How to Legally Enforce a Divorce Decree in Texas so You Can Get What You’re Entitled To

When a divorce is finalized, there is a final order called a divorce decree. This decree outlines what each of the parties is to get as part of the property division settlement, as well as other terms, such as child support orders and child custody agreements. A divorce decree is a court order, which means both parties must follow it.

However, it’s not uncommon for someone to refuse to follow the divorce decree, whether it’s to willfully cause the other person problems or because they are unable to fulfill their responsibilities. Fortunately, there is a process through which you can ask the courts to enforce the divorce decree to compel the other party to cooperate.

Common Violations of Divorce Decrees

When one person refuses to follow the divorce decree, it usually involves either the transfer of property, money, or the children. Some of the more common situations that may require enforcing a divorce decree include:

  • Nonpayment of child support or spousal support
  • Failing to transfer property, such as funds held in a retirement account
  • Failing to sell property so that the proceeds can be divided
  • Denial of parenting time, sometimes also called custodial interference
  • Refusing to refinance joint debts
  • Refusing to sign required documents for any of the above

Sometimes, the violation isn’t intentional. It’s not unusual for people to forget or misplace things when they are dealing with the aftermath of the divorce. It’s also sometimes possible for something else to be standing in the way. For example, if your divorce decree indicates that a vehicle needs to be refinanced into one person’s name but that person can’t secure financing, it can lead to noncompliance. It can be helpful to understand what’s behind the noncompliance before deciding how to move forward with enforcement.

What Does Decree Enforcement Mean?

When you ask the courts to enforce a divorce decree, you are essentially requesting that there be some negative legal repercussions if the other party continues to refuse to comply. It’s also important to note that you must request this enforcement. The courts do not automatically follow up to ensure that the divorce decree has been followed.

Keep in mind that enforcing a divorce decree through the court system isn’t a quick process. It can still take several months to see any payments or property that you are due. If the issue involves interference with parenting time, it can require an entirely new parenting plan.

4 Ways to Enforce a Divorce Decree in Texas

There are a few options to enforce a divorce decree in Texas, and talking to an attorney is the first step in all of them. A lawyer can evaluate your case and help you determine which of the options below is the most likely to result in a positive outcome.

1. File a Motion for Contempt

The first step if someone is not following the divorce decree is generally to file a motion for contempt. This alerts the judge that the decree is not being followed and schedules a hearing date. At the hearing, both sides will get a chance to speak, and the party not in compliance will have a chance to explain why. The judge will then make a decision on how to proceed. It’s common for the judge to provide a certain deadline, generally a few months away, for the noncompliant party to remedy the situation. If there is no progress at that time, the judge can hold the person in contempt, which can result in fines and even jail time.

2. Consider Mediation

If there is a specific reason that the decree is not being followed, mediation may be helpful to come up with a compromise to change the arrangement if possible to make it work for both parties. For example, if someone is unable to get sole financing, the agreement may need to be amended to allow for a more realistic solution.

However, this may not work in all cases, and mediation is often unsuccessful in situations where someone is not following the divorce decree because it demonstrates a lack of collaboration and cooperation.

3. Pursue Criminal Charges

If someone intentionally does not pay their child support, they can be charged with criminal nonsupport. To be eligible for this offense, the person must have knowingly and intentionally refused to pay. This charge is a state jail felony and is punishable by up to 2 years in jail and a fine of up to $10,000 in addition to the child support that is in arrears. Keep in mind that if someone is arrested and jailed for criminal nonsupport, they are not going to be able to work a job or bring in income to be able to meet their support payments, so this is generally a last-resort option.

4. Start Collections Procedures

Once you have a judgment against the other person that shows that they owe you payment, you may be able to force them to pay by going through a collections process. The person’s wages, tax refunds, and other payments can be garnished until the payment has been made in full.

If your ex is refusing to abide by the terms of your divorce decree, call Morgan Bourque Attorney at Law at 713-766-3733. Our office in The Woodlands is here to help clients understand what options they have and provide legal representation as they pursue action through the court system.