Sec. 157.002. CONTENTS OF MOTION. (a) A motion for enforcement must, in ordinary and concise language:
(1) identify the provision of the order allegedly violated and sought to be enforced;
(2) state the manner of the respondent's alleged noncompliance;
(3) state the relief requested by the movant; and
(4) contain the signature of the movant or the movant's attorney.
(b) A motion for enforcement of child support:
(1) must include the amount owed as provided in the order, the amount paid, and the amount of arrearages;
(2) if contempt is requested, must include the portion of the order allegedly violated and, for each date of alleged contempt, the amount due and the amount paid, if any;
(3) may include as an attachment a copy of a record of child support payments maintained by the Title IV-D registry or a local registry; and
(4) if the obligor owes arrearages for a child receiving assistance under Part A of Title IV of the federal Social Security Act (42 U.S.C. Section 601 et seq.), may include a request that:
(A) the obligor pay the arrearages in accordance with a plan approved by the court; or
(B) if the obligor is already subject to a plan and is not incapacitated, the obligor participate in work activities, as defined under 42 U.S.C. Section 607(d), that the court determines appropriate.
(c) A motion for enforcement of the terms and conditions of conservatorship or possession of or access to a child must include the date, place, and, if applicable, the time of each occasion of the respondent's failure to comply with the order.
(d) The movant is not required to plead that the underlying order is enforceable by contempt to obtain other appropriate enforcement remedies.
(e) The movant may allege repeated past violations of the order and that future violations of a similar nature may occur before the date of the hearing.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 17, eff. Sept. 1, 1997.
Notes of Decisions
Cited in
68
cases (
18 in the last 5 years), 1996–2026 · leading case:
Ochsner v. Ochsner, 517 S.W.3d 717 (Tex. 2016).
Ochsner v. Ochsner, 517 S.W.3d 717 (Tex. 2016).
· cites it 8× “Tex. Fam. Code § 157.002(b)(1). . Antonin Scalia & Bryan A.”
In the Interest of A.G., 531 S.W.3d 329 (Tex. App.—Houston [14th Dist.] 2017).
· cites it 5× “In making his ruling, the judge specifically questioned whether Guevara’s motions for enforcement contained the information required under Texas Family Code section 157.002, including the provisions of the decree allegedly violated, the manner of noncompliance, and the date,…”
In re Turner, 177 S.W.3d 284 (Tex. App.—Houston [1st Dist.] 2005).
· cites it 2× “Notice of Violations Turner contends that Abell’s motion for enforcement is defective in that it does not meet the requirement of Texas Family Code Section 157.002(a)(1) 3 that requires a movant to identify the provision of the order violated and sought to be enforced.”
In re the Off. of the Attorney Gen., 422 S.W.3d 623 (Tex. 2013).
“Tex. Fam.Code § 157.002(b)(1). If contempt is requested, the motion must also include “the portion of the order allegedly violated and, for each date of alleged contempt, the amount due and the amount paid, if any.”
In re Ezukanma, 336 S.W.3d 389 (Tex. App.—Fort Worth 2011).
· cites it 4× “Tex. Fam.Code Ann. § 157.002(a)-(b) (Vernon 2009).”
In re Aslam, 348 S.W.3d 299 (Tex. App.—Fort Worth 2011).
· cites it 2× “Tex. Fam.Code Ann. § 157.002 (West 2008).”
In re Butler, 45 S.W.3d 268 (Tex. App.—Houston [1st Dist.] 2001).
“Tex.Fam.Code Ann. § 157.002(b) (Vernon Supp.”
In re Taylor, 39 S.W.3d 406 (Tex. App.—Waco 2001).
“We held in cause number 10-00-253-CV, the previous mandamus action, that the motion filed by Relator was properly filed under Tex. Fam.Code Ann. § 157.002(a) (Vernon Supp.”
In re Mann, 162 S.W.3d 429 (Tex. App.—Fort Worth 2005).
“Tex. Fam.Code Ann. § 157.002 (Vernon 2002)(emphasis added).”
In re Taylor, 28 S.W.3d 240 (Tex. App.—Waco 2000).
