Enforcement of Family Court Orders in Corpus Christi

When Court Orders Are Ignored, We Help You Enforce Your Rights

A court order is not a suggestion. Whether it is a custody schedule, a child support obligation, a property division provision, or a spousal maintenance requirement, the orders in your divorce decree carry the full authority of the law. When your ex-spouse ignores those orders, they are not just being difficult—they are violating a court order with serious legal consequences.

At Barton & Associates, Attorneys at Law, we help families throughout the Coastal Bend enforce their court orders and hold noncompliant spouses accountable. If your ex-spouse is denying you visitation, refusing to pay support, or violating any other provision of your decree, we have the tools and experience to help you enforce your rights.

As your trusted Family Law Corpus Christi resource, we understand the frustration and financial hardship that result when court orders are ignored. We are here to help you use the legal remedies available in Texas to enforce your decree and protect your family.

What Is Enforcement of Family Court Orders?

Enforcement is the legal process of compelling a party to comply with a court order or holding them accountable for past violations. When your ex-spouse fails to follow the terms of your divorce decree, you have the right to ask the court to enforce its orders.

Enforcement actions can address violations of:

• Child custody and parenting plan orders

• Child support orders

• Spousal maintenance orders

• Property division orders

• Orders regarding health insurance, life insurance, or other financial obligations

• Any other provision of your divorce decree or subsequent orders

The goal of enforcement is twofold: to obtain compliance with the order and to remedy the harm caused by past violations.

Why Enforcement Matters

When a court order is violated, the harm goes beyond the immediate impact of the violation.

Harm to Children

When a parent violates a custody or visitation order, children suffer. They miss time with the parent they love, their sense of stability is shaken, and they may feel caught in the middle of parental conflict. Enforcement protects children by ensuring both parents respect the court-ordered parenting plan.

Financial Harm

When a parent fails to pay child support or spousal maintenance, the financial consequences can be severe. Bills go unpaid, savings are depleted, and financial security is threatened. Enforcement recovers past-due support and ensures future payments are made.

Undermining of Court Authority

When court orders are violated without consequence, the authority of the court is undermined. Enforcement reaffirms that court orders must be taken seriously.

Ongoing Conflict

Unaddressed violations often lead to more violations. A parent who denies visitation once may do so repeatedly if there are no consequences. Enforcement stops the pattern.

Common Types of Family Court Order Violations

Understanding the types of violations that occur helps you recognize when enforcement is appropriate.

Parenting Plan Violations

Denial of Visitation
The most common parenting plan violation occurs when one parent refuses to allow the other parent to exercise their court-ordered possession time. This may be a one-time denial or an ongoing pattern.

Interference with Communication
Some parents interfere with the child’s communication with the other parent during their possession time—blocking phone calls, monitoring conversations, or discouraging contact.

Relocation Without Notice
When a parent moves without providing required notice, they violate both the decree and Texas law. This can significantly disrupt the child’s relationship with the other parent.

Withholding of Information
Parents have the right to access their child’s school, medical, and activity records. When one parent refuses to share information or provide access, they violate the decree.

Decision-Making Violations
When parents share decision-making authority, major decisions about education, healthcare, and activities must be made jointly. Making unilateral decisions violates the decree.

Child Support Violations

Failure to Pay
The most common child support violation is simply not paying—whether partially, inconsistently, or not at all.

Failure to Pay on Time
Even when payments are eventually made, consistent late payments can cause financial hardship and violate the decree.

Failure to Pay Court-Ordered Expenses
Many decrees require parents to share expenses for health insurance, medical care, childcare, or extracurricular activities. Failure to pay these additional amounts is a violation.

Failure to Maintain Insurance
If the decree requires a parent to maintain health or life insurance for the child’s benefit, failing to do so is a violation.

Spousal Support Violations

Nonpayment
Failure to pay court-ordered spousal support is a direct violation of the decree.

