Enforcement of Court Orders Regarding Children
A court that renders an order or decree retains the power to enforce the order or decree. Tex. Fam. Code §157.001(d). A motion requesting enforcement is the document that tells the court the party is seeking remedies regarding the other party’s failure to comply with the court’s order. Tex. Fam. Code §157.001. A party is entitled to at least 10-days notice of a request for enforcement of a prior order. Tex. Fam. Code §157.062. A party’s failure to appear after he or she receives proper notice may result in a arrest warrant being issued to bring that person to the court.
The most usual remedy for enforcement is contempt of court. If held in contempt, a person violating the court order may be punished by either confinement in jail for up to six months for each violation and a fine of up to $500 for each violation. A person can be held in contempt of court for any violation of a court order, including failure to pay child support, failure to comply with orders for possession of and access to a child, or failure to comply with orders regarding the exercise of rights/duties regarding a child.
An order on the motion for enforcement may also include an order for specific performance (i.e., makeup visitation), contempt (a fine or jail time), or clarification of the previous order. A child support order may also be enforced by imposition of a writ of withholding from earnings, money judgment, child support lien against executable assets, collection against tax refunds, restriction on the right to obtain grants, loans, or contracts from the government, suspension of any state-granted licenses, or ultimately charging with the criminal offense of failure to support.
Enforcement of Property Awards
Awards of property in a divorce may be enforced by the court after the decree has been entered. Remedies include specific performance, money damages, clarification of court orders, and in some limited circumstances contempt of court. In order to be enforceable, an order must be specific as to the award of property. For example, there must be a specific order for one spouse to deliver a particular asset to the other spouse at a date, time and place certain to be enforceable. As to debts, a person cannot be held in contempt and sentenced to jail for failure to pay a debt. However, an order for payment of a sum of money might be enforceable if it were specific as to time, date and place for payment, such that the spouse’s failure to comply with the court order can be punished instead of the mere failure to pay the money.