A divorce decree is a court order, not a suggestion. Still, many people in New Braunfels and across Comal County find that months after the divorce, the house has not been refinanced, the truck title never changed hands, the retirement share has not been divided, or a credit card that the decree assigned to their former spouse is going unpaid and dragging down their credit. Texas law gives you real tools to make the decree mean what it says. Our family law attorneys help clients choose the right tool for the problem.
What Can Be Enforced
Most terms in a Texas divorce decree can be enforced, including:
- Property transfers. Delivering vehicles, furniture, personal items, sale proceeds or account balances.
- Real estate. Signing a deed, refinancing a mortgage into one name by a deadline, or listing and selling the house.
- Debt payments. Paying debts the decree assigned, and holding the other spouse harmless.
- Retirement division. Cooperating with a qualified domestic relations order and transferring the assigned share. See retirement and QDROs.
- Spousal maintenance and contractual alimony.
- Child support, custody and visitation terms, which follow their own enforcement rules.
Property Enforcement Under Chapter 9
Property division enforcement is governed by Chapter 9 of the Texas Family Code. The court that granted the divorce keeps the power to enforce its property division.
Clarification orders
Sometimes the problem is that the decree is unclear. If a term is too vague to be enforced by contempt, the court can issue a clarification order that spells out what must happen. The clarification must stay true to the original division. After a reasonable time to comply with the clarified order, it can then be enforced.
Orders to deliver property
The court can order a party to deliver specific property, sign documents, or take actions needed to carry out the decree.
Money judgments
If property was sold, damaged, hidden or wasted after the decree, the court can award a money judgment for the value lost. A judgment can then be collected through ordinary methods, such as liens, bank account levies in some cases, and abstracts of judgment.
Contempt
When a decree clearly orders a party to do something specific, and that party has not done it, the court can hold the party in contempt. Contempt can bring fines and jail. Texas does not imprison people for failing to pay ordinary debts, so contempt is generally not available simply because a former spouse failed to pay a credit card the decree assigned to them. Other remedies, such as a money judgment, usually apply there.
No changes to the division itself
An enforcement court cannot redivide the property. If you think the original division was unfair, enforcement is not the place to fix it. Post-judgment remedies to challenge a decree are very limited and time-sensitive.
Deadlines Matter
Texas law sets limits on property enforcement suits:
| Type of property | General deadline to file |
|---|---|
| Tangible personal property existing when the decree was signed | Two years from the date the decree was signed or became final |
| Future property, such as a retirement payment | Two years from when the right to the property matures or accrues |
| Retirement division orders (QDROs) | Generally may be sought after the decree without that two-year limit, but delay creates risk |
If you think you may be close to a deadline, call us right away rather than waiting.
Retirement and QDRO Problems
Retirement accounts are one of the most common enforcement issues we see. Many decrees divide a 401(k), pension or military retirement but no one ever submits a QDRO or similar order to the plan. Years later, the account has changed, the former spouse has retired or withdrawn funds, or the plan administrator rejects outdated language.
Texas law lets the court that granted the divorce sign a domestic relations order after the decree to carry out the division. When funds have already been paid to the wrong person, the court may also order payment of what was owed. For military retirement, the timing rules of federal law also matter. See military divorce.
Enforcing Child Support and Custody Terms
Child-related enforcement follows Chapter 157 of the Family Code rather than Chapter 9.
- Child support. Past-due support can be enforced through contempt, wage withholding, liens, and license suspension, and interest accrues. Courts cannot forgive past-due support. See child support enforcement and arrears.
- Possession and access. Denied visitation or failure to return a child can be enforced by contempt, make-up time and other remedies. See custody enforcement.
Enforcement motions must be pleaded with care. Each violation usually has to be listed with dates and specific provisions.
How an Enforcement Case Unfolds in Comal County
- Review the decree. We read the exact language. The wording decides which remedy is available.
- Gather proof. Account statements, title records, emails, texts and payment histories show what was and was not done.
- Demand letter. Sometimes a clear, formal letter resolves the problem without court.
- File the motion or petition. Enforcement is filed in the court that granted the divorce, even if one party has since moved. A decree signed in Comal County is enforced there.
- Service and hearing. The other party must be personally served for contempt. At the hearing, the court hears evidence and decides the remedy.
- Follow through. We help with recording orders, submitting QDROs, or collecting a judgment.
Practical Tips While You Wait
- Keep paying debts in your own name to protect your credit, and track every payment.
- Do not take property back yourself if it was awarded to your former spouse.
- Put requests in writing and keep copies.
- Check whether the decree includes a deadline that has already passed.
Talk With a New Braunfels Divorce Attorney About Enforcement
If your former spouse in New Braunfels, Seguin, Boerne or anywhere in Comal County is not following your divorce decree, waiting rarely helps. New Braunfels Family Law offers a free consultation at (830) 302-4071, by phone, video or in person, and we speak Spanish. If your situation calls for a change to the decree’s child-related terms instead, see post-divorce modifications.
Frequently Asked Questions
Is there a deadline to enforce a divorce decree in Texas?
For the delivery of tangible personal property that existed when the decree was signed, Texas generally requires the enforcement suit within two years of the decree. For property that becomes payable later, such as a retirement share, the two years generally run from when the right matures. Support enforcement has its own, longer timelines.
Can the court change my property division if my ex is not following it?
No. A Texas court enforcing a decree cannot change the substance of the property division. It can clarify unclear terms, order specific performance, award a money judgment, or hold a party in contempt.
Can my ex go to jail for not following the decree?
Contempt can include jail time for violating a clear court order, but Texas does not jail people for ordinary debts. Whether contempt is available depends on what the decree orders and how specifically it is worded.
Can I get my attorney's fees paid in an enforcement case?
Texas courts may award reasonable attorney’s fees in property and support enforcement cases. An award is not guaranteed, and the other party may not be able to pay, so plan for that possibility.
Last reviewed November 13, 2026. General information only, not legal advice.