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Defective Enforcement Order Concerns
Summary
An enforcement order may be defective if it improperly includes both criminal and civil components. Texas law allows for additional periods of possession or access to a child if court-ordered access was denied, with specific conditions. Community supervision terms can be modified based on medical conditions affecting employment. Unpaid child support becomes a final judgment with interest, and cumulative money judgments confirm arrearages. Courts cannot reduce arrearages but may allow counterclaims for expenses paid on behalf of the child. Present evidence during hearings to support your case.Full Conversation
Sec. *.*. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. (a) Except as provided in Subsection (a-*), a court may order additional periods of possession of or access to a child to compensate for the denial of court-ordered possession or access.
(a-*) Unless a party shows good cause why the order should not be rendered, a court shall order additional periods of possession of or access to a child to compensate for a denial of court-ordered possession or access that resulted from an investigation by the Department of Family and Protective Services that did not result in a finding of abuse or neglect.
(a-*) The additional periods of possession or access:
It appears you have concerns about the validity of an enforcement order that includes both criminal and civil components, as well as seeking information on additional periods of possession or access under Texas law.
Do you need assistance with challenging the enforcement order, or are you more focused on understanding your rights regarding additional periods of possession or access?
Do you need assistance with challenging the enforcement order, or are you more focused on understanding your rights regarding additional periods of possession or access?
explain that in simpler terms
Sure! Here’s a simpler explanation:
- An enforcement order can be problematic if it mixes criminal and civil issues. They should be separate.
- Texas law (Sec. *.*) allows extra time with your child if you were denied court-ordered time. This extra time should be similar to what was missed and must happen within 2 years.
- The person who missed time with the child can choose when the extra time happens.
- This law doesn't let you sue the Department of Family and Protective Services if they caused the issue.
What's your main concern: challenging the enforcement order or understanding your rights for extra time with your child?
- An enforcement order can be problematic if it mixes criminal and civil issues. They should be separate.
- Texas law (Sec. *.*) allows extra time with your child if you were denied court-ordered time. This extra time should be similar to what was missed and must happen within 2 years.
- The person who missed time with the child can choose when the extra time happens.
- This law doesn't let you sue the Department of Family and Protective Services if they caused the issue.
What's your main concern: challenging the enforcement order or understanding your rights for extra time with your child?
hurry up
If an enforcement order improperly includes both criminal and civil components, it might be legally defective. Regarding additional periods of possession or access to a child:
- Courts can grant extra time if court-ordered access was denied.
- This extra time should match the type and duration of the missed access.
- It must be ordered within two years of the denied access.
What specific issue do you need help with regarding these points?
- Courts can grant extra time if court-ordered access was denied.
- This extra time should match the type and duration of the missed access.
- It must be ordered within two years of the denied access.
What specific issue do you need help with regarding these points?
(*) must be of the same type and duration of the possession or access that was denied;
(*) may include weekend, holiday, and summer possession or access; and
(*) must occur on or before the second anniversary of the date the court finds that court-ordered possession or access has been denied.
(b) The person denied possession or access is entitled to decide the time of the additional possession or access, subject to the provisions of Subsection (a-*)(*).
(c) Subsection (a-*) does not:
(*) create a cause of action against the Department of Family and Protective Services; or
(*) waive sovereign immunity to suit or liability.
It seems you need information on additional periods of possession or access under Texas law. Here’s a simplified version:
- Courts can order extra time with your child if your court-ordered access was denied.
- The extra time must be the same type and duration as the missed access.
- This must happen within two years of the denied access.
What specific detail or part of this law do you need more help with?
- Courts can order extra time with your child if your court-ordered access was denied.
- The extra time must be the same type and duration as the missed access.
- This must happen within two years of the denied access.
What specific detail or part of this law do you need more help with?
Explain everything I send to you in simple terms
Alright, here's a simpler breakdown of what you sent:
*. Enforcement Order:
- If an enforcement order wrongly mixes criminal and civil issues, it can be legally problematic.
*. Additional Periods of Possession or Access (Texas Law):
- Extra Time: Courts can give you extra time with your child if your scheduled access was denied.
- Matching Time: The extra time should be similar in type and length to the missed access (e.g., weekends, holidays).
- Two-Year Rule: This must be ordered within two years from the date the access was denied.
- Your Choice: You can choose the time for the extra access, but it has to fit within the rules.
What specific part of this law do you need more help with?
*. Enforcement Order:
- If an enforcement order wrongly mixes criminal and civil issues, it can be legally problematic.
*. Additional Periods of Possession or Access (Texas Law):
- Extra Time: Courts can give you extra time with your child if your scheduled access was denied.
- Matching Time: The extra time should be similar in type and length to the missed access (e.g., weekends, holidays).
