After all the time and effort you put into finalizing your divorce decree, you hope your family troubles will be over. Unfortunately, many times individuals experience problems with their ex-spouse following through with their legal obligations. Fortunately, if your spouse has violated the terms of your divorce order, the law is in your favor. At the Law Office of Matthew J. Meese, PLLC, we understand how important it is for you that your former spouse keeps to the arrangements made during the divorce process. Our Austin enforcement of court orders attorney can help you petition the court to demand that your ex start living in compliance.
After a divorce, if one of the parties fails to abide by the divorce order, the other party has the right to bring the matter to the attention of the court. The most common way this is accomplished is by filing a motion for contempt, also called a motion to show cause.
A motion for contempt may be filed for a number of divorce decree violations, including failure to:
Pay child support
Pay spousal support
Adhere to a child custody order
Adhere to a parenting plan
Comply with terms of property division
Comply with a restraining order
After a motion has been filed, the court will hold a hearing to determine if the person is guilty of contempt of court.
The party who files the motion for contempt must prove the defendant:
Was aware of the divorce order
Violated the divorce decree
Had the ability to comply with the divorce order
Voluntarily chose to violate the divorce decree
If the judge rules that the person was in contempt of a court order, they can require that person to start complying with the decree. In addition, a judge may penalize the guilty party by ordering them to pay a fine, sending them to jail, suspending their license, withholding tax refunds, and more.
Turn to the Law Office of Matthew J. Meese, PLLC Today
Attorney Matthew J. Meese understands that either party in a divorce may be guilty of contempt of a court order. Our law firm can help you prove to a judge that your ex-spouse has failed in their duty to comply with the terms of your divorce decree.
For qualified legal assistance, call our Austin enforcement of court orders lawyer today at (512) 357-8563.
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M.J.
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T.B.
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