Summary
In Texas, if child support arrears are paid before an enforcement hearing, you can argue the motion is moot. Under Texas Family Code Section 158.506, you can contest improper enforcement. To dismiss the enforcement action, gather proof of payment, draft a motion to dismiss, file it with the court, and serve the other party. In Harris County, motions are generally heard at the Harris County Civil Courthouse. Check specific procedures by visiting the courts website, contacting the court clerk, or reviewing local rules.Full Conversation
Texas Family Code - FAM ยง *.*. Contest by Obligor to Administrative Writ of Withholding no this is what it has to do with
Under Texas Family Code Section *.*, an obligor can contest an administrative writ of withholding if they believe it's being improperly enforced.
Would you like more details on how to file a contest or the specific steps involved?
how can that be applied if you have a motion against you for not paying child support but you paid off the arrears before the enforcement hearing, is there any case law protecting that
If you have paid off the arrears before the enforcement hearing, you can argue that the enforcement motion is moot. Here's what you could consider:
- Present Proof of Payment: Provide evidence that you have paid the arrears.
- Motion to Dismiss: File a motion to dismiss the enforcement action on the grounds that the obligation has been satisfied.
Would you like more details on how to file this motion?
Yes
To file a motion to dismiss the enforcement action, you can follow these steps:
*. Gather Documentation: Collect all proof of payment for the arrears.
*. Draft Motion to Dismiss: Prepare a motion to dismiss the enforcement action based on the satisfied obligation.
*. File with Court: Submit the motion to the court handling your case.
*. Serve the Other Party: Ensure the other party receives a copy of the motion.
Do you need help with drafting the motion or understanding the process further?
Will this motion be heard by oral or on the submission docket?
In Texas, whether your motion will be heard orally or on the submission docket generally depends on the specific court's procedures and the nature of the motion. Some motions may be decided based on the written submissions alone, while others may require an oral hearing.
Would you like more information on how to check the specific procedures of your court?
based on this motion to dismiss the enforcement proceeding what is it usually heard on?
Case Rating: *.
Typically, a motion to dismiss an enforcement proceeding in Texas family law can be heard either orally or on the submission docket. This depends on the court's procedures.
Would you like detailed steps on how to check the court's specific procedures for your case?
Okay if it is in harris county family court then where is it heard
In Harris County, family court motions are generally heard at the Harris County Civil Courthouse.
Harris County Civil Courthouse
Phone: (*) *-*
Address: * Caroline St, Houston, TX *
Website: www.harriscountytx.govWould you like guidance on how to check the specific procedures for your motion in this court?
yes, for the motion to dismiss enforcement
To check the specific procedures for your motion to dismiss enforcement in Harris County Family Court, you can follow these steps:
*. Visit Court Website: Check the Harris County Civil Courthouse website for procedural guidelines.
*. Contact the Court Clerk: Call the court clerk at (*) *-* to inquire about motion procedures.
*. Review Local Rules: Look at the local rules of the court, which may be available online.
Need help with any of these steps?