Enforcing Decree By Contempt

So you've finalized your divorce, and the other side refuse to follow the decree. Can you enforce the degree by contempt of court? Here's an outline.

• A divorce decree must meet specific requirements to be enforceable by contempt. The most effective way to enforce compliance with a divorce decree is through contempt, but this option hinges on a well-drafted decree that is clear and specific.
• Due process considerations make adherence to these requirements essential, as contempt proceedings can involve penalties. Procedural due process protections are crucial in constructive contempt cases because of the potential penal sanctions.
• The underlying order in the divorce decree must have been signed and entered into the court's minutes. An individual cannot be held in contempt for actions preceding the written order. When preparing motions and orders for contempt, it's crucial to state the date the order was signed.
• Specificity is key: the order must explicitly state what a party must do or refrain from doing. It should identify the parties involved, the specific actions required, deadlines, and the manner of performance. However, excessive detail or overly specific language is unnecessary.
• Decretal language is essential for enforceability by contempt. This means the order should use phrases like "IT IS ORDERED that [Party A] shall [describe act be performed]." Mere statements of obligation without this language are unlikely to be enforceable by contempt. Some orders are enforceable by contempt, while others are not. Orders related to child support, possession and access, property division, spousal maintenance, attorney's fees in contempt proceedings, and execution and delivery of documents can be enforceable.
• Specifically, a court can enforce orders related to the delivery of specific property or the award of a right to future property. This includes existing sums of money or their equivalent.
• However, a court may not enforce by contempt an award of a lump sum or future installments as debt.Exceptions to this rule include situations where the sum of money existed when the decree was issued or when the right to future payments has matured.
• An order compelling a spouse to pay a debt allocated to them in the property division is not enforceable by contempt. The Texas Constitution prohibits imprisonment for debt.
• Orders for the payment of "contractual alimony" or "spousal maintenance" that fall outside the scope of Chapter 8 of the Texas Family Code are generally not enforceable by contempt. These obligations are treated as contractual debts, and the Texas Constitution prohibits imprisonment for debt.
• If parties agree to spousal support that complies with Chapter 8 and this is incorporated into a court order that explicitly states that Chapter 8 should apply, then the obligation could potentially be enforced both as a contract and by contempt under Texas Family Code section 8.059. This strategy could give the payee a significant advantage.
• The line between contractual alimony and court-ordered spousal maintenance can be blurry. Whether an agreement is enforceable by contempt depends on factors like the language used in the decree and the intent of the parties.
• Agreements requiring a parent to cover a child's college expenses are typically contractual and not enforceable by contempt, unless explicitly included as part of the property division in the divorce decree.Courts may only order parents to support a child until they turn eighteen or graduate high school, whichever comes later.
• Clarification orders can be used to make ambiguous property division orders more specific and enforceable.These orders can be requested by either party or issued by the court. However, they cannot alter the substance of the original order.
• Enforcement remedies other than contempt are available, such as clarification orders, money judgments, and orders for the delivery of property.