Family court agreements are not just suggestions — they are legal orders that carry legal consequences when violated. When a divorce decree, child custody order or other family law agreement is violated by the other spouse, what is your recourse?
Types of Order Violations
There are many types of orders and ways that violations can occur, including:
• One party fails to turn over property as stipulated in a divorce decree.
• Custodial parent refuses to allow access to child during noncustodial parent’s designated visitation time.
• Noncustodial parent refuses to return child to custodial parent.
• Parent fails to pay child support, does not pay full amount, or pays late.
• Former spouse fails to pay alimony or “maintenance” payments.
When family court orders are violated, Ricardo N. Gonzalez & Associates can help you seek enforcement of orders in Houston, Texas.
Enforcement Actions
Having a court order enforced can require significant effort. It’s important to have an attorney who is experienced in with your local family court and can help you navigate the system correctly.
One of the most important steps will be to first review the decree that has been violated, whether a divorce settlement, child custody agreement, or child support order. To pursue an order of enforcement, it must be demonstrated that the terms of the agreement were clear and explicit, and in no way ambiguous as to what is required. If the language is clear, a request for enforcement can be filed with the court.
The consequences of violating a family court order can vary greatly. If the other party is found in contempt of the court order, the judge may order fines and even jail time. For example, failing to pay child support in Texas can result in fines of up to $500 a day and/or 180 days in jail. Nonpaying parents may find their wages garnished, federal income tax refunds intercepted, and liens filed against their property.
If you need help pursuing the enforcement of a divorce, child custody or child support order, the family attorneys at Ricardo N. Gonzalez & Associates can help. With more than three decades of experience in helping people across the Houston area, we strive to provide sincere, dedicated, personal service to each and every client. Call 713-429-1971 today or click here to contact us online.