“Subdivision (a) of the statute requires such a motion to: (1) identify the provision of the order allegedly violated; (2) state the manner of noncompliance; (3) state the relief requested; and (4) be signed by the mov-ant or his attorney.”
Tex. Fam. Code § 157.002(3): 1 case
Tex. Fam. Code § 157.002(a): 11 cases
In the Interest of A.G., 531 S.W.3d 329 (Tex. App.—Houston [14th Dist.] 2017).
“In making his ruling, the judge specifically questioned whether Guevara’s motions for enforcement contained the information required under Texas Family Code section 157.002, including the provisions of the decree allegedly violated, the manner of noncompliance, and the date,…”
In re Taylor, 39 S.W.3d 406 (Tex. App.—Waco 2001).
“We held in cause number 10-00-253-CV, the previous mandamus action, that the motion filed by Relator was properly filed under Tex. Fam.Code Ann. § 157.002(a) (Vernon Supp.”
In re Hall, 433 S.W.3d 203 (Tex. App.—Houston [14th Dist.] 2014).
In re Ezukanma, 336 S.W.3d 389 (Tex. App.—Fort Worth 2011).
“Tex. Fam.Code Ann. § 157.002(a)-(b) (Vernon 2009).”
Tex. Fam. Code § 157.002(a)(1): 6 cases
In re Turner, 177 S.W.3d 284 (Tex. App.—Houston [1st Dist.] 2005).
“Notice of Violations Turner contends that Abell’s motion for enforcement is defective in that it does not meet the requirement of Texas Family Code Section 157.002(a)(1) 3 that requires a movant to identify the provision of the order violated and sought to be enforced.”
In the Interest of A.G., 531 S.W.3d 329 (Tex. App.—Houston [14th Dist.] 2017).
“In making his ruling, the judge specifically questioned whether Guevara’s motions for enforcement contained the information required under Texas Family Code section 157.002, including the provisions of the decree allegedly violated, the manner of noncompliance, and the date,…”
Tex. Fam. Code § 157.002(a)(2): 4 cases
In re TJL, 97 S.W.3d 257 (Tex. App.—Houston [14th Dist.] 2003).
Tex. Fam. Code § 157.002(b): 3 cases
In re Butler, 45 S.W.3d 268 (Tex. App.—Houston [1st Dist.] 2001).
“Tex.Fam.Code Ann. § 157.002(b) (Vernon Supp.”
Tex. Fam. Code § 157.002(b)(1): 8 cases
Ochsner v. Ochsner, 517 S.W.3d 717 (Tex. 2016).
“Tex. Fam. Code § 157.002(b)(1). . Antonin Scalia & Bryan A.”
In re the Off. of the Attorney Gen., 422 S.W.3d 623 (Tex. 2013).
“Tex. Fam.Code § 157.002(b)(1). If contempt is requested, the motion must also include “the portion of the order allegedly violated and, for each date of alleged contempt, the amount due and the amount paid, if any.”
In re Ezukanma, 336 S.W.3d 389 (Tex. App.—Fort Worth 2011).
“Tex. Fam.Code Ann. § 157.002(a)-(b) (Vernon 2009).”
In re Alg, 229 S.W.3d 783 (Tex. App.—San Antonio 2007).
Tex. Fam. Code § 157.002(b)(2): 5 cases
In re R.E.D., 278 S.W.3d 850 (Tex. App.—Houston [1st Dist.] 2009).
In re Red, 278 S.W.3d 850 (Tex. App.—Houston [1st Dist.] 2009).
Tex. Fam. Code § 157.002(b)(3): 4 cases
Tex. Fam. Code § 157.002(b)(l): 1 case
In re Ezukanma, 336 S.W.3d 389 (Tex. App.—Fort Worth 2011).
“Tex. Fam.Code Ann. § 157.002(a)-(b) (Vernon 2009).”
Tex. Fam. Code § 157.002(c): 2 cases
In re TJL, 97 S.W.3d 257 (Tex. App.—Houston [14th Dist.] 2003).
Tex. Fam. Code § 157.002(e): 4 cases
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