Working through a Texas family law case is like riding a roller coaster. The temporary highs you experience are usually followed by something that brings you back down. Those lows lead you to prepare and execute a plan, which then creates opportunities for more positive experiences. The ups and downs of a Texas family law case are unavoidable. Working with an experienced family law attorney can help you maintain a steady course. Navigating an enforcement suit is the topic we focus on today.
Once your family law case comes to an end the real work begins. Whether you are involved in a child custody or divorce case you need always to have a plan. Negotiating a court order is one thing. Choosing to make the most of your situation to benefit your family is another. In circumstances that involve co-parenting, you and your child’s other parent must make this choice. If only one of you wants to abide by your court order, then that means problems may follow.
What happens in a situation where your ex-spouse or co-parent fails to follow your court order? These are stressful situations, without a doubt. In today’s blog post from the Law Office of Bryan Fagan, we will walk you through this situation. Approaching your life after a family law case means being aware of your court orders and what they say. At the same time, understanding how to approach those orders when another person is not following them takes some skill. The Law Office of Bryan Fagan is here to help.
A hypothetical situation to illustrate how court order violations can happen
Let’s say that you and your co-parent got divorced two years ago. Since the time of your divorce, you have done your best to follow your court order as closely as you can. An attorney with the Law Office of Bryan Fagan would recommend that you keep a copy of your court order on your phone for reference. It would not hurt to have a copy of it at home in a drawer. Finally, if you have school-aged children then it would be appropriate to provide the kids’ school a copy, as well.
Trust is a major part of your post-family law case life. Trusting your co-parent to follow the court orders provides your child with a sense of stability and consistency. It also shows that he or she respects the arrangement that you all signed off on after the divorce. Parents can sometimes lose sight of the reasons why they have come to agree to those orders in the first place. Ultimately, you are working hard to look after the best interests of your child.
As you attempt to honor that court order it has become apparent that your ex-spouse is not. She is constantly violating the court order in several different ways. Dropping the kids off late on Sunday evenings before school. Paying your child support seemingly every other month instead of each month. The list of violations goes on and on. You’ve attempted to be patient. However, now you feel like something must be done. Since the court does not have someone watching your family’s every move, you need to do something to bring these violations to the court’s attention.
An enforcement suit is your remedy when a court order is not being followed
In a situation where your co-parent is not following a court order, you need to become familiar with an enforcement lawsuit. In an enforcement lawsuit, you are attempting to hold your ex-spouse responsible for violating your court orders. Before you take the plunge into an enforcement suit, however, you need to read closely your court orders. Sometimes there will be provisions that require you all to mediate your case before a lawsuit is filed. Talk to an experienced family law attorney with the Law Office of Bryan Fagan before going forward into an enforcement case.
An enforcement suit is a legal mechanism available through your family court that holds your ex-spouse accountable for violating your court order. Simply put, the suit seeks to help you enforce the terms of your court order. Before you file the lawsuit there are mitigating steps that can be attempted. First, try to talk to your ex-spouse about the violations. There may be a legitimate misunderstanding on someone’s part which has led to a violation. Better to discover this now rather than to file an enforcement suit only to find out later.
If talking to your co-parent does not work you can seek legal counsel. An attorney with the Law Office of Bryan Fagan is experienced in representing parents in enforcement cases. We have achieved success for our clients in family courts across the state of Texas. However, before we proceed into an enforcement case we will send your co-parent a letter outlining their violations and attempting to work out an agreement to move forward. Once that method is successful, we will help you move toward filing an enforcement suit.
Addressing child support order violations
The most common reason why parents need to file an enforcement suit is concerning missed child support payments. Child support is undeniably a stressful and emotional topic. For you, as the parent receiving child support it is a bit disconcerting to have to rely upon your ex-spouse for financial assistance each month. At the same time, you want to feel like you and your ex-spouse are on the same team, pushing for the same goals.
Child support allows you and your co-parent to both contribute to the financial well-being of your child. This is important considering that you may have your children much more than your co-parent. Even when your co-parent is away from the children she is still responsible for their care. Child support provides you with the material resources you need to provide for the kids’ daily needs. At the same time, your co-parent has financial “skin in the game” no matter what her visitation is like.
It is a delicate balance to strike when you find yourself not receiving child support as you should. Court orders require child support to be paid on time and in full each month. Refer to your specific court orders for more information on how child support ought to be paid each month. That said most court orders require child support to be paid by a certain date each month. The amount of child support is consistent from month to month. This provides your co-parent ample opportunity to live up to their end of the bargain.
Addressing missed child support a
As we discussed a moment ago, it is not necessary to immediately file an enforcement lawsuit in a situation like this. Maintaining an open line of communication with your co-parent is a key part of finding success in a case. When you are experiencing a problem with your court order there is no way to discuss it with her directly unless you have that open line of communication. You force yourself into a situation where an enforcement suit must be filed when you cannot discuss the situation directly with your ex-spouse.
Once you attempt to address the situation directly you will know how to proceed. Your ex-spouse may provide you with a reasonable explanation for their missed support payment. Depending upon the number of missed payments and/or their explanation you may not need to file an enforcement case. However, if your co-parent is not willing to talk with you then you may not have an option. In that situation, it could be necessary to file an enforcement case.
