In Texas, courts have the authority to issue temporary and final orders in family law cases. These orders govern issues such as child custody, child support, and spousal support, and they are legally binding. But what happens if one party fails to comply with the order? Can a court enforce a temporary or final order?
The answer is yes. Under Texas law, a court may enforce any provision of a temporary or final order rendered in a suit. As stated in Section 157.001 of the Texas Family Code, “The court may enforce by contempt any provision of a temporary or final order.”
This means that if one party fails to comply with a court order, the other party can file a Motion for Enforcement to ask the court to enforce the order. As stated in Section 157.002 of the Texas Family Code, a Motion for Enforcement must “identify the provision of the order allegedly violated and sought to be enforced; state the manner of the respondent’s alleged noncompliance; state the relief requested by the movant; and contain the signature of the movant or the movant’s attorney.”
It’s important to note that a Motion for Enforcement must be filed in the court of continuing, exclusive jurisdiction. This means that the Motion must be filed in the court that issued the original order. In addition, a Motion for Enforcement must be filed within certain time limitations, depending on the nature of the order being enforced.
Overall, the answer is clear: courts in Texas can enforce both temporary and final orders. If you are dealing with a situation where the other party is not complying with a court order, it’s important to seek the assistance of an experienced family law attorney who can help you file a Motion for Enforcement and navigate the legal process.
At The Blacknall Firm, our attorneys have the knowledge and experience to help you protect your rights and ensure that court orders are enforced. Contact us today to schedule a consultation and get started on your case.
