Enforcement Suits in Texas Family Law, Part Five

Today’s blog post from the Law Office of Bryan Fagan, PLLC, discusses additional remedies available to parents in an enforcement suits in Texas when they are owed child support.

Our discussion is essentially a continuation of the past few day’s blogs, so I would highly encourage you to go back and read through each 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 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 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 a judge hands down jail time due to your child’s other parent’s failure to have paid proper amounts of child support to you when those amounts are due.

Jail time

Finding someone in criminal contempt potentially results in a punishment of no more than 180 days in county jail.

The punishment may be less than 180 days, but it will not exceed this limit. Additionally, the court can fine your opposing party up to $500 for each violation of the court order. While you should not always expect this type of punishment in your enforcement case, it remains a possibility.

Community Supervision

If you successfully argue for jail time for the opposing party in your case, a judge might grant this remedy. Alternatively, the judge could sentence them to jail time but suspend the end of the sentence if they achieve specific benchmarks the court sets.

Often 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.

Enforcement Suits in Texas: Remedies for Violations regarding Visitation orders

You may also want to file an enforcement suit in family court to highlight violations related to visitation. Just as we have seen in the area of missed child support payments, judges can award a relatively wide range of remedies to persons who file cases like these. Let’s take a look at them in some detail here.

Habeas Corpus

Suppose for a moment that your child went over to their other parent’s home for a weekend 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, they did not answer your call. You have since received a text message stating that your child would stay with the other parent and would not return 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 their court-ordered period of visitation. Habeas corpus 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, fining your ex-spouse and jailing them to reflect on their actions may not necessarily achieve what you want – the safe and immediate return of your child. In a pretty extreme situation such as this, a habeas corpus action is more in line with your goals.

A visitation remedy for out of state parents

Suppose you recently moved to Texas and your child is 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 have learned that the other parent checked out your child from school with the intention of returning to your state of origin. This situation is hazardous, and you need to understand what actions you can take in Texas to retrieve your child.

Fortunately for you, Texas has joined with almost 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 regarding 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 issued 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.

The Law Office of Bryan Fagan, PLLC

The Law Office of Bryan Fagan, PLLC, appreciates your time and attention as we move through additional remedies available to parties through enforcement actions in Texas Family Law Courts.

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.

Ebook

If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce”

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Other Articles you may be interested in:

1. Understanding the Pillar of Individual Liberty in the Justice System
2. Enforcement Suits in Texas Family Law, Part Four
3. Enforcement Suits in Texas Family Law, Part Three
4. Enforcement Suits in Texas Family Law, Part Two
5. Enforcement Suits in Texas Family Law: An Overview
6. Child Support Enforcement Defense – Act Sooner Rather than Later
7. Can my Texas Driver’s License Be Suspended for Not paying Child Support?
8. Child Support Modification in Texas (Part 1)
9. What do I do if I have overpaid child support in Texas?
10. Child Custody Basics in Texas
11. Child Support and College Tuition in Texas
12. Texas Child Support Appeals
13. In Texas, are Child Support and Visitation Connected?
14. When does your duty to pay child support end in Texas?
15. What is the average amount of child support per child?

Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.