If a court awarded you alimony in your divorce, you are entitled to the money. When your former spouse does not pay as directed, you can take legal steps to enforce the alimony order.
If your ex falls behind on their alimony payments, speak with a member of our family law team immediately to learn about your options. The further in arrears your spouse becomes, the harder it may be for them to catch up. Taking steps to resolve the issue promptly helps you avoid financial hardship and forces them to make the adjustments necessary to meet their obligations.
Alimony Is an Enforceable Obligation
Former spouses often resent having to pay alimony, but that is irrelevant. If the judge decided you should have alimony, your ex-spouse must pay it. It is not necessarily cause for legal action if a payment is occasionally a few days late, but if late payments are habitual or if they fall 30 days or more behind, it is time to see a lawyer.
In many cases, your attorney can reach out to your former spouse’s attorney to determine the problem. An event like a job loss might have prevented your ex from paying in full and on time. Otherwise, their attorney will likely explain the consequences of disobeying the court order, and the ex-spouse will probably pay what they owe.
If necessary, temporary solutions are possible. For example, the spouse could make future payments on time and add a percentage to make up for the late or missed payment. If they claim their situation prevents them from meeting their obligation for the foreseeable future, they will have to petition the court to modify the alimony order and prove to the judge that they cannot pay.
Legal Actions to Enforce the Alimony Order
When contact from a family law attorney does not spur your ex-spouse to make good on their obligations, you may have to take legal action. The most common response is to bring a motion asking the judge to enforce the alimony order and hold the ex-spouse in contempt of court.
Your family law attorney would file the motion in the same Georgia court that issued the alimony order. The court would schedule a hearing to question both parties. You must present proof that you have an alimony order and the proper amount was not paid. Your ex must either pay what is owed or show why they cannot do so.
Even when the former spouse can show the current order presents a financial hardship, courts will require them to bring the arrears up to date. Your attorney will argue against any modification that reduces your support.
When Your Ex Does Not Cooperate With Enforcement Attempts
Sometimes, your ex-spouse will refuse to provide evidence of the financial hardship they claim to be experiencing, or they do not show up for a court hearing. When your former spouse is uncooperative, judges sometimes take harsh action.
They may impose a judgment for the unpaid alimony, which allows you to attach your spouse’s bank account or wages. They may require the alimony to be deducted from your spouse’s paycheck. A judge could also suspend your spouse’s driver’s license, revoke their professional license, and take the money from their tax refund.
In some cases, the judge could put the former spouse in jail. Even when they do not go to jail, they will likely be ordered to pay the arrears plus possible fines, court costs, and your attorney’s fees.
Get Help From a Family Law Professional to Collect Late Alimony
If your former spouse isn’t paying alimony according to the court order, you must not ignore the situation. The sooner you contact the family law team at the Atlanta Divorce Law Group, the more likely you can resolve the problem before there is considerable disruption. Get in touch today.
