What Should I Do if My Ex-Spouse Refuses to Pay Alimony?

What Should I Do if My Ex-Spouse Refuses to Pay Alimony?

Posted By R. Gregory Colvin LLC || 27-Sep-2018

If your former spouse is refusing to pay the alimony payments that are outlined in your divorce settlement, you might be wondering if there is are any courses of action you can take to rectify this and ensure you obtain the money you are owed. First, it is important that you seek legal representation immediately. A skilled family law attorney will be able to help you choose your best path for legal recourse and ensure every step is properly executed.

It is also crucial that you keep evidence that proves your ex-spouse failed to make payments, did not make full payments, or failed to make these payments on time. Additionally, you should also explain how your ex-spouse’s failure to make his or her alimony payments caused you financial difficulty.

Contempt of Court for Non-Payment of Alimony

If your spouse continues to disobey the court’s order to pay you the alimony you are owed, a judge might institute a charge of contempt of court against him or her. Once this happens, your spouse will have a contempt of court case with a second judge regarding the non-payment of alimony. Your former spouse would likely obey the second judge’s order since, at this stage, he or she could potentially face fines or incarceration.

Other Methods for Collecting Unpaid Alimony

The most common methods for collecting unpaid alimony are through mediation, a lawsuit in small claims court or a higher court, and wage garnishment. If you used mediation to achieve your divorce settlement, this would essentially be the same set-up. You and your spouse will sit with a certified mediator and work on an agreement. You would also be able to have your respective attorneys present to provide legal advice and ensure your interests are protected.

If you were to file a lawsuit, this would essentially be an action against your former spouse for debt collection. During the trial, both you and your spouse would present your evidence. Depending on how much you are owed, you might end up in small claims court or a higher court.

The final option, wage garnishment, is generally than the others since federal law protects a certain percentage of a debtor’s income and the amount allowed by wage garnishment is regulated. It is possible that, even if you were successful in a wage garnishment action, you would have to wait in line after other parties who made established judgments against your former spouse. Depending on your order in line, you might end up waiting a long while before you get paid.

Alimony Attorney in Orlando

If your spouse failed to make alimony payments, you need to obtain the skilled legal assistance of an attorney who is experienced in handling such complex matters. At R. Gregory Colvin, LLC, our family law attorney in Orlando is backed by more than 25 years of experience in litigation and negotiation.

Get started on your case today and contact our law office at (407) 603-3460 to request a free initial case evaluation.

Categories: Divorce, Alimony

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