How Long Do You Have to Enforce a Divorce Decree in Texas?
According to the Centers for Disease Control and Prevention, Texas courts finalized divorces at a rate of 2.1 per 1,000 residents in 2023. That adds up to thousands of new decrees across the state each year, and each one comes with its own enforcement rules. Property, child support, and spousal maintenance violations each follow different sections of the Texas Family Code, and missing the correct deadline can cost you your ability to enforce that part of the order.
If your ex-spouse has stopped following your divorce decree in 2026, a Fort Worth, TX enforcement of orders attorney can help you figure out how to enforce your decree.
How Long Do You Have to Enforce a Property Division Order in Texas?
Texas gives you two years to enforce orders dividing tangible personal property from a divorce decree. Under Texas Family Code Section 9.003, the clock starts on the date the decree was signed, or the date it became final after an appeal, whichever came later.
This deadline covers tangible personal property that already existed when the decree was signed, such as a car, furniture, or other personal belongings. If the decree awarded future property that did not exist yet, such as a payment that becomes due after a future event, you get two years from the date your right to it matures, or the decree becomes final, whichever comes later.
How Long Do You Have to Enforce a Spousal Maintenance Order in Texas?
Texas law does not give one simple deadline for every method of enforcing spousal maintenance. Under Texas Family Code Section 8.151, may issue an income withholding order or writ at any time before all current maintenance and arrears have been paid. Other enforcement methods may be subject to different rules, so it is important to act promptly.
A judge may also hold a non-paying spouse in contempt or enter a money judgment for the amount owed. However, contempt is limited to court-ordered maintenance and certain maintenance agreements approved by the court. A court cannot use contempt to enforce agreed payments that exceed the amount or duration it could have ordered under Chapter 8.
Some decrees include contractual alimony instead, meaning payments the spouses agreed to that go beyond what a judge could have ordered. Contractual alimony that goes beyond what a judge could have ordered generally cannot be enforced through contempt of court. If a former spouse stops paying it, the usual remedy is a breach-of-contract claim.
How Long Do You Have to Enforce a Child Support Order in Texas?
Child support enforcement works on a longer timeline than most other parts of a divorce decree. Under Texas Family Code Section 157.005, you can ask the court to hold your ex in contempt for missed payments. You generally must file no later than two years after the later of the child’s 18th birthday or the date the child support obligation ends under the order or by law.
You have far more time to collect the money owed. A Texas court may confirm the unpaid support and issue a money judgment if the request is filed no later than 10 years after the later of the child’s 18th birthday or the date the support obligation ends.
What Happens if You Miss the Deadline to Enforce a Texas Divorce Order?
Once an enforcement deadline passes, you may lose your ability to enforce that part of the decree. However, what looks like a missed deadline may sometimes be a different legal issue with its own deadline.
For example, if the divorce decree never divided an asset, Texas law allows a former spouse to ask the court to divide that property later. Under Texas Family Code Sections 9.201 through 9.203, this type of claim generally must be filed within two years after one former spouse clearly rejects the other's ownership interest and communicates that rejection.
A different remedy, called a bill of review, may be available in limited cases when there was a serious problem with the original judgment. A bill of review generally must be filed within four years after the judgment was signed. In rare cases, extrinsic fraud that prevented a party from fully presenting a claim or defense may extend that deadline. Fraud does not automatically extend the filing period.
Schedule a Free Consultation with Fort Worth, TX Divorce Order Enforcement Attorneys
If your ex will not follow your divorce decree, attorneys at The Law Office of J. Kevin Clark P.C. can help. We bring first-hand experience with the stress of post-divorce disputes, including for stay-at-home parents rebuilding their finances, and deep experience with complex property and narcissistic-ex cases. Our attorneys are members of the Texas Bar Foundation and the Tarrant County Bar Association.
Contact Fort Worth, TX enforcement of orders lawyers or call 817-348-6723 to schedule a free consultation.





