Enforcement of Court Orders in Texas
In a perfect world, a court would decide a matter, issue its orders and decrees, and all parties would abide by the court’s decisions. Unfortunately, we do not live in a perfect world and some people will continue to resist complying with court orders — until the power of the court is brought to bear and the non-compliant party is faced with the possibility of severe sanctions. Consequences for failure to comply with a Texas court order can include:
- monetary fines,
- monetary judgments,
- judgments for attorney’s fees and expenses,
- jail time, and/or
- community supervision, which is a form of probation.
Enforcement of Property Division in Decrees of Divorce
When a Texas court enters a Final Decree of Divorce, it will make a just and right division of the community estate, which is comprised of the assets and liabilities accumulated during the parties’ marriage. For example, the court may award a vehicle to one party and cash to another. The award of assets might require some action on the part of your former spouse to accomplish the court’s property division. For example, if you and your former spouse had $500,000 in an account that only your former spouse controlled and had access to — and the court awarded you $350,000 of the cash in that account — then your former spouse would have to access the account to transfer to you the money awarded you by the court. In some cases former spouses will not take the steps they are required to take to accomplish the court’s property division. That is when you need to consider bringing an action to enforce the property division.
If you are successful in your suit to enforce the court’s property division, then you may be awarded a money judgment plus attorney’s fees and expenses. A money judgment provides a possible pathway to collect the property you were awarded or money in lieu of the property you were awarded. Moreover, your former spouse could face the possibility of spending time in jail until he or she complies with the court’s orders.
If a former spouse is not complying with the terms of your Texas property division or any other court order, then call Dallas attorney Pete Rowe. Pete has been successful in prosecuting motions for enforcement of property division and other orders related to child support and child custody. He can also help to defend or resolve your matter if a former spouse or parent of your child has brought a suit to enforce a court order against you.