In a family law case, reaching an agreeable settlement or getting the court to enter an order in your favor is only half the battle. Once a court order is in place regarding child custody and visitation, child support, alimony, or the division of property, the parties must follow the order. If one party fails to comply with the court's decree, it may be necessary to seek enforcement of the order.
Sometimes, a simple letter from an attorney is sufficient to remind the other party of their obligations. Often, unfortunately, further action is necessary, including forcing the other party to return to court to answer for their non-compliance before the judge.
At May and May, we are committed to serving our clients' interests both during and after the resolution of their family law matter. If an order needs to be enforced, we will take all necessary measures to ensure that our clients' rights are protected.
If your ex-spouse or co-parent has failed to follow through with their responsibilities under a court order or divorce decree, you have a number of options. You could communicate with them directly to see if it resolves the problem. You could ask your lawyer to communicate with them (or their attorney, if they have one) to see if that resolves the issue, or you may need to file an enforcement action.
An enforcement action involves filing documents with the court to hold someone responsible for violating a court order. When an enforcement action has been filed, the court can hear testimony and take evidence about the violation, and may impose certain penalties for the violation, including:
Texas family courts have the authority to enforce orders regarding family law matters including divorce, child support and spousal maintenance, property division, and child custody. However, it is necessary to prove that you are entitled to relief. An experienced Texas family law attorney can advise you how to gather the evidence you will need to present to the court, and then will advocate on your behalf.
From their office in Frisco, May and May represent local clients in the enforcement of family court orders, whether or not our attorneys were involved in the original case. Because a return to court can be expensive, we will do a cost-benefit analysis with you to determine the most effective way to proceed while protecting the rights granted you by your original court order. We can also assist you in seeking a modification of the original order if appropriate.
Attorney Marc May is Board Certified in family law by the Texas Board of Legal Specialization and has over 30 years of practice experience in family law matters.
May and May serves clients in Collin County, Denton County, and the surrounding areas of North Texas. We invite you to explore our website and to contact our law firm to learn more about how we can help you.