When a legal matter is finalized, all of the terms and conditions are put into an order or judgment. If those orders are not followed, the individual who violated them can face strict penalties and severe consequences. If your ex-spouse is not following an order, it is important to contact an experienced lawyer immediately. Alternatively, if you are being accused of not following a court order, you should seek legal counsel immediately since jail time is a possibility.
Denton, Ector and Midland Counties Attorneys Filing Motions For Enforcement
At The Jimenez Law Firm, P.C., our North Texas and West Texas attorneys understand that circumstances in life change. Often, modifications become necessary. Unfortunately, many individuals will “take matters into their own hands” and ignore or intentionally violate an order. There is a wide range of violations, including:
- Removing the child without consent
- Failing to pay child support
- Failing to pay medical insurance
- Failing to pay medical bills
- Failing to pay spousal support
- Violating an injunction related to drinking or using drugs around the children
- Allowing a prohibited person access to the children
Essentially, if there is anything in the order that you feel is not being adhered to, our Flower Mound, Lewisville and Midland-Odessa attorneys can examine your situation and advise you regarding your options for enforcement.
If a Motion for Enforcement has been filed against you, there are certain affirmative defenses that our skilled attorneys may be able to argue on your behalf. These defenses could help you avoid confinement in jail or a serious fine.
Removing the Child Without Consent
Every court order has designated periods of possession. Most court orders designate the parent with whom the children live. This parent, in Texas, is referred to as the primary conservator. The parent who has visitation with the child is referred to as the possessory conservator. Regardless of whether you are the primary or possessory conservator, your rights should be set out in your court order.
Both parents are obligated to abide by the court order; failure to do so may result in a fine or confinement in jail. If the opposing party has kept the child away from you during your designated periods of possession our skilled litigators will do our best to make sure this never happens again.
Failing to Pay Child Support
Every parent knows that children are expensive. Therefore, when the non-custodial parent does not pay child support pursuant to a court order, this can create serious financial difficulties for the entire family. At The Jimenez Law Firm, P.C., we take these matters very seriously.
A motion to enforce a child support obligation may seek any one or more of the following remedies:
- Contempt of court
- Money judgment for delinquent child support
- Withholding support from the obligor’s income
- Requiring of bond or other security for payment
- Revoking an individual’s license
Failing to Pay Medical Insurance
In most cases the non-custodial parent is responsible for obtaining and maintaining health insurance for the children. If health insurance is not available through this person’s employer at a reasonable cost, then the court may order that the custodial parent obtain health insurance through a government assistance plan. In either instance, if a parent was ordered to obtain health insurance and fails to do so, the consequences can be severe.
If your child is injured and requires medical assistance, and health insurance has not been obtained the parent that failed to obtain the insurance will be 100% responsible for any medical expenses. In addition, the same remedies regarding jail time and fines may be imposed.
Failing to Pay Medical Bills
Pursuant to most court orders, a parent must send medical bills to the other parent within thirty days of receipt. At our law firm we strongly recommend sending these bills over e-mail. This will ensure that if and when we have to walk into court for a contested matter over failing to pay these bills we have sufficient evidence. In the alternative, we would recommend that you send the bills certified, return receipt.
Once the medical bills have been sent to the opposing party, that individual has thirty days to either reimburse the parent or pay the medical provider directly.
Failing to Pay Spousal Support
Normally, if spousal support is ordered in the final decree of divorce, the spouse receiving support is depending on this money for basic living expenses. That being said, our litigation attorneys will fight to ensure that you get paid what you deserve quickly.
Violating an Injunction Related to Drinking or Using Drugs Around the Children and Allowing a Prohibited Person Access to the Children
In some instances a court will impose an injunction preventing drugs, alcohol, or individuals to be in the presence of the children. Most courts take these injunctions very seriously. If you have reason to believe that the other parent is violating these injunctions, an aggressive attorney at our law firm can stop these actions immediately.
Contact Our Firm
If you have questions regarding enforcement of orders, contact The Jimenez Law Firm, P.C., by completing the contact form on this website. We offer consultations in English and Spanish and accept most major credit cards for the payment of services.