How Do I Get Former Husband to Comply With Divorce Decree?
06/28/2009 - Contempt - State: TX #17225
The judge ordered a deed of trust to secure assumption. Instead of refinancing the mortgage in his name and paying me the amount due, he put the deed in his mothers name. My attorney said he does not know what to do! My divorce has been going on since 2004 and was final in 2006. All I want is the money owed to me or have the land in my name. Do I file a motion for contempt and where do I get the form to do pro se?
When a court order isn't followed, a petition for contempt may be filed in the court that issued the order. If it is unclear whether the property was ordered to be transferred to your name or not, a motion for clarification may be filed. A request may also be made to have the court to order the noncomplying party to pay for the losses caused by the failure to comply. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court. A party may also file a Judgment on Rule for Contempt, which is a prepared judgment ready for the judge to sign, to further the court's ease in making a determination. A certificate of service is filed along with the petition to prove that the petition was served on the opposing party.
The following are TX statutes:
§ 9.001 FAM. Enforcement of Decree
(a) A party affected by a decree of divorce or annulment providing for a division of property as provided by Chapter 7 may request enforcement of that decree by filing a suit to enforce as provided by this chapter in the court that rendered the decree.
(b) Except as otherwise provided in this chapter, a suit to enforce shall be governed by the Texas Rules of Civil Procedure applicable to the filing of an original lawsuit.
(c) A party whose rights, duties, powers, or liabilities may be affected by the suit to enforce is entitled to receive notice by citation and shall be commanded to appear by filing a written answer. Thereafter, the proceedings shall be as in civil cases generally.
§ 9.002 FAM. Continuing Authority to Enforce Decree
The court that rendered the decree of divorce or annulment retains the power to enforce the property division as provided by Chapter 7.
§ 9.007 FAM. Limitation on Power of Court to Enforce
(a) A court may not amend, modify, alter, or change the division of property made or approved in the decree of divorce or annulment. An order to enforce the division is limited to an order to assist in the implementation of or to clarify the prior order and may not alter or change the substantive division of property.
(b) An order under this section that amends, modifies, alters, or changes the actual, substantive division of property made or approved in a final decree of divorce or annulment is beyond the power of the divorce court and is unenforceable.
(c) The power of the court to render further orders to assist in the implementation of or to clarify the property division is abated while an appellate proceeding is pending.
§ 9.008 FAM. Clarification Order
(a) On the request of a party or on the court's own motion, the court may render a clarifying order before a motion for contempt is made or heard, in conjunction with a motion for contempt or on denial of a motion for contempt.
(b) On a finding by the court that the original form of the division of property is not specific enough to be enforceable by contempt, the court may render a clarifying order setting forth specific terms to enforce compliance with the original division of property.
(c) The court may not give retroactive effect to a clarifying order.
(d) The court shall provide a reasonable time for compliance before enforcing a clarifying order by contempt or in another manner.
§ 9.009 FAM. Delivery of Property
To enforce the division of property made in a decree of divorce or annulment, the court may make an order to deliver the specific existing property awarded, without regard to whether the property is of especial value, including an award of an existing sum of money or its equivalent.
§ 9.010 FAM. Reduction to Money Judgment
(a) If a party fails to comply with a decree of divorce or annulment and delivery of property awarded in the decree is no longer an adequate remedy, the court may render a money judgment for the damages caused by that failure to comply.
(b) If a party did not receive payments of money as awarded in the decree of divorce or annulment, the court may render judgment against a defaulting party for the amount of unpaid payments to which the party is entitled.
(c) The remedy of a reduction to money judgment is in addition to the other remedies provided by law.
(d) A money judgment rendered under this section may be enforced by any means available for the enforcement of judgment for debt.
§ 9.012 FAM. Contempt
(a) The court may enforce by contempt an order requiring delivery of specific property or an award of a right to future property.
(b) The court may not enforce by contempt an award in a decree of divorce or annulment of a sum of money payable in a lump sum or in future installment payments in the nature of debt, except for:
(1) a sum of money in existence at the time the decree was rendered; or
(2) a matured right to future payments as provided by Section 9.011.
(c) This subchapter does not detract from or limit the general power of a court to enforce an order of the court by appropriate means.
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06/28/2009 - Category: Contempt - State: TX #17225
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