Late Payment
Consistent late payments, even if eventually made, violate the order and can cause financial hardship.

Property Division Violations

Failure to Transfer Assets
When a decree requires one party to transfer real estate, retirement accounts, vehicles, or other assets to the other, failing to do so is a violation.

Failure to Sign Documents
Many property divisions require the signing of deeds, transfer forms, or other documents. Refusal to sign violates the decree.

Failure to Make Equalization Payments
If the decree requires one party to make payments to equalize the property division, failing to pay is a violation.

Failure to Pay Debts
When a decree assigns responsibility for specific debts, failing to pay those debts—especially when the other party is pursued by creditors—is a violation.

The Legal Framework for Enforcement

Texas law provides several mechanisms for enforcing family court orders. Understanding these options helps you choose the most effective approach.

Contempt of Court

Contempt is the most powerful enforcement tool. When a court holds a party in contempt for violating an order, the penalties can include:

• Fines

• Attorney’s fee awards

• Jail time (for criminal contempt)

To succeed in a contempt action, you must prove:

• The court order was clear and specific

• The violating party knew about the order

• The violating party failed to comply

• The violating party had the ability to comply (for certain types of orders)

Confirmation of Arrearages

For financial violations, you can ask the court to confirm the amount of past-due support or payments. Once confirmed, the arrearage becomes a judgment that accrues interest and can be enforced through other collection methods.

Wage Withholding

For child support and spousal support, wage withholding is an effective tool to ensure future payments are made. The court can order the paying spouse’s employer to deduct payments directly from their paycheck.

Liens

A judgment for past-due support or other financial obligations can be secured by a lien against the violating party’s real or personal property.

License Suspension

The court may order suspension of a party’s driver’s license, professional license, or recreational licenses for failure to comply with court orders, particularly child support orders.

Execution on Property

A judgment can be enforced through execution—seizing and selling the violating party’s nonexempt property to satisfy the debt.

Make-Up Visitation

For parenting plan violations, the court may order make-up visitation time to compensate for denied possession.

Modification

In severe or repeated cases of parenting plan violations, the court may modify custody to protect the child and ensure stability.

The Enforcement Process in Nueces County

Enforcing a family court order requires following specific legal procedures. Here is what you can expect when working with Barton & Associates.

Step 1: Initial Consultation and Case Evaluation

We begin by reviewing your situation and your court orders. We will:

• Identify which provisions have been violated

• Gather documentation of the violations

• Calculate any financial amounts owed

• Evaluate which enforcement mechanisms are most appropriate

• Explain the likely timeline and costs

Step 2: Gathering Evidence

Successful enforcement requires evidence. We will help you gather:

• Copies of all relevant court orders

• Documentation of violations (missed payments, denied visitation, etc.)

• Records of communications about the violations

• Evidence of the other party’s ability to comply

• Any other relevant documentation

For parenting plan violations, keep a detailed journal documenting each missed visit, each instance of interference, and each communication about the issue.

Step 3: Demand Letter

In some cases, a formal demand letter from an attorney may prompt compliance without court involvement. The letter puts the other party on notice that you are prepared to pursue enforcement and outlines the consequences of continued noncompliance.

Step 4: Filing a Motion for Enforcement

If the demand letter does not produce results, we file a Motion for Enforcement with the Nueces County court that issued the original order. The motion must:

• Specifically identify the provisions allegedly violated

• Detail each violation with dates and specifics

• State the relief requested (contempt, judgment, wage withholding, etc.)

• Include a proposed order

Step 5: Service of Process

The violating party must be personally served with the motion and notice of the enforcement hearing. Proper service is essential to the court’s jurisdiction.

Step 6: Temporary Orders

In some cases, temporary orders may be appropriate while the enforcement case is pending. For example, you might seek temporary wage withholding or temporary make-up visitation.

Step 7: Discovery

Both parties may engage in discovery to gather information relevant to the enforcement action. This may include requests for financial documents, interrogatories, and depositions.

