Thursday, January 04, 2018

Top 15 Texas Family Code Sections Dealing with Contempt of Court


A motion for contempt is not limited to the Texas Family Code.  A violation of other types of court orders may also be the subject of an family law enforcement action- for example, a temporary order concerning the emergency protection of children.

A court clearly has the power of contempt to enforce such orders, assuming the order meets certain tests.

Listed here are the Top 15 Family Code sections that mention contempt or enforcement or define when something becomes an order of the court and is therefore enforceable, such as Associate Judge's recommendation or registration procedure.

1. § 6.506- Violation of temporary court orders concerning divorce and property, including spousal support.

2.  §105.001(f)-  Violation of temporary orders concerning children.

3.  §157.007-  Affirmative Defense to Motion for Enforcement of Possession or Access

4.  §157.008- Affirmative Defense to Motion for Enforcement of Child Support

5.  §9.008 and 157.421-  Clarification of orders not specific to permit contempt

6.  §160.622- Violation of Orders Concerning Paternity Testing

7.  §9.012- Enforcing the Division of Property

8.  §152.303- Enforcing a Custody Decree from Another State

9.  §154.188- Enforcing Orders Requiring Health Insurance for a Child

10.  §81.004, 85.024, 85.026- Provisions of Title IV Protective Orders

11.  §159.603- Uniform Interstate Family Support Act (same effect as Texas order)

12.  §264.306-  Child and Family Services, Refusal to Participate in Counseling Regarding Abused or Neglected Child- Community Service as Sanction for Contempt

13.  §201.013- Associate Judge's Recommendation Becomes Order When Signed by the Court

14.  Civil Practice and Remedies Code §31.002-  Although Not Not Contained In the Family Code, The Turnover Statue is included Because it Has Application to Enforcement of Judgments.  The Court May Enforce By Contempt Its Order Concerning Turnover of Assets.

15.  §8.059- Maintenance (Alimony) When AN Order of the Court Or When An Agreement For the Payment of Maintenance Has Been Voluntarily Entered Into Between The Parties And Approved By the Court.

The proper handling of a contempt matter requires technical skill and care and a vast knowledge of the Family Code and other applicable Texas Codes.  If your case involves contempt, you should seek out the help of an attorney who is experienced in this complex area of the law.