If you’ve resolved a family law concern through the court, such as child custody, child support, or another divorce term, only to have your ex ignore it, it can be extremely discouraging. You may feel powerless in the face of your ex’s blatant disregard for the law. The good news is that you have legal rights that are well worth protecting, and you also have options that you can explore with an experienced Austin family law order enforcement attorney.
Family Law Orders Are Enforceable
Exploring all of your options is generally advised prior to filing a family law enforcement case. Such cases are typically reserved for very challenging situations. Enforcement through family court requires filing a lawsuit against the other party involved, usually your ex. The path forward is exacting and requires accurate and well-crafted pleadings that are best left in the capable hands of skilled Austin family law order enforcement lawyers.
Pursuing Enforcement
If your ex – or the other party involved – fails to comply with orders handed down by a Texas family law court, you can initiate enforcement proceedings designed to gain compliance. There are several basic steps involved.
Filing the Enforcement Motion
The first step in the process is filing a motion for enforcement, which should address all the following matters:
The provisions in the original order that were violated
A detailed account of the family law order violations in question
The specific relief that you seek
Any necessary notices, such as notice of the other party’s right to a hearing
Giving the Other Party Notice
Once you’ve filed the motion, the other party must be formally notified through service, which includes supplying your ex with all the following documents:
A copy of the original motion for enforcement
A citation that addresses the enforcement action
Notice of the scheduled hearing date
This step ensures that your ex is aware of your claim against him or her and allows time to prepare an adequate defense.
The Enforcement Hearing
Both you and your ex will need to attend the enforcement hearing before the family court. At that time, the judge will review the pleadings filed, hear both your and your ex’s testimony and arguments on the matter (which may include witness testimony), and make a final decision.
The Court’s Decision
After hearing each side’s case, the judge may require clarification on specific matters and request additional information. Ultimately, the judge will announce his or her decision, and if your ex is deemed to be in violation of a court order, the judge will outline the remedy or penalties imposed. These can include any of the following consequences:
Steep fines
Community service
Driver’s license suspension, such as for nonpayment of child support
Wage garnishment, such as for nonpayment of child support or alimony
A property lien to address money owed
Clarification or modification of the original order – if it is unclear or requires adjustment
Counseling or educational programs
Payment of the other party’s attorney fees
Allowance of lost visitation with the children – if the issue relates to parenting time
Jail time
The court will document its final decision in a formal order that ensures that you and your ex recognize and understand your responsibilities and any further actions you’re required to take. If your ex continues to thumb their nose at the court’s orders, it can lead to even harsher legal consequences.
The outcome of your case will be unique to the specific circumstances involved, and a variety of factors can play a role. For example, the nature of the violation in question, the details included in the original order, and any past noncompliance can all affect the resolution of your case.
Taking a Less Litigious Approach
Before proceeding directly to court, you can address the matter of family law order enforcement between yourselves. Explaining to your ex that you’ll have to take the matter to court if they refuse to adhere to the orders that are already in place may be all it takes to motivate him or her into compliance. A letter from an Austin family law order modification lawyer may also do the trick.
In the end, the court requires compliance, and your ex likely recognizes this fact. Sometimes, a gentle but firm nudge in the right direction can be all the intervention that’s necessary. There is also the option of mediation.
At mediation, you, your ex, and both of your attorneys will meet with a professional mediator who fills the role of a neutral third party. Mediators listen to both sides, and if they determine that a party isn’t in compliance with court orders, they will help him or her see the wrong – along with helping you and your ex better understand how the court is likely to rule on the matter. Mediation can prove especially effective for family law concerns, and many judges require it prior to court.
The Division of Marital Property
In a Texas divorce, the marital assets, which are those properties that you and your spouse acquired while you were married, must be divided between you in a manner that’s considered fair upon divorce. Separate properties refer to those assets that either spouse owned prior to the marriage, and they remain the sole property of the original owner – as long as they were kept separate throughout the marriage.
There is a lot of room for complications to arise when it comes to the division of marital assets, and this divorce term tends to become contentious. The court takes an array of factors into consideration when making these important financial determinations. While the court does hand down orders regarding property division, it doesn’t do the actual dividing of property.
