We often assist clients who seek to enforce those agreements made in a divorce decree or a paternity case. All too often, parties will make empty promises to end a divorce case and then fail to carry those promises through. When this happens, your remedy is to file an enforcement action to recover property awarded to you in a decree or monies owed from missed child support payments or spousal maintenance. The next issue becomes what remedy is available to the Court to ensure you get what you rightfully deserve. Is it civil contempt where you ask for the court to order delivery of property? Or, is it criminal contempt where you are asking for the other party to be incarcerated for their failures? We do represent clients in enforcement cases involving parents who fail to make child support payments. We also represent clients involving parents who refuse to abide by custody and visitation agreements. This can happen when a party refuses to surrender a child for the other party’s period of possession. Enforcement actions are very technical and any enforcement pleading must be drafted with specificity to ensure a chance for recovery. You will never get to the merits of your case should your motion not be in proper form. Our skilled family lawyers are experienced in evaluating and prosecuting motions for enforcement.
Additionally, the Texas Family Code provides a vehicle for instances where a person fails to disclose an asset in a divorce case and that asset is never divided by agreement or the Court. These undisclosed assets can have significant value and are divisible by the original trial court. Often, in cases of non-divided assets at divorce, evidence is King. Courts will often look unfavorably to any party who is a bad actor. These non-divided assets can include stocks, pensions, employee bonuses, or real property for example. If you believe that this is your situation, then protect the evidence and confer with your lawyer.