even jail time, to hold the non-compliant party accountable for their actions. Note: It is always advisable to consult with an experienced family attorney in Frisco, Texas, to navigate the legal complexities involved in filing a Frisco Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance.
