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It’s incredibly frustrating when you have a court order you trust to be the final word, and your ex simply ignores it.
When that happens, you’re not out of options. Filing a motion for contempt of court isn't just a legal maneuver—it’s your most powerful tool for restoring order and holding your ex accountable. In Texas family law, contempt is the legal process for enforcing a judge's direct order when someone willfully violates it. It's how you make them comply.
What to Do When Your Ex Ignores a Court Order
When a judge signs your divorce decree or custody arrangement, that document is not a suggestion. It’s a legally binding command. Yet, it’s a painful reality that many people find their ex-partner refusing to follow the rules. You are not powerless here. The Texas legal system gives you a clear path to hold them accountable.
Filing for contempt of court is the official step you take to bring these violations directly to the judge's attention. It's a formal request telling the court, "I need your help enforcing the rules you already set." This isn't about starting a new fight; it’s about restoring the stability and fairness your court order was meant to provide in the first place.
When Is Filing for Contempt Appropriate?
It’s crucial to know the difference between a minor disagreement and a clear, deliberate violation. A contempt action is the right move when you can show a pattern of willful non-compliance. You aren't filing just because you're angry; you're filing because the other person is actively defying a judicial command.
Under the Texas Family Code, some of the most common situations that justify filing for contempt include:
- Failure to Pay Child Support: Consistent, unexplained non-payment is one of the biggest reasons people file.
- Denial of Visitation: If your ex is systematically preventing you from seeing your children during your court-ordered time, it’s a serious breach. You can learn more about what to do if your ex is withholding visitation in Texas.
- Refusal to Transfer Property: The divorce decree was clear about who gets what. If your ex won't sign over a car title or give you access to property you were awarded, you need to enforce the order.
- Violation of Geographic Restrictions: If your order limits where your child can live and your ex moves outside that zone without permission, they are in clear violation.
This isn't an isolated problem. In fact, contempt of court filings have surged in major Texas family courts serving Houston, Dallas-Fort Worth, and other cities. These motions rose by over 30% between 2020 and 2025, mostly driven by the need to enforce existing divorce decrees.
What You Can Achieve by Filing
The primary goal here is simple: compel compliance. You're asking the judge to step in and make the other person follow the rules they've been ignoring.
If the judge agrees a violation occurred, they have broad powers to enforce the order. This guide will walk you through exactly how to use this process to protect your rights, making sure you feel confident and prepared every step of the way.
Civil vs. Criminal Contempt: Knowing Which Path to Take
It’s incredibly frustrating when you’re the only one following the rules laid out in a court order. Before you dive into filing for contempt, you have to understand that Texas law splits these actions into two very different categories: civil contempt and criminal contempt. Each one has a different purpose, and picking the right one is a strategic decision that will shape your entire case.
This isn't just about legal jargon; it’s about matching your goal with the right tool. Are you trying to get your ex to pay what they owe right now? Or are you trying to hold them accountable for their past refusal to follow the rules? The answer to that question changes everything.
Civil Contempt: The Goal is to Force Compliance
Think of civil contempt as the court’s way of saying, “You will follow this order.” Its purpose is coercive, not punitive. The entire point is to compel someone to do something they were already ordered to do, not to punish them for failing to do it in the past.
Unpaid child support is the classic example. If your ex is thousands of dollars behind, a judge can find them in civil contempt and order them to jail until they pay what’s owed. The second they come up with the money, the jail doors swing open. They literally hold the keys to their own cell.
The idea behind civil contempt is straightforward: the court creates a consequence that only goes away once the person finally does what they were supposed to do. It’s a powerful tool for getting immediate results.
This approach works for non-financial issues, too. It can be used to force a parent to hand over a child’s passport for a court-approved trip or to make them sign over the title to a car you were awarded in the divorce.
