Family Law Order Enforcement Attorney in Dallas, TX
Following a divorce, you depend on your former spouse to abide by court orders pertaining to asset division, spousal support, child custody, child support, and other critical matters. When your ex refuses to do so, it’s much more than an inconvenience – this urgent matter needs to be addressed immediately. A family law attorney can file a petition on your behalf to ensure compliance with the divorce agreement by your former spouse or the other parent of your child.
At Balekian Hayes, PLLC, we know that enforcing a family law order in Dallas can be daunting. Whether your spouse refuses to pay child support, they won’t follow your agreed-upon custody arrangement, or they won’t turn over your fair share of marital assets, we’re committed to providing aggressive legal support and securing what’s yours. With over 20 years of experience, our team has a strong track record of resolving issues related to the enforcement of custody, support, and post-divorce division of property.
Managing Partner Kris Balekian Hayes has dual board certification in family law and child welfare from the Texas Board of Legal Specialization. Our team approaches each case with personalized attention, giving you the tailored advice and effective legal strategies you need. Contact us today to discuss your situation with a family law order enforcement attorney.
How to Enforce a Family Law Order in Texas
The Texas Family Code says anyone can file a motion for enforcement related to any temporary or final family order if someone fails to comply with any provision of the order. The party filing the motion must submit it in the court with “continuing, exclusive jurisdiction,” which usually means the court that issued the original order.
When filing a motion of enforcement, the party submitting the motion must follow a specific format and include certain content, as outlined in the Texas Family Code:
- Identify the Problem – Clearly state which part of the order your former spouse did not follow.
- Describe the Noncompliance – Explain how the other person did not comply with the order.
- Request Specific Relief – State precisely what you want the court to do to fix the issue.
- Signature Requirement – The person requesting the motion or their attorney must sign the document.
For motions specifically related to child support enforcement, the party submitting the motion should include the following information:
- Amounts in Detail – Include how much your former spouse was supposed to pay, how much was actually paid, and the total amount overdue.
- Contempt Requests – If asking for contempt charges due to missed child support payments, the requesting party must detail each missed payment date and the amounts involved.
- Payment Records – The party filing the motion has the option to attach a payment record from the child support registry.
- Plan for Arrearages – If the child support is overdue and the child is receiving federal assistance, you can ask the court to either set up a payment plan or require work activities if there is already a plan and the payer is not disabled.
For enforcing orders about child custody or visitation, the motion should list each time and place the other parent did not follow the custody or visitation schedule. Lastly, the motion can mention past violations of the order and suggest that similar issues might happen again before the court hearing. A Dallas family law order enforcement attorney at Balekian Hayes, PLLC, can help you properly format and submit a motion for enforcement.
Penalties for Failing to Follow a Family Law Order in Texas
When someone doesn’t follow a family law order in Texas, the court can impose several penalties to ensure compliance and uphold justice. Here’s what could happen:
- Fines – The court may order the person to pay a fine as a penalty for their noncompliance.
- Compensatory Visitation – If the order involved custody or visitation, the court might grant additional visitation time to compensate for missed time.
- Community Service – The court might order someone to perform community service hours to punish them for not following the family law order.
- Wage Garnishment – For financial obligations like child support, the court can take money directly from the person’s paycheck.
- Jail Time – In severe cases, especially for repeated noncompliance, the person might go to jail for contempt of court.
Enforcement of Divorce Decrees in Texas
If your ex-spouse doesn’t comply with the financial or custodial arrangements outlined in your divorce decree, a family law enforcement lawyer can intervene on your behalf. We focus on securing enforcement of all aspects of the decree, ensuring that any agreements on spousal support, child support, or custody are fully honored. Our legal team acts swiftly to rectify discrepancies and uphold your rights.
Enforcement of Property Division in Texas
Disputes over property division post-divorce can be complex. Our family law order enforcement law firm excels in resolving conflicts related to the distribution of assets. We’re here to help ensure that your marital property, pensions, and other assets are divided as the court ordered. We employ strategic legal actions to enforce property division effectively and protect your financial interests.
Enforcement of Custody Order in Texas
When your child’s other parent ignores custody orders, the stability of your child’s life is at risk. Our family law order enforcement attorneys in Dallas prioritize your child’s best interests by ensuring your spouse follows the court-ordered custody schedule. We can take legal measures to enforce the order, which may include modifications to the agreement if your spouse repeatedly fails to abide by the current arrangement.
Texas Child Visitation Enforcement
Ensuring regular visitation is critical for maintaining a bond with your child. When your child’s other parent does not respect the court-ordered visitation schedule, our visitation enforcement attorneys work to rectify the situation by enforcing or adjusting orders to facilitate consistent and meaningful contact between you and your child. Our goal is to prevent future violations while fostering a positive parenting environment.
Child Support Enforcement Attorney in Dallas, TX
Non-payment of child support can undermine your child’s quality of life. At Balekian Hayes, PLLC, our child support payment enforcement lawyers are dedicated to enforcing child support orders rigorously. Whether it’s initiating income withholding or pursuing legal penalties for noncompliance, we can help you secure the financial support your child needs and deserves.
Contact Our Family Law Order Enforcement Lawyers in Dallas
Texas law allows you to hold a former spouse accountable when they don’t follow a family law order. If you’re having trouble enforcing a family law order, call Balekian Hayes, PLLC, today or complete our contact form for a consultation.