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
Keywords: Pasadena Texas, Motion for Order of Contempt, Failure to Pay Spousal Maintenance A Motion for Order of Contempt for Failure to Pay Spousal Maintenance in Pasadena, Texas is a legal document filed by a recipient of court-ordered spousal maintenance or alimony when the paying party fails to fulfill their financial obligations as outlined in the divorce decree or court order. This motion seeks to hold the responsible party accountable for their non-compliance and requests that the court take appropriate actions to enforce payment. There can be different types of Pasadena Texas Motions for Order of Contempt for Failure to Pay Spousal Maintenance, depending on the circumstances and specific issues involved. Some common variations include: 1. Direct Contempt Motion: This motion is often used when the paying party willfully and intentionally refuses to make spousal maintenance payments, despite having the ability to do so. Direct contempt alleges that the individual is in direct violation of the court order and seeks immediate punishment or sanctions. 2. Constructive Contempt Motion: A constructive contempt motion is typically filed when there is evidence to suggest that the paying party is unable to make the spousal maintenance payments due to financial hardship or other compelling reasons. It argues that the inability to pay is not intentional but still requests the court's intervention to enforce payment or modify the terms of the original order. 3. Motion to Modify Spousal Maintenance: In some instances, the recipient may file a motion to modify spousal maintenance instead of a motion for contempt. This motion is often pursued when there has been a significant change in circumstances, such as a loss of income, disability, or other financial hardships, resulting in an inability to meet the original spousal maintenance obligations. When filing a Motion for Order of Contempt for Failure to Pay Spousal Maintenance in Pasadena, Texas, it is essential to provide accurate, detailed information to support the claim. This typically includes proof of the existing court order, documentation of missed payments, communication records, financial statements, and any other relevant evidence that demonstrates the paying party's non-compliance. It is crucial to consult with an experienced family law attorney specializing in divorce and spousal maintenance cases in Pasadena, Texas, to navigate the legal process effectively and maximize the chances of success when filing a Motion for Order of Contempt for Failure to Pay Spousal Maintenance.
