What to do if your spouse refuses to pay alimony?

If, on the other hand, your spouse is simply trying to avoid the obligation to pay alimony or refuses to pay despite your agreement, you’ll have to head back to court for help. You’ll need to file a motion (legal paperwork) with the court, and ask a judge to order your spouse to make the overdue payments and keep up with future payments.

When to collect alimony from an ex spouse?

The first step toward collecting alimony from your ex-spouse is finding out why he or she has neglected to pay. If your spouse involuntarily lost a job or suffered an injury/disability, the courts can reduce or suspend alimony until your spouse returns to work.

How often do you have to pay alimony after a divorce?

What can a judge order in an alimony case?

A judge can use a QDRO to order that you receive part or all of your ex’s retirement benefits. This includes pension plans, 401Ks, and other plans besides IRAs. This is an excellent source for collecting past due alimony payments and even securing future payments.

How can I collect alimony from my ex husband?

Alimony payments are your court-given claim to a certain amount of money from your spouse every month. The court doesn’t take payment deficits lightly and offers options to help fully protect your rights after a divorce. The first step toward collecting alimony from your ex-spouse is finding out why he or she has neglected to pay.

What happens if a judge finds an ex in contempt of court?

If the judge finds your ex in contempt, the first punishment will most likely be an order to pay the overdue support and possibly an additional fine. After that, if your spouse continues to disobey the order, the judge may order jail time for the continued disobedience.

Can a spouse be held in contempt of court in New Jersey?

New Jersey courts have held that a paying spouse’s willful (intentional) disobedience of a valid court order to pay alimony may be punished by contempt. So, if you live in New Jersey and your spouse has failed to pay alimony, a court might hold your spouse in contempt.

What do I need to do to enforce an alimony order?

You’ll need to file a motion (legal paperwork) with the court, and ask a judge to order your spouse to make the overdue payments and keep up with future payments. This is sometimes called a motion for enforcement or contempt.

Can a court order contempt of court for not paying alimony?

If the non-payment is not willful and intentional, then a civil contempt order may be filed, which only requires proof there is a prior court order which directed your ex to pay alimony, and he or she has failed to pay.

Can a child support order be held in contempt of court?

Like child support orders, contempt of court for spousal support orders can be brought for nonpayment, partial payment or late payment. Family support orders, whereby child and spousal support are combined in one order and are not necessarily delineated, are also subject to contempt of court for nonpayment, partial or late payments.

How does contempt of court work in Family Court?

1. There must be a valid court order. Vague court orders that are not clear and specific are difficult to enforce in contempt proceedings. 2. The accused must have knowledge of the court order. In most situations, the accused has personally received a copy of the order or was present in court when the court order was made.

Do you have to pay alimony to higher earning spouse?

It is rare that the higher-earning spouse will be given alimony payments, so it is a good time for you to consider just how much money you truly need to cover your expenses each month. If you earn more than your spouse, it is likely you will be responsible for making alimony payments.

Who is responsible for paying spousal support arrears?

People generally have two different goals when arrears begin to mount up: the person responsible for paying support likely wants the court to reduce or cancel the arrears, while the person receiving the support will want the court to force the payor to pay what’s owing. This section provides an introduction to the problem of arrears.

How can I get my Ex to pay alimony?

Your family law attorney will have numerous ways of getting your ex to pay alimony through the California courts. Judges don’t take kindly to spouses who blatantly refuse to make court-ordered spousal support payments and have a number of tools to ensure spouses make payments consistently in the future.

Why is my spouse not making alimony payments?

It’s possible the spouse that pays alimony (“paying spouse”) lost a job, or suffered medical problems that interfere with the ability to work. It’s also possible that the paying spouse just got tired of making alimony payments. This article provides an overview of what to do when your spouse fails to make court-ordered alimony payments.

What are the requirements for an alimony payment?

A payment is alimony only if all the following requirements are met: The spouses don’t file a joint return with each other; The payment is in cash (including checks or money orders); The payment is to or for a spouse or a former spouse made under a divorce or separation instrument;