Enforcement of Court Orders in Dallas

When one party named in a court order fails to abide by the order, several enforcement actions can be initiated. A “Motion for Contempt” or “Motion for Enforcement” can be filed by your divorce attorney. These motions may be necessary when one parent fails to pay the court-ordered child support or is violating some other facet of the parenting plan. 

Understanding the Motion for Enforcement Process

Under the Texas Family Code, a Motion for Enforcement must include, in “ordinary and concise language” the following information:

• The provision of the court order that was violated
• The manner of the alleged non-compliance (failure to pay child support, failure to adhere to the visitation plan, etc.)
• The relief requested
• Your signature, or the signature of your attorney

For a failure to pay court-ordered child support enforcements, the motion must also include:

• The amount owed, based on the court order, the amount paid to date, and the amount in arrears
• If Contempt of Court is requested, the filing must have the order attached, and the date of each violation, the amount paid (if any)
• May include a copy of child support payments from Title IV-D, the federal program to establish, enforce, collect, and distribute child support payments
• It may include a request that the parent pay overdue child support in a payment schedule approved by the court
• It may include a request that the other parent faces other penalties

Penalties for Contempt of Court in Divorce Cases 

After a court order, the parties must adhere to every aspect of the order, including parenting time, visitation, child support payments, and other responsibilities as outlined in the order. When one party fails to do so, that party may be facing contempt of court charges. The penalties imposed on the individual may include jail time up to six months. The length of jail time will reflect how frequently or severely the court order is violated.