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

State:
Texas
County:
Collin
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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FAQ

To serve a motion for contempt effectively, you should gather all relevant documents and follow the legal requirements for serving court documents. In Texas, this typically means delivering the documents in person or via certified mail to the other party. Timing is crucial, so ensure that you serve the motion well in advance of any court hearing. Consider using platforms like US Legal Forms for detailed instructions and forms to simplify the process.

Serving a Motion for contempt involves delivering the motion documents to the opposing party properly, following the local rules. In Collin County, Texas, it is essential to use personal delivery or certified mail to ensure proper service. You must also provide a proof of service to the court to confirm that the other party received the motion. Resources like US Legal Forms can guide you through the serving process and offer the necessary templates.

Petition the court to enforce the order! A final option is petitioning the court to enforce orders placed in the divorce agreement. If the court chooses to enforce the agreement, your ex will be required to appear before the judge and explain exactly why they're not paying debts that were assigned to them.

In most cases, alimony payments will be terminated if the receiving spouse gets remarried. The only exception to this rule is if the divorce order requires alimony to continue after remarriage. If no such provision is included, however, alimony will automatically terminate.

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.

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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.

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

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.

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.

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