Step 8: Enforcement Hearing

At the enforcement hearing, both parties have the opportunity to present evidence. You will present your evidence of the violations. The violating party may present evidence in defense, such as:

• Claims that they complied

• Disputes about the interpretation of the order

• Evidence of inability to comply (to defeat contempt)

• Claims that the order was modified

Step 9: Court’s Ruling

If the court finds that the party violated the order, it may:

• Enter a judgment for any financial amounts owed, plus interest

• Order wage withholding

• Order make-up visitation

• Hold the violating party in contempt

• Impose fines or jail time for contempt

• Order the violating party to pay your attorney’s fees

• Modify custody in severe cases

Step 10: Post-Judgment Enforcement

If the violating party does not comply with the court’s enforcement order, additional collection efforts may be necessary, including liens, execution on property, or garnishment.

Defenses to Enforcement

Parties facing enforcement may raise various defenses. Understanding these defenses helps you anticipate and address them.

Ambiguity in the Order

If the order is unclear or ambiguous, the violating party may argue that they did not know what was required. This highlights the importance of clearly drafted orders.

Compliance

The most straightforward defense is that they actually complied. The violating party may present evidence that payments were made, visitation occurred, or other requirements were met.

Impossibility

To defeat contempt, the violating party must prove they were unable to comply. For financial violations, this requires evidence of their financial circumstances. For visitation violations, it might require evidence of illness, travel restrictions, or other factors that prevented compliance.

Waiver

If you consistently accepted late payments or allowed visitation deviations without objection, the court may find that you waived strict compliance.

Modification

If the parties informally agreed to different arrangements, the court may consider that, though informal modifications are generally not enforceable without court approval.

Statute of Limitations

Enforcement actions must be brought within certain time limits. The statute of limitations for enforcing a judgment for past-due support is ten years.

Defenses Not Available

Certain defenses are not available in enforcement actions.

Retaliation

The violating party cannot defend by claiming you did something wrong first. If they denied visitation because you were late with child support, they are still in violation. The remedy for your violation is a separate enforcement action.

Disagreement with the Order

The violating party cannot refuse to comply because they disagree with the order or believe it was unfair. Until modified, the order must be followed.

Financial Hardship Alone

While inability to pay may defeat contempt, it does not erase the underlying obligation. A judgment can still be entered for amounts owed, and collection efforts can proceed when the party has assets or income.

The Importance of Prompt Action

When court orders are violated, prompt action is essential.

Preventing Further Harm

The longer violations continue, the more harm they cause. Prompt enforcement stops the bleeding.

Preserving Evidence

Evidence of violations is fresher and easier to gather promptly. Memories fade, documents get lost, and patterns become harder to prove over time.

Avoiding Waiver Arguments

Delay in enforcing your rights can lead to arguments that you waived strict compliance. Courts may be less sympathetic if you tolerated violations for extended periods.

Demonstrating Urgency

Courts take enforcement actions more seriously when the moving party has acted promptly. Delay can suggest the violations were not critical.

Why Choose Barton & Associates for Enforcement Actions?

Enforcing family court orders requires knowledge of Texas law, skill in presenting evidence, and familiarity with local courts. At Barton & Associates, we bring all three.

Deep Local Knowledge

We have spent decades practicing in the Corpus Christi area. We know the local judges, their procedures, and the evidence they find persuasive. This familiarity allows us to present your case effectively.

Experience with Enforcement Actions

Our attorneys have handled countless enforcement actions involving custody, child support, spousal support, and property division. We understand the legal standards, the evidentiary requirements, and the strategies that lead to successful outcomes.

Skill in Collection

Collecting on a judgment is often the hardest part. We have experience using all available collection tools—wage withholding, liens, execution—to recover what you are owed.

Respected in the Legal Community

Our reputation matters. When we appear in court, judges and opposing counsel know that we are prepared, ethical, and committed to our clients.

