When a judge issues a family court order related to child support, custody, or visitation, they expect all parties to comply. Frustratingly, many parents fail to meet the terms of the order despite the legal requirement to do so. This failure could result from an oversight, hardship, or simply a refusal to meet the terms set out by the judge.
If you find yourself in this situation, the team at Barton & Associates Attorneys at Law, PLLC, is here to help. There are tools at your disposal to encourage compliance with a court order.
What Types of Orders Will The Court Enforce
A judge has the power to enforce the terms of multiple court orders. These include the following:
- Child support
- Property division ordered in a divorce decree
- Alimony
- Visitation
Enforcement involves court-sponsored efforts to require a party to comply with the terms of an existing order. In other words, it involves a continuing effort to have a party meet the obligations they have had since the original family court order.
In order for the court to have enforcement power, the original order must have clear language that is specific and unambiguous. This is rarely an issue regarding child support or alimony, but it can come up with visitation issues.
Resolving Disputes Through Communication or Mediation
It is natural to assume that enforcement efforts always involve legal action, but you might be surprised to learn your attorney could help resolve the conflict amicably. In some cases, reaching out to the other party or their attorney is enough to secure their compliance. When this doesn’t work, relying on a third-party mediator might be enough to get the outcome you desire without the need for court intervention.
When that is not enough, you may have no choice but to file a motion for contempt. If the judge agrees the other party has not upheld their end of the agreement, they could use a number of enforcement tools against them. This can include:
- Fines
- Wage garnishment
- Order modification
- Property liens
- Attachment of lottery winnings
In serious cases, the court could even sentence the noncompliant party to jail. This is not a common outcome, as it can make it harder for that party to catch up on any missed payments.
Penalties for Failing to Comply with Texas Family Law Orders
Violators may be held in contempt of court, which can be classified as either civil or criminal. Civil contempt may involve fines, the payment of attorney’s fees, or even jail time until compliance is achieved, while criminal contempt could lead to jail sentences of up to six months. In addition to fines, the court may modify existing orders or take enforcement actions, such as garnishing wages or suspending the violator’s driver’s or professional licenses. For child support violations, non-compliance can result in jail time of up to 180 days per violation. In more severe cases, custody arrangements may be altered to protect the child’s best interests.
Talk to an Attorney About Enforcing Family Court Orders
If you find yourself in a position where a former spouse or co-parent refuses to meet their mandatory court-ordered obligations, you have the right to seek help. An attorney from our firm could assist you with securing the best possible outcome.
At Barton & Associates Attorneys at Law, PLLC, we will take every step necessary to ensure future compliance with the order. This could include negotiating with the other side or filing legal pleadings. Contact us right away to learn more about your options.
