Steps You Can Take If Court-Ordered Spousal Support Is Not Paid
When your court-ordered spousal support is not paid, either because your ex refuses to pay or doesn’t have the means to pay it, you have a handful of options. First, you can try to contact your ex and find out what’s going on. There may be a logical reason for your ex’s failure to pay, such as the loss of a job or a sudden illness.
If you believe your ex-spouse is unable to pay for a valid reason, you might consider working out an agreement that can reduce or suspend your payments until he or she gets back to work. However, if you choose this route, make sure they know you’re willing to go to court if necessary.
You may also want to consider talking to an alimony attorney who can help draft a formal agreement – that way, all your bases are covered in the event that your ex’s circumstances go back to normal.
If informal negotiations fail, the next step is to take formal legal action to enforce the support order.
How to Collect Spousal Support Arrears
If your ex-spouse refuses to pay overdue spousal support, you have several strategies to help you recover what you are owed.
Here’s how each option can be used to enforce alimony payments:
1. Forensic Accounting
If they claim they cannot pay, you may consider hiring a forensic accountant. A forensic accountant specializes in analyzing financial records to find hidden income or assets that your ex might be trying to keep out of sight.
For example, they can identify undisclosed bank accounts, undeclared investments, or other financial resources that might not have been reported. By uncovering these hidden assets, you can provide proof that your ex does have the means to pay, strengthening your case in court.
2. Judgment Debtor Examination
A judgment debtor examination is a court-ordered process that requires your ex to appear in court and disclose their financial details under oath. During this examination, your ex must answer questions about their income, bank accounts, property, and other assets.
This process can help reveal any inconsistencies in their claims or uncover hidden sources of income, allowing the court to get a full picture of their financial capability. Essentially, it puts legal pressure on your ex to be transparent about their finances.
3. Social Media Evidence
Social media can be an unexpected but powerful tool when it comes to proving your ex-spouse’s financial situation. If your ex is posting about expensive vacations, luxury purchases, or a lavish lifestyle, it contradicts claims that they cannot afford spousal support.
Screenshots of these posts can be used as evidence in court to demonstrate that they have more disposable income than they are letting on. Many courts now consider social media evidence as a valid indicator of someone’s financial capacity.
4. Asset Freezing and Liens
Another effective way to enforce spousal support is to request that the court freeze non-essential assets owned by your ex until they fulfill their spousal support obligations. This means that your ex will not be able to sell or transfer these assets without addressing the arrears.
Additionally, you can ask the court to place a lien on their property or future income, which means that any time they try to sell the property or access certain earnings, you must be paid first. A priority lien ensures that your claim takes precedence over other creditors.
5. Surety Bonds
A surety bond can serve as insurance for your spousal support payments. You can ask the court to require them to purchase a surety bond, which guarantees that if they fail to make alimony payments, the bond will cover it. This option is especially useful if you believe your ex is at high risk of missing payments in the future or if they have already missed multiple payments.
The surety bond acts as a financial safety net, ensuring that payments are made even if your ex defaults.
6. Reimbursement from Third Parties
In some cases, they may try to hide income or assets by transferring them to another person, such as a new partner or a family member. If you can prove that these assets are being intentionally shielded to avoid paying spousal support, the court may allow you to seek reimbursement from the third party.
For example, if your ex is being financially supported by a new partner while hiding their own income to avoid paying alimony, you can ask the court to investigate. If the court finds that your ex is doing this on purpose, they may require the new partner to help pay the overdue support.
7. Negotiating a Lump-Sum Payment
If your ex-spouse is struggling to catch up on overdue payments, consider negotiating a lump-sum payment. In exchange for waiving part of the accrued interest or reducing the total amount owed, you could agree to accept a significant portion of the arrears upfront.
This solution can help you recover funds faster and provides your ex with an incentive to clear their debt and avoid additional interest or legal action.
8. Credit Reporting
Another effective strategy is to request that the court report unpaid spousal support to credit bureaus. This means that the overdue alimony will appear on your ex’s credit report, negatively impacting their credit score. A poor credit score can make it difficult for them to obtain loans, rent a property, or even secure certain jobs.
Often, the prospect of a damaged credit score is enough motivation for someone to start paying what they owe to avoid the negative consequences.
9. Qualified Domestic Relations Orders
In some cases, you can get a Qualified Domestic Relations Order, or QDRO. This type of order recognizes your right to receive benefits that are in someone else’s retirement plan.
The judge in your case can use a QDRO if your ex-spouse has a pension plan, 401(k), or another type of retirement plan.
Enforcing Alimony When Your Ex Lives in a Different State
If your ex-spouse has moved out of California, enforcing spousal support may become more challenging. Fortunately, there are legal tools that can help:
- Uniform Interstate Family Support Act (UIFSA): This act provides a standardized legal process for enforcing spousal support across state borders, ensuring that even if your ex relocates, their obligation remains.
- Registering the Support Order: You can register your California spousal support order in the state where your ex now resides. This enables the local courts to enforce the order using mechanisms like wage garnishment or property liens.
- Local Legal Assistance: Hiring an attorney in the state where your ex-spouse lives can expedite the enforcement process by navigating the local procedures effectively.
A Word on Contempt of Court for Failure to Pay Spousal Support
Contempt of court is often considered a judge’s last resort when enforcing a spousal support order. Typically, this happens only when all other methods have proven ineffective in getting your ex to comply with the support order.
Contempt proceedings are initiated by demonstrating to the court that your ex-spouse is willfully disobeying a valid court order. To pursue contempt, you and your attorney must provide solid evidence of non-payment and prove that your ex is deliberately ignoring the order.
How to Prove Contempt
Here’s how to establish contempt:
- Evidence of the Court Order: Show that there is a valid, enforceable spousal support order in place.
- Proof of Non-Payment: Present records showing missed payments, such as bank statements or wage assignment documents.
- Willful Disobedience: You must show that your ex-spouse is deliberately ignoring the court order. This may require evidence like employment records or social media posts that demonstrate their financial ability to pay but a refusal to do so.
If the court finds your ex in contempt, penalties could include fines, wage garnishment, or even jail time.
Need Help with Unpaid Alimony?
When your ex-spouse refuses or fails to pay court-ordered spousal support, there are legal avenues available to enforce compliance. Whether you need to file a motion for enforcement, establish contempt, or collect arrears, our experienced attorneys can help.
Contact us online to schedule your case evaluation with a Beverly Hills alimony attorney who can assist you in getting the support you deserve.
