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 Carrollton Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance is a legal document that can be filed by an individual seeking enforcement of spousal maintenance payments from their former spouse. It is a crucial step that can be taken when the paying party fails to fulfill their financial obligations as outlined in a court-ordered spousal maintenance agreement. Keywords: Carrollton Texas, Motion for Order of Contempt, Failure to Pay, Spousal Maintenance. In Carrollton, Texas, there are different types of Motions for Order of Contempt for Failure to Pay Spousal Maintenance that can be filed depending on the specific circumstances and the desired outcome. These include: 1. Motion for Order of Contempt for Failure to Pay Spousal Maintenance: This motion is filed when the paying party has consistently failed to make the required spousal maintenance payments or has fallen significantly behind on their payments. It requests the court to hold the delinquent party in contempt for violating the spousal maintenance agreement. 2. Motion for Order of Contempt for Failure to Comply with Spousal Maintenance Order: This motion is filed when the paying party has failed to comply with other aspects of the spousal maintenance order, such as providing necessary financial documentation or refusing to modify the amount due to changing circumstances. It seeks enforcement of the entire spousal maintenance order, not just payment. 3. Motion for Order of Contempt for Willful Failure to Pay Spousal Maintenance: This motion is filed when there is evidence to suggest that the paying party is intentionally avoiding their spousal maintenance obligations. It addresses situations where the paying party has sufficient means to make the required payments but chooses not to do so willfully. 4. Emergency Motion for Order of Contempt for Failure to Pay Spousal Maintenance: This motion is filed in urgent situations where the non-payment of spousal maintenance poses an immediate financial threat to the recipient spouse. It seeks expedited enforcement to ensure the recipient's financial well-being is not compromised. 5. Motion for Order of Contempt for Repeated Failure to Pay Spousal Maintenance: This motion is filed when the paying party has a history of consistently failing to make spousal maintenance payments over an extended period. It highlights the chronic pattern of non-compliance and requests the court to take appropriate action against the delinquent party. In any of these motions, the party filing seeks the court's intervention to enforce the spousal maintenance order and ensure that the paying party fulfills their financial obligations. It is important to consult with a knowledgeable family law attorney in Carrollton, Texas, to understand the specific requirements and procedures associated with filing a motion for contempt in a spousal maintenance case.A Carrollton Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance is a legal document that can be filed by an individual seeking enforcement of spousal maintenance payments from their former spouse. It is a crucial step that can be taken when the paying party fails to fulfill their financial obligations as outlined in a court-ordered spousal maintenance agreement. Keywords: Carrollton Texas, Motion for Order of Contempt, Failure to Pay, Spousal Maintenance. In Carrollton, Texas, there are different types of Motions for Order of Contempt for Failure to Pay Spousal Maintenance that can be filed depending on the specific circumstances and the desired outcome. These include: 1. Motion for Order of Contempt for Failure to Pay Spousal Maintenance: This motion is filed when the paying party has consistently failed to make the required spousal maintenance payments or has fallen significantly behind on their payments. It requests the court to hold the delinquent party in contempt for violating the spousal maintenance agreement. 2. Motion for Order of Contempt for Failure to Comply with Spousal Maintenance Order: This motion is filed when the paying party has failed to comply with other aspects of the spousal maintenance order, such as providing necessary financial documentation or refusing to modify the amount due to changing circumstances. It seeks enforcement of the entire spousal maintenance order, not just payment. 3. Motion for Order of Contempt for Willful Failure to Pay Spousal Maintenance: This motion is filed when there is evidence to suggest that the paying party is intentionally avoiding their spousal maintenance obligations. It addresses situations where the paying party has sufficient means to make the required payments but chooses not to do so willfully. 4. Emergency Motion for Order of Contempt for Failure to Pay Spousal Maintenance: This motion is filed in urgent situations where the non-payment of spousal maintenance poses an immediate financial threat to the recipient spouse. It seeks expedited enforcement to ensure the recipient's financial well-being is not compromised. 5. Motion for Order of Contempt for Repeated Failure to Pay Spousal Maintenance: This motion is filed when the paying party has a history of consistently failing to make spousal maintenance payments over an extended period. It highlights the chronic pattern of non-compliance and requests the court to take appropriate action against the delinquent party. In any of these motions, the party filing seeks the court's intervention to enforce the spousal maintenance order and ensure that the paying party fulfills their financial obligations. It is important to consult with a knowledgeable family law attorney in Carrollton, Texas, to understand the specific requirements and procedures associated with filing a motion for contempt in a spousal maintenance case.