Round Rock Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance

State:
Texas
City:
Round Rock
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



A Round Rock Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance is a legal request filed by an individual who is not receiving the court-ordered spousal maintenance from their former spouse. This motion aims to hold the non-paying spouse accountable for their failure to fulfill their financial obligations and seeks the court's intervention to enforce payment. Below are some relevant keywords and possible types of motions for this situation: Keywords: Round Rock Texas, Motion for Order of Contempt, Failure to Pay, Spousal Maintenance. 1. Temporary Motion for Order of Contempt for Failure to Pay Spousal Maintenance: This motion may be filed when the non-paying spouse fails to meet their spousal maintenance obligations while the divorce case is ongoing. 2. Final Motion for Order of Contempt for Failure to Pay Spousal Maintenance: This motion is applicable when the non-paying spouse fails to honor their spousal maintenance obligations after the divorce has been finalized. 3. Emergency Motion for Order of Contempt for Failure to Pay Spousal Maintenance: This type of motion may be filed when the non-paying spouse's failure to provide spousal maintenance puts the receiving spouse in a dire financial situation, requiring urgent court intervention. 4. Modification Motion for Order of Contempt for Failure to Pay Spousal Maintenance: If there has been a change in financial circumstances for either spouse, this motion can be filed to request a modification of the spousal maintenance order, accompanied by a motion for contempt if the non-paying spouse refuses to comply with the modified terms. 5. Motion for Order of Contempt for Failure to Pay Retroactive Spousal Maintenance: In cases where the non-paying spouse has accumulated unpaid spousal maintenance over time, this motion seeks not only current payments but also requests the reimbursement of past-due amounts. 6. Expedited Motion for Order of Contempt for Failure to Pay Spousal Maintenance: If the non-paying spouse continuously neglects their spousal maintenance obligations despite previous court orders, this motion can be filed to expedite the enforcement process. 7. Motion for Order of Contempt for Failure to Pay Temporary Spousal Maintenance: Temporary spousal maintenance may be awarded during the divorce proceedings. If the non-paying spouse fails to adhere to this temporary order, the receiving spouse can file this motion to enforce payment. It is important to note that the specific terminology and procedures for these motions may vary based on the jurisdiction and the individual circumstances of the case. Consulting with an experienced family law attorney in Round Rock, Texas, would provide accurate guidance for filing the appropriate motion.

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FAQ

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.

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.

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.

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.

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.

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.

More info

Child Support Services Outreach to Family Law Customers in the. Courthouse. Due (arrearage) child support payments to former recipients of public assistance.When filing a Motion for Contempt, each violation results in another "count" of contempt. Failure to work closely with an experienced Round Rock divorce attorney. A. If you ignore the order, the court will hold you in contempt. 13 (new) – Sets out the existing procedures for determining paternity and child support prior to issuance of a Final Restraining. What do I do if I'm served a citation for suit for modification of support order and motion to confirm support arrearage ? Custody and Divorce Hearings .

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Round Rock Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance