QUESTION
What recourse do I have if my ex-husband decided to stop paying alimony?
Asked on Aug 11th, 2013 on Divorce - California
More details to this question:
I was married to my husband for 27 years and have been divorced for 17 years. It was stated in the divorce decree that he pay me alimony until I remarry, or die, whichever comes first. He has been paying up to now. He now says he has no money and has arbitrarily decided to stop payment.
12 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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You should consult with an experienced family law attorney to enforce the spousal maintenance order. In Arizona, as I expect in all other states, a party is not allowed to unilaterally stop making court ordered payments. Local counsel can assist you with this action.
Answered on Aug 16th, 2013 at 9:43 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File an Emergency Motion for Enforcement with the Trial Court.
Answered on Aug 15th, 2013 at 10:03 AM
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You can try to garnish his wages. Otherwise you can file a contempt against him for failing to follow the Court order.
Answered on Aug 14th, 2013 at 5:22 PM
Alternative Dispute Resolution Attorney serving Farmington Hills, MI
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DeBrincat, Padgett, Kobliska & Zick, Attorneys & Counselors at Law
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A divorce judgment, like any other form of judgment, can be enforced. You need to know, however, whether your spousal support/alimony is modifiable or non-modifiable. If it is modifiable, then he can file a motion for future modification if the reduction in income was beyond his control. If your judgment provides for non-modifiable spousal support, then it is a collection action. As with any collection action, there needs to be income or assets to attach. An attorney should review your papers and render advice as to your specific situation.
Answered on Aug 14th, 2013 at 3:24 PM
Accidents Attorney serving Blue Springs, MO
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Blue Springs Law Office LLC
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Your recourse is to file a Motion for Contempt. Your Ex will be served with an order to appear at a certain date and time and Show Cause why he should not be held in contempt. His failure to pay constitutes contempt of court if he is not paying while having the ability to pay. His defense argument may be that he no longer has the ability to pay, for instance, if he has become involuntarily unemployed or underemployed, has become disabled, or some other reason. Have you asked him for the reason he now has no money, as he states?
Answered on Aug 14th, 2013 at 3:24 PM
Since you were being paid under a court order your husband could be held in contempt of court if you can prove he had the ability to pay the support when it became due but intentionally refused to pay. You will need a lawyer's help on this so I strongly suggest you meet with a family law attorney in your area. If your ex-husband thinks the order should be modified, he needs to file papers with the court. It is not proper to simply change or ignore court orders.
Answered on Aug 14th, 2013 at 3:23 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can move to have him held in contempt, but if he has no money, the court will not order him to do something he cannot do.
Answered on Aug 14th, 2013 at 3:22 PM
You can take him back to court to enforce your order or contort him. But if he has no money then he may get a lower support amount. Reality is that you can't get blood from a stone so be careful about spending money without any hope for a return.
Answered on Aug 14th, 2013 at 3:21 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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You are entitled to file a motion for enforcement with the court that entered the alimony order. I suggest you hire a lawyer.
Answered on Aug 14th, 2013 at 3:20 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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File a motion for contempt immediately.
Answered on Aug 14th, 2013 at 3:20 PM
You may bring a motion for contempt or seek an order establishing arrears that you can collect through other means.
Answered on Aug 14th, 2013 at 3:20 PM
Family Law Attorney serving Thousand Oaks, CA
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Law Office of Terry A. Buchanan
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Support orders remain effective until modified by a subsequent court order. Therefore your ex is accruing arrears of all nonpayments. If your ex does not have money then enforcement will be difficult as from what source of funds can a court require him to pay. If retirement or income payments are being received by your ex you can consider a garnishment order. An attorney can assist with that and relevant motions to the court.
Answered on Aug 14th, 2013 at 2:56 PM