Criminal Contempt: The Goal is to Punish Disobedience
On the other hand, criminal contempt is all about punishment. Its goal is to penalize someone for their past, willful disobedience and to make it clear that ignoring a judge’s order has serious consequences. The penalty is a fixed punishment for something that has already happened, and it doesn’t just disappear if they promise to do better next time.
The sanctions here are set and final. For example, a judge might sentence someone to 30 days in jail for repeatedly and intentionally denying court-ordered visitation. Even if that parent swears they’ll allow every visit from now on, they still have to serve the time for their past violations.
Because criminal contempt can mean taking away someone’s liberty, the legal bar is set much higher. The violation has to be proven "beyond a reasonable doubt," which is the same tough standard used in criminal trials. This is a much heavier lift than the "preponderance of the evidence" standard used in most other family law matters.
Civil Contempt vs. Criminal Contempt at a Glance
To make it simple, let's break down the key differences. This table should help you quickly see which type of contempt might fit your situation.
| Feature | Civil Contempt | Criminal Contempt |
|---|---|---|
| Primary Goal | To compel future compliance. | To punish past disobedience. |
| Type of Penalty | Conditional and indefinite (e.g., jail until an action is taken). | Fixed and definite (e.g., a specific fine or jail sentence). |
| Burden of Proof | Preponderance of the evidence (more likely than not). | Beyond a reasonable doubt (highest legal standard). |
| Common Use Case | Forcing payment of child support or turnover of property. | Punishing repeated denial of visitation or violation of an injunction. |
Understanding these distinctions is crucial because it helps you and your attorney build the strongest possible case for the outcome you need.
The ability of courts to enforce their own orders is the bedrock of our justice system. Unfortunately, this is becoming a concern worldwide. The latest WJP Rule of Law Index found that the strength of civil justice systems weakened in 68% of countries, a trend that can lead to frustrating delays in enforcing family court orders right here at home.
So, What's the Bottom Line?
Deciding whether to file for civil or criminal contempt comes down to what you're trying to accomplish. Do you need immediate action to get the child support you're owed, or do you need to send a powerful message that repeated violations won't be ignored? An experienced family law attorney can walk you through the specifics of your case and help you choose the most effective strategy to enforce your court order.
Preparing and Filing Your Motion for Enforcement
Taking that first step to file a motion against your ex can feel like a heavy burden. But when a court order is being ignored, the law provides a clear path to demand accountability. The entire process kicks off with a formal document called a Motion for Enforcement—this is the legal tool that officially starts a contempt of court case in Texas.
This isn't just about complaining to a judge; it's about building a precise, factual case from the ground up. Your motion has to be incredibly specific. Think of it as laying the foundation for your argument before you ever set foot in the courtroom. A vague or incomplete motion can get your case thrown out before you even get a chance to be heard, so getting this part right is absolutely critical.
The Anatomy of a Powerful Motion
To have any teeth, your Motion for Enforcement must contain very specific information laid out in the Texas Family Code. It’s not enough to just say your ex isn't following the rules. You need to provide the court with a clear, detailed roadmap of every single violation.
Here’s exactly what your motion must include to be legally sound:
- Identify the Violated Order: You have to state the exact date the original court order (like your Final Decree of Divorce) was signed by the judge.
- Quote the Specific Provision: Pinpoint the exact section of the order that was violated. You should quote the language from the order word-for-word right in your motion.
- Detail Each Violation: For every single time your ex broke the rule, you must list the date, time, and location of the violation. Precision is everything.
For instance, instead of saying, "He didn't pay child support for three months," your motion needs to be much more detailed: "Respondent violated Section 4.2 of the Final Decree of Divorce, signed on June 15, 2023, which orders him to pay $800 on the 1st of each month. He failed to make this payment on March 1, 2024, April 1, 2024, and May 1, 2024."
This infographic gives you a simple visual of the two strategic paths—civil and criminal contempt—that your motion can pursue.
The key difference is that civil contempt aims to compel future action, while criminal contempt is about punishing past defiance.
What Are You Asking the Court to Do?
