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

State:
Texas
City:
Houston
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 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.

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.

Failure to pay court-ordered alimony is serious, and if your ex is found guilty of violating a court order to pay, a judge has a variety of ways to force compliance, including an income withholding order (automatic deduction from your paycheck), fines, attorney fees, or a jail sentence.

For example, under the Family Law Act and the Family Responsibility and Support Arrears Enforcement Act a support payor can be arrested and brought before the court if the court reasonably believes that the payor is leaving Ontario to avoid their support or other responsibilities under the Act.

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.

The Guidelines also provides for the ?Rule of 65?, which states that if the years of marriage plus the age of the support recipient at the time of separation equals or exceeds 65, then spousal support may be paid indefinitely.

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 there is no end date or review date in your separation agreement or court order, spousal support is considered indefinite. Where that is the case, it is open to you and your former spouse to negotiate the issue of ending spousal support on your retirement.

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