Texas courts are statutorily empowered to enforce their orders by contempt. However, a divorce decree that awards a sum of money, payable in a lump sum or in future installments, is generally not enforceable by contempt, unless either:
1. Payment is to be made from a fund that exists at the time of the decree; or
2. The decree awards the right to receive installment payments or a lump-sum payment due on the maturation of an existing vested or non-vested right to be paid in the future; or
3. The award is for temporary spousal maintenance, as when, following a long term marriage, a spouse lacks the ability to work and earn money to be self-support
Motion to Withdraw Contempt Order in Texas: A Detailed Explanation In the state of Texas, a Motion to Withdraw Contempt Order is a legal document filed by a party requesting the court to rescind or eliminate a previously issued contempt order. Such a motion is typically filed when there is a change in circumstances or when it is believed that the contempt order is no longer necessary or justifiable. This guide will provide you with a comprehensive overview of the various types of Motion to Withdraw Contempt Orders in Texas. 1. Motion to Withdraw Contempt Order due to Compliance: This type of motion is filed when the party who was initially found in contempt has fully complied with the court's order or rectified the violation. The party will present evidence demonstrating their compliance and request the court to remove the contempt order. 2. Motion to Withdraw Contempt Order due to Lack of Legal Basis: This motion is filed when the party believes that the original contempt order was improperly issued or lacked a legal basis. The party may argue that there was a misunderstanding, incorrect interpretation of the facts, or that their actions did not actually violate any court orders. 3. Motion to Withdraw Contempt Order based on Change in Circumstances: Parties may file this motion when there has been a significant change in circumstances since the issuance of the contempt order. For example, if the party held in contempt has undergone a substantial improvement in their behavior or has resolved any underlying issues, they may seek withdrawal of the contempt order. 4. Motion to Withdraw Contempt Order due to Settlement Agreement: If the parties involved have reached a settlement agreement after the contempt order, one party may request the court to withdraw the previous order. The motion will typically provide details of the settlement agreement and demonstrate how it resolves the issues that led to the contempt order. When filing a Motion to Withdraw Contempt Order in Texas, it is essential to follow the specific procedural requirements established by the court. The motion must include the parties' names, the case number, the date of the original contempt order, and a detailed explanation of why withdrawal is appropriate. Additionally, it is crucial to present compelling evidence supporting your arguments. This may include documents, witness testimonies, or expert opinions, depending on the nature of the motion. Consulting with an experienced attorney is highly recommended ensuring all necessary legal elements are properly addressed and to increase the chances of success. In summary, a Motion to Withdraw Contempt Order in Texas is a legal tool utilized in various circumstances to request the court to eliminate a previously issued contempt order. Compliance, lack of legal basis, change in circumstances, and settlement agreements are common grounds for filing such a motion. Understanding the different types of motions and their relevance can assist parties in navigating the legal process effectively.
