When spouses divorce, one party is often ordered to pay alimony, also known as spousal support, based on the duration of the marriage and the income of each spouse. Ideally, your former spouse should make these payments in full and on time, but this is not always the case. If your former spouse fell behind on alimony payments, you should first try to find out why. If your ex-spouse is very ill, was recently laid off, or had to take a pay cut at work, these are all circumstances that could affect alimony payments.
However, if your former spouse is not experiencing any of these hardships and is simply refusing to pay alimony, you have some legal options to address this failure. Your first step, of course, should be to obtain the assistance of an experienced attorney.
Enforcing Alimony Payments
If you decide to move forward with legal action, you and your attorney should file the appropriate legal paperwork and file a motion with the court. Although you are not required by law to have an attorney, hiring one can help speed the process along and secure a favorable judgment.
If the court rules in your favor, the judge can order a confiscation of your spouse’s financial estate, hold your spouse in contempt of court, and order jail time, depending on the severity of the situation. The judge might also withhold a portion of your spouse’s income or award a portion of your spouse’s assets or bank accounts. As you can see, there are a variety of options available to you if you win your case.
Another effective method for ensuring you receive alimony is to use a Qualified Domestic Relations Order (QDRO). A QDRO would provide you with a portion of your ex-spouse’s retirement benefits to compensate you for past due payments and it can even offer a reliable means for you to continue to collect alimony if your former spouse continues to miss payments.
If your spouse is failing to make alimony payments, the court offers many avenues for you to collect these payments, so do not hesitate to take action to collect the money you are owed.
Discuss the Details of Your Case During a Free Consultation Today!
If your former spouse failed to make alimony payments, you need to hire an attorney to guide you through the process of filing a motion with the court. At Letterio & Haug, LLP, our family law attorneys are experienced in handling a vast array of complex family law matters and will help you obtain the favorable results you deserve. We understand how crucial these payments are for maintaining your standard of living and how difficult life can be when your ex-spouse falls behind.
Get started on this process today and reach out to our law firm at (845) 203-0997 to arrange a free consultation with a knowledgeable member of our legal team.