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
Travis Texas Motion for Order of Contempt for Failure to Pay Spousal Maintenance is a legal document filed in Travis County, Texas, when a spouse fails to adhere to their court-ordered obligations of paying spousal maintenance. Also known as a Motion for Contempt, this motion is used to address non-compliance and seek appropriate remedies. Here are some relevant keywords related to this motion: 1. Travis County, Texas: The motion is specific to this county within the state of Texas, so it must be filed at the appropriate court within Travis County. 2. Spousal Maintenance: Spousal maintenance refers to the financial support provided by one spouse to the other after the dissolution of a marriage or during separation. It is often ordered by a court based on factors like income disparity, earning potential, and financial needs. 3. Contempt: If the obligated spouse fails to pay the court-ordered spousal maintenance, the recipient spouse can file a motion for contempt, arguing that the non-compliant spouse is in violation of the court's order. 4. Failure to Pay: This phrase signifies the inability or unwillingness of the obligated spouse to meet their payment obligations as set by the court order. A failure to pay can trigger the need for a motion for contempt. 5. Motion for Order of Contempt: This motion is a formal request submitted to the court asking for a finding of contempt against the non-compliant spouse who fails to meet their spousal maintenance obligations, seeking appropriate remedies or sanctions. 6. Remedies: Remedies or sanctions requested in the motion for contempt can include fines, wage garnishment, modification of the original spousal maintenance order, or even jail time for the non-compliant spouse. Different types of motions for contempt related to failure to pay spousal maintenance in Travis County, Texas, can vary based on specific circumstances and the relief sought. Some possible variations can include: — Emergency Motion for Contempt: If the non-compliant spouse's failure to pay spousal maintenance poses an immediate threat to the recipient spouse's financial well-being, an emergency motion can be filed to expedite the situation. — Motion for Contempt with Request for Wage Garnishment: This motion seeks to compel the non-compliant spouse's employer to withhold a portion of their wages directly for spousal maintenance payments, ensuring timely and consistent payment. — Motion for Contempt with Request for Modification: In some cases, changing financial circumstances might require modifying the existing spousal maintenance order. This motion combines the request for contempt with a modification of the payment terms. Remember, it is crucial to consult with an attorney familiar with family law in Travis County, Texas, to ensure the motion is created correctly, adhering to specific local rules and procedures.
