Receiving a court order for child support, child visitation, or any other ruling from the court is a major relief. However, it does not automatically mean that the other parent will follow the instructions outlined in the court order. For this reason alone, you should speak to an Austin Enforcement of Court Orders Lawyer from the Evans Family Law Group about your situation. Our team can help you ensure that the court order is enforced to the letter of the law.
Child Support & Child Visitation
What a relief—your divorce case or child custody suit is finally over, and the offending party has been issued a court order requiring them to turn over assets and/or provide ongoing support.
Of course, what if one party refuses to uphold the terms of that order? Then, it seems you are left in a position not much better than the one from which you began. And although you might feel overextended and helpless, you certainly are not. You are entitled to the assets (the overdue child support, the visitation rights, the alimony, and anything else) legally mandated in the court’s order.
Refusal to uphold a court order is a serious crime, and well-guarded legal methods exist for enforcing these orders. Talk to the experienced Austin Enforcement of Court Orders Lawyer at the Evans Family Law Group about your situation today. We will examine your case and ensure that the court order is enforced immediately.
Child Support Enforcement in Texas
It’s this simple: if a parent misses one child support payment, fails to compensate the child’s guardian for the required medical insurance, or refuses payment regarding a child’s medical expense, they may be placed in contempt of court—as upheld in the Texas Family Code.
Placement in contempt of court may result in time in probation, jailing, continued fines, and additional compensation for ongoing legal fees. Talk to an Austin Enforcement of Court Orders Lawyer from the Evans Family Law Group about your situation and what can be done to enforce the court order so you do not have to hound the other parent to do what the judge ordered.
Child Visitation Enforcement in Texas
It’s not uncommon for a parent to ‘take matters into their own hands’ and deny visitation to their child’s other parent. Suppose the denial, or chronic abuse of visitation terms (sudden rescheduling, tactics of deception), violates a parent’s court-ordered visitation rights. In that case, the denying parent clearly violates the law.
Often, a parent with majority custody of the child may (falsely) believe that they are entitled to manipulate the agreed-upon terms of custody. This is simply not the case. Until a court of law says otherwise, you are entitled (in absolute) to the terms of your child custody arrangement.
Possible Outcomes of a Request to Enforce a Court Order
According to the Texas Family Code, the court has the right to enforce a court order using contempt. This means that the party in question will be required to follow the order from the court or risk being hit with fines and other penalties. Other penalties can include the offending party being sent to jail. In order for a court order to be enforced, you will need to provide as much evidence as possible to prove the following:
- Identify the areas of the court order that the other parent has failed to follow
- Identify the areas of the court order that you wish the court to enforce
- Provide a thorough explanation of the non-compliance of the other person
- Name the relief you are requesting as the party who has been harmed
If you are able to provide information for all of the above that pleases the judge, the judge will then make a decision. The decision will be one of the following:
- The judge will enforce the order
- The judge will hold the party in contempt
- The judge will order restitution for the violations of the court order
There are times when the court order is not clear in its provisions. If this is the case, the court can then clarify the order and give the other parent time to follow the provisions outlined in it before enforcing it.
When you have questions about enforcing a court order in Austin, be sure to talk to the experienced team of Austin enforcement of court orders lawyers at the Evans Family Law Group. We can ensure that the court order in question is enforced to the letter of the law so you do not have to worry about the safety and well-being of your child.
Law Firm in Austin for Enforcement of Court Orders – Evans Family Law Group
The Evans Family Law Group practices law regarding enforcing court orders all over Texas. Our Austin family lawyers each share a passion for upholding any matters regarding family law and protecting the sanctity of childhood. As parents and family members, we understand how important it is to maintain the well-being of your family and are here to offer our years of legal expertise in whatever best serves you.
Contact our Austin Law Office today to learn more about the Enforcement of Court Orders. We are here to make your life easier after a court order is issued. You should not have to worry about the other parent following the instructions laid out in the court order. Our team will fight to ensure the court order is enforced as soon as it is issued by the judge.