The process of enforcing a Final Decree of Divorce in Texas can be complex, especially when your ex-spouse has violated certain terms. This could range from denied visitation to unpaid child support. Despite the detailed nature of a Divorce Decree, violations are not uncommon. Texas law provides the opportunity to file an enforcement action in family law court. Success in these cases hinges on thorough preparation and strategy.
Identifying Your Objectives in an Enforcement Case
Merely being upset with your ex-spouse is not enough to succeed in an enforcement case. Combining your emotions with solid evidence and preparation is essential. Collaborate with your attorney to determine clear objectives. Whether seeking overdue child support or contemplating requesting jail time for your ex-spouse due to significant arrearages, defining your goals is crucial. Meetings with your attorney are vital to review your Divorce Decree and confirm the specifics of the alleged violations.
Exploring Settlement Opportunities Outside Court
Sometimes, misunderstandings or informal agreements can lead to perceived violations. For instance, an ex-spouse might believe they are exempt from child support after a child turns 18, not realizing the support should continue until high school graduation. In such cases, negotiating a repayment schedule outside court can be effective. Understanding the specifics of your order and open communication with your attorney can facilitate these out-of-court settlements.
The Legal Process Post-Filing
Once you hire an attorney, they will take over drafting and filing documents. However, staying informed about the proceedings is important. Your ex-spouse will receive the enforcement motion and a summons for a specific hearing date. They are likely to respond and may hire an attorney. If communication occurs, consider channeling it through your legal representatives, especially if the interaction is contentious.
Possible Resolutions in Enforcement Cases
After your ex-spouse files a response and their attorney becomes involved, it is likely that discussions between both parties’ attorneys will occur. For issues like past-due child support, several outcomes are possible:
1. Contested Hearing Before a Judge: If no agreement is reached, your case might proceed to a contested hearing.
2. Agreement on Repayment: Your ex-spouse may agree to pay the owed child support and attorney’s fees, potentially concluding the enforcement action.
3. Contempt of Court: Agreement that your ex-spouse should be held in contempt for violating court orders.
In all scenarios, your attorney will guide you through the options. Consider the repayment terms, compensation manner, and payment sources before agreeing. If your ex-spouse has limited income, realistically assess their repayment capability. Avoid agreeing to unsatisfactory terms just to avoid court confrontation.
Conclusion and Legal Support
Navigating an enforcement case in Texas requires careful planning, legal knowledge, and a clear understanding of your objectives. The Law Office of Bryan Fagan, PLLC, can provide the necessary guidance and representation in these matters. If you have questions or need assistance, our licensed family law attorneys offer free consultations to discuss your case and the services we can provide. We have successfully represented many families in Southeast Texas and would be honored to assist you in your enforcement case.
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Other Articles you may be interested in:
- Texas Family Law Court: Enforcement Actions
- How much will your child support enforcement case cost?
- The Steps of an Enforcement Case in Texas family law court
- Reviewing your case history is crucial to success in an enforcement case
- Defending against an Enforcement Action in Texas
- Enforcement Suits in Texas Family Law, Part Five
- 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?
- When does your duty to pay child support end in Texas?
- Should a Divorced Parent Sign a Waiver (Release) and Indemnity Agreement to Allow a Child to Participate in Recreational Activities?
- What is the average amount of child support per child?
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.