Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance
About this form
The Motion for Order of Contempt for Failure to Pay Spousal Maintenance is a legal document used in Texas to compel a spouse to adhere to a court order requiring them to pay spousal maintenance. This form is particularly important when a party has not fulfilled their financial obligations as outlined in a divorce decree. By filing this motion, the petitioner seeks enforcement of the court's order through potential penalties for noncompliance, distinguishing it from other forms of spousal maintenance requests that do not involve contempt proceedings.
What’s included in this form
- Identification of parties involved, including original petitioner and respondent.
- Reference to the date of the divorce decree and details of the judgment.
- Specific monthly payment amounts owed for spousal maintenance.
- Details of payment history and the arrears amount owed.
- Request for the court to compel the respondent to comply with the payment order.
Common use cases
This motion should be used when a spouse has failed to make court-ordered payments for spousal maintenance. It is appropriate in cases where the petitioner has made repeated attempts to collect the owed payments, yet the respondent continues to neglect their legal obligations. Filing this motion allows the court to address this failure and impose necessary consequences on the non-compliant party.
Intended users of this form
This form is intended for:
- Petitioners seeking enforcement of spousal maintenance orders.
- Individuals who have a final divorce decree that includes a spousal maintenance provision.
- Those who have not received due payments and wish to prompt the court's intervention.
How to complete this form
- Identify the parties involved by filling in the names of the original petitioner and respondent.
- Enter the date of the final divorce decree and attach a certified copy as Exhibit A.
- Specify the amount of spousal maintenance ordered by the court.
- Document the date the respondent stopped making payments and calculate the total arrears.
- Include the date of submission and provide your signature as the petitioner.
Notarization requirements for this form
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
Common mistakes to avoid
- Failing to attach a certified copy of the divorce decree.
- Not accurately calculating the total amount in arrears.
- Missing signatures or dates on the form.
- Not serving proper notice to the respondent or their attorney.
Why complete this form online
- Convenience of downloading and filling out the form at your own pace.
- Editability allows you to customize the form according to your specific circumstances.
- Access to reliable legal templates drafted by attorneys ensures compliance with state requirements.
Form popularity
FAQ
However, there is a prevailing view as well that spousal support creates a disincentive for a divorcee to return to gainful employment.In other words, Texas does not impose rules for eligibility, amount, duration, and enforcement of contractual alimony like it does for court ordered spousal maintenance.
Contempt: If your spouse has refused or failed to pay your alimony, a judge may find your spouse in contempt of the court. This approach usually means the judge will give an order for the spouse to pay the money owed to you and potentially add another fine for their refusal to pay.
Make lifestyle changes. Ask for an evaluation of your spouse's employability. Prove that your spouse does not need the money. Pay property taxes. End your marriage sooner.
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.
There is a valid court order in effect. The other person knows about the court order. The facts show a plain violation of the order. You have given the person notice of the contempt hearing and a chance to be heard. Contempt is an appropriate remedy for the violation.
If a person is found to be in contempt, the court is able to impose sanctions, which may include the following: jail time (usually 1-30 days) ordering the party held in contempt to pay the money owed. ordering the party held in contempt to pay the other party's attorney's fees.
Go to the clerk's office at the court that made the orders. Give the clerk your completed Motion for Contempt and Appearance forms. The clerk will write a hearing date and time on the motion, sign it, and give it back to you. The hearing date is when you and the other person must go to court.
Civil vs Criminal Contempt An action to essentially punish the person who does not comply with a court order is called a contempt action.A civil contempt action seeks to compel compliance with a court order before punishment occurs; a criminal contempt action can impose jail time for failure to obey.
