Monday, December 3, 2012

Is your Ex Spouse Ignoring Court Orders? What to do

If you have a final court order and your ex-spouse is ignoring the orders, you should consult a Texas family law attorney to discuss filing a Motion to Enforce.

A Motion to Enforce the court's judgment is available to enforce a prior court order in a divorce case. The enforcement may be about the division of property, for example, turning over certain assets, money, real estate or property to you.

A Motion to Enforce may also be filed when there is a final court order relating to a child-conservatorship (custody), visitation, child support, medical support or other provisions of a final order.

Here are some examples of specific situationas when a Motion to Enforce may be appropriate in a Texas family law case:

1. One Ex-spouse did not pay certain debts or taxes as he or she was required to do in the court-ordered property division.

2. A parent is ignoring court ordered restrictions (is living with a boyfriend or girlfriend in opposition to the court order, is not allowing the other parent to exercise visitation, has not turned over the child's passport as required, is drinking during or before visits with the children when that has been strictly prohibited).

3. A Ex-Spouse refuses to sign documentation that they have been ordered to sign (to transfer an auto or home or split bank accounts, for instance).

4.  A parent is not paying child support, medical insurance, or health care expenses for the child.

There are times when a Motion to Enforce may be combined with, or may include requests that the judge enter a restraining order or find a party in contempt.  Whether or not this is appropriate depends on the type of "disobedience" that is going on, how serious it is, and whether it poses a threat to the health, safety or welfare of the parties or children.

In divorce cases and other cases affecting children, the court which put an order into effect retains the jurisdiction to enforce it. Therefore if you are having problems because your ex is ignoring a court order, you should see a Woodlands Texas Family Law Attorney to find out how what your options are.

Kalish Law Office.  Divorce and Family Law since 1984

 

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