Jeff Anderson, a partner at Orsinger, Nelson, Downing & Anderson, L.L.P., wrote ”
7 Steps to Successful Enforcement Actions,” which was published in the April 21 issue of Texas Lawyer newspaper’s special section on Family Law.
“Enforcement actions are one of the common lawsuits a family lawyer must undertake on behalf of his or her client,” Anderson says. “It is also one of the most important. The standards for getting it right are high, and the pitfalls are many. Yet so many don’t fully appreciate the specificity that is required in a Motion for Enforcement.”
According to his article:
[I]t’s not enough for a motion for enforcement of a child support order simply to state that the delinquent parent didn’t pay child support. Instead, the motion must spell out each time the payment didn’t occur as scheduled, the date the child support was due, how much (if any) the delinquent parent paid, and when he or she paid it. The motion also should include a statement that the delinquent parent didn’t pay the child support in a timely fashion. In addition, the lawyer should attach a certified child support record from the child support agency to the motion.
The article includes a seven-step checklist for
attorneys to follow to ensure that they meet every requirement and maximize the chances for success.