A court order is not a suggestion — it is a binding legal directive. When the other party ignores it, you should not have to simply accept the consequences. Whether your former spouse has stopped paying child support, is withholding your parenting time, or has failed to transfer property awarded to you in the divorce decree, Texas law gives you powerful tools to hold them accountable.
The Law Office of Ryan Putz represents clients in enforcement actions in Walker County's 12th District Court. Ryan Putz has experience using every enforcement mechanism Texas law provides — from wage withholding and license suspension to contempt of court — to make non-compliant parties answer for their violations and to make you whole. If someone is not following a court order that affects you or your children, we take action.
When Do You Need a Family Court Order Enforcement Attorney?
Enforcement actions become necessary when the other party to a family court order willfully fails or refuses to comply with its terms. Common situations that call for an enforcement attorney include:
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Child support payments that are missed, partial, or significantly late
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A parent who refuses to surrender the child for your scheduled possession time or cuts visits short
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A parent who takes the child outside a court-ordered geographic restriction without authorization
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Failure to transfer a vehicle, real estate, retirement account, or other property awarded in the divorce decree
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Failure to pay debts the other party was ordered to pay — including mortgage, credit cards, or other marital obligations — resulting in liability or damage to your credit
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Failure to pay court-ordered spousal maintenance
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Failure to pay court-ordered attorney's fees
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Violation of a protective order's terms
If any of these situations apply to you, the enforcement process begins with a motion filed in the court that entered the original order — in Walker and Montgomery County cases.
Enforcement of Child Support Orders
Texas has an extensive toolkit for enforcing child support obligations. When a parent fails to pay court-ordered child support, the following remedies are available under Texas law:
Contempt of Court
A court can find a non-paying parent in contempt for each separate violation of the support order. Criminal contempt can result in confinement of up to six months per violation. Civil contempt allows the court to confine the obligor until they pay the amount owed or make satisfactory arrangements. Both can be imposed in the same proceeding under Texas Family Code § 157.166.
Wage Withholding (Income Withholding Order)
Texas law requires income withholding orders in virtually all child support cases. An IWO is served directly on the obligor's employer, who must withhold support from each paycheck and remit it to the State Disbursement Unit. If the obligor changes jobs, we can obtain and serve updated orders on new employers. Withholding can also reach commissions, bonuses, retirement distributions, and other periodic income.
License Suspension
The Texas Office of the Attorney General — and courts directly — may suspend a delinquent obligor's driver's license, professional or occupational license, and recreational licenses (hunting, fishing) when child support arrears exceed a threshold or the obligor has failed to comply with a court order or subpoena. License suspension is a powerful lever, especially for obligors in licensed professions.
Tax Refund Intercept
Federal and state tax refunds owed to a delinquent obligor can be intercepted and applied to child support arrears through the Federal Tax Refund Offset Program. The OAG coordinates this process once arrears reach the qualifying threshold.
Seizure of Assets and Financial Accounts
The court may order the seizure of bank accounts, retirement account distributions, lottery winnings, personal injury settlements, and other assets to satisfy child support arrears. A writ of withholding can also reach lump-sum payments from employers, including severance.
Credit Reporting
Child support arrears of $25 or more may be reported to consumer credit reporting agencies, affecting the obligor's credit score and ability to obtain credit, housing, or employment requiring a credit check.
Recovery of Arrears and Interest
Unpaid child support accrues interest at 6% per year in Texas. We can pursue a judgment for the full amount of arrears plus interest. Unlike other debts, child support arrears are not dischargeable in bankruptcy and are not subject to a statute of limitations in the same way as ordinary civil claims.
Enforcement of Possession and Access Orders
When a parent denies your court-ordered possession time — refuses to turn the child over, relocates the child without authorization, or repeatedly fails to make the child available — Texas Family Code Chapter 157 provides specific remedies:
Contempt for Denial of Possession
Each denial of a scheduled possession period is a separate, enforceable violation. A court can hold the denying parent in contempt for each incident, imposing fines and potential confinement. Texas Family Code § 157.001 allows enforcement of any order that creates or defines a right of possession of or access to a child.
Make-Up Possession Time
Texas Family Code § 157.168 allows the court to award make-up possession time to compensate for periods that were wrongfully denied. The court has discretion to order additional possession time on dates and at times of the moving party's choosing, with the specific schedule designed to make up for what was lost.
Attorney's Fees and Costs
Texas Family Code § 157.167 provides that a court shall order a party who violates a possession order to pay the other party's reasonable attorney's fees and court costs incurred in bringing the enforcement action — unless the court makes specific findings that doing so would be unjust. This fee-shifting provision is a significant deterrent and means that a prevailing party in an enforcement action can often recover their legal costs.
Writ of Habeas Corpus
If a parent is actively withholding a child in violation of a possession order, the aggrieved parent can seek a writ of habeas corpus under Texas Family Code Chapter 157, Subchapter H. This is an expedited proceeding in which the court can order the immediate return of the child. If the withholding parent has taken the child across state lines, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and federal Parental Kidnapping Prevention Act may also come into play.
Modification as a Remedy for Patterns of Interference
When enforcement alone is insufficient — because one parent has demonstrated a sustained pattern of interfering with the other's possession rights — modification of the conservatorship arrangement may become appropriate. A documented history of contempt violations is compelling evidence in a modification proceeding and can support a change in primary conservatorship.
