Alimony Enforcement
In the event a former spouse fails to pay their alimony obligation, there are remedies available. When issues arise after a divorce, the advice and counsel of an experienced family law attorney can help you navigate post-judgment litigation. In particular, if your ex-spouse refuses to pay the agreed upon or Court ordered alimony, you will need to file an application with Court seeking enforcement of the support obligation.
In addition to seeking the alimony be enforced by the Court, there are additional tools available to the Court to deter a future nonpayment. These remedies may include the following:
- Fixing the amount of arrearages and entering a judgment upon which interest accrues
- Requiring payment of arrearages on a periodic basis
- Suspension of an occupational license or driver’s license consistent with law
- Economic sanctions
- Participation by the party in violation of the order in an approved community service program
- Incarceration, with or without work release
- Issuance of a warrant to be executed upon the further violation of the judgment or order
- Payment of the other party’s counsel fees
On the other hand, should you are unable to pay the Court ordered alimony, it is important to understand the Court remedies available to you and file the appropriate application with Court prior to your former spouse making an enforcement motion. Indeed, a payor is required to file a modification and/or termination application with the Court and is not permitted to exercise self-help without a Court Order or agreement. Because you are not permitted to unilaterally lower your support obligation, it is important to seek relief as soon as possible.
Donahue Hagan Klein & Weisberg has vast experience in post-judgment litigation in advocating for both the enforcement of alimony, as well as seeking the modification and/or termination of alimony.
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