Enforcement of Orders Attorney in Friendswood, TX
Texas family courts don’t take violations of court orders lightly. If your ex has failed to follow the terms of a divorce decree or you were recently accused of doing so, you can rely on the legal services of a Friendswood enforcement of orders lawyer. An attorney who understands how to handle enforcement of orders cases can represent you in court and take steps to protect your rights and achieve your goals.
Choose The Law Offices of Tad Nelson & Associates
After spending considerable time and resources on your divorce, you have every right to expect your ex to hold up their end of the bargain. The Law Offices of Tad Nelson & Associates understands how to hold your former spouse to the terms of your divorce decree. Whether you are seeking enforcement for violations of a court order or need representation after being accused of violating a court order, our skilled family lawyers have the experience and knowledge you need.
Setting our law firm apart is our focus on providing personalized legal services. We understand that no two cases are the same, and we customize our legal strategies to reflect the circumstances of your case. When you work with our law firm, you partner with a legal team that understands how high the stakes are in an enforcement case and is prepared to handle your case with precision and care.
Must-Know Enforcement-Related Statistics
One of the most common reasons a parent files a motion for enforcement is for matters tied to child support. In Texas, the state collected and distributed over $3.9 billion in child support from August 2021 to August 2022.
To ensure compliance, child support is primarily collected through direct wage withholdings. Around 80% of all child support payments are collected this way. The courts can also order withholdings as an enforcement tool for parents who have fallen significantly behind in payments.
Court data further underscores how common support-related disputes are. Family law cases made up roughly 44% of all court filings, and among those, Title IV-D child support cases accounted for 31% of those family court cases.
Violations of custody rights are another common reason a parent may return to court. When one parent fails to bring their child to an exchange or violates other terms of the parenting plan, the courts may become involved.
The division of marital estates can also lead to enforcement actions. If one spouse refuses to comply with a property division order, such as transferring a vehicle title, signing over a deed, or distributing retirement funds, the other party may seek a court order to enforce the division. Violators of any court order could face penalties and orders to pay their ex’s attorney’s fees.
Common Family Law Orders That Can Be Enforced
There are multiple areas of a divorce that can be enforced once a court order is signed. Child support orders are one such example. Once a judge orders one spouse to make regular support payments for their child, they have a responsibility to fulfill those orders. If they fall behind, the Attorney General’s office or the family court that has jurisdiction over the case can take enforcement actions to compel the parent to make up past missed payments.
Spousal support can similarly be enforced. If one spouse fails to make timely spousal support payments, they can be called before the court and held accountable for those missed payments.
Violations of custody orders are another common reason parents in Friendswood return to court to enforce their rights. The court may impose consequences on the non-compliant parent, including makeup time, fines, or even modifications to the custody arrangement if there are repeated violations.
What To Expect During an Enforcement Hearing?
Enforcement hearings are formal court proceedings where one party asks the judge to enforce a prior order, such as child support, child custody, or spousal maintenance. The petitioner (movant) has the right to seek relief from the courts when their ex fails to comply with court-ordered obligations. The party requesting enforcement must show that a valid court order exists and that the other party has willfully violated that order.
Early on in the process, the other party must be notified and given the opportunity to secure legal representation. At the hearing, both parties can present evidence and testimony. Supporting evidence can include payment records, communication logs, witness statements, and other forms of evidence. The respondent can explain why they are behind on payments, which could influence the outcome of the case.
The judge then decides whether a court order has been violated and whether the accused party had the ability to follow the order but chose not to. If the judge finds the respondent to be in contempt, they can impose consequences such as wage garnishment, fines, and potentially confinement in jail.
Wage garnishment is a common remedy for someone found to be in arrears and can be ordered by the court and imposed directly on the respondent’s employer.
Why You Should Hire an Enforcement of Orders Lawyer in Friendswood, TX?
Whether you are seeking enforcement of current court orders or fighting an enforcement effort, the decision to hire an enforcement of orders lawyer is a critical step that ensures your rights are protected throughout the process and your child’s interests are taken seriously by the courts.
The process of enforcing a court order can be complex and requires evidence of missed payments. If your ex has failed to follow the terms of a court order, a Friendswood enforcement of orders attorney can represent you in court and present evidence showing that your former partner has fallen behind on payments.
Anyone facing enforcement orders could face wage garnishment, confinement in jail, and other serious punishments. By working with an attorney who understands enforcement of orders laws, you can greatly reduce the chances that you face serious consequences that could affect your freedom and livelihood.
FAQs About Enforcement of Orders
What Legal Options Are Available to Enforce a Divorce Decree in Texas?
Legal options available to enforce a divorce decree in Texas include the ability to file a motion to enforce. Once a hearing is set, a judge may take steps to enforce the order and potentially order that your ex pay your legal fees. If they are found in contempt, they may face potentially serious punishments, including confinement in jail. Enforcement actions protect the integrity of the court and your rights.
How Can a Parent Enforce a Child Support Order in Friendswood?
To enforce a child support order, a parent can file a motion with the court requesting enforcement. Since the focus of a child support order is on payments, the judge may consider remedies like wage garnishment. Judges have the authority to take actions that can include suspending your license and finding the accused in contempt of court. To ensure a favorable outcome to your enforcement order, you can work with an attorney to document the allegations.
What Happens if a Parent Violates a Visitation or Custody Order?
If a parent violates a custody or visitation order, they could face legal penalties, including findings of contempt, fines, or even changes to the parenting plan. Friendswood courts prioritize the child’s best interests in these matters and expect both parents to follow the court-approved schedule.
You can build a strong case by documenting the violations and taking swift and decisive action by hiring an attorney who understands how to enforce your parenting rights and prevent further interference.
Can the Court Enforce Property Division Terms After a Divorce Is Final?
Yes, the court can enforce property division terms even after a divorce is final. If a spouse refuses to transfer assets, sell property, or pay awarded amounts, the court can intervene to ensure compliance with the court order. Friendswood judges can take actions that could include imposing fines or seizing assets. Noncompliance should be addressed quickly to prevent any financial loss on your part.
What Penalties Can Be Imposed for Failing to Follow a Court Order?
Failing to follow a court order can result in serious consequences, including fines, wage garnishment, license suspension, or confinement in jail if the party is found in contempt. In Friendswood, judges expect strict compliance with all orders, from custody to property division. Repeated violations can damage your credibility in court and lead to enforcement measures that can leave your wages garnished.
Work With a Friendswood Enforcement of Orders Lawyer Committed to Protecting Your Rights
When a court issues an order in a family law case, compliance isn’t optional. Whether you’re seeking enforcement or being accused of violating an existing order, having an experienced attorney on your side can greatly improve your chances of securing a favorable outcome in the enforcement hearing.
The Law Offices of Tad Nelson & Associates can guide you through the process so your rights are protected at every step. As a former Assistant Staff Judge Advocate in the U.S. Air Force, our family law attorney Amber Spurlock brings discipline and legal precision to every enforcement case. Her background and commitment to results help ensure your voice is heard and your interests are protected. Contact The Law Offices of Tad Nelson & Associates today to get started.