Enforcement

Why Enforcement Matters

Court orders issued during divorce or custody proceedings establish legally binding guidelines for child custody, support, visitation and the division of assets and debts. These directives are designed to provide stability and fairness for families in transition and to protect children’s best interests. When one party refuses to follow the order, the other may experience financial hardship, denied parenting time or loss of property. Noncompliance can lead to serious consequences, including fines, loss of certain rights or even jail time.

Types of Family Court Orders

1. Child custody and visitation orders – These define where a child lives, the visitation schedule for the other parent and other custody arrangements. Violations often involve denying parenting time or failing to return a child as scheduled.
   
   
2. Child support orders – These require the non‑custodial parent to pay a specific amount to support the child. Nonpayment can leave the custodial parent shouldering expenses alone.
   
   
3. Spousal maintenance and alimony orders – These direct one spouse to provide financial support to the other after divorce. Failure to pay may necessitate enforcement.
   
   
4. Property division orders – These allocate assets and debts after divorce. Violations include withholding assets or refusing to execute deeds or transfers.
   
   

Understanding which type of order has been violated helps determine the appropriate enforcement tools and which chapter of the Texas Family Code applies. Chapter 8 covers spousal maintenance, Chapter 9 addresses property division, and Chapter 157 governs possession, access and child support.

Common Enforcement Methods

Texas law provides numerous remedies to compel compliance when someone violates a family court order. The options vary by case and may include:

• Civil or criminal contempt – A judge can hold the violator in contempt, impose monetary fines or, in severe cases, order jail time. Civil contempt is designed to coerce future compliance, while criminal contempt punishes past disobedience.
  
  
• Wage garnishment – Child support and spousal maintenance payments can be withheld directly from the non‑paying parent’s paycheck. This ensures payments are made on time and in full.
  
  
• Liens and levies – The court may order liens on bank accounts, retirement plans or other property to secure payment of child support arrears or property division obligations. Levies against financial assets can also be used.
  
  
• License suspension – Chapter 232 of the Texas Family Code allows the Office of the Attorney General to request suspension of a driver’s license if a person is more than three months behind on child support. Other professional and recreational licenses may also be suspended.
  
  
• Make‑up visitation and parenting classes – When parenting time is wrongfully denied, the court can order additional visitation to compensate and may require counseling or parenting classes to address underlying issues.
  
  
• Fines, probation and community service – Judges can impose fines, place violators on community supervision or order community service for noncompliance.
  
  
• Attorney’s fees – The court often orders the violator to reimburse the attorney’s fees and costs incurred by the party seeking enforcement.
  
  

In many cases multiple remedies are used. For example, a parent who refuses to pay child support may face wage garnishment, driver’s license suspension and jail time. For property division violations, the court can enter a monetary judgment and attach liens to assets.

Filing a Motion to Enforce

Pursuing enforcement requires careful preparation. A motion for enforcement is a legal pleading that asks the court to compel the other party to comply with the order. It must:

• Reference the specific provisions of the order being violated.
  
  
• Detail every instance of noncompliance, including dates, times and how the order was breached.
  
  
• Request specific relief, such as payment of arrears, make‑up visitation, fines or jail time.
  
  
• Include required statutory notices, informing the respondent of their right to a hearing and potential penalties.
  
  

After filing, the motion must be served on the non‑compliant party. Service includes a copy of the motion, a citation and notice of the hearing date. Once served, both parties attend a hearing where each side presents evidence and testimony. The judge reviews the pleadings, hears arguments and determines whether violations occurred. If the court finds a violation, it can order remedies such as payment of arrears, make‑up visitation, attorney’s fees or confinement.

Enforcing Visitation Orders

Visitation enforcement requires special attention. Before asking the court for relief, ensure your visitation order is clear and specific about dates, times and exchange locations. Orders that simply say “by agreement of the parties” may not be enforceable. If the language is ambiguous, you may need to seek clarification or modification before filing enforcement.

When the other parent denies your parenting time, you must follow the order precisely. Show up at the correct location on the correct date and time, even if the other parent indicates they will not comply. Keep detailed records of each denial, including the date, location and witnesses or evidence of your presence. Texas law requires at least three documented violations to establish a pattern of denial and support a contempt finding.

Child Support Enforcement Options

Parents owed child support can seek enforcement through the Office of the Attorney General or by filing a private action. The OAG only assists with child support issues and cannot help enforce visitation or property division. In some cases, private actions may be quicker and allow you to address multiple violations at once. Relief in a child support enforcement action may include:

• Wage withholding to collect past due and ongoing payments.
  
  
• Suspension of driver’s and professional licenses.
  
  
• Liens on property, bank accounts and retirement plans.
  
  
• Money judgments for arrears, with the ability to levy financial assets.
  
  
• Contempt or community supervision – Non‑paying parents may be held in contempt, leading to jail time, or placed on community supervision with conditions such as paying back support, attending financial counseling or seeking employment.
  
  

Property Division and Spousal Maintenance Enforcement

Chapter 9 of the Texas Family Code allows parties to enforce property division orders when an ex‑spouse refuses to turn over assets or pay debts. Violations can include failing to sign over a deed, transfer a retirement account or pay a money judgment. Courts can enter further orders to effectuate the division, assess attorney’s fees and hold the violator in contempt.

For spousal maintenance or alimony, Chapter 8 provides enforcement mechanisms similar to child support. Courts can withhold wages, place liens on property, suspend licenses and hold non‑paying spouses in contempt.

Civil vs. Criminal Contempt

Texas distinguishes between civil and criminal contempt in family law cases. Civil contempt is a coercive measure intended to ensure future compliance with the order. The violator can avoid or end incarceration by complying with the order, hence the phrase “the contemnor holds the key to the jailhouse door”. Criminal contempt, by contrast, punishes past disobedience and vindicates the court’s authority. The sentence is for a fixed period, and the contemnor cannot shorten it by compliance.

Defending Against Enforcement Actions

Being served with an enforcement action is serious. A respondent has the right to present evidence showing compliance, explaining alleged violations or challenging the movant’s claims. Potential defenses include proving the order was ambiguous, demonstrating that violations were unintentional or excusable, or showing that the movant failed to meet procedural requirements. A respondent may also request clarification of the order instead of contempt if the order’s terms were unclear.

Local Considerations in Austin and Travis County

In Travis County and surrounding areas, enforcement actions are typically filed in the same court that issued the original order. Local procedures may require filing in the central docket or obtaining a hearing date through the family law clerk. Judges in Austin expect pleadings to be thorough and evidence to be well‑documented. Working with an attorney familiar with Travis County courts and practices can streamline the process and improve your chances of a successful outcome. Our firm appears regularly before local judges and understands the nuances of enforcing orders in Austin.

Taking the Next Step

If your ex‑spouse or co‑parent is ignoring court orders—or if you’ve been accused of noncompliance—don’t navigate enforcement alone. Experienced legal representation can help you secure the relief you need or defend against allegations of contempt. Our Austin‑based attorneys investigate each situation, collect evidence, prepare persuasive pleadings and advocate for your rights in court. We work to recover unpaid support, enforce visitation schedules, ensure property division is carried out and protect your reputation. Contact us today to schedule a consultation and learn how we can help you restore order and peace to your family’s life.

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