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.