Texas Enforcement of Family Court Orders

Enforcement of Texas family court orders is a critical process after court proceedings for ensuring compliance with rulings a judge signs related to child custody, child support, spousal support, spousal maintenance, and visitation rights. When a party fails to uphold their obligations under a Texas family court order, the legal system provides several enforcement options, including filing a motion for contempt, wage withholding, and seeking assistance from the Texas Office of the Attorney General. Understanding how to enforce family court orders in Texas helps protect your rights and ensures the well-being of your children, whether you need to collect overdue child support, enforce visitation schedules, or address violations of a divorce decree.

Some approaches may be simple enough for certain people to handle on their own, while others may require the assistance of a Texas family law attorney. To help, we’ve provided answers to important questions about the enforcement of family court orders in Texas.

What are family court orders?

Family court orders come from rulings made during cases that can involve divorces, child custody, spousal support, and other family issues. Most family law matters are heard in district courts, although county courts at law hear some as well. Some child support cases are heard in a specialty court, which offers treatment instead of incarceration.

Legal proceedings involving children are called a Suit Affecting the Parent-Child Relationship (SAPCR). SAPCR orders cover child custody, visitation rights, support payments, and more. The court rules in the best interests of the child.

What types of orders can a court enforce?

In the context of family law, the court may enforce orders dealing with a variety of matters. Issues eligible for enforcement actions include:

• Child visitation orders and rights for the noncustodial parent
• Property division ordered by a court in a divorce
• Spousal maintenance (alimony)
• Child custody orders

Child support payments are handled by the Office of the Attorney General, but issues can also be addressed through the court.

How does a court enforce an order?

This depends on the situation, but it’s often dealt with through a contempt of court charge. The court can impose both jail time and a fine for the respondent violating the SAPCR or any other temporary order that the court has issued. Non-compliance with most issues in a court order is enforceable.

What do I need to file a contempt of court complaint?

Either you or an agency files the contempt complaint in the court with exclusive jurisdiction (where the family order was issued). You’ll need the correct forms for your particular SAPCR. It’s important to make sure your complaint addresses an issue defined in the SAPCR.

What about child support payment issues? Should I file a contempt charge or go through the Attorney General’s office?

For child support enforcement, the state of Texas recommends you work through the Office of the Attorney General. They have powers the courts don’t, such as seizing money from tax returns and lottery winnings to pay overdue support. They can also initiate an Income Withholding for Support Order (IWO), which takes money from the obligor’s paycheck.

The office tends to fall behind due to the sheer number of cases it’s handling, so you can address the issue in a courtroom instead. The court can impose an IWO and other measures, including:

• Suspension of the non-paying parent’s driver’s license or other professional licenses and certificates
• Placing a lien on properties, bank accounts, retirement plans, and other assets

While legal assistance isn’t required for filing contempt charges, Texas recommends it. A Texas family law attorney can offer legal help.

If a party is found in contempt of court, will the judge always send them to jail?

No. If the party is employed, sending the party to jail may make payment more difficult or even impossible. A judge may suspend the jail sentence and instead impose conditions such as a new payment schedule, supervised visitations, or a change to the custody agreement.

While contempt can land a defendant in jail, the court can order community supervision (probation) for up to ten years. This can require that the defendant:

• Pay all back child support and attorney’s fees
• Attend financial counseling classes
• Obtain substance abuse treatment
• Seek employment services (if unemployed)

When a jail sentence is suspended, the judge will order the party to appear in court at a later date to determine if the party has obeyed the conditions of the suspended jail sentence. If they have not, the party may face jail time for contempt.

What are the penalties for contempt of court?

Someone convicted of contempt faces a fine, jail time, or both. The fine is up to $500. Jail time is up to six months, with a cap of 18 months for criminal contempt charges from the same matter. Civil contempt charges can end sooner if the defendant remedies the outstanding issue, such as paying the amount of support owed.

Are there any limitations on what orders can be enforced by contempt?

Yes. In divorce cases, it’s common for the decree to include orders requiring a party to pay specific debts, liabilities, or obligations. Such an order is not enforceable by contempt because the law does not allow a party to be imprisoned for non-payment of a debt.

Child support is enforceable because it is not considered a debt. Under Texas law, child support is a duty all parents owe to their children.

Texas Enforcement of Family Court Orders: Summary

The table below reviews and explains how Texas enforces family court orders.

Texas Enforcement of Family Court Orders: Related Resources

• Texas Family Law Section – FindLaw
• Texas Family Law Court Forms – Texas State Law Library
• Texas Law Help
• Texas Child Support and Custody Guides
• Texas Protective Orders Laws
• Dallas Volunteer Attorney Program

Get Legal Help Understanding a Texas Family Court Order

Violating a family court order occurs in situations such as parents being late dropping off children or not paying a child support order. If you are a parent who needs help with a family law case involving issues such as visitation enforcement or child support obligations, a Texas family law attorney can help.

It’s never good when law enforcement gets involved in your co-parenting decisions. If you’re facing contempt charges for issues stemming from a family court order, speak to a Texas criminal defense attorney. They’ll explain your options and stand as your legal representation through all court proceedings.