When the other side won't follow the court order
If your ex won't follow a Texas custody, visitation, child support or property order, you can ask the court that made the order to enforce it. For custody and support, that is usually a motion for enforcement under Chapter 157 of the Texas Family Code, which can ask the court to hold the other person in contempt and, for unpaid support, to confirm the amount owed. Property divisions in a divorce decree are enforced under Chapter 9. Taking matters into your own hands usually makes things worse.
When the order isn't being followed
You went through the process. A judge signed an order. And now the other side treats it as optional. Weekends get canceled at the last minute. Support payments arrive late, short or not at all. The house that was supposed to be refinanced still has your name on the loan. It is exhausting, and it can leave you feeling as though the whole process was for nothing.
It wasn't. A court order is enforceable. Scott Rewak is Board Certified, Family Law — Texas Board of Legal Specialization, and he helps people across Dallas, Collin, Denton and Tarrant counties when an order isn't being followed, and helps people who have been accused of not following one.
What can be enforced
- Possession and access (visitation): missed or denied periods of possession, refusals to exchange the children, or other violations of the schedule.
- Child support and medical support: unpaid, late or partial payments, or failure to provide health insurance as ordered.
- Spousal maintenance ordered by the court.
- Other terms in the order, such as rules about communication or exchanges, if the order states them clearly enough to be enforced.
- Property division: failing to sign over a title, transfer an account, refinance a loan or pay a debt as the decree requires.
The motion for enforcement
For custody, visitation and support, Texas law provides a "motion for enforcement" (Tex. Fam. Code Chapter 157). In general terms, the motion has to identify the exact part of the order that was violated, describe how it was violated and list each violation, such as each missed payment or each denied weekend, with dates. The more specific the motion, the stronger it usually is. That is why records matter so much.
Once the motion is filed, the other side is served and a hearing is set. The judge then decides whether the order was violated and what to do about it.
What the court can do
The remedies available depend on what was violated and the facts. They can include:
- Contempt. A court can find a person in contempt for violating a clear order. Contempt can be meant to punish a past violation, which can include a fine or jail time, or to pressure the person to comply, for example by holding them until they pay what is owed.
- A money judgment for unpaid support. The court can confirm how much child support is past due and enter a judgment for it, which can then be collected in other ways.
- Income withholding. Support can be ordered withheld directly from a parent's paycheck.
- Make-up time. When a parent has been denied possession, the court can order additional periods of possession to make up for it.
- Attorney's fees and costs, which a court may order the violating party to pay in some situations.
- Clarification. If a part of the order is too vague to enforce, the court may clarify it so it can be enforced going forward.
In Texas, child support can also be enforced through the Office of the Attorney General's child support program. Tarrant County has two courts that handle those state child-support cases.
Enforcing a property division
A divorce decree's division of property is enforced under Chapter 9 of the Texas Family Code. The court that signed the decree can order a party to carry out the division, for example by delivering property or signing documents. It cannot change the substance of the division itself. When property can no longer be delivered, a court may award money instead. Texas sets deadlines for some of these requests, so it is worth acting promptly.
What not to do
When the other side isn't following the order, it is tempting to stop following it too. Don't. In Texas, child support and time with the children are separate issues. Withholding the children because support wasn't paid, or stopping support because you were denied a weekend, can put you in violation of the order as well. Keep doing what the order requires, and let the court handle the other side's violations.
It also helps to keep communication calm and in writing, and to avoid arguing at exchanges or in front of the children. Standing orders in Dallas, Collin and Denton counties restrict hostile communication while a case is open, and many final orders do the same.
Start documenting now
An enforcement case is built on specifics. Keep a simple, dated log of each violation, and save the proof:
- Dates and times of each missed or denied exchange, and what was said.
- Payment records showing what support was received and when.
- Texts, emails and co-parenting app messages, saved without editing.
- Any documents showing a property transfer or refinance that wasn't done.
For a step-by-step approach, see documenting conflict. If the same problems keep happening, the order itself may need to change. See modifications. If you are afraid for your safety, see protective orders.
Questions people ask
My ex hasn't paid child support in months. What can I do?
You can ask the court to enforce the order. A court can confirm the amount owed, enter a judgment for it, order income withholding and, in some cases, hold the other parent in contempt. The Texas Attorney General's child support program is another route.
Can I keep the kids if my ex won't pay support?
No. Support and possession are separate under Texas law. Denying court-ordered time can put you in violation of the order. Ask the court to enforce support instead.
Can my ex go to jail for not following the order?
A court can use contempt, which may include jail time, for violating a clear court order. Whether that happens depends on the order's wording, the facts and the judge.
My ex keeps canceling weekends. Is it worth going back to court?
It depends on the pattern and your goals. A court can order make-up time and other relief. Keeping a dated record of each missed weekend is the first step either way.
I've been accused of violating the order. What should I do?
Take it seriously, keep following the order, and gather your own records. Enforcement cases can carry real consequences, so speak with a family lawyer as early as possible.
