Steps to Take If Your Husband Isn't Paying Court-Ordered Alimony
Divorce is an emotionally and financially taxing experience, and while many aspects of it are difficult, one of the most critical issues is ensuring that both parties meet their financial obligations.
If alimony was awarded in your divorce decree, it was done to help you maintain financial stability after the dissolution of your marriage. But what happens when your ex-husband doesn’t comply with the court-ordered payments?
The reality is that when an ex-spouse fails to pay alimony, it can have serious consequences on your financial well-being.
Fortunately, you have legal rights and recourse to enforce the divorce decree. If your husband is not paying alimony as agreed, there are several steps you can take to hold him accountable.
As Georgia family law attorneys, we wanted to write a comprehensive blog post discussing the steps you should take when your ex-husband isn’t paying alimony, legal options for enforcement, and how an experienced family law firm in Georgia can help you recover what you are owed.
What Is Alimony, and Why Is It Ordered?
Alimony, also referred to as spousal support, is financial assistance provided by one spouse to the other after divorce. The purpose of alimony is to ensure that the lower-earning spouse can maintain a standard of living similar to the one enjoyed during the marriage. Alimony is typically awarded when there is a significant disparity in income between spouses or when one spouse cannot support themselves due to age, illness, or other factors.
Types of Alimony:
- Temporary Alimony: This type of alimony is awarded during the divorce proceedings to assist the spouse who needs financial support during the case. Once the divorce is finalized, this support typically ends.
- Rehabilitative Alimony: Rehabilitative alimony is awarded to support a spouse in gaining the skills or education needed to become self-sufficient. This support is generally given for a set period, after which the spouse is expected to be able to support themselves.
- Permanent Alimony: This type of alimony is awarded when the spouse receiving it is unable to support themselves due to factors like age, illness, or a long marriage. In Georgia, permanent alimony is not common but can still be awarded in cases where a spouse has limited earning potential.
- Lump-Sum Alimony: Rather than ongoing monthly payments, a lump-sum payment of alimony may be ordered, which can be paid in a single payment or over a specific period.
Factors Considered When Awarding Alimony:
Courts consider a variety of factors when determining whether alimony should be awarded and how much. These factors include:
- Duration of the Marriage: The length of the marriage plays a significant role in the court’s decision. A longer marriage may result in a more substantial alimony award.
- Financial Needs and Abilities: The financial needs of the spouse requesting alimony and the ability of the paying spouse to provide support will be considered.
- Standard of Living During the Marriage: Courts aim to maintain a similar standard of living for the spouse receiving alimony to that which was enjoyed during the marriage.
- Age and Health of the Spouses: A spouse’s age, health, and ability to work will be factored into the decision.
- Contributions to the Marriage: The court will consider non-financial contributions to the marriage, such as raising children or supporting the other spouse’s career.
Understanding Your Divorce Decree and Alimony Terms
When a divorce is finalized in Georgia, the settlement agreement is the document that outlines the specific terms of the divorce, including the alimony award. It is a legally binding court order, and your ex-husband is obligated to follow the terms set forth in it.
The settlement agreement will clearly state the amount of alimony to be paid, how often it should be paid (monthly, quarterly, etc.), and the duration of the payments. It will also address any special conditions, such as what happens if payments are missed or if there are changes to either party’s financial circumstances.
Why is this important? Because your settlemet agreement is not a suggestion; it is a court order. If your ex-husband fails to pay alimony, he is in violation of a legal order, which means that you have the right to seek enforcement.
It's also essential to understand that alimony agreements can be modified under specific circumstances, such as a significant change in financial situations for either party. However, these modifications must be approved by the court.
Steps to Take If Your Ex-Husband Isn’t Paying Alimony
If your ex-husband isn’t paying alimony as required by the divorce decree, it can be incredibly frustrating. However, there are several steps you should take to address this issue and ensure that you are receiving the support to which you are entitled.
Step 1: Review Your Settlement Agreement
The first thing you should do is review the divorce decree carefully. Make sure that you understand the specific terms of your alimony award, including the payment amount, frequency, and duration.
If there are any terms or conditions that you don’t understand, consult with your attorney for clarification.