Your motion also has to clearly state the "relief" you're seeking. You need to tell the judge exactly what you want to happen as a result of the hearing. In legal terms, this is called your "prayer for relief."
Your requests might include things like:
- A judgment for all unpaid child support, plus interest.
- An order for makeup visitation time to compensate for the periods you were denied.
- A fine for each violation.
- A specific jail sentence for criminal contempt.
- An order that your ex pays your attorney’s fees and court costs.
The Texas Family Code specifically allows the judge to order the non-compliant party to pay for your reasonable attorney’s fees. You shouldn't have to bear the financial cost of forcing someone to obey a court order they should have been following all along.
The Logistics of Filing and Service
Once your motion is drafted, the next step is to file it with the district clerk in the same court that issued your original order. This officially opens the case. But filing is only half the battle. The other, equally crucial step is service.
"Service" is the formal legal process of notifying the other party (the Respondent) that you have filed a case against them. You can't just email a copy or hand it to them yourself. In a contempt case, because jail time is on the table, the law requires personal service.
This means a sheriff, constable, or private process server has to personally deliver a copy of the motion and a citation from the court directly to your ex. This protects their due process rights, ensuring they know what they are being accused of and when to appear in court. Without proper service, the court has no authority to hear your case or make any rulings.
An experienced family law firm handles this entire process for you, from drafting a legally sound motion to coordinating with a process server to make sure service is done correctly and on time. You can get more details in our complete guide on how a Motion to Enforce works in Texas.
Building Your Case with Strong Evidence
When you file to enforce a court order, your word alone isn't going to cut it. While your testimony in court is important, a successful contempt action is won or lost based on the quality of your proof.
Think of it like building a case brick by brick—each piece of evidence makes your argument stronger and harder for the other side to deny. This is your playbook for gathering the compelling documentation you need to convince a judge that a violation happened. Judges rely on facts, not just feelings, and your goal is to present a picture so clear that the violation is undeniable.
Documenting Financial Violations
When it comes to unpaid child support or spousal maintenance, numbers don't lie. Your main job is to create a crystal-clear financial record showing exactly what was ordered versus what was actually paid.
Here’s where to start:
- Official Payment Records: If payments go through the Texas Child Support Disbursement Unit, request an official payment ledger. This is gold. It’s a state-certified record of every payment received and is one of the most powerful pieces of evidence you can have.
- Bank Statements: Pull your bank statements for the entire period in question. Go through and highlight where payments should have been deposited to show they’re missing. This backs up the official ledger and paints a fuller picture.
- Written Communication: Dig up any emails or text messages where your ex admits to not paying, tries to explain why they can't, or even just discusses the missed payments. Save everything.
In high-net-worth cases, financial violations can get a lot more complicated. We’re seeing a new trend where digital assets are used to hide money and dodge obligations. In fact, recent data on 2025 family law enforcement trends shows cryptocurrency is increasingly used to get around 40% of spousal payments in some complex Texas divorces.
Because of this, courts in Houston and Austin have seen 28% more contempt motions filed in high-asset cases since 2023, as people try using blockchain transfers to hide marital property. You can learn more about the 2025 trends in enforcing court orders when digital assets are involved.
Proving Custody and Visitation Violations
For non-financial issues like denied visitation, your evidence will be more of a story, but it needs to be just as detailed and organized. Consistency here is everything.
Start a detailed journal or log immediately. This is your single most important tool. For every single violation, you need to record:
- Date and Time: Note the exact date and scheduled time of the missed visit.
- What Happened: Describe precisely how the visit was denied. Did they not answer the door? Did they text you a last-minute cancellation? Write it all down.
- Who Was Present: Note if you had any witnesses, like a friend or family member who came with you for the exchange.
- Your Communication: Document how you tried to resolve it. Did you call? Text? Write down their exact response, or lack thereof.
A calm, factual, and consistent log shows the judge a clear pattern of deliberate behavior. It transforms your claim from a simple “he said, she said” dispute into a documented history of non-compliance.
