When Is It Too Late To Enforce Temporary Orders?

Reprinted from the October 23, 2014 Mongoose newsletter.

Typically, a temporary order expires with the entry of a final judgment. Coleman v. Texas State Dep’t of Welfare, 562 S.W.2d 554, 556 (Tex. Civ. App.–Tyler 1978, writ ref’d n.r.e.). However, the general rule is that the rendition of a divorce decree does not itself nullify any temporary order. Pettus v. Pettus, 237 S.W.3d 405, 416 (Tex. App. – Fort Worth 2007, pet. denied), Ex parte Shaver, 597 S.W.2d 498, 500 (Tex. Civ. App. – Dallas 1980, orig. proceeding); Villarreal v. Villarreal, No. 14-04-00071-CV (Tex. App. – Houston [14th Dist.] Nov. 23, 2005, no pet.)(mem. op.).

Temporary orders can be enforced after entry of the final decree of divorce unless the decree itself discharges the parties from obligations under the temporary orders. Ex parte Shaver, 597 S.W.2d 498, 500 (Tex. App. – Dallas 1980, no writ).

The Texas Family Law Practice Manual provides these two different options for a divorce decree regarding temporary orders:

IT IS ORDERED AND DECREED that all obligations and duties for temporary support [and/or other obligations; include specific nondischarged obligations] imposed by the temporary orders of this Court that are not yet discharged shall survive this judgment, and independent enforcement may be sought.

IT IS ORDERED AND DECREED that Petitioner and Respondent are discharged from all further liabilities and obligations imposed by the temporary orders of this Court rendered on ___.

Tex. Family Code Sections 157.004 and 157.005 provide deadlines to file enforcement actions regarding possession and child support, but neither has any specific provision regarding enforcement of temporary orders. Section 6.506 states simply that violation of a temporary injunction is punishable as contempt, but provides no deadline to bring a contempt action.

Thus,temporary orders can be enforced after rendition or entry as long as the final order does not discharge the parties from their obligations under the temporary orders. Settlement agreements often do not resolve this issue.

There is usually a period of several weeks between rendition (when the judge rules) and entry of the final order. The case law makes it clear that the temporary orders remain in effect until the final order is signed. Pettus v. Pettus, 237 S.W.3d 405, 416 (Tex. App. – Fort Worth 2007, pet. denied). Some older cases suggest that temporary orders can continue after the final order if the final order does not change those temporary orders. See e.g., Mathis v. Mathis, No. 04-95-00386-CV, 1996 WL 668849, at *3 (Tex. App.-San Antonio Nov. 20, 1996, no writ) (not designated for publication) (holding that trial court had discretion to continue temporary orders, which stated that they would “continue in full force until the signing of the final decree or until further order” of the court, after entry of decree).