Whenever someone receives an order in a divorce case, that order has the power of the court behind it. If one of the spouses will not comply with the instructions in the court order, there are ways to enforce court orders so that the spouse follows the judge’s instructions. This is what is what is known as enforcement of court orders.
What Information Included in a Divorce Decree?
Generally, a divorce decree includes an abundance of information that explains the dissolution of the marriage, among other topics. Divorce decrees often go into detail on topics including the couple’s children, custody, visitation and child support specifics. Among this information, other common information is about the distribution of marital property. If everything is honored within the decree, there is no need to enforce court orders.
Why Would a Court Order need to be Enforced?
The whole reason for an enforcement of a court order is that a spouse is in some way, not complying with a term in the original divorce decree. Common things spouses do not adhere to is paying for child support or honoring visitation schedules. This may even include not returning the child as determined in the schedule outlined in the divorce decree.
What is a Motion for Contempt/Enforcement?
In Texas, the way a party is held responsible for not complying with a court order is by filing a Motion for Contempt or a Motion for Enforcement. Contempt simply means that there is a willfully disobeying of the order of the court when the spouse violating has the capacity to comply with the court’s order.
The motion for enforcement is essentially an extension from an existing case. Generally, this motion is filed with the same docket as the divorce. With that being the case, often it will be the same judge to handle the case from the original decree.
What happens after the Motion for Enforcement is Filed?
After the motion for enforcement has been filed, next, a hearing will be scheduled. The violating spouse will then need to be served with a notice identifying the date and time of the court hearing.
On the date of the hearing, the filing spouse will attempt to show that the other spouse violated a court order. This is done by presenting witnesses and evidence in some cases. At the hearings end, the judge then makes a decision on whether or not to hold the spouse in contempt and enforce court orders.
The judge will issue an order related to his or her findings. In making a ruling, the judge will make orders related to the findings in the hearing. This may include consequences that will be enforced in the event the violating spouse continues to not adhere to court orders.
What Happens if a Spouse is Found in Contempt of Court?
In the event a spouse is found in contempt of court, the judge can issue a punishment for not adhering to the original decree. If a judge is lenient, they may simply issue a warning if it is a first offense. Being issued fines or being ordered to pay attorney’s fees are not uncommon as well.
In some cases, the judge might award the filing spouse additional time with children that they lost due to the violating spouse’s noncompliance. Sometimes, the judge may even order jail time for the violating spouse if found in contempt of court.
Do I Need to Enforce Court Orders?
Whether you are seeking to get a non-compliant spouse to live up to a court order that was filed, or you are in violation of a court order, you need an attorney who knows how to best represent you in your situation. Please contact us so we may discuss your options.