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Specialty tag(s): Divorce, Fort Worth Child Custody, Modification and Enforcement

What Happens If Your Ex Won’t Follow the Divorce Agreement?

Andrew Tisdale | September 10, 2026

Fort Worth family law attorney Andrew Tisdale explains the three most common enforcement issues and what Texans can do when court orders aren’t being followed.

The divorce is final. The paperwork has been signed, the judge has entered the order and everyone is supposed to know what comes next.

But for many families, life after divorce doesn’t always go according to plan.

A child support payment never arrives. A parent repeatedly ignores the visitation schedule. A house that was supposed to be sold remains off the market months later.

Those situations are among the most common reasons people return to court after a divorce, said Andrew Tisdale, attorney with Goranson Bain Ausley Family Law in Fort Worth.

While every case is different, Tisdale said successful enforcement usually comes down to two things: a clear court order and a good attorney.

What to do when child support isn’t being paid

Few issues create more immediate stress than unpaid child support. Those payments often help cover everyday necessities, making even a short interruption difficult for families.

Although Texas courts can hold someone in contempt for failing to pay child support, Tisdale said the ultimate goal isn’t punishment.

Instead, attorneys often work toward practical solutions, such as repayment agreements or income withholding orders that automatically deduct child support from a paycheck.

“If someone’s not paying child support, I tell people it’s better to get some sort of money coming in than to see them go to jail,” Tisdale said. “We don’t want to wait two or three years to get some sort of relief.”

He also encourages parents to make payments through the Texas Office of the Attorney General, which maintains official payment records. Paying outside that system can create documentation problems years later if disputes arise.

What to do when parenting time isn’t honored

Parenting schedules are designed to provide consistency for children, but disagreements over exchanges or visitation can quickly disrupt that stability.

Sometimes one parent repeatedly picks up a child before the other parent’s scheduled visitation begins. In more serious situations, a parent may refuse to return the child altogether.

For repeated violations of a possession schedule, Tisdale said courts may award makeup parenting time and, depending on the circumstances, hold the violating parent in contempt.

Just as important, he said, is documenting every missed exchange.

“If you’re required to be at the Kroger at 6 p.m., even if the other parent has told you they won’t be bringing the child, you still need to be there,” Tisdale said. “Take a photo with a timestamp. Then send a message letting them know you were there as required by the court order.”

Keeping calendars, saving text messages and following the order yourself can provide critical evidence if the case returns to court.

What to do when property isn’t divided as ordered

Property disputes may not carry the same emotional weight as custody issues, but they can still leave someone waiting for assets they were awarded in the divorce.

Tisdale points to situations where one spouse is ordered to sell a home but never lists it for sale. In those cases, the court may order the property sold, appoint a receiver to handle the sale or, in some cases, award attorney’s fees.

Again, everything depends on the language of the divorce decree.

“It has to be clear,” Tisdale said. “The obligation has to be clear to the person who’s under the obligation in order for us to enforce it.”

Many property enforcement actions must also be filed within two years of the divorce decree, although some matters involving retirement accounts follow different rules.

Why a well-written order makes enforcement easier

Looking back at the cases he handles, Tisdale sees a common theme: the more specific the language in the original order, the easier it will be to enforce.

“You’re only as good as the order you’re enforcing,” he said.

Whether the issue involves child support, visitation or extracurricular expenses, he said every obligation should clearly identify who is responsible, what must happen and when it must happen.

“If someone’s been ordered to pay for extracurricular activities, it can’t just say they have to pay for extracurricular activities,” Tisdale said. “It has to say what they’re paying, who they’re paying, how much they’re paying and by what date.”

People don’t have to return to the attorney who handled their divorce, he added, but they should work with someone who understands the detailed requirements of enforcement proceedings.

For families facing an ex-spouse who isn’t following a divorce decree, Tisdale said the combination of a well-written order, careful documentation and timely legal action can make all the difference.

“When someone’s not doing what they’re supposed to do,” he said, “we want to be able to come back and enforce it.”

This article was originally published in Fort Worth Magazine.

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