Beyond your journal, use technology to your advantage. Screenshots of text messages, emails, and conversations within co-parenting apps like OurFamilyWizard can provide an undeniable timeline of events. Save these digital records carefully and organize them by date.
Gathering More Complex Evidence
Sometimes, violations are tougher to prove. Maybe your ex violated a geographic restriction, or failed to add you to an insurance policy like they were ordered. This is where things can get more technical.
A critical aspect of building a strong case involves understanding discovery in litigation to gather the necessary information. This is the formal legal process where your attorney can request documents and information from the other party. Think school enrollment records, lease agreements, or employment documents—all of which can prove a violation occurred.
By methodically gathering and organizing your evidence, you walk into the courtroom prepared and confident. You’re not just telling the judge what happened—you're showing them, and that makes all the difference.
What to Expect at Your Contempt of Court Hearing
Let's be honest: walking into a courtroom is intimidating. It's even more stressful when the person on the other side is your ex. But knowing exactly what to expect during your contempt hearing can bring that anxiety way down, helping you focus on what matters—clearly and confidently presenting your case. This is your moment to show the judge, with cold, hard facts, how the court’s order has been ignored.
Who’s Who in the Courtroom
While the hearing is a formal affair, the cast of characters is pretty straightforward. Getting a handle on who does what will make you feel much more in control of the situation.
- The Judge: This is the ultimate decision-maker. They will listen to both sides, look at the evidence, and decide if a violation actually happened.
- You (The Movant): Since you filed the motion, you're officially called the "movant." You and your attorney will be the first to present your case.
- Your Ex (The Respondent): The person accused of breaking the order is known as the "respondent." They get a chance to defend themselves.
- Attorneys: It's very likely that both you and your ex will have lawyers there to argue your cases and question witnesses.
- Court Staff: You’ll also see a bailiff, who keeps order in the court, and a court reporter, who creates an official transcript of every single word said.
How the Hearing Plays Out
A contempt hearing follows a very specific sequence. It all kicks off when the judge calls your case.
From there, the judge will read the allegations directly from your motion and ask the respondent to enter a plea—usually "true" or "not true"—for each violation you've listed. Because jail time is on the table, this part feels a lot like a criminal case, and those formal legal protections are required.
After the plea, it's your turn. Your attorney will call you to the stand to testify. You'll walk the judge through the specific violations, pointing to the evidence you brought, like that detailed log of every missed visit or the bank statements showing a history of unpaid support. Your attorney will then formally offer your documents into evidence for the judge to consider.
Next, the respondent’s attorney gets to cross-examine you. They'll ask questions trying to poke holes in your story or challenge your evidence. The key here is to stay calm, stick to the facts, and answer every question truthfully.
Common Defenses and How to Prepare for Them
Once you've made your case, the respondent has a right to present their defense. And it’s not enough for them to just say they didn’t feel like following the order. To get out of a contempt finding, they have to prove they had a legitimate reason for not complying.
Under the Texas Family Code, the go-to defense is an affirmative defense of inability to comply. This is a high bar to clear. Your ex has to prove two things: that they were unable to follow the order and that their inability wasn't their own fault.
For instance, if the fight is over unpaid child support, they can't just say they were broke. They need to show the judge hard proof of something like an involuntary job loss or a medical emergency that wiped out their savings. It has to be something truly beyond their control.
The Judge’s Decision and What Happens Next
After hearing both sides, the judge will make a ruling. This can go a few different ways:
- A Finding of Contempt: The judge agrees your ex willfully violated the order. From there, the judge will order sanctions. This could mean jail time, fines, ordering makeup visitation, issuing a judgment for back-due support with interest, and making your ex pay your attorney’s fees.
- The Motion is Dismissed: The judge might decide you didn't provide enough evidence to prove a violation "beyond a reasonable doubt" (the standard for criminal contempt) or by a "preponderance of the evidence" (for civil contempt).
