Strategies for Handling Enforcement Cases in Texas

Enforcement cases in Texas can be particularly challenging, especially when your ex-spouse violates the terms of a Final Decree of Divorce. These violations may include issues like denied visitation or unpaid child support. While Divorce Decrees are designed to be comprehensive, violations are unfortunately common. Fortunately, Texas law allows for enforcement actions to be filed in family law court to address these breaches. Achieving success in enforcement cases requires careful preparation, clear documentation, and a well-thought-out strategy to ensure that your rights are upheld and the terms of the decree are enforced.

Identifying Your Objectives in an Enforcement Case

Merely being upset with your ex-spouse is not enough to succeed in an enforcement case. Combining your emotions with solid evidence and preparation is essential. Collaborate with your attorney to determine clear objectives. Whether seeking overdue child support or contemplating requesting jail time for your ex-spouse due to significant arrearages, defining your goals is crucial. Meetings with your attorney are vital to review your Divorce Decree and confirm the specifics of the alleged violations.

Exploring Settlement Opportunities Outside Court

Sometimes, misunderstandings or informal agreements can lead to perceived violations. For instance, an ex-spouse might believe they are exempt from child support after a child turns 18, not realizing the support should continue until high school graduation. In such cases, negotiating a repayment schedule outside court can be effective. Understanding the specifics of your order and open communication with your attorney can facilitate these out-of-court settlements.

The Legal Process Post-Filing

Once you hire an attorney, they will take over drafting and filing documents. However, staying informed about the proceedings is important. Your ex-spouse will receive the enforcement motion and a summons for a specific hearing date. They are likely to respond and may hire an attorney. If communication occurs, consider channeling it through your legal representatives, especially if the interaction is contentious.

Possible Resolutions in Enforcement Cases

After your ex-spouse files a response and their attorney becomes involved, it is likely that discussions between both parties’ attorneys will occur. For issues like past-due child support, several outcomes are possible:

1. Contested Hearing Before a Judge: If no agreement is reached, your case might proceed to a contested hearing.

2. Agreement on Repayment: Your ex-spouse may agree to pay the owed child support and attorney’s fees, potentially concluding the enforcement action.

3. Contempt of Court: Agreement that your ex-spouse should be held in contempt for violating court orders.

In all scenarios, your attorney will guide you through the options. Consider the repayment terms, compensation manner, and payment sources before agreeing. If your ex-spouse has limited income, realistically assess their repayment capability. Avoid agreeing to unsatisfactory terms just to avoid court confrontation.

Conclusion and Legal Support

In conclusion, enforcement cases in Texas offer a legal avenue for addressing violations of a Final Decree of Divorce, such as missed child support payments or denied visitation. While these cases can be complex, thorough preparation and a strategic approach can significantly increase your chances of success.

Navigating an enforcement case in Texas requires careful planning, legal knowledge, and a clear understanding of your objectives. The Law Office of Bryan Fagan, PLLC, can provide the necessary guidance and representation in these matters. If you have questions or need assistance, our licensed family law attorneys offer free consultations to discuss your case and the services we can provide. We have successfully represented many families in Southeast Texas and would be honored to assist you in your enforcement case.

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Other Articles you may be interested in:

1. Success in an Enforcement Case Hinges on Reviewing Your Case History
2. What to Do When You Are on the Receiving End of a Child Support Enforcement Lawsuit in Texas
3. The Beginning Stages of a Child Support Enforcement Case
4. Reviewing your case history is crucial to success in an enforcement case
5. Defending against an Enforcement Action in Texas
6. Enforcement Suits in Texas Family Law, Part Five
7. Enforcement Suits in Texas Family Law, Part Four
8. Enforcement Suits in Texas Family Law, Part Three
9. Enforcement Suits in Texas Family Law, Part Two
10. Enforcement Suits in Texas Family Law: An Overview
11. Child Support Enforcement Defense – Act Sooner Rather than Later
12. Can my Texas Driver’s License Be Suspended for Not paying Child Support?
13. When does your duty to pay child support end in Texas?
14. Should a Divorced Parent Sign a Waiver (Release) and Indemnity Agreement to Allow a Child to Participate in Recreational Activities?
15. What is the average amount of child support per child?