Today’s blog post from the
Law Office of Bryan Fagan will discuss additional remedies that are available to a parent in an
enforcementcase when there is money owed in
Our discussion is largely a continuation of the past few days blogs so
I would highly encourage you to go back and read through each in order
to have as much knowledge at your disposal as possible.
If at any point you have questions about today’s blog or any other
found on our website please do not hesitate to contact the Law Office
of Bryan Fagan in order to schedule a question and answer session with
one of our licensed
family law attorneys.
Remedies for parents who are owed child support
This section sticks out in my mind because I have seen opposing parties
have to withstand these remedies due to their not having paid large amounts
of child support. We’ve discussed previously that enforcement actions
in Texas take on aspects of not only civil law but criminal as well.
That concept comes into play when jail time is handed down by a judge due
to your child’s other parent’s failing to have paid proper
amounts of child support to you when those amounts are due.
Being found in criminal
contempt means potential punishment that cannot exceed 180 days in a county jail.
The punishment can be less than 180 days but it cannot exceed that amount.
Also, your opposing party can be fined up to $500 per violation of the
court order as well. You shouldn’t necessarily expect that this
type of punishment will be handed down in your enforcement case but it
is a possibility.
If you have properly plead for jail time for the opposing party in your
case, a judge can choose to award that remedy for you. An alternative
is to sentence him or her to a period of jail time with the end of the
sentence to be suspended in the event that he or she meets certain benchmarks
set forth by the court.
Often times in the area of child support payments that means simply being
able to pay towards those arrearages or attending therapy or counseling
sessions if violence or other issues are in play for your particular case.
Remedies for Violations regarding Visitation orders
Another reason why you may be interested in filing an enforcement suit in
family court would be to bring violations related to
visitation to the attention of the court.
Just as we have seen in the area of missed child support payments, judges
have the ability to award a fairly wide range of remedies to persons who
file cases like these. Let’s take a look at them in some detail here.
Suppose for a moment that your child went over to his or her other parent’s
home for a weekend period of visitation. At 6:00 p.m. on Sunday you expected
to have your child return to your home only to find that the other parent
never arrived at your home.
When you called the other parent your call was not answered. Since then
you have received a text message that only said your child would be staying
with the other parent and would not be returned for a few days.
If you find yourself in a situation like this your best remedy may be to
file an enforcement suit with a
habeas corpus request for relief included. The court that handed down your order has
the ability and authority to put a stop to this sort of scenario when
your ex-spouse has kept your child past his or her court ordered period
of visitation. Habeas corpus literally translates to “bring me the
body”- this is what the judge would in effect be saying to the other parent.
Certainly jail time and contempt of court proceedings would be appropriate
considering the seriousness of what the other parent has done in this
sort of hypothetical situation.
However, what you want to achieve- the safe and immediate return of your
child- would not necessarily be achieved by fining your ex-spouse and
having them thrown in jail to think about their actions. In a pretty extreme
situation such as this a habeas corpus action is more in line with what
your goals are.
A visitation remedy for out of state parents
Suppose that you recently moved to Texas along with your child from another
state. In that state you and your child’s other parent had gone
to court for a
divorce which included orders associated with visitation of your child.
Now that you have moved to Texas, you came to learn that while at school
your child was checked out by his other parent with the intent to return
to your state of origin. Obviously this is an extremely dangerous situation
and you need to know what can be done in Texas to help you get your child back.
Fortunately for you, Texas has joined with most every other state in our
country and has agreed to abide by the Uniform Child Custody Jurisdiction
and Enforcement Act (UCCJEA).
Essentially, the state of Texas will now recognize and enforce orders from
another state’s court in regard to child custody and other matters.
What this means is that if you fear that immediate harm could befall your
child, you can request that a court in Texas issue a warrant to find your
child and take
possession of him and keep him in Texas. You would need to provide evidence to the
court sufficient to have that warrant be issued, however.
More on the subject of enforcement actions to come tomorrow
Law Office of Bryan Fagan appreciates your time and attention as we move through additional remedies
available to parties through enforcement actions in
Texas Family Law Courts. Tomorrow a blog post will be published to our website that details remedies
property division from a divorce decree.
Our office is proud to represent clients across southeast Texas. If you
have a question about anything you’ve read on our website please
do not hesitate to
contact our office today. A free of charge consultation is available to you six
days a week in which your questions can be answered by one of our attorneys.
If you want to know more about what you can do,
CLICK the button below to get your
“16 Steps to Help You Plan & Prepare for Your Texas Divorce”
If you want to know more about how to prepare,
CLICK the button below to get your
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Other Articles you may be interested in:
- Enforcement Suits in Texas Family Law, Part Four
- Enforcement Suits in Texas Family Law, Part Three
- Enforcement Suits in Texas Family Law, Part Two
- Enforcement Suits in Texas Family Law: An Overview
- Child Support Enforcement Defense - Act Sooner Rather than Later
- Can my Texas Driver's License Be Suspended for Not paying Child Support?
- Child Support Modification in Texas (Part 1)
- What do I do if I have overpaid child support in Texas?
- Child Custody Basics in Texas
- Child Support and College Tuition in Texas
- Texas Child Support Appeals
- In Texas are Child Support and Visitation Connected?
Law Office of Bryan Fagan | Tomball, Texas Divorce Lawyers
The Law Office of Bryan Fagan routinely handles matters that affect children
and families. If you have questions regarding
divorce, it's important to speak with one of our
Tomball, TX Divorce Lawyers right away to protect your rights.
divorce lawyers in Tomball TX are skilled at listening to your goals during this trying process and
developing a strategy to meet those goals.
Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online
form. The Law Office of Bryan Fagan handles
Divorce cases in Tomball, Texas, Cypress, Klein,
Houston, the FM 1960 area, or surrounding areas, including
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