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
Austin Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance is a legal document filed by an individual to request the court's intervention when their ex-spouse fails to comply with the court-ordered spousal maintenance payments. This motion is the initial step taken by the party seeking enforcement of the spousal maintenance agreement. In Austin, Texas, there may not be different types of motions specifically for this purpose, but various variations can occur depending on the specific circumstances of each case. However, the general components of the motion typically include: 1. Heading: The motion starts with the name of the court, the county, and the parties involved — the party seeking enforcement (the movant) and the non-compliant ex-spouse (the respondent). 2. Caption and Case Number: This section states the case caption, which includes the full names of the parties, the cause number assigned to the case, and the court where the case is being heard. 3. Introduction: The introduction clearly states that the motion is being filed by the moving due to the respondent's non-compliance with the court-ordered spousal maintenance payments. 4. Background: This section outlines the relevant background information of the case, including the date of the original divorce decree, the spousal maintenance provision, and the payment amounts and due dates specified by the court. 5. Allegations: Here, the moving presents a detailed account of the non-payment instances, including dates, amounts, and any communication related to the missed payments, such as demand letters or email exchanges. 6. Legal Basis: The motion will cite the relevant Texas Family Code sections that support the moving's claim for enforcement and show that spousal maintenance payments are mandatory. 7. Prayer for Relief: This section contains the specific requests made by the moving to the court, such as an order of contempt against the respondent, a finding of non-compliance, and any other necessary relief. 8. Verification: The motion needs to be signed by the moving or their attorney under penalty of perjury, affirming the accuracy and truthfulness of the information provided. After filing the motion, the court will review it and, if deemed appropriate, set a date for a hearing. At the hearing, both parties will have the opportunity to present evidence and arguments, and the court will decide whether the respondent is in contempt of the spousal maintenance order and determine the appropriate remedy or sanctions. Keywords: Austin Texas, Motion for Order of Contempt, Failure to Pay, Spousal Maintenance, legal document, court-ordered, enforcement, non-compliant, court, divorce decree, payment amounts, due dates, missed payments, demand letters, communication, legal basis, Texas Family Code, prayer for relief, order of contempt, finding of non-compliance, verification, hearing, remedy, sanctions.Austin Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance is a legal document filed by an individual to request the court's intervention when their ex-spouse fails to comply with the court-ordered spousal maintenance payments. This motion is the initial step taken by the party seeking enforcement of the spousal maintenance agreement. In Austin, Texas, there may not be different types of motions specifically for this purpose, but various variations can occur depending on the specific circumstances of each case. However, the general components of the motion typically include: 1. Heading: The motion starts with the name of the court, the county, and the parties involved — the party seeking enforcement (the movant) and the non-compliant ex-spouse (the respondent). 2. Caption and Case Number: This section states the case caption, which includes the full names of the parties, the cause number assigned to the case, and the court where the case is being heard. 3. Introduction: The introduction clearly states that the motion is being filed by the moving due to the respondent's non-compliance with the court-ordered spousal maintenance payments. 4. Background: This section outlines the relevant background information of the case, including the date of the original divorce decree, the spousal maintenance provision, and the payment amounts and due dates specified by the court. 5. Allegations: Here, the moving presents a detailed account of the non-payment instances, including dates, amounts, and any communication related to the missed payments, such as demand letters or email exchanges. 6. Legal Basis: The motion will cite the relevant Texas Family Code sections that support the moving's claim for enforcement and show that spousal maintenance payments are mandatory. 7. Prayer for Relief: This section contains the specific requests made by the moving to the court, such as an order of contempt against the respondent, a finding of non-compliance, and any other necessary relief. 8. Verification: The motion needs to be signed by the moving or their attorney under penalty of perjury, affirming the accuracy and truthfulness of the information provided. After filing the motion, the court will review it and, if deemed appropriate, set a date for a hearing. At the hearing, both parties will have the opportunity to present evidence and arguments, and the court will decide whether the respondent is in contempt of the spousal maintenance order and determine the appropriate remedy or sanctions. Keywords: Austin Texas, Motion for Order of Contempt, Failure to Pay, Spousal Maintenance, legal document, court-ordered, enforcement, non-compliant, court, divorce decree, payment amounts, due dates, missed payments, demand letters, communication, legal basis, Texas Family Code, prayer for relief, order of contempt, finding of non-compliance, verification, hearing, remedy, sanctions.
