Enforcement of Divorce Decree or Child Custody Order
Nothing is more frustrating than when someone does not behave as they are supposed to behave. This is particularly true when that person is your ex-spouse, and they are not acting in accordance with your divorce decree. You have the right to ensure that your spouse follows the court’s orders after a divorce.
There are many parts to a divorce decree that may need to be legally enforced. The most common types of enforcement include:
Houston Enforcement Attorneys
The Houston Family Law attorneys at Wilhite & Lea, P.C., can help you see to it that your divorce order is enforced. We are ready to listen to your concerns and fight to protect your rights. If you need help enforcing your divorce decree in the greater Houston area, contact Wilhite & Lea for a consultation today.
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Child Support Enforcement
The state of Texas requires child support obligors to continue paying child support throughout the child's youth until they are 18—or longer, under certain circumstances. Non-compliance with the given statutes regarding the timely and consistent payment of child support is an issue that can be dealt with via the legal system in a number of ways.
Keep in mind, however, that taking the matter of child support enforcement into your own hands is not an effective or legal method or handling delinquent child support payments. Withholding visitation rights or retaliating in some other way is not acceptable, and you can be held accountable for those actions.
Modifying a child support order may be a good plan of action in the case that the child support obligor is no longer able to make payments on time or feels that the payments are unfair. Enforcement and modification should be considered carefully in the case of late or delinquent payments, and thorough communication should always be a top priority in matters of this kind.
More information about enforcing child support conditions
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Custody and Visitation Enforcement
Every parent wants to be able to spend quality time with their children, regardless of if they are now divorced from their spouse. Whether your spouse is denying your the rights to visiting your child or they frequently miss visitation, there are steps you can take to ensure that everyone is in compliance with the visitation agreement and your right to see your children is protected.
Enforcing the conditions set forth in the visitation agreement can often be a tricky matter, especially since there will always be a child involved. Custody and visitation enforcement can be a very emotional issue for many parents, as they are denied access to their child and often fear that there may be a case of kidnapping involved. The important thing to note is that enforcement should not be attempted by an individual. Withholding child support is not a viable option if you have been denied visitation. In this case, proper communication or legal action should be undergone in order to successfully resolve the issue.
In certain circumstances, it may be prudent to modify the custody agreement or take action to change the visitation decree to better suit the updated circumstances. For example, if a parent has relocated, the visitation agreement will have to be modified in order to allow for both parents to fairly see the child.
Read more on the enforcement of custody and visitation agreements
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Property Division Enforcement
Dividing the property in a divorce in Texas is a unique situation in the legal world. Property owned during the marriage is considered community property, and its division following the divorce is based on a number of varying factors that took part in the marriage. Figuring out this division of property, then, can be difficult, as can making sure that everyone is in compliance with what is decided regarding marital property division.
In the process of enforcing property division agreements, it's essential that the details be carefully examined to prevent any accidental unlawfulness. If clarification is necessary, further court orders can be issued to clear any misconceptions as to what belongs to whom.
If you should have any questions regarding the enforcement of property division or any of the above topics, please contact one of our attorneys and discover your options before you make any rash decisions. Taking matters into your own hands rarely solves the issue and generally only serves to make the situation even worse. Call the attorneys at Wilhite & Lea, P.C. to discuss any case details during a free case consultation.
Read more about enforcing compliance with agreed-upon property division conditions
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Resources:
Center for Missing and Exploited Children — Support and Resources for parents of abducted children
Attorney General Child Support Division — Information regarding child support enforcement
Parents Without Partners — Support and Fellowship for Divorced and Single Parents in Harris County
10924 Grant Rd. PMB 223
Houston TX 77070
Banana Split — Resources for children of divorced parents
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Wilhite & Lea, P.C. | Texas Enforcement Lawyers
You shouldn’t face the burden of protecting your divorce decree alone. The attorneys at Wilhite & Lea are ready to fight for your rights and protect the things most important to you. If you are in Houston and Harris County, including: Spring, Cypress, Klein, Humble, Tomball, the FM 1960 area, North Houston; and Montgomery County, including: Conroe and The Woodlands; as well as the surrounding counties of Fort Bend, Grimes, Waller, and Washington, contact us today to speak directly with one of our attorneys about your case.