Is it possible to Enforce a Temporary Order while a divorce is pending, or a custody case is pending? Sometimes, as part of the court process for divorces or custody cases, a Temporary Order hearing is held. A Temporary Order hearing will usually address short-term fixes for issues that cannot wait for a final hearing. Custody issues, child support changes, access to financial accounts in a divorce, use of a house or other property while a divorce case is pending, all are usual topics for Temporary Orders.
Once a Judge makes a ruling in Temporary Orders, those Orders are Enforceable by contempt. See Texas Family Code Sec. 157.001 The Enforcement should be filed in the same court that issues the Order (the court of continuing jurisdiction). Temporary Orders also include Temporary Restraining Orders, local Standing Order violations, Injunction violations, and any other Temporary Order rendered (ordered) by the Court.
If a party is violating the court’s Order, a party will need to quote the language you feel is at issue and then describe how the other party is violating (breaking) the court’s order. A common example is child support non-payments. If a party was ordered to pay a certain amount per month and is not paying as ordered then you quote the child support order language and the fact that payments have not been made for X number of month(s) and the total amount unpaid (arrearages). Same pattern for any other violations. If future violations are expected you can mention that and so include similar future violations for the Judge’s consideration when the hearing is held. The party on the receiving end of an Enforcement may file defenses to an Enforcement, but evidence must be submitted supporting those defenses. Child support defenses (excuses for nonpayment) are very specific and require them to be filed in a pleading before the hearing. See Texas Family Code Sec. 157.008.
If you need an Enforcement of a Court Order, or Defense against a court order, it’s important to consult with a local attorney who knows the law, the local Judges, and can give you good advice on your specific issues.