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Enforcement of
Existing Court Orders
Obligations set forth
in a Court Order are mandatory and enforceable. In the context of
a child related court order, enforcement is usually regarding child
support or visitation. Filing with the Court to Enforce a Court
Order is a lawsuit separate from the original child suit which begins
with the filing of the Petition for Enforcement. Enforcement is
highly technical. There must be an existing court order, which was
signed by the judge prior to the alleged violation that is clear and
unambiguous. There must be clear and convincing evidence
that the Court Order was violated. Some violations are punishable
by fines. Other violations are punishable by contempt (jail time).
After the Petition for Enforcement of an existing court order is filed
with the Court, the violating party will be served with an Order to
Appear before the Court. If a party fails to appear before the
Court at the correct time will be cause for the Court to issue a
Capias warrant for arrest.
Failure to timely pay child support as ordered, and failure to abide by
the possession schedule are both punishable by contempt (jail time).
However, every case is different and is weighed on its own merits and
every judge approaches a remedy for violation of a court order in
variable ways.
Enforcement of Child Support
If a party is sued for failure to pay child support, the official child
support record will be the primary evidence that is used to prove the
alleged violations.
Enforcement of
Possession
However, it is more difficult to prove a party's failure to adhere to
the possession order. One must actually attempt to pick up the
child on at least two occasions and be denied by the violating party.
One easy way for a party to
establish proof that he has attempted to pick up his child at the
prescribed time is to go immediately to a convenience store nearby the
mother's residence and purchase a Coke. Use the receipt as
evidence that you were only a block away from the mother's residence
just a few minutes after the prescribed time that you should have been
able to pick up your child. Be Prepared and CALL NOW to
learn more about protecting your rights to your child through
Enforcement.
Tools
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For a
free confidential consultation
to discuss your legal matter with an experienced Texas Family
Law and Paternity Lawyer, please call us at
(972) 445-1500
if you're in the Dallas Area or Toll free at
1 (877) 613-5800.
BE PREPARED - CALL NOW! |
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Cities we Serve:
Dallas County | Tarrant County | Denton County | Collin County
Irving | Dallas | Cedar Hill | Mesquite | Garland | Grand
Prairie | Las Colinas Richardson Plano | Highland Park |
Arlington | Hurst | Euless | Bedford Southlake | Grapevine
Colleyville | Lewisville | Denton | The Colony
Flower Mound | Corinth | Argyle | Coppell | Fort Worth
Frisco | Sachse |McKinney | Park Cities | Duncanville | Desoto |
We hope the information provided here is helpful. Please call our
office with any questions you may have. Unless otherwise indicated,
attorneys listed in this site are not certified by the Texas Board of
Legal Specialization. This web site is designed for general
information only. The information at this site should not be
construed to be formal legal advice nor the formation of a lawyer/client
relationship.
FULLY
LICENSED BY THE TEXAS SUPREME COURT
Admitted to the US Federal Courts, Northern District of TX
Member of the Texas Family Law
Section of the Texas State Bar Association
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