Enforcement of a Court Order

A motion for enforcement may be filed to enforce a court’s order; this can include a divorce decree or a SAPCR order (including child support, child custody or visitation orders). The person who files for an enforcement is called the Movant. The person who is served with, and allegedly violated the order, is the Respondent. The Respondent (the party against whom enforcement is sought) has a right to receive notice of the suit and must file a written answer.

Texas law contains some very specific restrictions on the type of relief a party can seek from a court in attempting to enforce a property division. It is advisable to speak with an attorney to see what your options are if your ex-spouse is not following the court’s order related to the property division. 

With regard to enforcing orders related to children, it is important to keep good, accurate documentation with regard to when violations took place. It is essential when filing to motion for enforcement to have very specific allegations based upon accurate documentation. The motion must be signed by the movant or the movant’s attorney and must state the provision of the order that has allegedly been violated, how the respondent has violated the order, and the relief sought.

In a case involving enforcing a child support order, the motion must also state the amount owed as required by the order, the amount paid (if any), and the exact amount of the arrearages. Seeking contempt requires additional layers of specificity and precision in the movant’s pleadings. It is important to speak with an attorney regarding these matters. 

Moreover, a respondent has various defenses and particular affirmative defenses under the law which he or she may plead in enforcement actions. It is important to have an understanding of what the law requires and allows. The Stanley Law Office handles enforcement matters and can advise a respondent on how to proceed and protect his or her rights. 

Depending on the severity of the violation and the likely outcome, it may not be advisable to seek enforcement. However, you should not simply assume that you do not have a case. Seek the advice of an experienced attorney to gain a better understanding of what rights you actually have.

Areas Served

Burleson Family Law Attorney

Attorney Patricia L. Stanley founded this solo practice with a commitment to set the standard for family law in the Johnson and Tarrant County Area. The Stanley Law Office is a local office in Burleson, Texas proudly serving both Johnson and Tarrant Counties.  Mrs. Stanley, a Burleson and Johnson County divorce attorney, is knowledgeable and aggressive in protecting your rights under Texas law. If you have been served papers or would simply like to consult with a divorce lawyer, call the Stanley Law Office for more information.

If you have come to the conclusion that you need to speak with a family law attorney, you are most likely suffering through an emotional and stressful time in your life. Although it will be difficult, it is important to handle your case in a business-like manner. The advice from an experienced family law attorney like Patricia L. Stanley can help. The Stanley Law Office dedicates the bulk of its practice to divorce and other family law matters.

Divorce is a highly emotional situation and a major life event. At the Stanley Law Office we approach all family law matters with compassion, but at the same time never forgetting to aggressively protect your rights and assist you in doing the right thing for your family. If you need an experienced lawyer for divorce and separation; alimony or spousal support, court-ordered modifications, enforcements, and other family law matters, the contact The Stanley Law Office today!

Patricia L. Cooke, Attorney at Law

Our Practice Areas

Patricia L. Cooke, Attorney at Law, in Burleson, Texas dedicates the bulk of its practice to divorce and other family law matters.