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Enforcing an Order

⚠ Start here: enforcement is procedurally complex. A motion for enforcement or contempt must meet exact pleading requirements (Tex. Fam. Code ch. 157, for example § 157.002: it must identify each provision violated and each date of violation), follow strict notice and service rules, and can put someone in jail. Mistakes can get a motion denied or a contempt order thrown out. Your first step:

Child support: contact the Texas Attorney General Child Support Division, 800-252-8014 (Relay Texas 711). It can enforce support at no cost to you.
Possession, access, or anything else: talk to an attorney. See Get Help or the State Bar of Texas Lawyer Referral Service.

The explanation below is general information, not a substitute for that help.

What to do when the other party does not pay support or follow the possession schedule.

Sections

Motions for enforcement and contempt

1. Motions for enforcement and contempt

Learning objectives

Describe what an enforcement motion must contain.
List enforcement remedies.
Identify the OAG's role.

A motion for enforcement (Tex. Fam. Code ch. 157) must, in ordinary and concise language, identify the order, state the specific provision violated, and describe each violation, with dates, amounts owed and paid, and the arrears (Tex. Fam. Code § 157.002). Remedies can include contempt (jail or fines), a money judgment for arrears with interest, income withholding, license suspension, and liens. Make-up possession time is also available for denied visits (Tex. Fam. Code § 157.168).

Notice of the motion and hearing is usually by personal service. In some cases, mail to the address on file is allowed (Tex. Fam. Code § 157.062, Tex. Fam. Code § 157.065). If jail is possible, personal service is the safer route, and the respondent has the right to counsel (Tex. Fam. Code § 157.163).

Time limits: a motion for contempt or to enforce possession generally must be filed within two years after the child turns 18 or the obligation ends. Longer limits apply to money judgments for support arrears (Tex. Fam. Code § 157.004, Tex. Fam. Code § 157.005).

The Texas OAG Child Support Division can enforce support for free. TexasLawHelp.org does not provide child support enforcement forms. Enforcement motions are technical, and missing details can defeat contempt. Get legal help if possible. Our violation log template helps you organize dates.

Practice questions

Practice 1. Rae's ex has missed four support payments. She files a motion that says only "Respondent has not paid child support." What is the problem?

Practice 2. The other parent denied three weekend visits. Besides contempt, what remedy does the Family Code provide?

Next: Protective Orders →