QUESTION
How can I go back to divorce court to get alimony?
Asked on Nov 12th, 2011 on Child Custody - Alabama
More details to this question:
I wanted to know how can I go pay to go back to court to get my alimony that my spouse owes to me? He is a year and a few months behind on it. Can he face jail time? If so, what is that law that regulated that rule?
13 ANSWERS
Steven D. Dunnings
If he is employed, have you tried to garnish the wages from his employer?
Answered on Jun 26th, 2013 at 1:37 AM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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Need to file a petition with the court to force your ex-husband to pay the maintenance due.
Answered on Nov 28th, 2011 at 12:17 PM
Bankruptcy & Debt Attorney serving Jackson Heights, NY
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Ruiz Law Group PC
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Absolutely, he is in contempt of court if the maintenance was ordered by the court.
Answered on Nov 17th, 2011 at 9:00 AM
Yes, you file a contempt motion, saying he is not following the order for the payment of the support. You file and obtain a court date then have him served with the motion.
Answered on Nov 17th, 2011 at 12:24 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Generally, the remedy is to ask the court to find him in contempt for violating a court order to pay alimony. If the court finds that he is able to pay and just refuses to do so, the judge could put him jail but that is usually a last resort.
Answered on Nov 16th, 2011 at 2:46 PM
I assume from your question that when you originally got divorced that your spouse was ordered to pay maintenance (alimony). I also assume that he has failed to pay the ordered amount for some time. Assuming that these things are true, then, your remedy is a motion for contempt. The court, in such circumstances, has the power to require him to bring the maintenance current and keep it current. It has the power to award attorney's fees, costs, and penalties. In suitably extreme situations, it has the power to impose jail time.
Answered on Nov 16th, 2011 at 2:28 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You need to file a motion for contempt and for entry of an income deduction order, if he has a job. You should consult with an attorney to assist you with the process.
Answered on Nov 16th, 2011 at 2:19 PM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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Depends on what the final decree says if it is spelled out and detailed he could be facing contempt charges. This will require you to file a motion for an order to show cause the he be held in contempt and this will resulting argument in court.
Answered on Nov 16th, 2011 at 10:45 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You should move the court for an order of contempt.
Answered on Nov 16th, 2011 at 10:10 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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It would be difficult to collect your alimony if he is in jail.
Answered on Nov 16th, 2011 at 12:55 AM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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In Washington state if a former spouse is delinquent in his maintenance (alimony) payments, you can go to court to request (1) a judgment for the past due, plus attorney fees, plus interest; and (2) contempt against the former spouse for willful failure to pay. Thereafter, his continued willful refusal to pay may be a basis for jail time. You should consult with an attorney to take the necessary action.
Answered on Nov 15th, 2011 at 9:06 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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You can file a motion for contempt and seek a judgment. Jail time is unlikely.
Answered on Nov 15th, 2011 at 8:42 PM
If alimony was ordered, then you can hire an attorney to file contempt charges. If it was not ordered you will need an attorney to examine your case to see if it was reserved.
Answered on Nov 15th, 2011 at 8:41 PM