Helotes Decree Enforcement Lawyer

The Divorce Decree & How to Enforce it

Divorce decrees and custody orders mean nothing if they aren’t enforced. Whether child support, possession and access or property division, it is critical that when orders aren’t followed, that you can go to court and get actual relief. Enforcements can be challenging as they often require personal service. Additionally, the Courts take holding persons in contempt very serious and require precision with pleadings and presentations of evidence. The attorney is required to have all I’s dotted and T’s crossed and be fully prepared when going to court and addressing claims of enforcement.

“My Daughter’s father would ignore the divorce decree. he did not bring her to me on time and made me late for appointments. I finally got some minutes to meet with Beau. He help me. I also got my legal fees paid after court. Life is a little easier now.”

- Alejandra V

Decree Enforcement Frequently Asked Questions

How do I enforce when the other parent won’t give me my court ordered time with my child?
It’s important to do several things. First, make sure you go to the location spelled out in your order where the child exchange is supposed to take place. If the other party refuses to release the child/children, then make a police report. Do not rely on a text message from the other party stating they won’t release the child or children. You need to follow your steps to have the best chance at holding the other party in contempt. Second, keep great notes and a timeline of violations. You have to prove with specificity the violations to get the relief you’re seeking.
Can someone go to jail if they don’t follow the divorce decree or custody order?
They certainly can although it is relatively rare. What often happens is the court places the party that they hold in contempt on something called ‘deferred commitment’ where the judge monitors their compliance with the case going forward. If the party continues to defy the court’s orders, jail time becomes more and more of a possibility.
My ex isn’t paying his child support, what can I do?
Child support is the easiest order to enforce. Hire a competent lawyer. All you have to do is provide the date the support was supposed to be paid, the amount and whether it was paid or not. Oftentimes, the Office of the Attorney General will have a pay record that you can get all the information from and make the enforcement even easier. After it’s filed, personally serve the respondent and go from there. Attorneys fees are mandatory in these cases if proven correctly.
I’ve heard you have to personally serve people to enforce court orders. What happens if I can’t find them?
You are required to personally serve someone enforcement petitions in Texas relating to child custody and child support. At a certain point, hire a PI. In today’s world of social media and cell phones it’s getting more and more difficult to hide. Stay diligent and you’ll find them.

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