Tyler Enforcement Attorney
When a Court enters an order in a divorce or child custody case, whether it is temporary orders, a final decree of divorce or an order in suit affecting the parent-child relationship, the Court’s order sets forth what is expected of the parties. If a party fails to follow the Court’s order in certain circumstances that failure may give rise to the other party filing a Motion for Enforcement. I represent clients seeking enforcement of a Court order as well as clients who have been served with a Motion for Enforcement.
Enforcement of Temporary Orders
In a divorce, child custody, or modification of child custody or child support case, the Court may enter Temporary Orders, which will remain in place until a final order is entered by the Court. If a party fails to abide by the Temporary Orders then the remedy may be filing a Motion for Enforcement. A Motion for Enforcement of Temporary Orders serves several purposes. It brings to the attention of the Court that a party is not following the Court’s order. In some circumstances it allows the Court to hold the party disobeying the order in contempt, civilly and sometimes criminally. It can also deter future violations of the Court order. Temporary Orders set forth orders regarding child support, possession, and temporary orders regarding property in a divorce. If a party fails to follow these orders, whether it be failing to pay child support, failing to allow possession of the children as ordered, or failing to follow orders regarding a temporary award of property, then a Motion for Enforcement may be filed.
Enforcement of Final Decree of Divorce or Final Order in Suit Affecting Parent-Child Relationship
A divorce is finalized either by agreement of the parties or decision by the Judge after a final trial. Either way you will have a Final Decree of Divorce which sets forth the agreements or Judge’s orders. Child Custody orders in a Final Decree of Divorce and property orders in a Final Decree of Divorce may be enforced if a party fails to follow the orders after they are signed and entered by the Court. For example, once a Final Decree of Divorce is entered if children are involved the order will typically require one party to pay child support each month. If a party fails to pay the correct amount of child support each month or fails to pay at all, then a Motion for Enforcement should be filed. A Court may enforce orders regarding child support, medical support, possession of the children, injunctions and division of property. In seeking an enforcement, depending on the specific facts and circumstances there can be both civil and criminal contempt available, such as fines, jail time, and an award of attorney fees to the successful party.
If you are dealing with an ex-spouse who is refusing to follow the Final Decree of Divorce whether it is regarding the children, property division or perhaps payment of spousal support, call me today so we can discuss your case and determine if an enforcement is necessary. If you have Court orders regarding your child and the other parent is refusing to pay child support, follow the visitation schedule, or perhaps violating an injunction that was part of the Court order, call me today so can discuss the facts of your case and determine the best next step. I understand that you are likely frustrated with your ex-spouse or the other parent and can provide compassionate yet aggressive representation.