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Kalish Law Texas

Divorce, Probate, Business Law- The Woodlands Kalish Law

(281) 363-3700
(281) 363-3700
  • Practice Areas
    • Family Law
    • Divorce
    • Divorcio
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You are here: Home / Legal Blog / Finding Your Ex in Contempt of a Court Order Involving Children

Finding Your Ex in Contempt of a Court Order Involving Children

July 15, 2011 By Kalish Law Office

What is contempt?

Contempt is an action that can be used by the court to enforce an order, or to punish disobedience.  Contempt can be used by the court “on its own” (Judge says, “I am going to find you in contempt for your misbehavior in this courtroom”) or can be requested by a party who files a motion with the court (a parent files a suit against the other parent for non-payment of child support and repeated visitation violations).
 I could write for several pages about contempt in general. For this blog post, let’s narrow it down to situations in which contempt is filed by one parent against another.
 If are a party to a court order that is being violated (but not by you!), you may have already wondered about how this works. 
Family law contempt cases relating to children typically involve one of the following:
1)      A party has not paid child support or medical support as it was ordered in the decree
2)      A party is not following the visitation schedule as it was ordered in the decree, especially if access to the children is being withheld.
3)      A party is not following restrictions placed upon him/her by court order that involve health or safety of the children (drinking before or during visitation times).  
If you want to succeed on a motion for contempt, there are a few things you are going to need: 
1)      Actual instances of contempt– Filing a motion for contempt with nothing but anger or desire for vengeance to back it up is not going to work for you. You will spend time and money; negatively affect your children, waste court time and anger the judge. 
2)      Very good records– In a contempt action, you need to have copies of documents that are relevant and support your case, and an accurate list of when contempt occurred.   Examples of documents: A certified copy of the final court order that s/he has violated (see our recent blog about how and why to get one of these- June 21, 2011);   emails or letters showing your ex’s disregard of the court order, photos, certified mail receipts showing his/her receipt of medical bills that went unpaid, your diary or logs of the months child support was unpaid, a copy of child support payments from the Child Support Division.
3)      A healthy attitude- An attitude of hatred or uncontrollable anger that drives the case and comes across to a judge will not help you.   An attitude of doing what’s best for your child, keeping your child safe, getting money to help support your child-  this will definitely help you.
4)      Organization: Here is a tip that can save you time and money:  get really organized before you go to an attorney’s office for a consult.  Have a list prepared of all the times that the court order has been violated. It is a good idea to keep a journal or computer log that you can enter information into regularly.   Have your documents in a folder, organized by date.  
A Motion for Contempt is filed along with (and is part of) a “Motion to Enforce”.  This means that the judge is asked to enforce the prior order that is not being followed AND is being asked to punish the person who is not following the order by making him/her pay back sue child support, if any, pay attorney’s fees, and/or serve jail time. Because the result can be very severe and can result in a loss of a person’s liberty (even for a short time), the standard of proof is strict.  The judge may decline to find someone in contempt, but still enforce the order that is requested (such as payment of child support). 
A Motion to Enforce can be filed without a Motion for Contempt and very often it is.  The enforcement motion filed alone can save legal fees and have the intended result.  In cases where a person has to be taken back to court again and again, a Motion for Contempt is more appropriate.  It is also appropriate in cases where a party’s misbehavior is so terrible that it is a risk to the health and safety of the child.  

A consultation with a family law attorney can help you determine your options and get legal advice to help you protect your legal rights.

“Passionate, Professional and Personal. We Make the Difference.” Kalish Law Office has been serving businesses and families since 1984.

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Filed Under: Legal Blog Tagged With: child support non-payment, contempt, motion to enforce, supervised visitation, Texas child support, Texas Law, The Woodlands Texas Law Blog, visitation and custody, visitation contempt