- Two-Year Rule: This must be ordered within two years from the date the access was denied.
- Your Choice: You can choose the time for the extra access, but it has to fit within the rules.
What specific part of this law do you need more help with?
hurry
- Courts can order extra time with your child if your court-ordered access was denied.
- The extra time must be the same type and duration as the missed access.
- It can include weekends, holidays, and summer time.
- This must happen within two years of the denied access.
What specific part do you need more details on?
- The extra time must be the same type and duration as the missed access.
- It can include weekends, holidays, and summer time.
- This must happen within two years of the denied access.
What specific part do you need more details on?
Sec. *.*. CONDITIONS OF COMMUNITY SUPERVISION. If the court places the respondent on community supervision and suspends commitment, the terms and conditions of community supervision may include the requirement that the respondent:
(*) report to the community supervision officer as directed;
(*) permit the community supervision officer to visit the respondent at the respondent's home or elsewhere;
(*) obtain counseling on financial planning, budget management, conflict resolution, parenting skills, alcohol or drug abuse, or other matters causing the respondent to fail to obey the order;
Hi there! Here's a simplified explanation of Sec. *.*:
If a court places you on community supervision instead of jail, you may need to:
- Report to an officer
- Allow home visits
- Get counseling (e.g., financial planning, parenting)
- Pay child support and fees
- Seek job help
- Participate in mediation
Do you have a specific question about any of these points?
If a court places you on community supervision instead of jail, you may need to:
- Report to an officer
- Allow home visits
- Get counseling (e.g., financial planning, parenting)
- Pay child support and fees
- Seek job help
- Participate in mediation
Do you have a specific question about any of these points?
(*) pay required child support and any child support arrearages;
(*) pay court costs and attorney's fees ordered by the court;
(*) seek employment assistance services offered by the Texas Workforce Commission under Section *.*, Labor Code, if appropriate; and
(*) participate in mediation or other services to alleviate conditions that prevent the respondent from obeying the court's order.
Sure! Here’s a simplified explanation:
If the court places you on community supervision instead of jail, you might need to:
- Report to an officer as directed
- Allow the officer to visit you at home or elsewhere
- Get counseling (e.g., financial planning, parenting skills)
- Pay child support and any arrears
- Pay court costs and attorney's fees
- Seek job assistance from the Texas Workforce Commission
- Participate in mediation or other services to help you comply with the court's order
Do you need help with a specific part of this law?
If the court places you on community supervision instead of jail, you might need to:
- Report to an officer as directed
- Allow the officer to visit you at home or elsewhere
- Get counseling (e.g., financial planning, parenting skills)
- Pay child support and any arrears
- Pay court costs and attorney's fees
- Seek job assistance from the Texas Workforce Commission
- Participate in mediation or other services to help you comply with the court's order
Do you need help with a specific part of this law?
Sec. *.*. TERM OF COMMUNITY SUPERVISION. The initial period of community supervision may not exceed 10 years. The court may continue the community supervision beyond 10 years until the earlier of:
(*) the second anniversary of the date on which the community supervision first exceeded 10 years; or
(*) the date on which all child support, including arrearages and interest, has been paid.
Hey there! Here’s a simplified explanation of Sec. *.* regarding the term of community supervision:
- Initial community supervision cannot be longer than 10 years.
- It can be extended beyond 10 years until:
- 2 years after the *-year mark, or
- All child support, arrears, and interest are paid.
Do you need help with any specific detail?
- Initial community supervision cannot be longer than 10 years.
- It can be extended beyond 10 years until:
- 2 years after the *-year mark, or
- All child support, arrears, and interest are paid.
Do you need help with any specific detail?
explain
Sure! Here’s a simplified explanation of Sec. *.*:
- The initial period of community supervision can't be longer than 10 years.
- The court can extend it beyond 10 years, but only until:
*. The second anniversary after it first exceeded 10 years, or
*. All child support (including arrears and interest) is paid.
Do you have any questions about this?
- The initial period of community supervision can't be longer than 10 years.
- The court can extend it beyond 10 years, but only until:
*. The second anniversary after it first exceeded 10 years, or
*. All child support (including arrears and interest) is paid.
Do you have any questions about this?
Why would community supervision be considered if the child support and arrears is paid prior to the hearing
Community supervision might still be considered because it ensures ongoing compliance and addresses any underlying issues that led to the failure to pay child support initially. The court may impose it to monitor and support the respondent's behavior over time.
Do you need help with any specific aspect of community supervision?
Do you need help with any specific aspect of community supervision?
Then how long do they determine it will be for ?
The initial period of community supervision cannot exceed 10 years. The court can extend it beyond 10 years until either the second anniversary after it has exceeded 10 years or all child support, including arrears and interest, is paid.
