When a court orders alimony as part of a divorce, both parties are legally bound to follow the terms of that agreement. Unfortunately, it’s not uncommon for one spouse to stop making payments. Whether the missed payments are intentional or due to financial hardship, it’s important to understand the legal options available for enforcing the order. Call our Greensboro, NC alimony lawyer today to get the help you need!
Legal Consequences Of Nonpayment
Alimony payments are a very useful tool that can help spouses gain financial security following a split, and when the payments stop coming, the results can be devastating. If a spouse stops paying alimony, they are violating a court order. This can lead to serious legal consequences. The court may hold the non-paying spouse in contempt, which can result in fines, wage garnishment, or even jail time in extreme cases.
The exact penalties depend on the circumstances and how long the payments have been missed. Sometimes, the court may order an automatic deduction from the paying spouse’s paycheck. This process, known as wage withholding, helps guarantee that the payments are made regularly going forward.
Taking Legal Action To Enforce Alimony
The spouse who is owed alimony can file a motion for contempt or enforcement in court. This request asks the judge to review the missed payments and decide what action to take. Before filing, it’s best to gather documentation showing the payment history—such as bank statements, receipts, or written communication about the missed payments.
Courts take unpaid alimony seriously, but they also review whether there’s a legitimate reason behind the nonpayment. For example, if the paying spouse lost a job or suffered a medical emergency, the court might consider modifying the order temporarily. However, stopping payments without first seeking court approval is never advisable and can lead to penalties.
Why Communication Matters
When alimony payments stop, emotions can run high. Still, communication is often the first and most effective step toward resolution. Sometimes, a missed payment may result from confusion, a delay in processing, or an honest mistake. Reaching out directly before taking legal action can save time and reduce unnecessary conflict. If the nonpayment continues or the other spouse refuses to cooperate, legal intervention becomes necessary. Having a clear record of attempted communication can help strengthen the case when filing a motion in court.
How Our Attorney Can Help
It’s pivotal to protect your rights following a divorce, including your financial future. Dealing with unpaid alimony can be stressful and frustrating. Our team brings over two decades of experience, and we can provide you with the tools and resources you need. We can review your court order, calculate how much is owed, and file the proper motions to help recover the missed payments.
Our team believes in transparent communication and fairness, two values that guide how we approach every family law case. These principles help us provide clear, practical advice that supports our clients’ long-term interests. Having legal representation helps both sides reach a fair outcome while staying within the bounds of the law. Call us at The Spagnola Law Firm today to see how you can benefit from our legal services and why our clients give us positive testimonials!