Finalizing a divorce does not always resolve all legal and financial issues. Many people face continued disputes when a former spouse fails to follow the court-ordered divorce decree. Whether the issue involves child support, spousal maintenance, or property division, ignoring these terms can lead to enforcement proceedings. Under Texas law, a divorce decree is a binding court order with legal consequences for violations.
Let’s look at when taking legal action for divorce enforcement becomes necessary and what steps you can take to protect your rights.
Common Divorce Decree Violations in Austin
Divorce decree violations often surface in financial and custody-related matters. Spousal support is one of the most frequently ignored obligations. When alimony payments are skipped, the receiving party may experience financial hardship, especially if those payments were awarded to help maintain stability after divorce. Similarly, missed child support payments are a significant concern, affecting the well-being of children involved. In such cases, seeking help from a child support lawyer is advisable.
Custody violations also fall under enforcement issues. A parent who consistently denies court-ordered visitation or refuses to return the child on time may be held in contempt of court. Legal assistance from a child custody lawyer can help address these violations quickly and through proper legal channels.
When Property Division Disputes Arise
Property division is another frequent area of post-divorce conflict. Under Texas community property laws, marital assets are generally divided in a “just and right” manner unless otherwise agreed upon. But some individuals delay or outright ignore their obligations to divide property.
You may need legal enforcement if:
- Your former spouse refuses to transfer assets such as a car, house title, or retirement account.
- You discover hidden assets that weren’t disclosed during the divorce
In such cases, working with lawyers providing legal support for property division is recommended.
Filing a Motion to Enforce: Process and Remedies
When informal efforts fail, filing a Motion to Enforce in family court is typically the next step. This legal filing must clearly state which part of the divorce decree has been violated, include supporting documentation (such as unpaid support records or communications), and outline the relief requested—whether it’s back payments or legal penalties.
The court may take several actions:
● Possible Court Remedies
- lien on property
- Seizure of financial accounts or tax refunds
- Contempt proceedings, including fines or jail time
● Legal Requirements
- Must cite specific language from the original decree
- Must be filed within time limits (usually two years from the violation)
- Requires personal service to the violating party
Contempt vs. Modification: Understanding the Difference
In post-divorce legal matters, it’s important to distinguish between contempt and modification actions. While both are post-judgment remedies, they serve different purposes:
● Contempt (Enforcement):
- Used when one party refuses to follow a court order.
- The violating party can face penalties such as fines or jail time.
- Common in cases of missed payments or denied visitation.
● Modification:
- Used when a court order needs to be changed due to significant life changes.
- Cannot be used to punish the other party, but to update orders (e.g., income change or relocation).
- Applies to child support modification, spousal support, and custody agreements.
Knowing which legal route to take—enforcement or modification can save you time, money, and stress. A qualified divorce attorney can assess your situation and recommend the appropriate legal strategy.
Protect Your Court-Ordered Rights
The divorce decree is a legal document, one that must be followed by both parties. If your ex-spouse refuses to comply, you are not powerless. Legal action through divorce enforcement can ensure financial obligations are met and custody orders are followed.
At Daniel Ogbeide Law, our team of divorce lawyers in Austin offers strategic legal assistance in enforcing alimony, child support, property division, and custody orders. Whether you’re dealing with a contested divorce, an uncontested divorce, or complex common law divorce issues, we’re ready to help you protect what the court awarded you. Contact us today to schedule your consultation with a trusted Austin divorce attorney.