Enforcing Spousal Support Orders in San Antonio: Securing the Financial Support You Are Owed

When a Texas court orders one spouse to pay spousal maintenance (commonly called alimony), it is a legally binding obligation. Unfortunately, some obligated spouses fail to make timely payments, pay only partially, or stop paying altogether, creating significant financial hardship. At Barton & Associates, Attorneys at Law, our experienced San Antonio post-divorce attorneys provide strong, effective legal representation for the enforcement of spousal support orders. We understand the stress and injustice of unpaid support and employ a full range of legal tools available under the Texas Family Code to hold non-paying spouses accountable, secure the payments you are owed, and bring financial stability back to your life.

Understanding Spousal Maintenance Enforcement in Texas

Spousal maintenance is not merely a informal agreement between ex-spouses; it is a court order with the full force of law. When payments are missed, the receiving spouse (the obligee) has the right to seek enforcement through the court that issued the original order. The goal of enforcement is not just to collect past-due amounts (arrearages), but also to ensure future compliance with the order. Our firm’s approach is strategic: we begin by clearly documenting the delinquency and then proceed with the most effective enforcement actions to compel payment.

Common Grounds for Enforcement Actions

Before initiating legal proceedings, we help clients gather evidence to establish a clear case of violation. Grounds for enforcement include:

• Complete Non-Payment: The obligor has stopped making any spousal maintenance payments.
• Chronic Late or Partial Payments: The obligor frequently pays late, pays less than the ordered amount, or uses inconsistent payment methods not specified in the order.
• Failure to Maintain Ordered Life Insurance: If the court order requires the paying spouse to maintain a life insurance policy to secure the support obligation, allowing that policy to lapse is also a violation.
• Refusal to Comply with Income Withholding: If the order includes an income withholding provision (similar to child support), and the obligor interferes with this process, it is grounds for enforcement.

Legal Tools and Remedies for Enforcement

Texas law provides powerful remedies to collect unpaid spousal maintenance. The attorneys at Barton & Associates are skilled in utilizing these tools, often in combination, to achieve results.

1. Motion for Enforcement (Hearing on Contempt)

One of the most potent legal actions is filing a Motion for Enforcement asking the court to hold the non-paying spouse in contempt of court. This is a serious proceeding because contempt can result in:

• Coercive Confinement (Jail Time): The court can jail the obligor for up to six months for each violation, with the confinement typically purged upon payment of a specified amount. This is a powerful incentive for payment.
• Fines: The court may impose fines.
• Attorney’s Fees: The court can order the non-compliant spouse to pay the attorney’s fees and court costs incurred by the receiving spouse in bringing the enforcement action.

To succeed on a contempt motion, we must prove the obligor had the ability to pay at the time the payments were due and willfully disobeyed the court order. We meticulously prepare evidence of income, assets, and the pattern of non-payment to meet this standard in Bexar County courts.

2. Wage Withholding (Income Deduction Order)

If not already in place, we can seek a court order for mandatory wage withholding. This order is served directly on the obligor’s employer, requiring them to deduct the spousal maintenance payment directly from the obligor’s paycheck, similar to child support. This is one of the most effective methods for ensuring regular, on-time payments for the future.

3. Judgment for Arrearages and Interest

Through enforcement proceedings, we obtain a money judgment for the total amount of past-due support (arrearages). Under Texas law, spousal maintenance arrearages accrue interest at an annual rate set by statute. This judgment can be enforced through mechanisms used for other civil judgments:

• Abstract of Judgment: Filing an abstract creates a lien on the obligor’s real property in Texas counties where it is filed, clouding the title to any real estate they own.
• Writ of Execution: This allows a local constable or sheriff to seize and sell the obligor’s non-exempt personal property (e.g., vehicles, other assets) to satisfy the judgment debt.
• Turnover Order: A court order compelling the obligor to turn over certain assets to a receiver or directly to the obligee to satisfy the judgment.
• Post-Judgment Discovery: We can subpoena the obligor to a deposition or demand production of financial records to locate hidden assets or income sources.

4. Suspension of Licenses

Texas law allows for the suspension of various state-issued licenses for non-payment of family support obligations, including driver’s licenses, professional licenses, and occupational licenses. This can be a highly effective motivator for an obligor who relies on driving or their professional credentials to work.

5. Reporting to Credit Bureaus

Unpaid spousal maintenance judgments can be reported to credit reporting agencies, negatively impacting the obligor’s credit score and ability to secure loans, which can also serve as a significant incentive to pay.

The Enforcement Process in San Antonio Courts

Our firm provides comprehensive guidance through every step of the enforcement process:

1. Documentation & Review: We begin by reviewing the original spousal maintenance order and meticulously documenting every missed or partial payment, creating a clear ledger of arrearages.
2. Demand Letter: Often, we start with a formal demand letter from our law firm, outlining the delinquency, the total owed, and the intent to pursue legal enforcement if not resolved immediately. This sometimes prompts payment without court action.
3. Filing the Motion: If the demand is ignored, we prepare and file the appropriate enforcement motion in the Bexar County court that retains jurisdiction.
4. Service & Hearing: The motion is served on the obligor, and a court hearing is scheduled. We prepare you for testimony and gather all necessary financial evidence.
5. Post-Hearing Enforcement: Once we obtain a judgment and enforcement orders, we take the necessary steps to execute them, whether that involves serving an income withholding order, filing an abstract of judgment, or working with the sheriff’s department.

Defenses Against Enforcement and How We Counter Them

An obligor facing enforcement may raise certain defenses. Our attorneys are prepared to counter common claims, such as:

• Inability to Pay: The obligor claims they lack the financial resources. We counter by investigating their true income and assets, including underreported income, cash employment, or gifts.
• Agreement to Modify: The obligor claims you had a verbal agreement to reduce or stop payments. In Texas, spousal maintenance orders can only be modified by a written court order. A private agreement is not a defense to enforcement.
• Challenge to Original Order: They may challenge the validity of the original order. This is generally not a defense in an enforcement proceeding, which focuses on violation of an existing order.

Why Timely Action is Critical in Enforcement Matters

Delaying enforcement action can have serious consequences:

• Accumulating Arrearages: The debt grows larger with each missed payment and accrues interest.
• Loss of Evidence: Financial records and witness memories fade over time.
• Statute of Limitations: While Texas has a long statute of limitations for enforcing spousal maintenance arrearages (10 years from the date each payment became due), delay still risks complicating collection.
• Financial Hardship: You should not have to bear the burden of another’s refusal to obey a court order.

Taking prompt legal action demonstrates that you are serious about your rights and often leads to a faster resolution.

Contact Our San Antonio Spousal Support Enforcement Attorneys

If your former spouse is not complying with a court-ordered spousal maintenance obligation, you have legal rights and powerful remedies. The enforcement attorneys at Barton & Associates, Attorneys at Law, are committed to aggressively pursuing what you are owed. We combine legal expertise with a relentless approach to collection, giving you the best chance to recover past-due support and secure reliable future payments.

Schedule a confidential consultation to discuss your specific situation and develop a strategy for enforcement. Call our office today at 210-500-0000 or complete our online consultation form. We serve clients throughout San Antonio, Austin and Corpus Christi, Texas.

Main Category: Family Law
Practice Area Category: Post-Divorce
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000