Bexar Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance

State:
Texas
County:
Bexar
Control #:
TX-01470BG
Format:
Word; 
Rich Text
Instant download

Description

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



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How to fill out Texas Motion For Order Of Contempt For Failure To Pay Spousal Maintenance?

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FAQ

Serving a motion for contempt requires delivering the legal documents directly to the individual who is not complying with court orders. In Bexar, Texas, you can utilize professionals like a process server or law enforcement for this task. Proper service ensures that the court recognizes the individual's right to respond, paving the way for potential enforcement actions regarding spousal maintenance payments.

A motion in contempt is a legal request asking the court to find a party in violation of a court order, such as non-payment of spousal maintenance. This motion can lead to various penalties, including fines or even jail time, depending on the circumstances. When considering a motion in contempt, it's crucial to gather evidence and consult legal resources to understand the process fully.

You can enforce a spousal maintenance order in several ways: filing a motion to enforce (which may also include a motion for contempt); asking the court to reduce the amount owed to a money judgment; or. getting a qualified domestic relations order, commonly known as a QDRO (starting September 1, 2021).

Spousal Support in Texas: Calculating the Amount The maximum amount of spousal maintenance that a court may order is 20% of the paying spouse's average monthly gross income, or $5,000.00 per month, whichever is less. Tex. Fam. Code § 8.055.

Is Spousal Support Mandatory in Texas? No, spousal support is not mandatory in Texas. In the case of a divorce where a spouse is seeking spousal support, the judge will ensure that the situation meets the requirements laid out in Texas law in order to qualify for spousal support.

If you are ordered to pay spousal maintenance to your spouse after your divorce is finalized and you do not do so then a judge can hold you in contempt of court. Contempt means that you failed to follow a court order. You can be fined or sent to jail as a result.

If alimony is unpaid, the owed debt is known as alimony arrears. Arrears can be collected via mediation, small claims court, or wage garnishment. Failure to comply with a court-issued spousal support order may also result in a contempt of court charge against the spouse who failed to pay owed alimony.

With a judgment summons the debtor could be sent to prison if they do not pay the amount that is owed to you.

Enforcement of Spousal Maintenance Under Section 8.059 of the Texas Family Code, the court may enforce spousal maintenance orders with its contempt powers. Holding a party in contempt means the court may order fines or even jail time for failure to comply, according to Texas Government Code Sec. 21.002.

You can approach the court to enforce a violation of the maintenance order or agreement for periodic payments of spousal maintenance that the court approved. After reviewing your case, the court can enforce the terms of the order through the enforcement means available to the court.

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Bexar Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance