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

State:
Texas
City:
Mesquite
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

Preparing for a contempt hearing requires a thorough review of your case and the related court order. Gather all evidence of non-compliance, such as payment records and correspondence. Additionally, practice articulating your case clearly and concisely. Familiarizing yourself with court procedures can strengthen your position and enhance your confidence during the hearing.

Yes, you can file a Motion of contempt without a lawyer, but it requires careful attention to detail. Ensure you have a clear understanding of the existing court order and how the other party has failed to comply with it. Draft your motion clearly, articulating the violations, and file it with the appropriate court. Resources like uslegalforms can assist you in drafting the necessary documents accurately.

Filing contempt charges without a lawyer involves gathering necessary documents related to your existing court order. You will need to complete a motion for contempt, outlining how the other party failed to comply with the order. Once prepared, file the motion with the court that issued the original order. Make sure to follow all local rules to ensure that your filing is valid and to avoid delays.

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.

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.

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.

In each case, a judge must consider several factors to determine if spousal support should be paid, including: The financial means, needs and circumstances of both spouses; The length of time the spouses have lived together; The roles of each spouse during their marriage;

As mentioned above, the law in Texas does not provide for alimony as a right, although that does not mean that it is prohibited. While Texas has not codified the right to alimony for either spouse, it allows for parties to agree between themselves to include it as an agreed term in divorces.

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.

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