New Braunfels, Texas
831 Landa St, Suite A
New Braunfels, TX 78130
(830) 629-5600

A Guide to Contempt Charges & Divorce September 10, 2020

New Braunfels, Comal
A Guide to Contempt Charges & Divorce, New Braunfels, Texas

There are multiple factors to consider when settling a divorce. Whether the divorcing parties are in agreement or not, the temporary and final orders submitted by the judge become legally binding. If you or your ex fail to follow these rules, you could face contempt charges. Here's what you should know about this process.

4 FAQ About Contempt Charges During Divorce

What is contempt of court?

When a judge makes a ruling, the parties involved are legally required to follow it. If you disobey a judge’s orders, the court has the right to hold you in contempt.

The consequences of this charge could involve jail time or a fine. The severity of the judgment depends on the specific circumstances of the case. 

Can you charge an ex for non-compliance?

divorceContempt is the primary method of enforcing a court order in family law. In divorce cases, the reasons for being held in contempt usually revolve around finances and assets, including:

  • Child support

  • Spousal support (maintenance)

  • Shared debt

  • Financial obligations, like mortgage payments

  • Dividing property

Non-compliance with visitation orders also qualifies.

If your ex fails to comply with any of these decrees, your attorney can file a Motion for Contempt to have them charged. The motion needs to outline each item of the order that they've failed to comply with.

What is the contempt charge process like in Texas?

Once the contempt motion is filed, it's served to the defendant, or party at fault. There's a minimum 21-day waiting period between serving the motion and the hearing date.

In court, the claimant must showcase the other party's non-compliance, while the defendant has the opportunity to explain their side. The judge will then rule on whether the defendant should be held in contempt or not. 

What orders are exempt from contempt enforcement? 

Legally, the courts can't imprison someone for defaulting on a public debt. For that reason, a judge can't hold a person in contempt of court for failing to pay a debt-related order of a divorce decree. However, child support isn't included in this exception because it's viewed as a legal duty and not a debt.

 

If you're dealing with a non-compliant ex-spouse, reach out to Ronald D. Zipp, Attorney at Law to learn more about your options. This law firm has provided residents across the Greater San Antonio area with legal representation and guidance for over 40 years. The attorney offers assistance with all areas of family law, including divorce and custody, to clients throughout New Braunfels, TX. Review his services online, and book your consultation at (830) 629-5600.

Other Announcements, Events and Deals from Ronald D. Zipp Attorney at Law
4 FAQ About Filing for Divorce, New Braunfels, Texas
The divorce process is more straightforward than it appears on the surface, though every state has its own laws regarding the procedure. If you haven't been divorced before...read more
4 FAQ About Estate Planning for Small Business Owners, New Braunfels, Texas
When running a small business, you might be too consumed with the week ahead to prepare for the distant future. However, estate planning can never be done too early. This legal ...read more
How Divorce Can Affect Retirement, New Braunfels, Texas
Deciding to end your marriage can come with a variety of emotions, from a sense of relief to concerns about finances. Luckily, learning more about how divorce will affect the re...read more
A Guide to DWI Defense Strategies, New Braunfels, Texas
If you’ve been charged with driving while intoxicated (DWI), being convicted can negatively impact your life for years to come, from your career opportunities to child custody disput...read more