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
In Harris County, Texas, a Motion for Order of Contempt for Failure to Pay Spousal Maintenance is a legal document filed by a spouse who is not receiving the court-ordered spousal maintenance or alimony payments from their ex-spouse. This motion seeks to hold the non-compliant party in contempt of court for violating their obligations and failing to meet their financial responsibilities. The purpose of the Motion for Order of Contempt for Failure to Pay Spousal Maintenance is to request the court's intervention and enforcement of the spousal support agreement. By filing this motion, the requesting party aims to compel the delinquent spouse to fulfill their payment obligations promptly and, if necessary, impose penalties or sanctions for their non-compliance. Some different types of Harris Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance may include: 1. Direct Contempt Motion: This motion is filed when the non-paying ex-spouse is willfully and intentionally avoiding their spousal maintenance payments despite having the ability to pay. The court may impose immediate penalties or sanctions, such as fines, wage garnishments, or even incarceration, to enforce compliance. 2. Indirect Contempt Motion: This type of motion is filed when the non-compliant ex-spouse claims an inability to pay spousal maintenance but does not provide sufficient evidence to support their claim. The requesting party asserts that the non-paying party has the means to meet their financial obligations and seeks enforcement through the court's intervention. 3. Motion for Modification of Spousal Maintenance: In some cases, a motion for modification may be filed instead of a contempt motion. This motion seeks to modify the existing spousal maintenance agreement due to a significant change in circumstances, such as a job loss, disability, or remarriage. If granted, the court will review and adjust the spousal maintenance order accordingly, ensuring fairness for both parties. It is essential to note that the specific procedures and requirements may vary in Harris County, Texas. Seeking legal advice from an experienced family law attorney is highly recommended ensuring the correct filing of a Motion for Order of Contempt for Failure to Pay Spousal Maintenance and to navigate the complexities of the legal process effectively.
