During the divorce proceedings, there are plenty of opportunities for both partners to be involved in determining what will happen with the children after the marriage is over. When it’s all said and done, the finalized divorce will lay out exactly who does what with the children when it comes to matters such as custody, visitation, child support payments, and any other matters regarding the children. What happens when one parent decides they don’t want to follow the court orders? It can be a tricky situation that can call for the help of a divorce enforcement lawyer in Austin to advise you on how to handle this matter the right way.

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Is There Any Recourse for Refusal to Uphold Texas Child Support and Visitation Orders?

It can be beyond frustrating to think that you finally have the arguments and unhelpful behaviors behind you, thanks to a court order, only to have the other parent fall into a pattern of not refusing to follow through with paying child support or following the child visitation schedule. Court orders are not suggestions; if one party violates them, there is recourse for the other parent. Notifying the courts of this refusal can put them in contempt of court. Once they have been placed in contempt of court, there are penalties that the courts can enforce to ensure that the court orders are followed in the future. Being in contempt of court may see the other parent paying fines, being jailed, or being put on probation, along with having to pay legal fees.

Requesting Texas Court Order Enforcement

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When dealing with an ex who doesn’t follow the orders regarding your children, it can be frustrating and may make you feel as though you should do something in retaliation, but it’s always best to keep your cool and request for Texas court order enforcement. It’s important to remember that you’ll need evidence to provide to the court to show what the other party is doing. If you are trying to attain evidence for your court case, you may be wondering, “Can your spouse video record you without permission?”

  • First, you’ll want to pinpoint what part of the court order the offending parent has neglected to follow. For instance, if the non-custodial parent was ordered to have visitation every weekend but doesn’t follow the schedule.
  • Then, you’ll need to have a statement and evidence that provides the court with how they are not following through with the court order. For instance, in the case when the non-custodial parent neglects the visitation schedule, you provide detailed accounts of what the visitation schedule was ordered and what schedule they actually keep.
  • Finally, you’ll want to determine what you want the court to do to remedy the situation, such as having court-supervised visits.

Examples of Violating Child-Related Court Orders

The courts will help you enforce any court orders relating to your children when there are violations by one parent. Some examples of court order violations include:

  • The parent is not making child support payments, even if it’s only one payment.
  • The parent is not providing medical insurance or compensation for insurance premiums.
  • The parent is not paying for medical care.
  • The parent is not allowing the other parent to have their court-ordered visitation.
  • The parent missed their court-ordered visitation.

These are just some examples of court orders that can be enforced when one parent doesn’t follow through with their responsibilities after a separation.

What Could Happen If I Seek Enforcement of a Court Order in Texas?

Once you’ve brought it to the court’s attention that one parent is ignoring the court orders, there are a few options for the judge to take. The judge can enforce the order. They can put the other parent in contempt of court. The judge can also order restitution based on their decision. In addition, if the court order needs to be adjusted, such as being unclear, the judge can provide clarification and give time for the order to be followed before ensuring it’s enforced.

Contact an Experienced Texas Divorce Enforcement Lawyer Near You

If you are looking for an Austin divorce enforcement lawyer, contact Eric M. Willie Austin Divorce Lawyer at (512) 748-0834 or use our online form. Utilizing a divorce enforcement lawyer in Austin to assist you in your endeavors to have your court order enforced can be beneficial. You may not understand what you should be asking for when it comes to seeking enforcement of a court order or what type of restitution you can ask for from the courts to compensate you for your ex not following through on what they were supposed to do per your divorce agreement. An experienced Austin divorce enforcement lawyer near you can provide the advice you need to ensure that your court order is upheld.

In a marriage, both parents are expected to do their part in raising the children, which doesn’t change when the parents are divorced. Court orders are enacted to ensure that both parents do their fair share regarding parenting. When your ex isn’t following through, it’s essential for you to keep track of the violations and seek enforcement for your court order. Contact the Eric M. Willie, P.C. team today to discuss how your ex is not upholding their end of any child agreements or orders put into place after your divorce. Our team understands that these orders going neglected can make your life harder, and we’ll work on your behalf to get these orders enforced by the courts.

Reviews of Our Top-Rated Austin, Texas Divorce Attorneys

“This firm represented me in my divorce for almost a year and we won all of our hearings. Mr. Willie is an outstanding attorney who know the ins and outs of both family law and the court system. You couldn’t ask for a better lawyer. Highly recommend.” – Valorie Bravo

“I met with Eric and the hospitality was great. He broke everything down to me perfectly and I greatly appreciated it. He is willing to fight for everything you want to accomplish during your tough times. I would definitely recommend him to anyone needing a Family Attorney!” – Christopher Colter

“I found Mr. Willie both competent and professional. His strategy to address a modification petition was sound and successful. What impressed me most was his matter of fact way of analyzing the issues. He was candid and kept things simple as well as understandable. No confusing legal talk, just a clear, direct and sensible manner of approaching the conflict. Further, if you’re looking for a lawyer that will go the extra mile, Eric Willie is your man. We encountered a filing issue due to the COVID shutdown and he stayed with it until completion, proving himself a loyal and devoted attorney. I remain grateful for Mr. Willie’s services and would recommend him for any family law proceedings.” – Freddy Erdman

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