When a judge issues a divorce decree in Texas, the court expects you and your ex-spouse to follow everything outlined in the final order. However, not all parties follow the terms outlined in the decree.
We understand it can be frustrating to see your former spouse disobey court orders while you try to abide by them. With that in mind, is there anything you can do about your ex’s failure to comply with divorce decree orders?
There are several ways you and an experienced family law attorney can address your ex’s choice not to follow court orders. Each path has unique benefits and drawbacks. As a result, it is important that you carefully consider how to proceed before taking any action.
Let’s review how to address your spouse’s failure to comply with the orders.
Questions Courts Consider With a Failure to Obey Orders
Courts have ample latitude in Texas to decide what to do with parties who do not follow their orders. Before the court takes any action, the judge will consider some or all of the following:
- Whether the violation appears deliberate or accidental
- The clarity or confusion of the order the person violated
- How much the violation impacts the other party’s rights and interests
- If the violation impairs or delays further proceedings in the case
- Whether the violator has a history of disobeying court orders
- The need to uphold the court’s integrity and authority
You and your divorce lawyer should review these issues before taking action. For example, if your spouse was ordered to pay spousal support and mistakenly sent the first few payments to the wrong address, the court may not consider that an intentional violation worthy of court intervention.
In this case – or similar situations – your ex’s failure to comply with a divorce decree may not lead to the outcome you desire of enforcing the original order for spousal maintenance. Before you and your attorney spend crucial time and resources on this issue, consider the intentionality of the violation.
Situation: The Violation is Isolated and Not Deliberate
In instances where your ex has accidentally violated a minor court order that does not impair your rights, the court may not take any action beyond a reprimand. This is likely to happen if the violation is an isolated incident rather than a pattern of behavior.
For example, suppose that the court ordered your ex to provide health insurance cards for your minor children within 30 days. After 45 days, your ex gives you the cards and apologizes for the delay. In such a case, the court is unlikely to take any action unless the delay seriously endangers your children’s health and well-being.
Situation: The Violation is Purposeful or Demonstrates a Pattern
The more intentional the violation, the more likely it is the court will take action against your spouse. Courts will also act when someone repeatedly violates court orders. A judge may reprimand the offender in court, rule they should be held in contempt, fine them, or even order jail time.
For example, suppose that your ex-spouse is supposed to return your child at a certain time after visitation. Visitation ends every Sunday at 6:00 p.m. However, for months, your ex has returned your child after 6:00 p.m. A court will likely take action in this situation, such as by fining your ex or adjusting the visitation plan to limit parenting time.
Options for Failure to Comply With Divorce Decree Orders
At the end of the day, you have options when your spouse has failed to comply with your divorce decree. When your former spouse is not doing what the court has ordered them to do, you can take one of these approaches:
- Do nothing and forgive the error.
- Make a record of the violation and decide what to do later.
- Attempt to reach an agreement with your ex that resolves the issue.
- Bring the matter to the court’s attention and seek enforcement to comply with the terms of the divorce decree.
Whatever your ultimate decision is, it’s important that you arrive at a decision sooner rather than later. The longer you wait to address a court order violation, the less likely the court will be to take action.
Contact Parker & Aguilar for Help Addressing Divorce Order Violations
Having a family lawyer on your side can help you make an appropriate decision in your situation. Our team of experienced Texas attorneys can help you decide the best course of action for your situation.
Ultimately, you do not want to give your ex the wrong impression that their behavior is acceptable. They should understand that an intentional failure to comply with divorce decree orders will not be tolerated and there could be legal consequences.
Whether your former spouse is not adhering to orders related to division of property, child custody, spousal support, or child support, we can help you fight back. This may include pursuing an enforcement order through the court system.
If you want to know your options, contact us immediately. We currently represent divorced spouses in Fort Bend County, Brazoria County, Galveston County, and Matagorda County. If you live in one of these counties, call our Angleton office at 979-267-7660 or our Sugar Land office at 281-944-5485 to speak with an experienced divorce attorney.
Let’s discuss your post-divorce situation so that we can provide you with the legal support you need during this difficult time.