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Post-Judgment Motions
If you need to modify or enforce your Texas court order, you can achieve by either making an agreement with the other party or filing and requesting a court hearing. This is particularly useful if you want to seek the court’s help to change or enforce a divorce judgment or a parental rights and responsibilities order, which could determine child support and visitation rights.
Before requesting a hearing with the court, it is best to first attempt to reach an agreement with the other party. Often times parties are able to resolve their differences by communicating with each other first before hiring a lawyer and incurring attorney's fees. If you are unable to reach an agreement, the next step is filing a motion to modify and/or enforce the court order to get a court date. We have extensive experience in modifying and enforcing court orders due to such issues as a failure to pay child support, pay spousal maintenance, or follow a court-ordered visitation schedule.
Types of Post-Judgment Motions
Motion to Modify: This is a motion that you can file if you need to make any changes in your court order. For example, if a party is refusing to follow the parenting plan in a divorce decree, the court in some circumstances may modify the terms of possession of and access to the child if it is in the child's best interest.
Motion for Enforcement by Contempt: Contempt proceedings are primarily used to enforced child support payments, visitation rights, division of property and spousal maintenance. The court will address the non-compliance and can sanction the non-complying party. Contempt is a civil remedy with potential criminal consequences because a violator can be put in jail in some circumstances, such as a failure to pay child support.
A Lawyer-Client Relationship Based on Trust
To discuss a post-judgment enforcement isue with an experienced family law attorney, call 210-852-2090 today or fill out the contact form on this Web site. Your initial consultation is free.