There can be a considerable amount of work involved with property division, and it generally requires the cooperation of both parties. If your ex refuses to sign where required or simply refuses to let you take possession of the assets that have been assigned to you, he or she can make it next to impossible to resolve the matter in accordance with the court order. The fair division of your marital property addresses your financial rights and should not be ignored. If your ex is thwarting your efforts to obtain what’s legally yours, contact a seasoned Austin family law order enforcement attorney for help.
Child Custody Arrangements
Your child custody arrangements are of primary concern because they address when your children are with you and when they’re with their other parent. Parenting time schedules are always predicated on the children’s best interests, and Texas courts generally interpret this to mean maximizing the amount of time the children are able to spend with each parent.
When one parent refuses to abide by the schedule handed down by the judge, it not only interferes with the other parent’s rights but also fails to uphold the children’s best interests.
Often, failure to comply with child custody arrangements involves failing to bring the children home according to the court-ordered schedule or failing to let the other parent have the children when scheduled. If your ex isn’t complying with the parenting time schedule you have in place, you shouldn’t wait to discuss the matter with a formidable family law order enforcement attorney. Your rights as a parent are too important to ignore.
Child Support
Child support represents the payor’s financial responsibility to supporting his or her children, and Texas courts have powerful tools at their disposal when it comes to ensuring that this financial responsibility is upheld. Too many parents who pay child support believe it benefits the recipient – who is often the primary custodial parent – and fail to recognize that it directly supports that parent’s ability to provide shared children with the food, shelter, clothing, and care they need.
If your ex isn’t paying child support in accordance with the law, swift action is advised. The longer the concern drags on, the more challenging it can be to obtain the full amount you are owed.
Alimony
Alimony, which is also called spousal maintenance, is only ordered when the divorce leaves one spouse financially disadvantaged while the other has the financial ability to help. If you have an alimony order in place, the money you receive is designed to help you better support yourself at a level that is more or less commensurate with the standard of living you achieved during your marriage.
If you can’t rely on your ex to make these court-ordered payments, it can interfere with your ability to support yourself, which is not only financially challenging but also anxiety producing.
The idea behind alimony is generally to provide the recipient with the support needed to become more financially independent through obtaining further education, job skills, or job training. Without the financial assistance afforded by alimony, achieving financial independence may not be possible.
Modifications
Even if your ex complies with the divorce orders that were originally handed down, the passage of time can lead to the need for a term modification. If you’ve experienced a material and substantial change in circumstances in relation to child support, child custody arrangements, or alimony, the court will consider your request for a modification.
Texas courts recognize that our lives are not static and that the terms originally issued may no longer make sense. While you and your ex can negotiate a modification between yourselves, you shouldn’t skip the final step of making it official with the court. Court orders remain in effect until they end, and if your ex changes his or her mind about the modification you negotiated between yourselves, you could find yourself on the wrong side of the law.
Child Custody Modifications
Common reasons for awarding child custody modifications include all the following situations:
A child who is considered mature and reasonable enough to weigh in shares his or her preference.
One parent’s work schedule changes considerably.
One parent moves a considerable distance away.
The children’s schedules change significantly, which can include having part-time jobs of their own.
The current parenting time schedule no longer supports the children’s best interests.
Child Support Modifications
Child support modifications are often predicated on changes like the following:
Either parent is earning considerably more or less than when the original orders were handed down.
One or more of the children have developed a special need in relation to their physical or mental health or education.
One or more of the children now live primarily with the parent who pays child support, which can affect the child support calculation.
It’s important to note that Texas courts don’t appreciate parents who artificially decrease their earning power or who quit their jobs simply to escape paying child support – or to decrease the amount owed. If you have a strong suspicion that your ex is up to some kind of funny business concerning child support, contact an Austin family law order enforcement attorney with the experience and legal skill to get to the bottom of the matter.
Don’t Wait to Consult with an Experienced Austin Family Law Order Enforcement Attorney
If your ex isn’t complying with the orders originally issued by the family law court, it can directly affect your parental and financial rights and may interfere with your children’s best interests. Brett Pritchard at The Law Office of Brett H. Pritchard in Austin is a savvy family law order enforcement lawyer who takes immense pride in his impressive ability to ensure that his clients’ family law orders are enforced in accordance with the law and their best interests. Our legal team recognizes the importance of your case and is standing by to help. We offer a free consultation for family law clients, so please don’t put off contacting us online or calling us at (254) 781-4222 for more information today.