Do you have any specific concerns about how long your supervision might last?
Do you have any specific concerns about how long your supervision might last?
And how can they determine community supervision if you have a diganosis from a doctor that says you can't earn sustainable employment
Hi there! Here's some general info that might help:
- The initial period of community supervision can be up to 10 years.
- The court can extend it if necessary, but not beyond two additional years, or until all child support is paid.
If you have a medical diagnosis affecting employment:
- Present medical evidence to the court.
- The court may consider modifying terms based on your inability to earn sustainable income.
Do you have any further questions?
- The initial period of community supervision can be up to 10 years.
- The court can extend it if necessary, but not beyond two additional years, or until all child support is paid.
If you have a medical diagnosis affecting employment:
- Present medical evidence to the court.
- The court may consider modifying terms based on your inability to earn sustainable income.
Do you have any further questions?
When you say modify terms what do you mean
"Modify terms" means the court can change the conditions or requirements of community supervision to better suit your situation. For example, if you can't work due to a medical condition, the court might reduce financial obligations or adjust other terms to reflect your inability to earn income.
Do you need more details on how to present your medical evidence to the court?
Do you need more details on how to present your medical evidence to the court?
So they can modify child support right then and there?
Yes, the court can modify child support based on your current circumstances, including your medical condition and ability to earn income. You will need to present medical evidence and other relevant information to the court to support your request for a modification.
Do you need more information on how to present your case for modification?
Do you need more information on how to present your case for modification?
Hello?
Hey! Yes, the court can modify child support right then and there if they find sufficient evidence of your inability to earn income due to a medical condition. This could include reducing your payments or adjusting terms accordingly.
Do you need help with gathering or presenting medical evidence to the court?
Do you need help with gathering or presenting medical evidence to the court?
ec. *.*. UNPAID CHILD SUPPORT AS JUDGMENT. (a) A child support payment not timely made constitutes a final judgment for the amount due and owing, including interest as provided in this chapter.
(b) For the purposes of this subchapter, interest begins to accrue on the date the judge signs the order for the judgment unless the order contains a statement that the order is rendered on another specific date.
If child support is not paid on time, it becomes a final judgment with interest. Interest starts accruing from the order date unless a different date is specified.
Would you like more details on handling unpaid child support or how to address this in court?
Would you like more details on handling unpaid child support or how to address this in court?
what does this mean
Hi there! Here's a simplified explanation:
- Unpaid child support automatically becomes a final judgment, including interest.
- Interest starts accruing from the date the judge signs the order, unless the order specifies a different date.
Do you need help with handling unpaid child support or addressing it in court?
- Unpaid child support automatically becomes a final judgment, including interest.
- Interest starts accruing from the date the judge signs the order, unless the order specifies a different date.
Do you need help with handling unpaid child support or addressing it in court?
hello
Hi! If child support isn't paid on time, it becomes a final judgment, meaning you officially owe that amount, plus interest. Interest starts from the date the judge signs the order unless another date is specified.
Would you like more details on handling unpaid child support or how to address this in court?
Would you like more details on handling unpaid child support or how to address this in court?
Sec. *.*. CONFIRMATION OF ARREARAGES. (a) If a motion requests a money judgment for child support, medical support, or dental support arrearages, the court shall confirm the amount of arrearages and render cumulative money judgments as follows:
(*) a cumulative money judgment for the amount of child support owed under Subsection (b);
(*) a cumulative money judgment for the amount of medical support owed under Subsection (b-*); and
(*) a cumulative money judgment for the amount of dental support owed under Subsection (b-*).
If a motion requests a money judgment for child support, medical support, or dental support arrearages, the court will confirm and issue cumulative money judgments for the total amounts owed in each category. This means the court will officially determine how much is owed and issue a judgment for that total sum.
Would you like to know more about how to handle or contest these arrearages in court?
Would you like to know more about how to handle or contest these arrearages in court?
A cumulative money judgment for the amount of child support owed includes:
(*) unpaid child support not previously confirmed;
(*) the balance owed on previously confirmed child support arrearages or lump sum or retroactive child support judgments;
(*) interest on the child support arrearages; and
(*) a statement that it is a cumulative judgment for the amount of child support owed.
A cumulative money judgment for child support includes:
- Unpaid child support not previously confirmed.
- Balance owed on previously confirmed arrearages or retroactive judgments.
- Interest on child support arrearages.
- A statement that it is a cumulative judgment for the amount owed.
Do you need specific help with contesting or understanding this cumulative judgment?
- Unpaid child support not previously confirmed.
- Balance owed on previously confirmed arrearages or retroactive judgments.
- Interest on child support arrearages.
