What Happens If My Ex-Spouse Doesn’t Pay Alimony In New York?

Written by Yonatan Levoritz on December 28, 2024

Unpaid spousal support in New York is not taken lightly. When a former spouse ignores a court order, judges have wide authority to enforce compliance, and the penalties can be severe. A violation may trigger wage garnishment, liens on property, frozen bank accounts, intercepted tax refunds, license suspensions, or—if the court finds willful disobedience—even jail time. Courts can also require the nonpaying spouse to reimburse the other party’s attorney fees.

So, what happens if you don’t pay alimony in New York? The answer is simple: the consequences escalate quickly, and the financial impact can be lasting. At The Levoritz Law Firm, we help New Yorkers take action—whether enforcing an order to recover overdue payments or petitioning for modification when obligations are no longer realistic. Our team provides clarity, direction, and support so you don’t have to face unpaid alimony disputes alone.

Exploring the Causes Behind Missed Alimony Payments

When your ex-spouse suddenly stops paying alimony, you should first find out why. Some reasons that an ex-spouse stops paying alimony include:

• Job loss
• Significant reduction in earnings
• Bankruptcy
• An accident resulting in an injury or disability

In some extreme circumstances, such as severe injury, the court may reconsider its initial alimony ruling and reduce the amount of support to be paid, or even suspend it temporarily, until your ex-spouse recovers financially or physically and can resume support payments.

Legal Consequences of Not Paying Court-Ordered Alimony in NY

Failure to comply with a spousal support order in New York can quickly escalate into serious legal trouble. When a spouse does not pay, the recipient has the right to file a violation petition, which must be formally served on the nonpaying party. This begins a process where the court holds a hearing to determine whether the order has been violated. At the hearing, the respondent is informed of the right to counsel, and if financially eligible, the court may assign an attorney to ensure due process.

If the violation is established, a Support Magistrate has several enforcement options. The Support Collection Unit (SCU) may be directed to take payments directly from the respondent’s paycheck, or the court may order a lump-sum payment toward arrears, issue a judgment for the debt, or authorize other collection measures.

Consequences may include suspension of driver’s, business, or professional licenses, seizure of bank accounts, interception of tax refunds, or even passport revocation. If the court finds the nonpayment was willful, the respondent may also face probation, mandatory employment programs, or up to six months in jail for contempt, according to the New York State Unified Court System.

Taking the Issue to the Court

If your ex-spouse refuses to pay you alimony for no legitimate reason after receiving a formal request from the court to do so, seek the help of a divorce attorney and file a motion for contempt with the court. Seeking court assistance to obtain alimony payments you are entitled to may be a long process. The wait can be worth it. If the court rules in your favor, you may be awarded a refund, interest, or other fees.

How to Document Missed Alimony Payments

If you are preparing for a contempt hearing, keep in mind this checklist so you can be organized and prepared:

• Hire a reputable and recommended divorce lawyer who understands your side and has legal expertise in divorce and marriage.
• Contact the local court and find out the required documents (your attorney can do this for you).
• Prepare all the essential documents that will help in the case.
• Make copies of any evidence (documentation proving the payments were not received).
• Stay calm. Be smart with your actions. An emotional scene in court can sabotage your case.

If your ex-spouse is in contempt, he or she will be forced to pay the debt owed to you by a specific deadline or face imprisonment.

Moreover, the judge can order the seizure of property, bank accounts, and financial assets owned by your ex-spouse due to the failure to fulfill his/her court-ordered responsibilities. The law is on your side and offers several solutions to ensure you receive the alimony the court awarded you. Therefore, seek legal help from a spousal support lawyer as soon as possible if you stop receiving alimony.

How Courts Enforce Alimony in New York

New York courts have clear procedures to enforce spousal support orders when payments are missed. The process begins when the recipient files a violation petition, which must be served on the respondent along with a summons. At the first appearance, the court advises the respondent of the right to counsel and, if financially eligible, may assign an attorney.

A Support Magistrate then holds a hearing where both parties can present financial records, testimony, and evidence. If the court finds that the order was violated, it can:

• Direct the Support Collection Unit (SCU) to deduct payments directly from wages.
• Require a lump-sum payment toward arrears or issue a money judgment.
• Suspend drivers, professional, or business licenses.
• Seize bank accounts, intercept tax refunds, or revoke a passport.
• For willful violations, impose probation, mandate employment programs, or order up to six months in jail for contempt.

These remedies exist to ensure compliance and protect the rights of the supported spouse.

What If That Person Genuinely Can’t Pay Alimony?

New York law requires a formal request if a paying spouse can no longer meet a support obligation. A court will not excuse missed payments unless the obligated party files the proper paperwork and follows the required steps.

When circumstances change significantly—such as job loss, illness, or reduced income—the paying spouse may file a petition to modify the order. The petition must contain a statement explaining the change in circumstances. Both the petition and a summons must then be served on the other party.

Once the petition is filed, the court holds a hearing to review evidence from both sides and determine whether the existing order should be adjusted. According to the New York State Unified Court System, this modification process ensures that requests are considered through proper legal channels and that support orders are only changed after judicial review.

Steps to Take Immediately if Alimony Is Not Paid in New York

When a former spouse stops paying support, acting quickly can prevent arrears from growing and improve your chances of recovery. In the first month of missed payments, consider taking these steps:

1. Gather records: Collect bank statements, prior support orders, and proof of missed payments.
2. File a violation petition: Submit the petition in Family Court or Supreme Court. It must be formally served on the respondent, along with a summons.
3. Prepare documentation: Bring recent tax returns, pay stubs, and a completed financial disclosure statement showing income and expenses.
4. Attend the hearing: A Support Magistrate will hear testimony, review evidence, and determine whether the order was violated.

The New York State Unified Court System explains that a Support Magistrate can order wage deductions, judgments, or other enforcement remedies if payments are overdue.

Frequently Asked Questions About Alimony in New York

Can my ex-spouse go to jail for not paying alimony in New York?

Yes. If the court finds willful nonpayment, a judge may order up to six months in jail for contempt.

How do I enforce an alimony order in New York?

You may file a violation petition in the Family Court or the Supreme Court. A Support Magistrate can order wage deductions, lump-sum payments, or other remedies.

Can alimony be reduced if circumstances change?

Yes. Either party can file a modification petition explaining a substantial change in financial circumstances. The court will review evidence at a hearing.

Does unpaid alimony accrue interest?

Unpaid support accumulates until it is resolved, and interest may be added to the arrears.

Speak With a New York Spousal Support Attorney Today

Wondering what happens if you don’t pay alimony in New York? Delays in enforcement or modification can cost you more than time—they can impact your finances, your license, and even your freedom. At The Levoritz Law Firm, we help clients understand their options, whether pursuing enforcement or seeking modification. Take steps now to address your situation—call (718) 942-4004 to schedule a confidential consultation with our team.