Going through a divorce is likely one of the hardest times of your life. Unfortunately, things may get even more stressful if your ex-spouse refuses to fulfill their court-ordered spousal maintenance obligations. This refusal may make you feel frustrated and unsure of what steps to take next. Here’s what you need to know about your options in this situation:
Review the court order
Refer back to your divorce decree or court order to ensure that the spousal maintenance terms are clear and legally binding. You also want to ensure that you check for amounts and dates when payments are due, to ensure that you didn’t misunderstand anything.
File a motion for enforcement
You can file a motion with the court to enforce the spousal maintenance order. This may involve seeking contempt charges against your ex-spouse for failing to comply with the court’s directives.
Modify the support order
If you’re aware of your ex-spouse’s financial hardships, consider hiring a family law attorney to modify the spousal support order. They can help you seek a court order that reduces the payment amount based on the changed circumstances.
Request an income withholding order
Request an income withholding order from the court. This ensures that future payments are deducted directly from your ex-spouse’s paycheck (unless they are self-employed).
Contempt proceedings
If your ex-spouse intentionally violates the court order, the court could hold them in contempt. This may involve paying overdue maintenance and reimbursing your attorney fees. Continued non-compliance could lead to jail time.
Writ of execution
A judge may award part of your ex-spouse’s bank account or other assets through a writ of execution. It helps recover the owed maintenance.
Interest and judgment
The court can issue a judgment against your ex-spouse, including interest if substantial arrears accumulate. You can also seek reimbursement for attorney fees incurred during the process.
Ensuring compliance with spousal maintenance orders is a crucial step in the dissolution of marriage. Addressing these issues promptly can help secure your financial stability and uphold your legal rights.
