3 Options For Getting Back Payments For Alimony
If your ex has fallen behind on making alimony payments to you, there are several legal options that you and your divorce lawyer have for getting those payments. Which option you choose depends on several factors, including how far behind your ex is.
Talk to Your Ex
Before you take any legal actions, it is a good idea to talk to your ex. If your ex is having financial difficulties due to an unavoidable situation, such as he or she was terminated from work, then making alimony payments might not be possible right now.
In these cases, you and your ex can agree to a temporary arrangement to suspend or reduce payments until he or she is able to make the full payments again. If you do reach and arrangement, it is important that it is filed with the court. This gives both parties legal proof of the arrangement and helps to avoid confusion about the agreement. However, if your ex is simply not making payments because he or she does not want to, you and your lawyer need to take legal action.
Ask for an Order of Contempt
You and your divorce lawyer can file a motion with the court that states that your ex is refusing to make payments. If the judge finds that your ex is in the position to make payments and is not doing so, your ex could be found in contempt of court.
The original decree for alimony was a court order. By not paying it, your ex is not just refusing to meet his or her obligation to you, he or she is defying the court order. If your ex continues to pay after the judge finds him or her in contempt, your ex could face jail time.
Request Income Withholding
Another option you and your lawyer have is to ask the court to issue an income withholding order. With the order, your ex's employer will be required to take the money you are owed from your ex's pay before he or she is issued a check.
If your ex is self-employed, asking for an income withholding order will not work. However, you can ask the judge to require your ex to establish a trust from which your payments will be taken. The trust can be set up with a certain amount of money that you can take your payments out of in the event that your ex does not make payments.
Talk to a divorce lawyer like Dianna Harris, Attorney about other options that you have. Some states have special methods for helping former spouses retrieve payments that are owed.