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Kalish Law Texas

3 Grogan's Park Dr.
Ste. 200
The Woodlands, Texas 77380
Phone: 281-363-3700

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Kalish Law Firm handled our estate planning. The whole team is very professional and friendly. Special thanks to Ms Maggie Gonzalez she was so patient and made us feel very comfortable. We would gladly recommend Kalish Law Firm.
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Sio and her staff are very professional and experienced. They did an awesome job for me and I highly recommend them.
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Here's some background- I'm the father of 2 fantastic kids, who’s mother is in law enforcement. I came to Sio desperate for help to modify my standard custody order in MoCo- seeking more time with my kids, more decision making authority, and the ability to hold my ex accountable to making choices that will benefit our kids and give them everything that they deserve.As a father, nobody believed this was possible. I had friends and family tell me I didn’t stand a chance. I even consulted with a different attorney once who refused my case, claiming fathers only win if there’s abuse or drugs involved. Then I found Sio…From day 1, Sio treated me as a parent- not “just a father”. Though she acknowledged that my case would be a battle, she never doubted what I was fighting for. Sio and her team were understanding and patient throughout this stressful time in my life, and took their time to help me understand the complicated family court processes. In the end, she DELIVERED. I was able to creatively modify my custody order to provide an arrangement that will truly serve my children.If you’re a good father looking to provide a good life for your kids, call Sio
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Sio was my Lawyer her team amazing. They keep me update on any information about my case . They explained everything to me step by step. my case was successful. In any case make sure have all your documents and facts together.Thanks,Ladies and Kalish Law for all your hard work!
michelle stern
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Sio was attentive and very responsive and supportive. I highly recommend her for any family law needs. Excellent service!
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Estate planning, Last Will and Testament…Good people, professional and courteous.
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Excellent Legal Representation, timely, efficient and very cost effective! Family based firm with strong & experienced staff of attorneys and paralegals. Mrs. Sio Petri has provided 5 star service for any of my legal needs! Our family travels from Beaumont Tx to the Woodlands because we are so impressed with this firm! Highly recommend!
Maria Colindres
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I have the honor and pleasure to recommend the law firm KALISH LAW OFFICE and its incredible professional legal team. The lawyer SIO RAMIREZ PITRE is an excellent lawyer with an experience, Efficiency, responsibility, honesty and with a great professional approach that advises you at all times and In all aspects in your process, with her incredible and professional paralegal team who are constantly aware of your case in a responsible way, they are very responsible. Thank you MIRNA RAMIREZ, MAGGIE GONZALES, ADILENE RODRIGUEZ, for all your great work and legal advice and thank you Attorney SIO RAMOREZ PITRE for your dedication and commitment which exceeds all the required standards. I am more than grateful, very satisfied with your services ... May God always guide you to help all people that require your great work, it is my pleasure to give my recommendations to this great law firm Kalish Law Office and its team that is very Committed to help everyone.Thank you for all your support ..
Betty Jimenez
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22:05 12 Nov 21
Kalish Law Firm has been amazing with my legal needs.Mrs Sio Ramirez Pitre represented me for my divorce.Speacial thanks to Mrs Sio.Their team of lawyers, MR Bob Kalish and Mrs Laura Kalish as well as the entire staff, Paralegal Myrna Ramirez , Addy, and Maggie , all are efficient,,well informed,They always have the best interest in mind, the client and family in legal terms. I strongly recommend their legal skills.They will work hard for you.Thank you so much Kalish Law Firm.
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This office was so professional, friendly, prompt, and detailed. They helped me with my issue and I will definitely contact them again for any future legal needs!
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Probably the most complete and succinct law mind in the world will be working with you as they have with me. Bob Kalish He’s a consummate professional, and a winner through and through. Achieve your ends with confidence.
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Kalish Law was a big help not only in aiding in the preparation to sell a business, but also with making sure all the dots were crossed for our estate planning needs. They make sure you understand everything and exhibit a true desire to make sure they have taken care of your legal needs. I recommend them highly!
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Firm handled wills for my husband and me -they were knowledgable and answered all our questions very patiently. Bob Kalish and his team also advised us on need for durable power of attorney and guided us through the process of considering end of life issues such as DNR. Overall, very pleased with the service, the turnaround time for our documents was excellent and they were prepared exactly as we wanted.
L Fisher
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I don't recommend Kalish Law to represent you in your divorce hearing. My case was dismissed for numerous reasons. Paperwork not being filed on time, and a missed notary seal. I never once received in a yr and half an invoice. After requesting a refund, her team sent me a bill for almost 8k! DO NOT HIRE THIS FIRM! My money was completely wasted. Oh let us not forget my child support was also dismissed as well. AGAIN DO NOT HIRE THIS FIRM!
Andrea Lau Luarca
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21:22 28 Aug 19
I used Kalish Law Services I believe a year or two ago. Sio, represented me during my child support/visitation with the father of my children that was highly difficult. She discussed all the possibilities and was very explanatory on how the process would go. She was straight forward and to the point. No time wasted. I was very pleased in how my experience went with everything and the great communication sio and her staff had with me. I would use their services again if the opportunity did arise. I do highly recommend them. They are so great.
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Bob Kalish and his team worked hard to help me with my issues.
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Sio has been representing me for the past year and a half. She has been understanding and has truly gone above and beyond for me and my children. I would highly recommend her for any family court cases you may have going on. Sio is the best when it comes to standing up and defending her clients. Her assistants Ann and Myrna have also been wonderful answering all of my questions and emails right away. Thank you guys so much!
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