Nixon, TX Divorce Law Firms & Lawyers

It all depends on the facts of your case. For example, how were titles held, what contributions you made towards the purchase of items, or if you held yourselves out as married and filed joint returns, etc. As a mother, you and your ex would need to agree on custody of the minor children or the court would have to decide and award child support accordingly. You are best off consulting with an attorney to find out your rights. This response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the readers.

In order to enforce a court order by contempt of court, the order typically must be signed and the party against whom the order is being enforced must have actual notice of its contents.In divorce cases, the written temporary order memorializing the associate judge's rulings at the temporary order hearing is typically prepared by the petitioner/movant's attorney and circulated to the respondent's attorney to be approved as to form or to make any objections within a couple of days after the temporary order hearing. If there are no objections to the form of the order, it is typically signed by the judge within a week of the hearing.  A temporary visitation order can also be enforced by means other than contempt of court, for example by giving make-up visitation time to the parent deprived of a scheduled visit.Sometimes, for strategic reasons, it is unwise to ask the court to strictly enforce a court order against the other party because the violation itself might be evidence of something you want to show the court about the other party that may enhance your case or weaken their case.  

You don't say if what he has to pay you is support or funds that constitute a division of property. If it's support, he can not bankrupt out of it. If it's a division of property that was reduced to judgment, it is treated as a secured priority debt. If he is not currently in bankruptcy, you can go to court on either a motion for contempt (support) or a motion to compel.