You're Looking at Jail
Sometimes a person is placed in the uncomfortable position of being handed paperwork by a sheriff or constable. When you open them you will find a notice that someone is trying to put you in jail and fine you for violations of a Court order. If you fail to appear for the hearing that is set, the Judge can, and usually will, issue a warrant for your arrest. So, you should take this paperwork very seriously. I have frequently had clients who come in after missing such a court date. A constable is looking for them. The problem with this situation is that such people are now in the position of posting a bond to keep them out of jail, which is usually very high, and also correcting their image with the Judge.
Under Texas law if you violate an order related to child support or visitation you can be subject to jail and/or fines. You are actually subject to jail for up to six months for each violation, and a $500 fine for each violation. Typically if the Judge finds you guilty, the judge will consolidate all of the charges into one for the purposes of jail. The judge will then make a determination as to the fine to be charged and any arrearages owed. The judge will set up a payment plan on the arrearages, assess costs of court and grant attorney's fees to the other party.
No one should walk into a contempt/enforcement hearing without an attorney. You are literally taking your life into your hands and risking your freedom and livelihood. No matter what you think you know about the law, you should find an attorney, and you should find an attorney who has experience handling such cases. Having done this for over 10 years now, I am aware of the issues that can arise that can make an order unenforceable and that can create problems either defending or prosecuting such a case.
You're Mad and You Don't Want to Take it Anymore
When the other parent doesn't pay the child support, or spousal support, or doesn't follow the orders as to visitation, it is time to consider filing a contempt action against them. Unfortunately, there are parents out there who don't take their responsibility to support their children seriously. Having a discussion with a Judge who threatens to put them in jail or who does can provide the wakeup call that is necessary to get the money you need to support your children.
Sometimes a parent completely ignores the scheduled visitation periods. The parent will pick up the children outside the time frames that they have been given or not return the children pursuant to the orders. They will abuse your times and use the visitation to control your life. Again, this can be dealt with by a Judge who will normally fine them and may jail them for their violations. In addition, typically the Judge will order the other party to reimburse you for the costs of your attorney's fees.
The Carroll Law Firm
100 North Central Expressway
Suite 1006
Dallas, TX 75201
Tel: 214-749-7777
Fax: 214-749-7779
e-mail
Major Credit Cards Accepted
The Dallas family law attorney at Carroll Law Firm is pleased to serve clients in North Texas and Central Texas including the areas of North Dallas, Plano, Irving, Fort Worth, Collin County, Denton County, Tarrant County, Rockwall County, and Kaufman County, as well as the communities that make up the Metroplex.
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