We here at the Law Office of Roland R. Esparza, P.C., have handled many cases where one or both divorced parties failed to comply with the terms of their finalized divorce settlement. Sometimes there is confusion over the language of a divorce decree, while there are other instances where one ex-spouse simply refuses to meet his or her legal obligations. If you or your ex-husband or wife have not met any or all of the provisions outlined in your divorce decree, it is important to understand if and how such guidelines are enforced under Texas state law.
While you may know that a divorce decree is considered a contract between two divorcing parties, you may not necessarily be familiar with the fact that failing to comply with a legal divorce settlement can result in significant financial and legal penalties in some cases. For instance, your ex-husband or wife could be sentenced to jail if he or she stops paying child support without prior court approval. Similarly, you could be subject to legal proceedings if you refuse to relinquish assets identified in property division arrangements.
If you have concerns about your divorce settlement and would like to have any of the terms of your divorce decree reconsidered or legally enforced, it is important to keep a couple things in mind. For one thing, the Texas state Family Code mandates that you typically only have two years within the time of your divorce decree being finalized to file a suit enforcing property division provisions. The court can only clarify and/or enforce your property division agreement; it cannot change or modify the agreement and any way.
Other factors can come into consideration when enforcing the terms of a divorce decree. To learn more about post-divorce modifications and other family law topics, visit our website any time.