Step 2: Attempt Communication
Before taking legal action, it is often beneficial to reach out to your ex-husband to discuss the non-payment. Sometimes, there may be extenuating circumstances, such as a temporary financial hardship, that have caused the missed payments. Try to remain calm and professional in your communication, and keep detailed records of any correspondence. If he is willing to make payments but is struggling financially, you may be able to negotiate a modified payment schedule.
If communication is unsuccessful, or your ex-husband refuses to cooperate, it’s time to move forward with legal action.
Step 3: Document Everything
It’s crucial to keep a detailed record of any missed payments. Keep copies of bank statements, screenshots of account balances, emails, and letters showing your attempts to resolve the situation. This documentation will be invaluable if you need to take further legal action.
Step 4: Send a Formal Demand Letter
If communication attempts don’t yield results, your next step is to send a formal demand letter. This letter, written by your attorney, serves as a legal reminder of your ex-husband’s obligation to make the alimony payments. The letter will typically outline the missed payments, request that they be made promptly, and state that legal action will follow if the situation is not resolved. Having this letter can also serve as evidence if the matter goes to court.
Legal Options for Enforcing Alimony Payments
If informal efforts to resolve the issue fail, it may be necessary to seek legal enforcement. Fortunately, Georgia law provides several legal avenues to ensure that alimony is paid.
Step 5: File a Motion for Contempt of Court
If your ex-husband is willfully refusing to pay alimony, the next step is to file a Motion for Contempt of Court. Contempt of court occurs when a person willfully disobeys a court order. By filing a motion for contempt, you ask the court to enforce the original divorce decree and hold your ex-husband accountable for his non-payment.
A judge may order your ex-husband to pay the overdue alimony, along with interest and additional legal fees. If he continues to disobey the court’s order, he could face penalties, including fines, wage garnishment, or even jail time in extreme cases.
Step 6: Wage Garnishment
Wage garnishment is a powerful tool for ensuring consistent alimony payments. If your ex-husband has a regular job, the court can order that a portion of his wages be automatically deducted and sent directly to you. This method ensures that you receive timely payments, and it removes the burden of chasing after him for the money.
To request wage garnishment, you will need to petition the court, which will work with your ex-husband’s employer to implement the deduction.
Step 7: Seize Assets or Bank Accounts
If your ex-husband has substantial assets or funds in a bank account, the court may allow you to place a lien on these assets to recover the owed alimony. A lien is a legal claim against his property, allowing you to seize or sell the assets to pay the debt. Bank account garnishment can also be pursued if he has funds that could be used to settle his obligation.
Step 8: Tax Refund Intercept
Georgia has a program for intercepting tax refunds to collect unpaid child support and alimony. If your ex-husband is entitled to a state or federal tax refund, the state may intercept that refund and apply it to the overdue alimony balance. This process can be initiated through Georgia’s alimony enforcement program.
When Should You Contact a Family Law Attorney?
If your ex-husband is not paying alimony, it’s important to contact a family law attorney as soon as possible. Here are some reasons you might need legal assistance:
- You don’t understand the terms of your divorce decree and need help interpreting the alimony award.
- Your ex-husband is consistently refusing to pay, and informal communication has not resolved the issue.
- You want to explore legal options such as contempt of court, wage garnishment, or asset seizure.
- You are facing potential modifications to the alimony agreement and need assistance negotiating a fair arrangement.
An experienced family law attorney at The Sherman Law Group will guide you through the legal process, advocate on your behalf, and work to ensure that your rights are upheld.
Georgia Alimony Lawyer Near Me
Dealing with unpaid alimony can be stressful, especially when it impacts your financial security. If your ex-husband isn’t paying alimony as required by the divorce decree, it’s important to take action to enforce the court’s order.
From reviewing your divorce decree to filing a contempt motion or requesting wage garnishment, there are several legal options to ensure you receive the support you are entitled to.
If you are facing difficulties with unpaid alimony, don’t hesitate to reach out to The Sherman Law Group, trusted family law firm in Georgia. Our experienced attorneys are here to help you navigate the legal process and protect your financial future.
You don’t have to face this challenge alone—contact us today to discuss your case and find a solution that works for you.