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.  
 

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!

Tools

• Conservatorship
• Standard Visitation Calendar
• Expanded Visitation Calendar
• Child Support
• Parental Alienation Syndrome (PAS)
• About Us
• Benefits of Retaining our Firm

 

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