People in Texas who are ordered to pay child support or spousal support are required to do so by law. If they fail to fulfill their obligations, there is a likelihood that there will be an enforcement order. There are contents of motion in an enforcement proceeding and those who are involved need to have a grasp on what they are and how to understand them.
The motion for enforcement must be presented in concise and ordinary language. In it, there must be the following: the provision that was violated and for which the attempt to enforce is being made; the manner in which the respondent has failed to comply; the relief that the person who has pursued the claim wants; and the signature of the person – also referred to as the “movant” – who is pursuing the case or the legal representative of the person pursuing the case.
If the motion is to enforce a child support order, the following must be included: what is owed based on the order, how much has been paid and how much is in arrears; and if there is a request for contempt, the portion of the order that was violated and what, if anything has been paid and when. The order can include an attachment with the record of the child support payments that have been made based on the state or local registry.
If the child receives federal assistance, the order can include the request for the obligor to pay what is owed based on a court-ordered plan. Or, if there is already a plan in place and the obligor is not incapacitated and takes part in work activities, the court can determine an appropriate course of action. The time and date of what the obligor failed to pay what was owed in child support must be provided. The movant does not have to plead that the order can be enforced via contempt to receive other remedies for enforcement. The movant can also allege that previous violations occurred before the date of the hearing.
It can be a contentious circumstance when it becomes necessary to take legal steps to pursue enforcement through the courts. However, it is often necessary for a parent or guardian to get what is owed. For assistance with enforcement orders and other family legal issues, speaking to an experienced attorney is the first thing a person who is in a dispute over support should do.
Source: statutes.legis.state.tx.us, “Chapter 157. Enforcement — Sec. 157.002. Contents of Motion,” accessed on Dec. 15, 2015