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 Houston Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance is a legal document filed by a recipient of spousal maintenance or alimony that seeks to hold the paying party in contempt for failing to fulfill their financial obligations. This motion is typically submitted to the court that granted the original divorce decree or separation agreement. Keywords relevant to this motion include "Houston Texas," which specifies the jurisdiction in which the motion is being filed. "Motion" refers to the formal request being made to the court. "Order of Contempt" pertains to the legal consequence sought against the non-paying party for their failure to meet spousal maintenance obligations. Finally, "Failure to Pay Spousal Maintenance" clearly indicates the reason for filing the motion, highlighting the specific issue at hand. Different types of Houston 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 immediate action is required, such as when the recipient of spousal maintenance is experiencing extreme financial hardship due to non-payment. 2. Post-Divorce Motion for Order of Contempt: This motion is filed after the divorce has been finalized, usually due to ongoing failure to pay spousal maintenance as outlined in the divorce decree or separation agreement. 3. Modified Motion for Order of Contempt: If there have been changes in circumstances, such as a decrease in the payer's income or job loss, the recipient may file a modified motion taking these factors into account. This recognizes that the payer may genuinely be unable to meet their financial obligations. In summary, a Houston Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance is a legal document filed in a Houston Texas court seeking to hold a non-paying party in contempt for failing to fulfill their spousal maintenance obligations. Different types of motions may be filed depending on the urgency or changes in circumstances of the failure to pay.