- Corrective Orders are Issued: Sometimes, a judge won't find contempt but will still issue new orders to clear up any confusion in the original decree. This is done to make sure everyone is on the same page going forward, like setting highly specific exchange locations or ordering all future payments to go through the state disbursement unit.
No matter the outcome, the judge's decision is put into a formal written order that both you and your ex are legally required to follow.
Key Takeaway: What to Do Next
It’s incredibly frustrating—and often hurtful—when your ex ignores a court order that was put in place to protect you and your children. You’re not powerless here. You have the right to enforce the judge's decision, but moving forward requires a clear head and a solid strategy.
Your first move is to start a detailed log of every single violation. Don't put this off. Document each incident with the date, time, and a simple, factual description of what happened (or didn't happen). At the same time, pull together all your evidence—things like text messages, emails, bank statements, or photos—and organize them into a timeline. This groundwork is absolutely essential for building a strong case.
Filing a contempt of court motion is a serious move, and it demands precision. While it's one of the most powerful tools in family law, it's also packed with complexities. Because jail time is a potential outcome, the court holds these cases to a very high standard of proof. One small mistake in your filing or presentation can derail everything. Trying to handle this alone is a risk you simply don't need to take.
The surest way to protect your rights and get the outcome you deserve is to work with a legal professional. An experienced family law attorney will make sure your motion is filed correctly, your evidence is compelling, and that the judge truly understands your side of the story.
If you’re ready to hold your ex accountable, getting experienced legal help is the next logical step. After your hearing, it’s important to stay in the loop; you can use online resources to track the progress of your case.
To get a better handle on all the legal tools available to you, I highly recommend reading our in-depth guide on how to enforce your Texas divorce decree.
Schedule a Free Consultation Today
You don’t have to go through this alone. The attorneys at The Law Office of Bryan Fagan, PLLC, are here to help you enforce your court order and bring stability back to your family. Schedule a free, confidential consultation with us today. We'll listen to your story, explain your options in plain English, and help you build a plan to protect your rights with confidence.
Common Questions About Contempt Actions
When you're dealing with a court order that's being ignored, a lot of questions pop up. It's a frustrating spot to be in, and you deserve straightforward answers. Here are some of the most common questions we hear from clients who are ready to file for contempt of court.
How Long Will It Take to Get a Contempt Hearing?
Once your Motion for Enforcement is filed and properly served, you can generally expect a hearing to be scheduled within 30 to 60 days.
Of course, this timeline can shift. The biggest variable is the court's own calendar in your specific Texas county—some are simply busier than others. The most important step on your end is making sure the other party is served with the legal notice correctly. Any hiccup or delay in service will push your court date back.
What if My Ex Says They Can't Afford to Pay?
This is probably the most common defense we see. It’s legally known as "inability to comply." For this argument to hold up in court, your ex has to prove two things to the judge: that they genuinely don't have the money, and that their financial situation isn't their own fault.
They can't just quit a high-paying job and then claim poverty. They'll need to back up their story with solid proof, like bank statements, termination letters, or medical bills that explain their financial hardship.
If the judge finds their story credible, they might avoid being held in contempt. But that doesn't mean they're off the hook. The judge could still put them on a strict payment plan or even modify the original support order to reflect their new circumstances.
Can the Judge Make My Ex Pay My Attorney Fees?
Absolutely. The Texas Family Code gives judges the power to order the non-compliant person to cover your reasonable attorney’s fees and court costs if you win.
In fact, it's a standard request we include in every enforcement motion we file. You shouldn't be forced to pay out of pocket just to make someone follow an order they should have been obeying all along.
You don't have to face this frustrating and complicated process on your own. At The Law Office of Bryan Fagan, PLLC, our experienced attorneys are here to help you enforce your court order and stand up for your rights. Schedule a free, confidential consultation to go over your case by visiting us at The Law Office of Bryan Fagan, PLLC.
