If an ex-spouse is
unable to pay alimony on time there could always be some valid reasons behind
the delay. Loss of income due to job loss, lower pay on the job, reduced hours
because of Obamacare, and medical emergencies are some of reasons why a paying
spouse may sometimes fall back on alimony payments.
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| Money talks! Some people say that money does not matter but it does. The divorce laws in America have many issues but that is another topic. If you are not being paid what you should be every month, you need a divorce lawyer by your side. |
Divorce lawyers
recommend that when you do not receive alimony on time the first thing to do is
find out the reason behind the delay before seeking court intervention. If you
need legal help and you probably do, press right here Divorce.USAttorneys.com. You need to do
things right and that can more easily be done with a legal professional by your
side.
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 or some government regulation such as the ACA that affects your work
schedule, you can mutually agree to reduce the amount of alimony for specified
period. You do not need a court order to do so but you ought to have your
divorce attorney draw up an agreement to this effect.
In addition, it is
vital to let the 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 what the truth is before you agree to any revision in court ordered
alimony.
Seek legal recourse
when all else fails
If the paying spouse
simply refuses to pay without any reason then you will have to take him or her
to court. Your divorce lawyer 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 of court -
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 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, according to divorce lawyers.
Now you may not face as
much jail time as Dominic Toretto (Vin Diesel) did in Fast and Furious 4 but
going to jail still nonetheless means you may lose your job, you will be in
jail, and this can affect your life and so on. Will you have to move out of
your home/apartment and so on? None of these are sunny thoughts. Dominic
Toretto was sentenced to many years in prison at the end of that movie. Yes, he
was broken out – do not plan on anyone breaking you out of prison!
Withholding income -
If your spouse has stopped making timely payments then your attorney may ask
the court to pass an order to withhold the defaulter’s income. 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 viable solution since
your spouse won’t be involved in the financial transaction while you get your
dues directly from his/her employer on time.
However, such an order
cannot be enforced on a self-employed spouse. In such a situation, 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 with a portion of the
money parked in those bank accounts and attach some assets as well to that
money.
If you have a problem with alimony, child support, or any other related issues, just make sure to consult a divorce lawyer for the best possible solution. Do not fly off the handle, that
behavior does not work and is not conducive to a pleasant outcome most of the
time.
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