Commitment to Your Rights

When your ex-spouse ignores court orders, your rights and your family’s stability are at stake. We treat your case with the urgency it deserves and work diligently to enforce your orders.

Frequently Asked Questions About Enforcement of Family Court Orders

When considering enforcement, clients in the Coastal Bend often have the same critical questions. Here are the answers you are searching for.

1. What can I do if my ex-spouse is not following our custody order?

You can file a motion for enforcement with the court. The court may order make-up visitation, hold the violating party in contempt, and in severe cases, modify custody. Document each violation and contact an attorney promptly.

2. How do I enforce child support when my ex-spouse stops paying?

You can file a motion for enforcement seeking a judgment for past-due support, wage withholding, and contempt. The Texas Attorney General’s Child Support Division can also assist, but private enforcement through your own attorney is often faster and more effective.

3. Can my ex-spouse go to jail for violating court orders?

Yes, in severe cases. If the court finds the party in contempt for willfully violating a clear court order despite having the ability to comply, jail time is possible. However, courts often use other remedies first and reserve jail for the most egregious cases.

4. What is the difference between civil and criminal contempt?

Civil contempt is designed to coerce compliance—the violating party can “purge” the contempt by complying with the order. Criminal contempt punishes past violations and may result in fixed jail time. Both are possible in enforcement actions.

5. How far back can I collect past-due child support?

The statute of limitations for enforcing a judgment for past-due child support is ten years. However, some courts may limit enforcement to arrearages that accrued within a certain period. Prompt action is advisable.

6. Does interest accrue on unpaid child support?

Yes. Past-due child support accrues interest at the statutory rate of six percent per year, compounded annually. Interest begins to accrue on the date each payment was due.

7. Can I get my attorney’s fees paid by my ex-spouse?

Yes. In enforcement actions, the court may order the noncompliant party to pay the other party’s reasonable attorney’s fees. This is particularly common when the party is found in contempt.

8. What if my ex-spouse claims they cannot afford to pay?

If they claim inability to pay, they must provide evidence of their financial circumstances. If they genuinely cannot pay, contempt may not be appropriate, but the court can still enter a judgment for the arrearage that can be collected later.

9. Can I enforce an out-of-state custody order in Texas?

Yes. Under the Uniform Child Custody Jurisdiction and Enforcement Act, you can register and enforce custody orders from other states in Texas courts.

10. How long does an enforcement action take?

The timeline varies depending on whether the case is contested and the court’s docket. Simple, uncontested enforcement actions can be resolved in a few months. Contested cases take longer.

Preparing for Your Enforcement Action

If you are considering enforcement, take these steps to prepare.

Document Everything

Keep a detailed record of all violations, including dates, times, and specific circumstances. Save all communications—texts, emails, voicemails—related to the violations.

Gather Your Orders

Locate copies of all relevant court orders, including the original divorce decree and any modifications.

Calculate What Is Owed

For financial violations, calculate the total amount owed, including interest.

Do Not Retaliate

Do not respond to violations by violating other provisions of the order. Stay focused on the legal process.

Contact an Attorney Promptly

The sooner you seek legal guidance, the sooner you can stop the violations and enforce your rights.

Take Action to Enforce Your Rights. Contact Barton & Associates Today.

When your ex-spouse ignores court orders, your family’s stability and your financial security are at risk. You have legal rights, and Texas law provides powerful tools to enforce them. But those tools only work if you use them.

At Barton & Associates, we have the experience, local knowledge, and commitment to help you enforce your family court orders and hold noncompliant parties accountable.

Call our office today at 361-800-6780 to schedule a confidential consultation. You can also complete the online Free Consultation form on our website, and a member of our team will reach out to you promptly.

On-site Consultations are by appointment only. We look forward to meeting you and helping you protect your rights and your family.

Main Category: Family Law Corpus Christi
Practice Area Category: Post-Divorce
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780