What Happens If A Spouse Doesn’t Pay Alimony?

Family Law
What Happens If A Spouse Doesn’t Pay Alimony?

January 07, 2016

Once an alimony agreement is reached among spouses or is ordered in court, that agreement  is enforced by the courts after a judge signs off on the paperwork. These payments are enforced by the state law. There are many varying reasons why people fall behind on these payment. Sometimes a spouse has taken on extra medical expenses or has fallen into debt, while other times maybe they lost their job and can’t afford the payments. Another possibility is that the spouse paying the alimony simply does not want to make those payments anymore.

What To Do If You Aren’t Receiving Alimony Payments

If for some reason you are not receiving alimony payments that are owed to you, first and foremost you should try to find out why. If your spouse is actually struggling to make the payments due to a recently lost job or some sort of illness, you may want to think about working out an agreement that would decrease the amount of that payment just until they can get back on their feet. It is important to make sure they know that you are willing to go to family court if the payments don’t come in again. This is where you should make sure you contact a professional Fort Wayne family law attorney to make sure you can draft an official agreement have your rights be protected.

If you are not receiving alimony payments because your previous spouse is simply trying to get out of them and dodge the obligation, you will have to go to court for help. First, a motion must be filed with the court that basically asks a family law judge to order that person to pay the past overdue payments, and continue to pay them in the future. If you take this to court, it is essential to consult with an alimony lawyer that can draft those motions with you.

Consequences for not paying alimony may be ordered by a judge, and these consequences vary from court to court. There are several different means of enforcement. A court can decide to order the person behind on their payments to pay all overdue payments and get up to date; order a monthly amount to be paid in addition to the regular payment; order interest on the current debt; order that spouse to sell current property in order to catch back up; make the spouse pay all the lawyer and court fees; order payments to be subtracted from each paycheck through an income deduction order; and even arrest them for contempt.

Get Professional Legal Advice From A Fort Wayne Family Law Lawyer

Call The Bellinger Law Office at 260-428-2214 for any alimony or divorce issue you may have.

Guidance for Families


Meet Attorney

Robert H. Bellinger



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