Enforcing Court Orders in North Texas: Protecting Your Rights and Your Children

When a divorce is finalized or a suit affecting the parent-child relationship (SAPCR) concludes, the resulting court order is not a suggestion, it is the law. Whether the order pertains to child support, visitation schedules, or the division of property, both parties are legally obligated to follow every provision.

Unfortunately, it is common for one party to ignore their responsibilities, leaving the other in a difficult emotional and financial position. At the law office of Russell A. Pelley, PC, we understand the frustration that comes when a former spouse or co-parent refuses to follow the rules. We provide aggressive, strategic representation to help you hold the opposing party accountable and restore the order your family deserves.

In Texas, a Motion for Enforcement is the legal mechanism used to ask a judge to penalize someone for violating a court order. If the court finds that the order was violated, it has several tools at its disposal to ensure future compliance and punish past disobedience.

Enforcements are most commonly sought for:

• Child Support: Failure to pay the full amount on time.
• Possession and Access: Denying court-ordered visitation or failing to return the child at the designated time.
• Property Division: Refusing to sign over titles, divide retirement accounts, or deliver assets as ordered in a divorce decree.‍
• Spousal Maintenance: Non-payment of court-ordered alimony.

One of the primary goals of an enforcement action is to have the court find the violating party in contempt. Contempt of court is a serious legal finding that carries significant consequences. In Texas, there are two types of contempt:

1. Civil Contempt: While various enforcement methods exist, civil contempt is designed to "coerce" compliance. For example, if a parent owes $5,000 in back child support, a judge may order them to jail until they pay a specific "purge" amount to be released.
2. Criminal Contempt: This is designed to punish the violator for past acts of disobedience. The judge can order a fine and/or a specific jail sentence (up to six months per violation) regardless of whether the person eventually complies.

When you work with Russell A. "Chip" Pelley, we meticulously document every instance of non-compliance to build a case for contempt. By presenting clear, admissible evidence of the violations, we maximize the likelihood that the court will take decisive action.

Financial stability is essential for raising a child. When child support isn't paid, it puts an unfair burden on the custodial parent. Under the Texas Family Code, the court has powerful remedies for unpaid support, including:

• Money Judgments: The court can calculate the total "arrearage" (unpaid support plus interest) and issue a judgment that can be collected through various means.
• Wage Withholding: Updating or implementing an order to have support taken directly from the obligor’s paycheck.
• License Suspension: The state can suspend driver’s licenses, professional licenses, and even hunting/fishing licenses for those who are significantly behind on support.

Liens: Placing a lien on the violator's non-exempt property.

Nothing is more distressing than being denied time with your child. If the other parent is "gatekeeping," "withholding," or constantly showing up late, you have the right to seek enforcement.

In visitation enforcement cases, Texas judges often grant "Make-Up Time." This allows the parent who was denied access to receive additional time with the child to compensate for the missed visits. Our office focuses on the "Best Interest of the Child" standard while ensuring your parental rights are respected and restored.

To successfully enforce an order, the original language must be "clear, specific, and unambiguous." It must state exactly what was to be done, when it was to be done, and where it was to be done.

If your current order is too vague to be enforced, a Motion to Clarify may need to be filed alongside the enforcement. This "tightens up" the language of the order so the violator can no longer hide behind excuses or misunderstandings. Chip Pelley’s three decades of experience in North Texas courts allow him to identify these loopholes quickly and close them effectively.

One of the most common questions clients ask is: "Why should I have to pay a lawyer to make them do what they were already told to do?"

Under Texas law, if the court finds that a party has failed to pay child support or violated a possession order, the judge is generally required to order the violator to pay the other party’s reasonable attorney’s fees and court costs. While this is at the judge’s discretion in some other types of enforcement, our goal is always to shift the financial burden of the litigation back onto the person who caused the conflict.

Enforcement actions are highly technical. The Texas Family Code and the Rules of Civil Procedure require specific notice and "quasi-criminal" protections for the person being sued. A simple mistake in the filing can lead to a case being dismissed.

• Decades of Experience: Chip Pelley has spent over 30 years navigating the courtrooms of Sherman, Plano, and surrounding North Texas counties.
• Direct Attorney Involvement: You aren't just a file number. You work directly with Chip to ensure your story is told and your goals are met.

Aggressive Advocacy: We do not shy away from the courtroom. If the opposing party refuses to cooperate, we are prepared to take the matter before a judge to secure justice.

Don't let a court order become a "worthless piece of paper." If you are dealing with a co-parent or former spouse who thinks the rules don't apply to them, it's time to take action.

Contact the law office of Russell A. Pelley, PC today to schedule a free, confidential consultation. Let us help you regain control of your life and ensure the best interests of your family are protected.