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 San Antonio Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance is a legal document filed by a recipient of court-ordered spousal maintenance, also known as alimony, in San Antonio, Texas. This motion is used when the paying party fails to comply with their financial obligation to provide regular payments for spousal support. Keywords: — San Antonio: Indicates the specific jurisdiction where the motion is being filed, indicating that it follows the laws and procedures of the San Antonio, Texas legal system. — Texas: Refers to the state in which San Antonio is located, highlighting that the motion aligns with state-specific laws and regulations. — Motion: Denotes a formal request made to the court for a specific action or ruling. — Order of Contempt: Points to an action seeking to hold the non-compliant party accountable for failing to meet their obligations. — Failure to Pay Spousal Maintenance: Describes the specific reason for filing the motion, indicating that the paying party has neglected their responsibility to provide regular spousal support payments. Different Types of San Antonio Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance: 1. Initial Motion for Order of Contempt: This motion is filed when the non-paying party first fails to fulfill their spousal maintenance obligation. It initiates the legal process seeking enforcement and possible penalties for non-compliance. 2. Motion for Order of Contempt with Requested Penalties: This motion includes a request for additional penalties to be imposed upon the non-paying party for their failure to fulfill their spousal maintenance obligations. These penalties could include fines, wage garnishment, or even potential imprisonment for contempt of court. 3. Motion for Modification of Contempt Order: If there are significant changes in circumstances on either side, such as a loss of income or financial hardship, this motion is filed to seek a modification to the existing contempt order. It aims to adjust the spousal maintenance payments according to the changed circumstances while still ensuring compliance. 4. Motion for Payment Arrangement or Garnishment: In situations where the paying party consistently fails to make spousal maintenance payments, this motion is filed to request a payment arrangement or wage garnishment. This alternative approach ensures regular payments are made directly from the payer's income source, reducing the likelihood of non-payment. It is important to note that these motions may have specific requirements or procedures outlined in the local San Antonio, Texas legal code. Therefore, it is advisable to consult an attorney familiar with family law in San Antonio to ensure accurate preparation and submission of the motion.
