Family Law Enforcement and Contempt Actions
A divorce decree is not just a binding legal document, it is a court order. A party’s failure to comply with certain terms of the decree can give rise to a legal cause of action, a suit to enforce the court’s order. Failure to respond to an enforcement action can have serious negative consequences — including fines, changes to the divorce decree in favor of the other party, and even jail time.
Enforcement actions as contempt of court are used most commonly when one parent is not paying child support or refusing to allow scheduled visitation time. Child support or child custody enforcement actions between parents often quickly spiral out of control into hotly contested litigation. Early legal advice — regardless of which side of the enforcement action you are on — can save both time and financial resources. More importantly, early intervention may allow you to engage in constructive planning with the other parent, rather than litigation.
The Houston, Texas, family law firm of Myres, Dale & Associates, P.C., regularly handles enforcement actions on behalf of clients both locally and in other jurisdictions. Our experienced family law attorneys are available to provide immediate help in emergency situations and strategic guidance in more complex cases.
Multistate Enforcement Actions
Texas courts are generally required to honor court orders and divorce decrees from every other state. Nevertheless, enforcement actions that cross state lines involve intricate legal decisions and long-distance negotiation. How do you enforce a New York child support order in Texas? How do you enforce a Texas child support order against a parent who has relocated to Virginia? It is important to comply with the laws of all states involved.
Defense Against Enforcement Actions
If you receive notice that you are in contempt of court for violating the divorce decree, it is critically important to seek immediate legal advice. Ignoring the notice can have serious negative consequences, including fines, removal of visitation or child support privileges, and even jail time in serious cases.
Our lawyers will review the grounds stated in the motion for contempt and analyze the proper response. Whenever possible, we negotiate settlements in order to minimize the cost and publicity of defending an enforcement action in open court. However, in cases where the stated grounds for the enforcement action are without merit, we have the trial skills to aggressively defend our client's position.
Contact Myres, Dale & Associates, P.C.
We have immediate appointments available. To schedule a confidential consultation with one of our attorneys, call toll-free 866.506.1221 or use our online contact form.