- A statement that it is a cumulative judgment for the amount owed.
Do you need specific help with contesting or understanding this cumulative judgment?
explain
Sure! Here’s a simplified explanation of the cumulative money judgment for child support:
- The total amount of unpaid child support not yet confirmed.
- Any balance still owed from previously confirmed arrearages or judgments.
- Interest on the unpaid child support.
- A statement confirming the total cumulative amount owed.
Would you like to know more about how to address or contest these judgments in court?
- The total amount of unpaid child support not yet confirmed.
- Any balance still owed from previously confirmed arrearages or judgments.
- Interest on the unpaid child support.
- A statement confirming the total cumulative amount owed.
Would you like to know more about how to address or contest these judgments in court?
A cumulative money judgment for the amount of medical support owed includes:
(*) unpaid medical support not previously confirmed;
(*) the balance owed on previously confirmed medical support arrearages or lump sum or retroactive medical support judgments;
(*) interest on the medical support arrearages; and
(*) a statement that it is a cumulative judgment for the amount of medical support owed.
A cumulative money judgment for medical support includes:
- Unpaid medical support not yet confirmed.
- Balance owed on previous medical support arrearages or judgments.
- Interest on the medical support arrearages.
- A statement confirming the total cumulative amount owed.
Do you need help with contesting these judgments or understanding the legal process further?
- Unpaid medical support not yet confirmed.
- Balance owed on previous medical support arrearages or judgments.
- Interest on the medical support arrearages.
- A statement confirming the total cumulative amount owed.
Do you need help with contesting these judgments or understanding the legal process further?
*) In rendering a money judgment under this title that includes child support, medical support, or dental support arrearages, the court may not reduce or modify the amount of arrearages but, in confirming the amount of arrearages, may allow a counterclaim or offset as provided by this title.
The court cannot reduce or modify the amount of child support, medical support, or dental support arrearages in a money judgment. However, the court can allow a counterclaim or offset when confirming the arrearages.
Do you need assistance with understanding how to file a counterclaim or offset?
Do you need assistance with understanding how to file a counterclaim or offset?
hurry up
The court cannot reduce or modify the amount of child support, medical support, or dental support arrearages when rendering a money judgment. However, they may consider a counterclaim or offset.
Would you like more details on how to file a counterclaim or offset in court?
Would you like more details on how to file a counterclaim or offset in court?
What do you mean a counter claim
A counterclaim is a legal claim you bring against the other party in response to their claim against you. It's like suing them back in the same legal proceeding. For example, if they're claiming you owe child support arrearages, you might counterclaim for expenses you've paid on behalf of the child.
Would you like to know more about how to file a counterclaim in Texas?
Would you like to know more about how to file a counterclaim in Texas?
and what kind of counterclaim or examples can I state that I've paid on behalf of the child?
You can counterclaim for expenses like:
- Medical bills
- School fees
- Extracurricular activity costs
- Clothing
- Childcare expenses
Ensure you have receipts or proof of these payments.
Do you need help with gathering evidence for your counterclaim?
- Medical bills
- School fees
- Extracurricular activity costs
- Clothing
- Childcare expenses
Ensure you have receipts or proof of these payments.
Do you need help with gathering evidence for your counterclaim?
hurry up
Examples of counterclaims you might state include:
- Medical expenses you paid for the child.
- Educational costs such as tuition, books, and school supplies.
- Extracurricular activity fees (e.g., sports, music lessons).
- Clothing and other essential items you provided.
Would you like more guidance on how to gather evidence for these counterclaims?
- Medical expenses you paid for the child.
- Educational costs such as tuition, books, and school supplies.
- Extracurricular activity fees (e.g., sports, music lessons).
- Clothing and other essential items you provided.
Would you like more guidance on how to gather evidence for these counterclaims?
yes
You can gather evidence for your counterclaims by:
- Keeping receipts and invoices for medical expenses.
- Collecting documentation from the child’s school about educational costs.
- Saving receipts or proof of payment for extracurricular activities.
- Compiling receipts for clothing and essential items.
Would you like more information on how to present this evidence in court?
- Keeping receipts and invoices for medical expenses.
- Collecting documentation from the child’s school about educational costs.
- Saving receipts or proof of payment for extracurricular activities.
- Compiling receipts for clothing and essential items.
Would you like more information on how to present this evidence in court?
But won't they argue that I'm supposed to provide that, and when can I offer or provide this counter claim?
You can present your counterclaim during the hearing for the money judgment. The court will consider your evidence, even if the other party argues that you're supposed to provide these items. It's important to show that these expenses offset the arrearages claimed.
Would you like more details on how to prepare for the hearing?
Would you like more details on how to prepare for the hearing?
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