What action can you take when your spouse fails to make court-ordered alimony payments?

If an ex-spouse is unable to pay alimony on time there might be some valid reasons behind the delay. Loss of income due to job loss, ailments which affect their profession, and medical emergencies are some of reasons why a paying spouse may sometimes fail to make timely payments. When you have not received your alimony Chandler, AZ divorce lawyers such as those from the Zachary Law Group (http://zacharylawgroup.com/divorce/) recommend that you must try to find out the reason behind the delay before seeking court intervention.

Mutually agree on a revision

If there is a genuine reason such as loss of job or a reduction in income due to an injury or an ailment, you can mutually come to an agreement to reduce amount of alimony for specified period. You do not need a court order to so. But you ought to have your Central Arizona or Mesa, Tempe, Chandler divorce lawyer draw up an agreement to this effect.

You must also let your paying spouse know that you are prepared to go to court if he or she fails to honor the agreement. However, remember that many spouses voluntarily quit their jobs to avoid alimony payment. Therefore, make sure to determine that the truth before you agree to any revision for court ordered alimony.

Seek legal recourse when all else fails

If the paying spouse simply refuses to pay without any reason then you don’t have any other choice but to take your spouse to court. Your legal representative will file a motion for enforcement with the court which will then pass an order mandating that your spouse make the overdue payment as soon as possible. The order will also dictate that he or she honors future payments.

 Various court ordered remedial measures

Contempt - Courts usually do not take kindly to individuals who disobey court orders. If the paying spouse does not pay the court ordered alimony then he/she can be held in contempt and can be asked to pay the overdue amount immediately along with a fine. If the payment still does not happen then the spouse could face jail time and their Chandler, AZ divorce attorneys and best in the business are from the Zachary Law Group could be helpless in this regard. The former NBA all-star Allen Iverson was in a situation like this. Furthermore, if your spouse believes they can get out of these payments by not working then perhaps jail is a fine answer to their laziness and attitude. 

Income withholding - If your spouse has stopped making timely payments then your legal professional may ask the court to pass an income withholding order. This means that the court will contact your spouse’s employers and request them to directly transfer a portion of the salary to your account. This is concrete arrangement since your spouse won’t be involved in the financial transaction while you get your dues directly from his/her employer.

However, such an order cannot be enforced on a self-employed spouse. The bright news is that you can ask the court to order your spouse to open a trust account so that you can draw your monthly alimony from this account if the spouse fails to pay.

Writ of execution - A judge may order your spouse to share a portion of the money parked in bank account/s and may also attach some assets.

If you have a problem with alimony, don’t hesitate to consult a Phoenix area or Chandler, Arizona divorce lawyer preferably with extensive experience in family law. And the Zachary Law Group fulfills all of these categories. They bring home the bacon and make sure your divorce agreement is being honored. They do not allow any spouses to not do the right thing. The Zachary Law Group has countless satisfied clients, knows the Arizona legal system, and manifests integrity through and through.