What You Can Do To Enforce an Alimony Order
As an attorney may tell you, there are many reasons why people may fall behind on scheduled alimony payments. If you have a decent relationship with your ex, then reaching out and giving him or her the benefit of the doubt first may be a good idea. Perhaps they lost a job, got into a car accident, or suffered from another medical issue that interferes with the ability to work. However, if your ex simply got tired of paying and has become negligent, then a more aggressive method of enforcing an alimony order may be needed.
When a Spouse Falls Behind
If you are the receiving spouse who hasn’t gotten an alimony payment recently, then an attorney can help you figure out why. If something bad happened and your former spouse is really not able to make payments, then you can consider negotiating an agreement until things get back on track. A possible solution could be that the alimony payments are reduced until your spouse recovers and gets back to work after a serious life event.
But, it is important that your spouse does know that you are ready to attend court over the matter if they don’t start being sent as promised. If you do make temporary arrangements amongst yourselves, it’s crucial that you get it in writing and have your attorney review it before signing.
Filing a Motion
Let’s say that your spouse has continued to not pay you for alimony, even after having plenty of time to recover from an injury or illness. This is when you will want to seek help from a divorce attorney, like from Brandy Austin Law Firm, PLLC, about filing a motion to the court. This motion is a legal document that requests a judge orders your ex to satisfy late payments, to continue them in the full amount, and as scheduled in the future.
Remedies for Disobeying Court Orders
A spouse who has failed to pay alimony that was court-ordered, is in fact in violation of the court, and most judges aren’t too keen on having their demands disobeyed. The courts have significant discretion when it comes to what kinds of repercussions or fines they can impose on delinquent spouses.
A judge may decide to confiscate profits from real estate and use it to fund late alimony payments. Or, a judge may order the paying spouse’s employer to take a percentage from each paycheck to go towards satisfying alimony debts. The consequences for going against court-ordered alimony can vary based on the laws for that state.
If you are the receiving spouse in an alimony agreement and haven’t gotten a payment because your spouse is being vengeful or negligent, then we can help you. We can understand how a late payment can have a severe impact on your daily life, especially if you depend on these funds for living costs. Please contact our office to book a free initial consultation with an attorney.