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"Deceivers are the most dangerous members of society. They trifle with the best affections of our nature, and violate the most sacred obligations."
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WHAT IS ENFORCEMENT? |
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An enforcement action is a lawsuit to compel an individual to obey a prior court order (i.e. a divorce decree). |
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WHAT ORDERS WILL THE COURT TYPICALLY ENFORCE? |
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| WHAT ARE THE CONSEQUENCES OF VIOLATING A PRIOR ORDER? | |||
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A court may enforce its prior orders through finding the violator "in contempt". A person found to be in contempt of court may be sent to jail, fined or both. |
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| WHAT IS NEEDED FOR AN ORDER TO BE ENFORCEABLE BY CONTEMPT? | |||
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In order for an order to be enforceable by contempt the language used in the order must be clear, specific and unambiguous so that the parties know exactly what they have been ordered to do (or not do). |
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In the case of visitation rights, the court should command the party who has the children to "surrender" them to the other party at the start of the visitation period, and order the party to return the children at the end of the visitation period. Additionally, the court should identify the specific place where the children are to be exchanged, and the times when visitation should begin and end. |
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In the case of child support, the court order should state the specific amounts to be paid, to whom the payments are to be made, the date on which the payments are to begin, where the payments are to be made and when the payments are to end (which will either be a specific date or on the occurrence of a specific event). |
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| WHAT IF THE ORDER IS NOT SPECIFIC ENOUGH FOR CONTEMPT? | |||
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If the court determines that the order is not specific enough for contempt purposes the court may clarify the order and give the individual an opportunity to obey the order. |
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HOW MUCH DOES AN ENFORCEMENT ACTION COST? |
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This question is difficult to answer because the complexity (or lack thereof) of each situation will determine the amount of time and experience necessary to prepare the case. When you hire an attorney to pursue a claim or defend a claim, make sure that you fully understand the fee structure and that you are comfortable with the fee arrangement and the attorney. If you have questions regarding the fee or the fee arrangement, you should always ask. |
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HOME Anthony Veader Attorney--Counselor--Mediator
* Not Certified by the Texas Board of Legal Specialization. Principle Office is in Dallas, Texas. Meetings with lawyers are by appointment only.
Anthony Veader is an attorney, mediator and counselor servicing Denton, Dallas and Collin counties which cities include: Allen, Celina, Fairview, Farmersville, Frisco, Lavon, Lucas, McKinney, Melissa, Murphy, Plano, Princeton, Prosper, Richardson, Aubrey, Carrollton, Corinth, Denton, Flower Mound, Highland Village, Justin, Krum, Lake Dallas, Lewisville, Little Elm, Pilot Point, Ponder, Sanger, The Colony, Addison, Cedar Hill, Coppell, Dallas, DeSoto, Duncanville, Farmers Branch, Garland, Grand Prairie, Irving, Mesquite, Rowlett, Seagoville, Wylie. The Law Office of Anthony Veader, P.C. handles matters including, but not limited to divorce, modifications, child support, child custody, visitation, access, domestic abuse, military divorces, annulments, restraining orders, protective orders, paternity, Divorce Decree Enforcement and Divorce Decree Violations, Relocation and Travel Issues, Name Changes, Common Law Marriages, CPS Cases, AG Cases and IV-D Court Cases.
© Copyright 2003-2008, Anthony Veader - All Rights Reserved. |