In a best-case divorce scenario, you and your ex move forward afterwards, resume or rebuild your lives, and abide by the terms of the decree. But what happens if your spouse fails to comply with their court-ordered obligations? In cases like this, you’ll need to file a motion to enforce the divorce decree.
Enforcing a divorce decree in Texas comes with its share of questions, including, but not limited to:
- When do I need to file a motion to enforce a divorce decree in Texas?
- How do I file a motion to enforce a divorce decree in Texas?
- How do I enforce a divorce decree from a different state?
- What are the remedies to enforce a decree of divorce in Texas?
Continue reading to discover the answers to each of these questions.
What is a Divorce Decree?
A divorce decree is a court-issued document that marks the legal end of your marriage. The decree spells out the terms and each person’s obligations following the divorce. In an uncontested divorce, the couple reach a mutually agreeable decree. In a contested divorce, the decree is—you guessed it—contested. If either person violates or fails to abide by the terms and obligations, he or she can be found in violation. At this point, the impacted person can file a motion to enforce the decree.
Filing a Motion to Enforce a Divorce Decree in Texas
You have two years from the date on which your decree was signed by the court to file a motion to enforce a divorce decree in Texas. The exception to this rule would be if a term in the decree involves an action that takes place at a later date. In this instance, the two-year period to file a motion would begin on the date that action occurs. For example, a decree might divide the proceeds from the sale of an asset (such as a house or car) that is sold two years after the divorce. If your ex-spouse sells the asset but doesn’t provide you with your share, you would have two years from the date of the sale to file a motion to enforce the divorce decree.
The following are a few options available to file a motion to enforce a divorce decree in Texas:
- File a Motion for Civil Contempt of Court
You can file a motion for civil contempt of court if your ex-spouse fails to comply with the terms set forth in the court order, such as failing to pay child support or alimony. This may include a fine of not more than $500 and/or confinement in the county jail for up to six months.
- Seek Criminal Non-Support Charges
While situations involving families and post-divorce payments are handled administratively or in civil court first, the matter can escalate into a criminal matter as well.
Under Texas Penal Code 25.05, a person commits the offense of “criminal non-support” if he or she “intentionally or knowingly” fails to provide support for their child. Criminal non-support is a state jail felony punishable by six months to two years in a state jail facility and a maximum $10,000 fine.
- Pursue Collections Procedures
If you’re awarded a judgement for non-payment, you may be able to receive your payments through collections procedures in which you receive the money owed to you through confiscated tax refunds, bonus checks, or additional methods such as levying the guilty party’s bank account.
Each person’s situation is unique and requires a thorough understanding of the details to determine the best route forward. Contact Carrington Smyth PLLC today to speak with a family lawyer about your situation today.
Enforcing a Divorce Decree from A Different State
Enforcing an out-of-state divorce decree can be accomplished via the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Uniform Family Interstate Support Act (UFISA).
The Uniform Child Custody Jurisdiction and Enforcement Act
The UCCJEA allows the parties involved in a child custody arrangement to determine the state of jurisdiction for making the initial custody determination. Determining the state of jurisdiction can be accomplished by evaluating the following:
- The child’s home state
- The jurisdiction where the child and their parent have a “significant connection” with the state
- Any state that has an appropriate connection with the child
Under this act, the state that made the initial custody determination maintains exclusive jurisdiction for all child custody matters unless either of the following is determined:
- The child and parent do not have a significant connection with the state and there is no evidence regarding their custody determination in the state
- A court finds that the child and both parents no longer reside in the state
The Uniform Family Interstate Support Act
The UFISA allows state courts to enforce out-of-state child support order against a resident of the state who was divorced in another state. This act allows a state court to treat an out-of-state order as if it had been issued within the state’s jurisdiction.
Remedies to Enforce a Decree of Divorce in Texas
If you’ve filed a motion and it’s granted by the court, there are a number of remedies to enforce a decree of divorce in Texas. The following are possible remedies that can be prescribed:
Clarification Order
The court makes a clarification order to clear up any ambiguity or clarity in the previous order. The court will also provide a reasonable period for enforcement of the clarification order.
Delivery of Property
The court awards delivery of specific property to an individual, including money, or the equivalent.
Money Judgment
The court orders a financial judgement for damages caused by violation of the divorce decree.
Attorney Fees and Costs
The court requires the person in violation of the decree to pay attorney fees and costs to the other party.
Turnover Order
The court orders the ex-spouse in violation to turn over all non-exempt property, documents, and records due to the other person. The court can impose a turnover order of property based on the following conditions:
- The person in violation of the decree owns the property
- The property can’t be seized by ordinary legal measures
- The property is not exempt from attachment, execution, or seizure for the satisfaction of liabilities
Contempt
The court finds the violating person in contempt of court for disobeying the decree, which can be accompanied by fines, probation, or jail time.
Suit for Breach or Suit for Declaratory Judgment
The court determines a breach of contract or declaratory judgement.
Enforcing a divorce decree in Texas provides the opportunity to resume your life with the necessary support granted to you by the court. Contact Carrington Smyth PLLC today for answers to your questions, information about your options and rights, or to begin the process of enforcing your divorce decree.