Houston, TX asked in Family Law for Texas

Q: How do I file a motion to revoke community supervision because the NCP is not paying pursuant to the orders?

I've filed an enforcement, he was found guilty of contempt and given a 30 suspended sentence and he has still not complied.

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1 Lawyer Answer
Sharita Blacknall
Sharita Blacknall
Answered
  • Plano, TX
  • Licensed in Texas

A: If the non-custodial parent (NCP) is not complying with the court's order, and you've already taken the initial steps of enforcement and the NCP was found in contempt but is still not complying, you have several options:

Office of the Attorney General: You can seek assistance from the Office of the Attorney General in Texas. They provide services to enforce child support orders, including cases where the NCP is not complying with the order. They can take various enforcement actions, including filing a motion to enforce the suspended sentence.

Self-Representation: If you choose to handle the matter yourself, you'll need to file a motion to enforce the suspended sentence. This motion should detail the NCP's non-compliance and request that the court enforce the suspended sentence. After filing, you'll need to serve the motion to the NCP, typically by a process server or law enforcement officer. The NCP must be given notice of the motion and a chance to respond. A hearing will be scheduled, and you'll need to attend and present your evidence of non-compliance.

Hire an Attorney: If you prefer, you can hire a family law attorney to handle this process for you. They can file the motion, serve it to the NCP, and represent you at the hearing. An attorney can also provide advice based on their knowledge of the case and the local court system.

Remember, this is a general guide and the exact process may vary based on your local court rules and the specifics of your case. Always consult with a legal professional for advice.

Rafee'a S. Majeed agrees with this answer

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