San Antonio Enforcement Attorney

Working with You to Enforce Court Orders in Texas

During family law cases, courts often issue legally binding orders to the parties involved. Unfortunately, it’s not uncommon for individuals engaged in a legal arrangement (like a child custody, child support, or alimony order) to ignore the terms of the contract.

If you’re involved in a court order, and the other party refuses to comply with those terms, you may need to file an enforcement case against that party. Our San Antonio enforcement lawyer will work with you to help you pursue order enforcement and ensure your court order is upheld.

How Does Order Enforcement Work in TX?

In Texas, there are two primary ways individuals can enforce the terms of a court order. You can file:

1. A motion for contempt, or;
2. A motion for enforcement.

Each type of motion serves a different purpose.

Generally, motions of contempt can be used to hold an individual accountable when they violate the terms of a family law court order in a significant way (such as refusing to pay for child support or medical expenses for a child).

If the court approves the motion, each violation the defendant (the party being held in contempt) commits counts as one charge of contempt.

Penalties for contempt can include jail time, however, courts generally prefer to hold individuals accountable in other ways. Many contempt charges stem from a failure to pay child support or alimony. As such, enforcing a fine or jail sentence against the defendant often fails to resolve the issue. Instead, the court may decide that taking actions such as:

• Ordering the defendant to repay any missed support or alimony payments;
• Placing a lien on their assets to repay missed payments;
• Putting the defendant in contact with Texas employment services;

Or other actions the court thinks could remedy the situation.

After filing a motion for contempt, both parties involved in the motion must attend a court hearing. At the hearing, the judge will decide whether the plaintiff’s (the individual filing the motion) claims have merit. If the court sides with the plaintiff, they’ll charge the defendant with contempt and administer penalties the court believes can remedy the situation.

However, filing a motion for contempt isn’t always necessary. In some situations, the defendant may technically fulfill specific terms of the order but disregard others (such as a requirement to attend therapy with a child).

Under such circumstances, filing for a motion of enforcement may be more appropriate. Motions of enforcement carry less serious legal penalties than motions of contempt and enable the court to legally request that a defendant fulfill every term of a court order or face further consequences. If you don’t want to escalate to a motion for contempt, a motion for enforcement may be what you’re looking for.

How Our Enforcement Lawyer Can Help You

Here’s how we can assist:

• Legal Analysis of Your Case: We carefully review your court order or agreement to identify violations and determine the most effective enforcement strategy. Whether the issue involves unpaid child support, withheld visitation, or another non-compliance, we ensure every detail is addressed.
• Filing and Pursuing Enforcement Actions: We handle all aspects of the enforcement process, from filing the necessary legal documents to representing you in court. Depending on the nature of the violation, we may seek remedies such as wage garnishments, property liens, or even contempt proceedings that could result in fines or jail time for the non-compliant party.
• Negotiation and Mediation: In some cases, it may be possible to resolve enforcement issues without extensive litigation. We are skilled negotiators who can help reach a resolution that ensures compliance while minimizing conflict.
• Protecting Your Rights and Interests: Whether you are seeking enforcement or defending against an enforcement claim, we provide dedicated advocacy to protect your rights. If you are accused of non-compliance, we can help you present evidence to explain your circumstances or argue for a modification of the existing order if it has become unworkable.
• Custom Solutions: Every family law case is unique. We tailor our approach to fit the specific details of your situation, providing practical solutions that align with your goals and the best interests of any children involved.

Contact Our Enforcement Lawyer in San Antonio Today

If you are dealing with the frustration and complications of court order violations, The Law Office of Derek S. Ritchie, PLLC, is here to help. Enforcement matters require swift and decisive action to uphold your rights and ensure compliance with the law. Contact us today to schedule a consultation with our dedicated San Antonio enforcement attorney. Call us now or complete our online form to take the first step toward enforcing your legal rights.

At The Law Office of Derek S. Ritchie, PLLC, our San Antonio enforcement attorney can take the necessary steps to help you enforce a currently existing support order. Contact us today!