What Can I Do If My Ex Stops Paying Spousal Support

Spousal support or alimony is money awarded to a former spouse by the other following a divorce. Because married couples have a legal responsibility to support each other, New York’s Family Court Law allows an Alimony proceeding to be launched by one spouse. As a result, spousal support is often given to the spouse with a lower income earning capacity.

New York has two types of alimony payments: rehabilitative and permanent. The court will determine which is the most appropriate by considering the circumstances of your marriage and other crucial factors, such as age, earning capacity, education, work history, and more.

If you have received a final decree of divorce and the court has granted you the right to obtain spousal support, your ex-spouse should pay the amount specified in the court order for a specified period. Sometimes, the party obliged to pay spousal support will fail or refuse to make the required payments. Fortunately, you have legal options to ensure the court order is facilitated and you obtain your monetary support.

The Next Steps

If your ex-spouse stops paying the court-ordered alimony, you may need to go back to court for an order of enforcement. It’s in your best interest to hire an attorney to guide you through and help file a motion for contempt, requesting the judge to order your ex-spouse to pay what they owe you. However, it’s important first to find out why your former spouse has stopped making spousal payments.

Ask your former spouse why they stopped paying your spousal maintenance. There may be times when their businesses go bankrupt or they lose their job, leading to a significant loss of resources. In this case, you may want your former spouse to pursue a modification for the court-ordered spousal support. But if your ex violated the obligation voluntarily, then launching a legal action to seek enforcement of the court order could be wise.

Enforcing the Court-Ordered Spousal Support

When enforcing court-ordered spousal support, the courts have several responses to remedy the situation. Some of the most common are:

• Contempt of Court Proceedings

Contempt of court proceedings involves returning to court for enforcement through court proceedings. You may collect evidence to demonstrate that your ex-spouse is not complying with the existing court order. The evidence may include bank statements proving that payments were not made on time or have not been made as stated in the court.

During the contempt court hearing, you can explain the details of the alimony court order and how your ex has violated the order. Working with a family law attorney is essential to help you navigate the enforcement process.

After presenting substantial evidence, the judge may issue an order asking your ex-spouse to compensate you for all the missed payments and pay an additional fine for violating the court order. Sometimes, a spouse may be sent to jail for defying a court order to pay spousal maintenance.

• Income Withholding

Another way the court can ensure your ex-spouse makes alimony payments is by withholding their income. This involves issuing an income withholding order that directs your spouse’s employer to withhold a specified amount from your former spouse’s paycheck. The withheld amount would then be sent directly to you. Even after the overdue alimony is fully paid, the income withholding order may be preserved to cover any missed payments in the future.

Alternatively, if your former spouse is self-employed, the judge may demand that a trust be created to set money aside for your spousal maintenance. In other instances, the court may order that you be given a portion of your ex-partner’s financial accounts from their bank or other investment accounts.

In addition, if your ex-spouse owes a substantial amount, your lawyer may request the court to issue a money judgment against your ex for the amount owed. You might also be compensated for the legal expenses incurred during the enforcement process. 

Filing a Lawsuit

If your former spouse has stopped paying spousal support, you can also take legal action against them. You can file a case in family court, where your former spouse becomes a creditor being sued for a due date. During the court hearings, you may explain that you’re not receiving the court-ordered alimony amount, and the judge may award an order for the owed money.

One of the most important benefits of pursuing reimbursement through court is that you can seek additional money in terms of interest and fines. If you choose to take this route, it is crucial to retain the service of a professional divorce lawyer.

Consequently, when your former spouse is willing to engage in mediation or a compromise agreement, the final decision of whether it will be considered depends on you. Still, if you want to address the matter through mediation, it helps to consult with a skilled attorney for sound legal advice.

The right to seek spousal support is a legal right and can be waived if it does not violate the law, morals, or public policy. You can always try to reach a new, reasonable agreement when the circumstances allow.

Get in Touch with a Manhattan Family Law Attorney

Matters relating to alimony payment in Manhattan are often complex. If your ex-spouse has stopped paying spousal support, you will need to obtain legal advice from an experienced Manhattan family law lawyer as soon as possible to help file a lawsuit and facilitate the enforcement of the court order.

At WertheimerLipton, we understand how essential your spousal maintenance payments are for your lifestyle. Thus, we can help you navigate the complex legal process to ensure your former spouse pays what’s owed. 

Contact us today and see how our Manhattan Family Law Attorneys, Fred A. Wertheimer, and Alexandria Lipton, can help with your case.