When you find yourself in this position it is important to have help. Think back to your divorce. If you had an attorney by your side, there are times you can recall where their advice was crucial to your success. The same is true in an enforcement case. With so many moving pieces to an enforcement, you need to have help that you can trust. The attorneys with the Law Office of Bryan Fagan know how to guide you in a difficult enforcement case.
Filing an enforcement suit in Texas
Step one to beginning an enforcement suit is filing the lawsuit. That means filing the suit in a court with jurisdiction over your case. Jurisdiction refers to a court’s ability to hear arguments and issue rulings. Depending on if you have moved (or your kids have) a different court may now have jurisdiction over your enforcement suit. However, most of you reading this will find that your original family court retains jurisdiction. This is the court where you need to file your enforcement suit.
Next, serving your ex-spouse with notice of the suit needs to occur. Filing the enforcement suit is one thing. Letting the case sit in the court’s files and doing nothing more serves no purpose. You need to file the suit and then provide your ex-spouse with notice of the lawsuit having been filed. There are two options when it comes to providing notice of an enforcement lawsuit to your ex-spouse. Those two options are service via a private process server or a constable.
No matter which of these options you and your attorney choose, the result needs to be your ex-spouse having notice of the suit having been filed. Notice of the suit puts the ball in their court. A response known as an Answer would follow. The Answer refutes the allegations made in your enforcement suit. Once a suit is filed and an Answer is received your enforcement case can begin in earnest.
What do you need to include in your enforcement suit?
One of the reasons why you need to consider hiring an attorney is that the contents of your enforcement suit are complex. First, you must specify the violations of the court order. That means citing the language in the court order. Then, including the dates and circumstances under which the order was violated. As you get into multiple steps within the case it adds to the complexity. Having an experienced family law attorney can help you to make sure that you do not make unnecessary mistakes.
An enforcement lawsuit must also contain what you are asking for in the case. In a child support enforcement case, it is logical to ask for back child support. A repayment schedule is necessary, as well. A court would create a repayment plan based on the income and assets of your ex-spouse. They can be paid to you over time. Talk with an experienced attorney with the Law Office of Bryan Fagan about how we can help you.
One of the most crucial elements of your enforcement petition must be whether you are requesting jail time for your ex-spouse. Depending upon the extent of the missed child support payments this may be appropriate. Deferred adjudication or jail time as penalties should tell you how seriously the state of Texas takes child support missed payments. Jail time will not always be ordered in enforcement cases but it is a possibility.
A denial of visitation can lead to an enforcement suit being filed
It is a frustrating situation to find yourself having gone through a family law case only for your co-parent to ignore some facet of your court order. Visitation is a meaningful part of your relationship with your child. True enough, the rights and duties you have concerning your son or daughter are important. However, it is the time with your child which may be most meaningful. Especially after a child custody case which saw you worry considerably about this subject.
In Texas, a Standard Possession Order contains an overview of your parenting time with your child. A primary conservator has primary conservatorship. This means that you will house your child on a primary basis. For most families, this means that the school week consists of your child living with you. The non-primary conservator has visitation rights on the first, third, and fifth weekends of each month.
What does this mean for your family? First off, if your co-parent violates the visitation order then it impacts your children more than anyone. We have already talked about how for most families, a joint managing conservatorship is the hallmark of your child custody orders. The court issued those orders because it is believed that your child is better off sharing time with you and your co-parent. When that delicate balance is thrown off then it is time to consider an enforcement suit.
Filing an enforcement suit for a visitation order violation
Again, talking to your co-parent about the violation of the court order is completely appropriate. In some situations, your co-parent may have a legitimate excuse for violating the court order. That may relate to getting off work late and not being able to pick up the kids on time. Or, it could be that your children had asked to stay later but did not communicate that to you. In short, there may be communication issues ongoing. That doesn’t make up for the violation but it does explain it.
However, in other situations, an enforcement lawsuit is the correct remedy. When it comes to trying to enforce a court order for visitation there is usually ample ground for negotiation. While filing the enforcement suit may be necessary that does not mean that you must go to court immediately. Rather, an enforcement suit brings parties to the negotiating table. What can you do to encourage your co-parent to want to work with you on negotiating the circumstances to make things right?
Makeup visitation time is a good place to start. Figuring out an appropriate schedule for helping you and your co-parent get back on track makes sense. Whatever time you have been denied should be added up. For example, let’s say that you have been denied a total of forty-eight hours of visitation time with your child over the past two months. Those extra two days could be added onto a weekend of possession. Having an experienced family law attorney helps you become more creative when figuring out solutions.
Final thoughts on navigating enforcement suits in Texas family law
Enforcement lawsuits are critical tools for a person to use in the world of Texas family law. Unfortunately, not every party to a divorce or child custody case will adhere to the court orders perfectly after the conclusion of their case. When your ex-spouse or co-parent violates the court order then it becomes important to hold him or her accountable. The best tool for that job is an enforcement case.
The attorneys with the Law Office of Bryan Fagan thank you for joining us today on our blog. We post interesting and informative blogs each day of the week here.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
