Legal Question in Family Law in Texas

Can the Judge order jail time for attorney fees?

If you are going through a divorce and have temporary orders that you have adhered to (you owe your spouse no monies and you owe no child support-all paid in full and current) can the judge order jail time if you fail to pay sanctioned attorney fees against you? The amount is $1000 to spouse attorney and $4000 to an independent attorney assigned by the judge. If I don't pay these fees (simply don't have the money) what is the worse case scenario (more sanctions and more fees, judgment, jail time)? Also, can I file bankruptcy and include these fees?


Asked on 9/21/11, 7:37 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

It depends on whether or not the attorney's fees are awarded "as additional child support." If they are, then the payment is enforceable by contempt (with the possibility of jail time). You need to read the order carefully.

I'm afraid I can't give you a definitive answer on the bankruptcy question, but my most educated guess is that a bankruptcy probably would NOT discharge the attorney's fees.

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Answered on 9/21/11, 11:47 am


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