So your divorce is settled, the court process feels like it’s over and moving on is all you want to do.
Only now your ex-spouse refuses to pay the agreed-upon support. What now?
The important thing to remember is whether it’s simply out of spite, lost a job, or fell behind in his or her finances, you are not required to just do without the money allotted to you. For it’s part, the court does not take failure to pay support lightly. The agreement to pay is, after all, a court order.
To protect your rights, and ensure your financial well-being in light of that court order, the court offers a few options to correct the non-payment.
Court Options for non-payment of alimony
Contact your ex-spouse
The first step you must take toward collecting your alimony payments is to contact your ex-spouse directly, if this is possible. If that is not a possibility, an attorney can do so on your behalf.
The purpose of this is to resolve this issue without involving the court (a process that is sure to add ample time and complexity to your situation). Sometimes the simple request is the easiest and your ex-spouse ends up resuming support payments.
File a motion with the court
If the contact is unsuccessful, or your ex-spouse refuses to make payments, then you can file a motion with the court to have alimony and/or child support paid through the probation department and even have his or her wages garnished.
It is recommended that you hire an attorney to properly draft the paperwork and represent you in court in this regard.
All in all, there are various ways to get the money that is rightfully yours, so if you cannot work it out with your ex trying to convince him or her to pay, your best course of action is through legal means- this not only remedies the situation the most efficiently and effectively, but shows your ex that you mean business so that payments will not be missed again in the future.