Table of Contents

• File A Motion With The Court
• Document The Non-Payment
• Potential Court Actions
• Implementing Wage Garnishment
• Placing Liens On Property
• Levying Bank Accounts
• What If My Spouse Claims They Can’t Afford To Pay?
• Working With KNK Law In Ogden, UT

Court-ordered alimony payments will need to be paid to an ex-spouse, typically the lower-earning spouse, to help support them financially after the divorce. When a spouse refuses to pay alimony, they are in contempt of court, which could lead to severe legal consequences for them. It can be a stressful time as you watch bills pile up and your savings dwindle when you are not receiving alimony payments. Here are the steps you should take when alimony payments abruptly stop.

File A Motion With The Court

The first step is to file a motion with the court so they are aware that your ex-spouse has stopped payments. Angry texts and sitting around hoping to receive payments won’t yield the best results, so it is best to file as soon as possible. Once you file that alimony isn’t being paid, the court will send an Order To Show Cause, asking your ex-spouse to explain why they couldn’t make the payment. Courts will approach the situation with care and professionalism, rather than having you meet with your ex and deal with heightened emotions. 

Document The Non-Payment

It is also important to have clear documentation of all missed alimony payments or correspondence with your ex-spouse. Documenting these instances can help the court determine next steps and compare with what the other party may have expressed during their Order To Show Cause. Keep track of how much the court ordered payment was, what money you did receive, or if the payment was missed entirely, and the date the money was due. Completing this process for every missed payment and keeping track of the total amount owed will be used by the judge in your case. 

Potential Court Actions

Once you have filed and presented evidence, the court system can take any of the following actions. 

Implementing Wage Garnishment

The court will order that missed alimony payments come out of the person’s upcoming paychecks. Wage garnishment will continue until the entire alimony debt is paid off. Sometimes interest will be included in missed alimony payments, which will also be pulled from employee paychecks.

Placing Liens On Property

All missed payments and interest on those payments can be used to put a lien on their most valuable assets. Putting a lien on property, housing, or investments can be the push someone needs to pay what they owe to an ex-spouse. 

Levying Bank Accounts

A court may pull alimony payments directly from the ex-spouse’s bank account to satisfy the due amount. This is often one of the last options that courts will take, especially if your ex-spouse has evidence or reasons they have not made payments.

What If My Spouse Claims They Can’t Afford To Pay?

One of the most common claims is that the spouse can’t afford the monthly payments that were agreed upon at the beginning. If someone loses their job or has a major change in circumstances, they must file a petition to modify the alimony agreement if they can not pay. Avoiding payments is not the best solution for financial instability, because they will still owe that entire amount and interest in the end. 

A judge can modify the order if you file a petition explaining your new income and financial standing, which may require you to submit pay stubs, bank statements, or tax returns. Alimony payments can’t be changed just based on hearsay or because you made a large purchase that wasn’t in your budget. 

Working With KNK Law In Ogden, UT

Kaufman, Nichols, and Kaufman offer some of the best legal advice for family law, estate planning, criminal law, and more. We bring decades of experience to alimony cases and help explain your options in detail. You can ensure the best outcome when you work with our lawyers, who will ensure that orders are clear and enforceable. Alimony payments can be tricky, but they are crucial for your quality of life and the future of any children.

Our goal is to help you balance needs, resources, and the alimony payments you are rightfully owed to avoid financial hardships. If alimony payments are part of your divorce and they have been missing from your typical income lately, reach out to a lawyer as soon as possible. Missing these payments can affect the payee and the payer’s financial standing for years to come, so it should be handled with care. Give us a call to schedule an appointment with any of our lawyers.