By John Smith in Exclusive use and occupancy of marital home in New York State | When and how to file an appeal | When can you appeal a family law matter | on 2024-12-28 03:55:13
Alimony is a court-ordered payment levied on the spouse with the higher income to help the spouse with the lower or non-existent income establish financial stability. The payment is determined and ordered by the judge when the divorce comes to a conclusion. It must be paid even if the income or financial situation of the spouse who is required to pay alimony declines.
If you are dealing with an ex-spouse who is not fulfilling his or her obligation to pay spousal support, this article details what your options are to enforce the payment of the support you are entitled to.
When your ex-spouse suddenly stops paying alimony, you should first find out why. Some reasons that an ex-spouse stops paying alimony include:
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 is able to resume payments of support.
If your ex-spouse refuses to submit the court-ordered support payments to you due to resentment or greed, you should hire an attorney right away. Knowledgeable legal counsel can help you file a report with the court as soon as possible. While the process of collecting unpaid alimony can sometimes be lengthy and difficult, the court will look to protect you and inform your ex-spouse that he or she has disobeyed an order of the court. Your ex-spouse will be forced to pay any missed alimony payments immediately.
If your ex-spouse continues to refuse 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 turn into a long process. The wait can be worth it. If the court rules in your favor, you may be awarded back payment as well as interest or other fees.
If you are preparing for a contempt hearing, keep in mind this checklist so you can be organized and prepared:
If your ex-spouse is found to be in contempt, he or she will be forced to pay the debt owed to you by a certain deadline or face imprisonment.
Moreover, the judge can order the seizure of property, bank accounts, and financial estates 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 you were awarded by the court. Therefore, seek legal help from a spousal support lawyer as soon as possible if you stop receiving alimony.
Meet Yonatan Levoritz, the founder of Levoritz Law Firm, recognized for his exceptional skill in family law, his compassionate manner, and his commitment to achieving favorable outcomes for his clients. Yonatan Levoritz has a long record of winning challenging and complex cases.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, Yonatan Lavoritz who has more than 20 years of legal experience as a divorce & family attorney.