Unfortunately, at its very nature, divorce can be quite an ugly process. Even when it comes to friendlier divorces, many people would like to assume the best of their spouse and believe that they will comply with the rules regarding the judge-ordered alimony. When this is the case, they can expect to receive their alimony in either a lump sum or monthly to help with payments for their living expenses. In fact, even the supporting spouse may have the full intention to pay their alimony payments on time and in full so that everyone can move on as quickly as possible after the divorce. However, many things can change over time, including getting into new relationships, losing a job, or even growing resentful that they must make these alimony payments at all. When this is the case and you are counting on the alimony money to support you throughout the month, you should not have to worry when the next paycheck will come in. This is where a family lawyer can help you. If you are concerned that alimony payments may become a problem, or if alimony payments have already become a problem, please reach out to our team today.
Is there any way to ensure this does not happen?
Before this even happens, you should speak with one of our attorneys about avoiding the potential for late or no payments altogether. In fact, many states have laws regarding alimony payments where the supporting spouse can have the payments taken directly out of their wages. This can come in the form of the supporting spouse’s employer sending money either to a local government agency or to the dependent spouse directly. This can be a great tool for avoiding late payments and can help reduce resentment when the supporting spouse doesn’t see the money passing through their account.
Is there any way to stop delinquent alimony payments?
If one spouse stops sending payments, however, there are different methods for getting them to pay. One possible solution is to speak with your attorney about filing a motion to have the court order the supporting spouse to pay back any debts they owe and make sure that their payments are up to date. When you file this type of motion, a court may choose to hold the offending spouse in contempt since they directly defied terms of the divorce settlement. While this might not happen the first time you go to court over missed payments, it could happen for subsequent missed payments.
You can also speak with your attorney about a writ of execution. When you do this, the court can ensure that future alimony is directed through a government office to ensure you are getting the payments you legally agreed to. The only problem with this is this does not necessarily ensure that they will give you any back pay they owe you.
If you are going through a divorce or were recently divorced and are worried that your supporting spouse will not pay the alimony or they have not been paying alimony, speak with an attorney now to see how they can help you get the payments you deserve.