Legal Question in Family Law in Texas

Contempt of Court in Texas

In our divorce decree, my ex-husband was ordered to pay certain debts in the division of property. He has failed to pay those debts and recently lied throughout a deposition (for discovery of assets). My lawyer says that all she can now do is send him a strongly worded letter - which my ex will not read. Since one of the debts is specifically related to a vehicle that was awarded to him (with caveats: he must pay the monthly note and he must refinance the vehicle in his own name - if not, I could request the return of the truck within 12 hours...which I did...3 times), can we not sue for contempt of court relating to that vehicle? I understand that it is still debt (and we don't have debtor's prison), however, the debt would not have occurred had my ex-husband paid what he was supposed to pay (he also returned the vehicle with close to $3,000 worth of damage to the body). Also, I have gotten no answers as to who can bring up the perjury to a judge. Since he lied on 47 out of 50 questions, how can we believe anything he says about his assets or lack thereof?


Asked on 9/23/09, 9:24 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

You'll want to read Chapter 9 of the Texas Family Code.

The general rule is: you can't get contempt for non-payment of debts. There are exceptions.

If you demanded the truck, and he didn't give it back in accordance with the decree, that could be the subject of a motion for contempt.

It is difficult to get a judge to help you with a perjury charge (criminal charge). However, if you can prove that he lied at a deposition, you can recover costs in a motion for sanctions (you can at least ask for them). This happens on the civil side of the docket.

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Answered on 9/29/09, 6:33 pm


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