Texas Divorce Decree Enforcement Attorneys
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Divorce Decree Enforcement Lawyers in Texas
In an ideal world, after a divorce, both parties follow through on their promises and move forward into their new lives from a good place. However, that is not always how it goes.
Sometimes, one of the spouses refuses to follow the divorce decree. This could happen in many ways. They might not follow the child support order, the child custody order, the payment of debts, or failure to divide a retirement account as decreed. In these situations, the other spouse usually needs to engage a lawyer and take their former spouse back to court to enforce the decree.
If you are in this kind of situation, we understand the extra stress and annoyance it can bring after you think you are done with the divorce process. We understand that you may be angry with your former spouse and eager to get this over with. When you work with one of our Texas enforcement lawyers, you can be confident that the situation will be resolved quickly and with your best interests at heart.
Where You May Need Divorce Decree Enforcement
Sometimes, one spouse is ordered to pay off a debt that was incurred during the marriage. If they fail to do so, the other spouse can find them in contempt of court. Usually, they will have a second chance to follow the order and could then be punished with jail time if they fail to. Sometimes, the court can even take custody of one party’s property and sell that property to give the proceeds to the other party.
Situations that involve children are different than those involving property. Of course, you have your children’s best interests at heart and don’t want to traumatize them or make their lives more stressful. It’s best for children if their parents can co-parent amicably, but sometimes one parent makes that impossible by refusing to follow court-ordered custody orders.
If that happens, you might need to work with a lawyer to have your child custody order enforced. First, it’s important that you actually have a legal custody order – not simply a verbal agreement between yourself and your co-parent. A custody order that has gone through the legal process is legally binding.
If your ex cuts of court-ordered visitation, your lawyer can help. You should first work directly with your ex, and then you can try to work out the issue in mediation, and then file a court action for contempt of court. The judge might grant make-up visits or even adjust the custody order if the other parent is preventing visitation.
If you are the custodial parent and your ex is refusing to pay child support, that is also an issue that you can take up in court with the help of your Texas enforcement lawyer. Legally, child support and visitation are not tied, so do not limit your ex’s visitation to their children in response to a lack of child support. Even though you might want to, remember that your children’s relationship with their other parent and visitation is not to be withheld as punishment for failure to pay child support. Instead, work with a Texas child support enforcement attorney to receive all the support and past support that your children are entitled to. Your ex’s wages could be garnished so that the money goes directly to your account without passing through them first.
When a divorce decree is not being followed, it’s essential that you take the proper legal steps to make sure that everything goes properly. Call a Texas enforcement lawyer for help with mediation or taking your ex-spouse to court to make sure that the divorce decree is followed.
