Alimony, also known as spousal support, is a financial obligation often established during divorce proceedings to help the lower-earning or non-earning spouse maintain a standard of living post-divorce. The problem is that your former spouse could refuse to pay alimony as ordered by the court, causing you significant financial strain and emotional stress. Understanding your rights and the steps you can take is crucial in this situation. At Kaspar & Lugay, LLP, we are committed to guiding you through this challenging process.
How Spousal Support (Alimony) Works
Alimony is typically granted based on various factors, including the length of the marriage, the standard of living established during the marriage, the financial needs and abilities of both spouses and contributions to the household (both financial and non-financial). The court determines the amount and duration of support, which can be temporary or permanent.
Temporary alimony might be awarded while the divorce is pending, and rehabilitative alimony is designed to help the recipient become self-sufficient. Permanent support is less common and typically reserved for long marriages where one spouse cannot reasonably achieve self-sufficiency.
Unfortunately, not every person takes spousal support orders seriously. Your spouse could forget or even intentionally refuse to pay you the support you deserve despite a court order.
Steps to Take If Alimony Payments Stop
If your spouse stops paying support on time, it’s important to act swiftly to protect your financial well-being. Here’s a step-by-step guide on what you can do:
1. Review Your Divorce Decree
Start by reviewing your divorce decree and the agreement. Ensure that you understand the terms and conditions, including the payment schedule and any specific clauses regarding non-payment. This will help you determine if your spouse is in violation of the court order.
2. Communicate with Your Ex-Spouse
Sometimes, a simple conversation can resolve the issue. Reach out to your ex-spouse to inquire about the missed payments. They might be facing temporary financial difficulties and may agree to a payment plan. Document all communications in case you need to present this information to the court later.
3. Document Missed Payments
Keep a detailed record of all missed payments, including the dates and amounts. This documentation will be essential if you need to take legal action. Additionally, keep copies of bank statements, checks, and any correspondence related to alimony payments.
4. Seek Legal Advice
Consult with a family law attorney to discuss your options. An experienced attorney can help you understand your rights and the legal remedies available to you. They can also assist in drafting a formal demand letter to your ex-spouse, requesting immediate payment of the overdue alimony.
5. File a Contempt Motion
If your ex-spouse continues to withhold support, your attorney can help you file a contempt motion with the court. A contempt motion is a legal action that requests the court to enforce the alimony order. Suppose the court finds your ex-spouse in contempt. In that case, they may face penalties such as fines, wage garnishment, or even jail time until they comply with the order.
6. Garnishment of Wages
In some cases, the court may order wage garnishment, where a portion of your ex-spouse’s income is automatically deducted and sent to you. This ensures that you receive the alimony payments without relying on your ex-spouse to make the payments voluntarily.
7. Levy on Bank Accounts
If wage garnishment is not feasible, the court may issue a levy on your ex-spouse’s bank accounts. This allows funds to be taken directly from their accounts to cover the unpaid amount.
8. Intercepting Tax Refunds
The court can also intercept your ex-spouse’s federal and state tax refunds to cover overdue alimony. This method ensures that any money owed to you is collected efficiently.
9. Placing a Lien on Property
If your ex-spouse owns real estate or other real property, the court can place a lien on their assets. This means that they cannot sell or refinance the property without first paying the outstanding amount. A lien can be a powerful tool to ensure compliance with the order.
10. Contempt of Court
Repeated failure to pay alimony can lead to serious legal consequences for your ex-spouse. They may be held in contempt of court, which can result in fines, jail time, or other penalties. While this is often a last resort, it underscores the seriousness of failing to comply with a court-ordered alimony agreement.
Modifying Alimony Orders
In some situations, the original support order may no longer be appropriate due to significant changes in circumstances, such as a substantial decrease in the paying spouse’s income or the recipient spouse’s improved financial situation. If this is the case, either party can petition the court to modify the alimony order.
1. Demonstrating Changed Circumstances
To modify an alimony order, the requesting party must demonstrate that there has been a significant change in circumstances since the original order was established. This could include job loss, health issues, or other substantial financial changes.
2. Filing a Motion to Modify Alimony
Work with your attorney to file a motion to modify spousal support. This motion should include evidence of the changed circumstances and an explanation of why the current support order is no longer appropriate. The court will review the evidence and determine whether a modification is warranted.
Talk to Kaspar & Lugay, LLP, About Your Alimony Questions
Dealing with a spouse who stops paying alimony can be stressful and challenging. However, there are legal avenues available to ensure that you receive the financial support you are entitled to. By understanding your rights, documenting missed payments, and seeking legal advice, you can take steps to enforce the spousal support order and protect your financial well-being.At Kaspar & Lugay, LLP, we specialize in family law. We are dedicated to helping our clients navigate complex alimony issues. If your spouse is refusing to make spousal support payments, our experienced attorneys are here to provide the guidance and support you need. Contact us today to schedule a consultation.
