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
A Beaumont Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance is a legal document filed by a recipient of spousal maintenance seeking enforcement of court-ordered payments. This motion is initiated when the paying party fails to fulfill their financial obligations as outlined in the spousal support agreement. It serves as a means of holding the non-paying party accountable for their delinquency. Keywords: 1. Beaumont Texas: Referring to the city of Beaumont, Texas, this keyword specifies the jurisdiction where the motion is filed. 2. Motion: A formal written request made to the court seeking a specific action or order. 3. Order of Contempt: A legal ruling that declares a person in violation of a court order or agreement. 4. Failure to Pay: The act of not fulfilling the financial obligations outlined in the spousal maintenance agreement. 5. Spousal Maintenance: Also known as spousal support or alimony, it refers to the court-ordered financial assistance paid by one spouse to another after divorce or separation. Different types of Beaumont Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance may include: 1. Emergency Motion for Order of Contempt: This type of motion is filed when the recipient of spousal maintenance is in urgent need of immediate relief due to the non-payment of support. It requests the court to expedite the hearing and quickly address the delinquency. 2. Permanent Motion for Order of Contempt: Filed when there is a consistent failure by the paying party to comply with their spousal maintenance obligations over an extended period. If granted, this motion can result in severe consequences for the non-paying spouse, such as wage garnishment, asset seizure, fines, or even imprisonment. 3. Modified Motion for Order of Contempt: This motion is filed when there is a change in the financial circumstances of either party, making it necessary to modify the existing spousal support agreement. It seeks to enforce compliance with the new terms and conditions of the modified agreement. 4. Retroactive Motion for Order of Contempt: If the paying party has fallen behind on payments and accrued arrears, a retroactive motion for contempt can be filed. This motion requests the court to hold the non-paying spouse accountable for the outstanding balance, ensuring they fulfill their prior financial obligations. In conclusion, a Beaumont Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance is a legal document used in Beaumont, Texas to address non-payment of spousal maintenance. Recipients can file different types of motions based on their specific circumstances and needs, such as emergency, permanent, modified, or retroactive motions.
