In an ideal world, alimony payments would always be made on time, and be of help to the dependent spouse as they are intended to. Unfortunately, however, the real world can often be less than ideal. In some circumstances, for any number of reasons, one spouse will fail to make the required alimony payments to the other. While this is unfortunate, the law fortunately provides remedies for those spouses who deserve alimony and are not receiving it.
If the parties initially determined alimony via a separation agreement, their initial attempts at enforcement will understandably be different than if alimony was determined by a court order. Separation agreements are generally governed by contract law, and as a result, those seeking to enforce a contract must file an enforcement action in civil court if the spouse is not following the terms of the contract, unless the agreement was previously incorporated into an enforceable court judgement. If a party attempts a contract enforcement action without success, they can file an initial action for alimony with the court, though this will of course take an additional amount of time and effort. It must be understood, however, that if your divorce has been processed before you file a court action for alimony, the court will lose jurisdiction to enter an award of alimony. A court action for alimony must be pending before your absolute divorce is entered.
On the other hand, if a court initially entered the alimony determination, the parties may return to the court to seek enforcement of the order. After being notified that one spouse is significantly behind on his or her obligation to pay alimony, and after verifying that this is the case through proof presented by the dependent spouse, the court may order the amount to be paid in a lump sum to the dependent spouse. If the supporting spouse does not have enough cash to cover the delinquent amount, the court may potentially order the transfer of title to other property to the dependent spouse, might garnish the supporting spouse’s wages or bank account, or might place a lien against the supporting spouse’s real or personal property until the delinquency is satisfied. If a case is extreme enough, the court might find the non-paying spouse in contempt, which can result in additional fines and even jail time.
Contact Adkins Law to speak with an experienced Huntersville divorce attorney about your alimony matter. One of our Huntersville divorce lawyers will arrange a family law consultation with you to discuss your strategies and options moving forward.