Post-Judgment Enforcement
Post-Judgment Enforcement
Dallas Divorce and SAPCR Enforcement Attorney
A Divorce Decree or Suit Affecting Parent-Child Relationship (SAPCR) contains provisions that each side is required to follow, whether it relates to child support or medical support obligations, visitation and access of the children, spousal support and the division of assets or debts. Unfortunately, if an ex-spouse has fallen behind or simply refuses to cooperate with provisions in the Decree or SAPCR, diplomacy usually is not effective. Sometimes a party doesn’t adapt well after the case is finished, and cooperate with those court orders, necessitating the filing of another lawsuit.
Attorney Nancy E. Ridgway can help you collect that support or make that unwilling party follow the order as written. Contact our Dallas court order enforcement attorneys to help you!
When a Court Order is Broken
If your ex-spouse does not completely follow the court’s order, you can turn to us to represent you. There are consequences when an ex fails to follow a visitation schedule, pay the required amount of child support, pay spousal support, allows the children’s health insurance to lapse, or fails to turn over property or other assets, or fails to pay off certain debt after being ordered to do so, you may need an experienced attorney to make him or her live up to the court’s orders.
If child, medical or spousal support is more than 30 days past due, we can file to collect, but the court is required to award you attorney fees at the time of judgment (finalization). This is not discretionary as it often is at time of divorce, modification or the finalization of a SAPCR.
How to Enforce a Court Order
As a Dallas court order enforcement lawyer, I will analyze the situation, review your court orders, and find the best way to seek enforcement from the court. While we can streamline the enforcement process, the Family Code and court requires and enforcement attorney to specifically plead the enforcement petition in a certain specific manner.
When you need to enforce your ex’s cooperation with a court order, we may:
- File an Abstract of Judgment to obtain a creditor’s lien on personal property, which can include a specific item or group of items.
- Petition for Writs of Garnishment to obtain funds directly from a bank account or other monetary assets to pay child, medical or spousal support.
- Seek a Turnover Order to acquire property that satisfies a property division judgment.
Many solutions involve using the court’s power to take property or finances directly from an uncooperative ex-spouse. However, some cases of an uncooperative ex can involve child custody, such as an ex who refuses to follow visitation schedules. The court may enforce the order by limiting your ex’s custody rights, revoke certain licenses, refuse to renew their passport, among other things. Texas family law courts take child custody and support violations very seriously and use a variety of severe methods to enforce such orders.
Effective Solutions to Enforcement Issues
Nancy E. Ridgway understands the difficulty of raising a child with an uncooperative partner. As a Dallas enforcement attorney, we will work to get your court orders enforced as originally intended, no matter how stubborn your ex might be. We will fight on your behalf.