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

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.