There are a plethora of reasons why a former spouse might fail to make alimony/maintenance (maintenance used to be called alimony) payments, whether it is due to financial hardship, health complications, or because he or she simply got fed up with having to make payments. Whatever the reason might be, there are ways to address this in court, and you should make sure to obtain skilled legal help to fight for the court-ordered alimony/maintenance payments you are rightfully entitled to.
What to do When Your Former Spouse Fails to Pay Alimony/Maintenance
If you are aware of the hardships your ex-spouse is going through and why he or she has failed to make alimony/maintenance payments, you might want to consider hiring an attorney to represent you in a court order that reduces the spousal support order.
However, if your spouse stopped making payments for other reasons, you will probably have to take him or her to court for violating the court order. There are a variety of ways in which the court can remedy these problems, including but not limited to:
- Income withholding: You could ask the court for an income withholding order to ensure you are able to receive your payments in the future. An income withholding order would withhold the amount of money, subject to limitations, your former spouse owes you directly from his or her paycheck, taking your ex-spouse out of the scenario. If your former spouse is self-employed, an income withholding order would be ineffective.
- Contempt: In some cases, a spouse who fails to pay spousal support could be held in contempt. Part of this punishment would include having to pay the overdue alimony/maintenance, in addition to requesting reimbursement of attorney fees. Jail time might be ordered if your former spouse continues to disobey the spousal support order.
- Writ of execution: A judge could potentially award you part of your former spouse’s bank account and other assets, which is known as a writ of execution.
- Interest and judgment: If your spouse has not made alimony/maintenance payments in a while and owes you a considerable amount, the court can potentially issue a judgment against him or her for the amount owed, with interest. You could also request to be reimbursed for the attorney fees you incurred in order to obtain the spousal support you were owed.
Contact a Skilled Alimony/Maintenance Attorney Today!
If your former spouse is failing to make his or her alimony payments, you need to take legal action to obtain the money you are owed. At Galmiche Law Firm, P.C., our alimony/maintenance attorney is committed to providing the representation and guidance you need to recover the spousal support you are owed. Backed by over 30 years of experience, you can rely on us to help you achieve your goals and ensure your interests are protected.
Contact Galmiche Law Firm today at (636) 552-4841 to request a free initial case review with our knowledgeable attorney to discuss your case and learn more about your legal options moving forward.