Texas courts are statutorily empowered to enforce their orders by contempt. However, a divorce decree that awards a sum of money, payable in a lump sum or in future installments, is generally not enforceable by contempt, unless either:
1. Payment is to be made from a fund that exists at the time of the decree; or
2. The decree awards the right to receive installment payments or a lump-sum payment due on the maturation of an existing vested or non-vested right to be paid in the future; or
3. The award is for temporary spousal maintenance, as when, following a long term marriage, a spouse lacks the ability to work and earn money to be self-support
The Texas motion to enforce settlement agreement is a legal recourse available to parties involved in a dispute to ensure that the terms of a settlement agreement are upheld. It involves seeking the court's intervention in enforcing the agreed-upon terms when one party fails to fulfill their obligations under the settlement. Keywords: Texas motion to enforce settlement agreement, legal recourse, dispute, terms, court's intervention, agreed-upon terms, obligations, settlement. In Texas, there are different types of motions to enforce settlement agreement that may be filed, each addressing specific scenarios or circumstances: 1. General Motion to Enforce Settlement Agreement: This type of motion is used when one party believes that the other party has breached or failed to perform under the terms of the settlement agreement. The moving party requests the court to enforce the agreement's provisions and may seek remedies like monetary damages or specific performance. 2. Motion for Contempt for Failure to Comply with Settlement Agreement: This motion is filed when one party alleges that the other party is deliberately and willfully refusing to comply with the agreed-upon terms. The moving party seeks to hold the non-compliant party in contempt of court, which can result in penalties, fines, or even imprisonment. 3. Motion for Specific Performance of Settlement Agreement: In cases where monetary damages are insufficient or inadequate to remedy a party's breach, the injured party may file a motion seeking specific performance. Specific performance aims to compel the non-breaching party to fulfill the obligations outlined in the settlement agreement exactly as stated. 4. Motion for Damages Due to Breach of Settlement Agreement: If one party has suffered financial losses directly resulting from the other party's breach of the settlement agreement, they can file a motion seeking monetary damages. This motion asks the court to award compensation to the aggrieved party to cover any financial losses incurred due to the breach. 5. Motion to Modify or Alter Settlement Agreement: Sometimes, circumstances change after a settlement agreement is reached, making certain terms unworkable or unfair. In such cases, a party may file a motion seeking to modify or alter specific provisions of the settlement agreement. This motion must demonstrate a substantial change in circumstances and provide a compelling reason to warrant a modification. It is essential to note that the specific procedures, documentation requirements, and legal standards for these motions may vary, depending on the jurisdiction and the underlying nature of the dispute. Seeking professional legal advice is crucial to navigate the complexities associated with the Texas motion to enforce settlement agreement effectively.
Free preview Motion Order Contempt Texas
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