Enforcement of Property Division in a Divorce Decree
A final divorce decree is a court order, and the property division terms within it are enforceable as such. Texas Family Code §§ 9.001–9.014 govern enforcement and clarification of property division orders. If your former spouse has failed to transfer property — a vehicle, real estate, financial account, retirement funds, or other assets — or has failed to pay a debt they were ordered to pay, you have the following options:
Motion to Enforce
A motion to enforce seeks a court order compelling the non-complying party to perform their obligations under the decree. Texas Family Code § 9.001 provides that a court with continuing jurisdiction over a divorce may enforce the property division through contempt, just as it can enforce any other court order. Contempt for property division violations can result in fines and confinement.
Clarifying Orders
Texas Family Code § 9.006 allows a court to enter a clarifying order if the original decree is not specific enough to be enforceable by contempt. A clarifying order provides greater detail about the steps each party must take to comply — for example, specifying the exact account number, transfer amount, or deadline. A clarifying order cannot change the substantive division of property; it only adds necessary specificity.
Judgment for Debt Obligations
If a former spouse was ordered to pay a joint debt and has failed to do so — leaving the other spouse facing creditor collection or credit damage — the court can enter a judgment against the non-complying party for the resulting damage. Texas Family Code § 9.013 allows the court to award damages including lost earnings, costs incurred to undo the damage, attorney's fees, and other loss actually suffered.
Enforcement of Spousal Maintenance Orders
Court-ordered spousal maintenance that goes unpaid can be enforced through the same contempt mechanism as child support. Missed maintenance payments can also be enforced through income withholding orders. The court can hold the paying party in contempt for each missed payment and award the receiving party a judgment for all unpaid amounts plus interest.
For contractual alimony incorporated into a divorce decree, enforcement may also be available through contempt depending on how the decree language is structured. If the decree does not incorporate the alimony agreement in a way that supports contempt, a breach of contract action may be required. We review your decree to determine the strongest available enforcement path.
What to Expect in a Walker County Enforcement Hearing
Enforcement actions in Walker County and Montgomery County District Courts. The process generally follows these steps:
1. Filing the Motion
We file a Motion for Enforcement (and Motion for Contempt if applicable) in the Texas District Court, setting out each specific violation with dates, amounts, and details.
2. Personal Service
The non-complying party must be personally served with the motion and a show cause order — service by mail or e-service is not sufficient for contempt in most circumstances.
3. Show Cause Hearing
The court sets a hearing at which the non-complying party must appear and show cause why they should not be held in contempt. Both sides present evidence — payment records, communication logs, police reports, bank statements.
4. Findings and Remedies
If the court finds a violation, it can impose contempt sanctions, order make-up possession time, enter a judgment for arrears, order wage withholding, and award attorney's fees.
5. Right to Counsel
In cases where criminal contempt is sought (confinement is a possible remedy), the respondent has a constitutional right to appointed counsel if they cannot afford an attorney. This adds procedural requirements we navigate for you.
The moving party bears the burden of proving each violation — but the burden then shifts to the respondent to show inability to comply (if they assert that as a defense) or a valid excuse. We build enforcement cases meticulously, with documentary evidence and, when necessary, witness testimony.
Attorney's Fees in Enforcement Cases
Texas law strongly favors awarding attorney's fees to a party who successfully enforces a family court order. Texas Family Code § 157.167 creates a presumption in favor of fee awards in possession enforcement cases. Courts may also award fees in child support and property enforcement cases. This means that in many enforcement actions, the non-complying party — not you — ends up bearing the cost of the litigation.
We track attorney's fees throughout the enforcement process and present a complete fee affidavit at the hearing so the court can award the full amount to which you are entitled.
Responding to an Enforcement Action Filed Against You
If an enforcement motion has been filed against you, do not ignore it. Failing to appear at a contempt hearing can result in a capias warrant being issued for your arrest. Even if you believe the motion is without merit or exaggerated, you have the right to present your defense.
Common defenses in enforcement proceedings include:
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Inability to comply — a party cannot be held in contempt for failure to comply with an order they are genuinely unable to follow (e.g., inability to pay due to documented job loss or medical emergency). Inability must be proven with clear evidence — the burden is on the respondent once the movant establishes a violation occurred.
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The order is ambiguous — if the original order is not specific enough to be enforced by contempt, the proper remedy is a clarifying order, not a contempt finding
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Compliance — showing that the alleged violations did not occur or that the obligation has since been fulfilled
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Agreement or modification — if the parties informally modified the order's terms, a properly documented agreement may provide a defense (though informal oral agreements are not reliable and should never substitute for a court-ordered modification)
The Law Office of Ryan Putz represents respondents in enforcement proceedings as well as movants. If you have received an enforcement motion, contact us immediately so we can review the allegations, assess your defenses, and ensure you are represented at the hearing.
Why Choose the Law Office of Ryan Putz?
Enforcement cases require an attorney who knows the procedural requirements, builds airtight evidentiary records, and is not afraid to pursue aggressive remedies when the other party refuses to follow court orders. Ryan Putz brings that experience and commitment to every enforcement case in Walker County.
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Thorough knowledge of Texas Family Code Chapter 157 and the full range of enforcement remedies
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Experience with contempt proceedings, wage withholding, license suspension, and asset seizure
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Meticulous documentation — we build enforcement cases with the evidence needed to prevail
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Enforcement of all order types — child support, possession, property division, and spousal maintenance
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Represents both movants enforcing orders and respondents defending against enforcement claims
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Practices regularly in the 12th District Court, Walker County
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Tracks and recovers attorney's fees from non-complying parties
The Law Office of Ryan Putz serves clients throughout Walker County, including Huntsville and surrounding communities, and Montgomery County from our satellite office in The Woodlands. We also serve San Jacinto County, Madison County, and Trinity County.
