COURT ORDERED SPOUSAL SUPPORT NOT PAID

If your court ordered spousal support not paid – START TO FIND WHAT IS THE REASON

If your court ordered spousal support not paid, try to find out from your spouse what is the reason for that before taking any legal action. There are many different changes in the circumstances which would make it impossible or almost impossible for your spouse to comply with the court order. For example, he/she might be sick or injured or layout from the job. In this situation, it might be possible to agree on temporary reducing the spousal support with the commitment of your spouse to resume the regular payment after the specified in the agreement time. You don’t need to retain an attorney at this point, but it might consider asking attorney or paralegal help you draft a proper agreement.

How to collect spousal support arrears – BE SURE YOU KNOW HOW MUCH ARREARS OWED

If the court ordered spousal support not paid and your spouse does not have a severe reason mentioned above, you can proceed with taking legal action. However, First, you need to determine how much your spouse owes you “ arrearages owed.“ It is not always evident and clear, especially if in addition to the fixed price, he pays you the percentage of his business income.   To do it you can file a request with the court. The clerk of the court will give you the court day, time, and a department for hearings. After submitting the documents to the court, you need to ask someone to serve your ex-spouse with the appropriate documents. Be sure and file the proof of service with the court. After that, you are ready for hearing.

If your court ordered spousal support not paid – WAGE GARNISHMENT

If your court ordered spousal support not paid  and you do not have wage garnishment order you can consider is to file wage garnishment paperwork with the court. In this case, court ordered spousal support not paid would be the responsibility of your ex-spouse employer. The employee would automatically withhold money from your ex-spouse paycheck.

If your court ordered spousal support not paid and your ex-spouse self-employed you cannot garnish his/her wages, but there are some other tools of enforcement is available.

For example, to place a lien against the real property ( a house or land) of a person who owes past-due support. When the property is sold, past-due support may be paid out of the proceeds from the property sale.

CONTEMPT OF THE COURT

If your court ordered spousal support is not paid, you could also initiate a contempt proceeding. It is criminal in nature. If the court finds that your ex-spouse in contempt, the possible penalties include a jail sentence, community service, and fine. To initiate such proceeding, you need to file an order to show cause. Your ex-spouse will be ordered to come to the court and give a legal reason why the court should not find him guilty of contempt. The court can punish him/her and requires to pay not only court ordered spousal support is not paid but also the attorney fees of the moving party and cost of the proceeding.

Involving Child Support Agency

If you ex-spouse also owes you child support along with the alimony or spousal support, you can make contact with an agency responsible for child support. The agency for child support can help you with the court hearings and also forward your case of court ordered spousal support not paid. They can persuade your ex-spouse by suspending their professional license, driver’s license, levies on bank accounts, ext.

One must understand what the legal mechanisms are for enforcement when dealing with the challenges of court-ordered spousal support in arrears. After going through the initial steps of speaking with your former partner and finding the sum of total arrears, there are numbers available to ensure the payment of compliance of the support orders. Here’s an overview of further steps and considerations for enforcing spousal support payments:

Modification of Spousal Support Orders

Before pursuing enforcement actions, consider whether a modification of the spousal support order might be appropriate. In that case, it would be more practical to file for a modification order of spousal support if there has been a substantial and continuous change in the financial circumstances of your ex-spouse.

The process would involve applying to the court, indicating the change in circumstances, and probably being able to agree on a different sum as regards spousal support befitting the financial situation at present.

Enforcement Through the Court Wage Garnishment: As the name suggests, a wage garnishment is an order obtained from the court that compels the third party or his employer to divert some of the employment income into the arrears of spousal support through periodic payments. This is direct, very effective collection.

– Li-Property: This ensures putting a encumbrance on the ex-spouse’s property, such as real estate, guaranteeing that any proceeds from the sale of the property are used in the coverage of spousal support arrears.

This method can secure payment but may take time, depending on if and when the property is sold. Seizure of Assets: An ex-spouse may have to see a part of his assets seized if a court would rule for him to make payments for support not paid. Such could be bank accounts, investment accounts, or other valuable property.

Contempt of Court Proceedings

The more serious measure would be the initiation of contempt of court proceedings that may in fact result in criminal penalties for the ex-spouse if, in fact, he is held guilty of wilfully failing to abide by the spousal support order.

The approach follows tangible evidence and legal procedures that one follows in line with filing the right legal documents and presenting the case before the court of law. Most contempt proceedings are weighty, calling for fines or community service, and may land the non-compliant ex-spouse in jail.

Involving Child Support Services If the problem is in the area of child support, then including the child support enforcement agency for your state could provide additional support and resources towards the collection of both child and spousal support. Normally, such agencies have very broad powers, including taking tax refunds, suspending licenses, and putting liens on property, in enforcing support orders. Legal Representation

Enforcing spousal support orders is never a walk in the park; they really present a myriad of challenges, so it is highly recommended to involve a family law attorney. The attorney will advise the best ways of enforcement based on your kind of situation, and such an attorney would be able to represent you even in the litigation part to ensure that at no point are your rights infringed in the whole process. Conclusion Enforcement of court-ordered spousal support that remains unpaid is essentially a strategic undertaking that takes into consideration the specific circumstances of your case. Negotiations with the ex-spouse and leveraging mechanisms within the legal system for enforcement may lead to a myriad of alternatives compared to compliance with spousal support orders. Understanding these options and getting professional legal advice would help you in this process so that you get the financial support for which you are entitled.

 

 

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