Courts don’t always order this type of support, but when they do, it’s binding; that means failure to pay alimony in California can come with serious consequences.
Here’s what you need to know.
Failure to Pay Alimony: The Consequences
If you’ve been ordered to pay alimony by a California court, you cannot simply stop making payments. You must pay spousal support until your order says you can stop. You can’t even stop paying if your circumstances have changed. You must go through the court system to change the order before you adjust the amount you pay or stop paying entirely.
Failure to pay alimony is a violation of a court order and can result in serious trouble. The court can compel a person to pay alimony – and if that fails, the judge in your case can hold you in contempt of court. In some cases, judges can even order jail time for non-payment.
This means that yes, you can go to jail for not paying alimony in California.
Legal Consequences of Not Paying Alimony
The legal consequences of failure to pay court-ordered spousal support can be severe and escalate over time. Here are some of the actions the court can take against you:
Immediate Court Actions
- Wage Garnishment: If you fail to pay alimony, the judge can order wage garnishment. A garnishment order tells an employer to withhold part of your pay to go toward your debt.
- Bank Account Levies: The court can place a levy on your bank accounts to recover unpaid spousal support. This means your bank may freeze your account and send the money you owe to your ex-spouse.
- Property Liens: If you own property, the court can place a lien on it, making it difficult to sell or refinance until you clear the debt.
- License Suspensions: While license suspensions are common for unpaid child support, they are not standard practice for unpaid spousal support in California. The state does not generally suspend driver’s or professional licenses solely for failure to pay alimony, although there may be exceptions based on specific circumstances or additional legal actions taken by the receiving spouse.
- Tax Refund Interception: The IRS can intercept your tax refund and direct it to your ex-spouse if you’re behind on alimony payments.
- Contempt of Court: Repeated refusal to pay alimony can lead to contempt charges, which may include fines or potential jail time.
Enforcement Process and Jail Time
When you fail to pay alimony, courts follow a structured enforcement process:
Warning Phase
The court first issues formal warnings about non-payment consequences. Your ex-spouse’s attorney typically files a motion for enforcement, and you’ll receive notice to appear in court.
Determining Willful Non-Payment
Before imposing serious penalties, the court determines if your non-payment is willful by examining:
- Your current income and employment status
- Available assets and resources
- Recent large purchases or transfers
- Previous payment history
- Any attempts to modify the order
While jail time is possible, it’s typically a last resort.
Defense Options
If you’re facing jail time for alimony non-payment, you have several options:
- File for Emergency Modification: Filing an emergency modification requires you to submit detailed documentation to the court showing a sudden, significant change in your financial circumstances, such as a job loss or medical emergency, and request immediate temporary relief while your situation stabilizes.
- Provide Proof of Inability to Pay: Your documentation needs to create a complete financial picture through bank statements, pay stubs, tax returns, and a detailed monthly budget showing that after accounting for basic living expenses and other court-ordered payments, you lack sufficient funds to pay the ordered alimony.
- Negotiate a Payment Plan: A viable payment plan should include a reasonable down payment to show good faith, followed by structured monthly payments that catch up on arrears while maintaining current obligations, all supported by documentation showing you can realistically meet these payment terms.
- Show Evidence of Job Loss or Disability: Evidence must establish a clear timeline of your employment or health changes, including official termination notices or medical documentation, proof of ongoing job search or treatment plans, and documentation showing how this directly impacts your ability to maintain alimony payments.
- Demonstrate Good Faith Partial Payments: Good faith efforts are proven through consistent, documented attempts to make at least partial payments, including bank records showing payment attempts, written communication with your ex-spouse about your situation, and evidence that you’re prioritizing alimony payments within your limited means.
Long-Term Impact of Not Paying Alimony
Failure to pay alimony can have significant long-term impacts that go beyond immediate penalties:
- Damaged Credit Score: While unpaid alimony itself may not directly appear on your credit report if a court judgment is entered against you for non-payment, that judgment can be reported to credit bureaus. This would negatively affect your credit score. A lower credit score can hinder your ability to secure loans, credit cards, or favorable interest rates in the future.
- Difficulty Obtaining Loans or Mortgages: Financial institutions often review your financial obligations when assessing loan applications. Unpaid alimony can be viewed as a liability, making lenders hesitant to approve loans or mortgages. Additionally, unpaid spousal support can affect your debt-to-income ratio, which is a critical factor in loan approval decisions.
- Additional Legal Fees and Court Costs: If you fail to pay alimony, the receiving spouse may take legal action to enforce the support order. This can result in court appearances and additional legal fees for both parties. If you are found in contempt for failing to pay, the court may impose further penalties, including fines or even jail time, leading to even more legal expenses.
- Accumulated Debt: In California, unpaid spousal support typically accrues interest at a rate of 10% per annum. This means that if you miss payments, the amount owed can grow significantly over time, creating a larger financial burden. The longer you wait to address unpaid alimony obligations, the more difficult it may become to catch up due to accumulated interest and potential legal fees.
Consequences of Multiple Violations: Escalating Penalties
If you continually fail to meet your alimony obligations, the penalties can escalate significantly. Here’s what can happen with multiple violations:
- Increased Monitoring: The court may impose stricter financial oversight, requiring you to regularly submit financial statements.
- Loss of Modification Rights: Repeated non-payment could result in losing the right to request modifications to your alimony order in the future.
- Criminal Prosecution: In extreme cases, persistent non-payment could lead to criminal prosecution and even jail time.
Interstate Enforcement of Alimony Orders
If you or your ex-spouse moves out of California, alimony orders can still be enforced. Under the Uniform Interstate Family Support Act (UIFSA), alimony orders are enforceable across state lines. This means that if a spouse attempts to avoid paying alimony by moving to another state, the receiving spouse can seek enforcement through the court system in the new state of residence.
UIFSA helps ensure that spousal support obligations are met, no matter where the payer or recipient resides.
What if You’ve Missed Alimony Payments?
Missing alimony payments can be serious – but you may be able to talk to your ex-spouse about your circumstances and work out an agreement for repayment. However, it’s always best to seek a modification through the court to protect yourself legally.
What if You Can’t Pay Alimony?
If you’re unable to pay alimony, you should ask your attorney to file a motion with the court. Your lawyer can ask the court to reevaluate your payments and explain why you want to lower – or even stop – your alimony payments.
If your circumstances have changed significantly and you’re unable to afford your payments, the judge in your case may decide to modify the order.
Do You Need to Talk to an Attorney About Failure to Pay Alimony?
If you need to talk to a lawyer about your ex’s failure to pay alimony – or if you’re a payer and need a judge to change your spousal support order – we may be able to help you. Contact us to schedule a free case evaluation with a Beverly Hills divorce attorney today.
