QUESTION
What Action Do I Need To Take To Pursue A Garnishment of my Ex-Husbands Wages For Back Alimony?
Asked on Oct 11th, 2018 on Family Law - Florida
More details to this question:
BACKGROUND INFORMATION Per a court order dated 3 December, 2015 my ex-husband was ordered by the court to pay $600.00 per month until he completed a loan modification plan forever removing my name from the mortgage. To date, my name still appears on the mortgage. When Mr. Spates commenced his modification plan, the judge granted him a six-month grace period from the $600.00 payments. That grace period was from October 2016 – March 2017. My ex-husband started the loan modification plan on 14 October, 2016 but he never finished it. Per the court order the judge ordered my name forever off of the mortgage. It is still on the mortgage. Per the judge’s court order my husband was to complete a Loan Modification Plan that included removing my name forever from the mortgage. He has not done that. What action do I need to take to pursue a garnishment of wages for the past due amount of $13,200?
2 ANSWERS
Family Law Attorney serving Coral Gables, FL
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David B. Mitchell, P.A.
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Thank you for your question I am sorry you are having this ongoing difficulty with your ex-husband. Fortunately, your situation can be remedied.
If the court has ordered your husband to pay $600 per month until the loan modification is complete, which loan modification is still incomplete, that money is due and owing. You need to have your attorney file a two-prong motion with the court: A Motion to Enforce to compel the refinancing joined with a Motion for Contempt directed to the unpaid alimony, assuming he still has the present ability to pay it. Set it for an evidentiary hearing. Your lawyer may want to depose your ex in advance of the hearing to see what excuse he will offer the court and prepare to counter it. You should also ask for your attorney’s fees and costs to be reimbursed to you as you are enforcing the court’s existing order.
Good luck!
Answered on Nov 25th, 2018 at 3:27 PM
Heather Cherepkai
The best way to address the issue of the non-payment of alimony is to file a motion to enforce the final judgment and for contempt since your former husband has not complied with the prior court orders. In this process you can seek to have the alimony and the past due alimony paid through an income withholding order. This motion can also address the issue of your name on the mortgage and ensure that is resolved as well.
Answered on Oct 15th, 2018 at 10:17 AM