Dallas Contempt Attorney Lynn Carroll
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When a Judge tells you or someone else to do something, the Judge expects it to be done. If the Judge's instructions have been written up and signed it becomes a court order. When a person violates an order the Judge may have the right to hold that person in contempt, fine them and put them in jail. That is done through the filing of a contempt or enforcement action. According to Chapter 157 of the Texas Family Code, "A motion for enforcement ..may be filed to enforce a final order for conservatorship, child support, possession of or access to a child or other provisions of a final order.” CONTACT US AT 214-749-7777 OR GO TO http://www.carroll-lawfirm.com for more information. Lynn Carroll
What happens if a sheriff gives you a court order to appear at a court hearing related to a contempt/enforcement action and you don't appear as ordered?
The Judge will issue a warrant for your arrest called a capias.
What happens if a person doesn't pay the child support that was ordered by the Court?
It depends on the wording of the order, and what the person has paid. If the order is not written properly the person who hasn't paid may get off with only a judgment being taken against him or her. If the order was written correctly, the person may be facing a fine for up to $500 for each violation, six months in jail for each violation, and having to pay for the other party's attorney's fees and costs. You can also be placed on probation for as long as ten years. In addition, the Judge will typically enter a judgment against you for the arrearages and set up a monthly payment plan on the arrearages in addition to your normal monthly child support.
What happens if a person doesn't release children for court ordered periods of visitation?
It depends on the wording of the order, and whether the person who was supposed to pick up the children attempted to pick up the kids at the time in the order, and complied with other wording in the order. If the order is not written properly the person who hasn't gotten the visitation may not be able to do anything. If the order was written correctly, the person who didn't turn over possession may be facing a fine for up to $500 for each violation, six months in jail for each violation, and having to pay for the other party's attorney's fees and costs. You can also be placed on probation for as long as ten years.
If a person is found in contempt for non-payment of support, and ends up going to jail, how long do they go to jail for and does that take care of the unpaid child support?
A person may spend up to six months in jail, and the judge can actually put them back in jail after that for more time because they are typically still on probationary status. Your child support doesn't go down while you are in jail. It generally goes up because it is accruing interest. CALL 214-749-5609 to talk to us about your problem or go to my website at http://www.carroll-lawfirm.com© 2009 Lynn Carroll Law Firm All rights reserved.