Laredo Court Enforcement Lawyer
Enforcing Court Orders in Laredo & Corpus Christi, Texas
A divorce is not only a major emotional undertaking, but also a major legal undertaking. That means that after the divorce is finalized, both you and your former spouse will have legal responsibilities. If either of you fails to comply, a judge can compel you to.
If your former partner refuses to comply with a divorce order, the first step is to hire a qualified Laredo court enforcement lawyer to help you file a claim. You need someone on your side.
While many aspects of divorce have to do with relationships, two of them are enforceable by the court. These are finances and issues to do with the children.
Need help getting started? Call (956) 476-3337 or schedule a consultation online!
Division of Property Enforcement in Laredo
When you get divorced, the court determines how assets and debts are split. It is then your responsibility to follow through on these orders—to sell things that need to be sold, fill out the necessary paperwork, and pay off debts. In some cases, people are confused about how they are supposed to comply with the divorce decree. If specific details are not outlined, and the two parties are in disagreement, they can request a clarifying order.
However, if your ex-spouse fails to do the things that they need to do, you can ask a judge to enforce the decree. You will need to do this within two years of the divorce. That is why it is vital to make sure you are timely in filing a suit if they have not sold property, refused to grant you your portion of shared assets, or failed to pay off debts. However, you do need to wait at least 30 days after the finalization of the divorce to file for enforcement.
If the ex-spouse does not comply with the court order, you can file for delivery of property. That means that the court will order the delivery of property. If they do not comply with that order, the court can award you a money judgment. Finally, you could draft an order of contempt. Someone found in contempt of court can be ordered jail time or fines. Ultimately, you deserve your half of the property, and the court will do their part to make sure you receive it.
Child Custody Enforcement
Custody orders are not open to interpretation and should not be ignored. They are legally enforceable, and that means that a parent who refuses to obey the order can be held in contempt. This can result in fines and even criminal charges or loss of custody. If you are divorced and your ex-spouse is refusing to comply with the child custody order, you can file a Motion for Contempt. This serves to enforce the order and holds your ex in contempt of court.
It is important to document every violation of a custody order and to talk to an attorney about your rights. After you file a motion with the court, which must include detailed information regarding each violation, a court hearing will be held to determine if there is sufficient evidence of the alleged violations. Having a Laredo custody enforcement lawyer on your side can help ensure that your voice is heard, and your spouse is held responsible.
Child Support Enforcement
As with custody, child support orders are legally binding and enforceable. If your spouse is not paying support as they should, you can enlist the help of the court to get them to pay. The consequences of failing to pay child support may include wage garnishment, liens, suspension of state licenses, and being held in contempt of court, which can result in criminal charges. A person who owes more than $2,500 in child support is also ineligible to receive a U.S. passport. People who owe more than $5,000 in child support may be publicly identified by the Office of the Attorney General.
Nonpayment of child support is taken very seriously in Texas, and at the Law Offices of Rudy Santos, L.L.C., we take it seriously too. We are here to help ensure you have the support you need to care for your child or children.
Enforcement of Spousal Support
Failing to pay spousal support, often referred to as alimony, is a serious offense. Because spousal support is paid based on a court order, failing to pay may mean that a person can be placed in contempt of court by a judge. This has consequences like fines or even jail time.
There are situations, however, where a significant change in circumstances makes a modification of custody or support a valid thing to request. This must be done through the proper channels to avoid being held in contempt for failing to follow a court order. Our attorneys can help with modifications and enforcement, helping you deal with whatever changes life has put before you.
If you need help with enforcement or any divorce or family law matter, our Laredo court enforcement attorneys are here to help. Give us a call at (956) 476-3337 today!