Sometimes, even though a Judge has ordered someone to pay child support, turn over property in a divorce case, or allow the children to see the other parent per a set schedule, the party subject to the order fails to follow it as designed by the Judge. Whether the order is a Final Decree of Divorce, a child support order, or an order from a custody case, the Court, in most cases, expects the parties to follow the order.
If you have a valid Court order, and the other party is not following it, you may need to file an Enforcement action requesting that the Court require the other party to follow the order. The most common type of Enforcement case is a child support enforcement. Often, clients hire us because, even though the Judge has told the other party to pay support, they fail to do so. Sometimes, the other party pays no support or does not pay it as ordered. This matter can be brought before the Judge and the Court has a number of methods to assure payment by the party who has the child support obligation.
It may be that you are under an order to pay support but, because of an illness or other reason, are unable to pay support. If a child support action is filed against you, it is important to see an attorney so that the Court can be properly informed of your situation and your rights can be protected.
Child support, and other Enforcement actions, can result in a party who is found to be in violation of an order being sentenced to jail time. Such action by the Court often results in the party in violation resuming the payment of support. However, there are times when a party who is unable to pay support, may be entitled to present a defense to payment.
Whether you are the party seeking to enforce an order, or if you are on the receiving end of an Enforcement action, you need legal counsel. The family lawyers at our office have represented hundreds of family law clients and have represented clients in child support and other Enforcement cases in all of the courts in Denton County, and in courts in Dallas, Tarrant, and Collin counties. We would be happy to meet with you to discuss your case.