What Happens If My Ex Stops Paying Spousal Maintenance?

Spousal support, also known as alimony, provides essential financial stability after a divorce. When these court-ordered payments stop, it can cause significant stress and hardship. A failure to pay is a direct violation of a court order. If your ex-spouse has stopped making their required spousal maintenance payments in Ohio, you have legal options. The VanNoy Firm is experienced in family law and can help you enforce the court’s decision to ensure you receive the support you are owed.

Here’s what can be expected if your ex stops paying spousal support:

• Contempt of Court: Failure to pay spousal support is a violation of a court order, which may result in the paying party being held in contempt of court.
• Legal Enforcement Actions: The court may enforce payment through wage garnishment, asset seizure or placing liens on property.
• Potential Penalties: Penalties for non-payment can include fines, additional legal fees or even jail time in severe cases.
• Modification Requests: If the payer’s circumstances have changed, they can petition the court to modify the support order rather than stop payments altogether.
• Legal Assistance: Seeking experienced legal representation can help you take the necessary steps to ensure compliance with the court order.

What Should I Do Immediately?

If you have stopped receiving your spousal support payments, it’s important to take organized, immediate steps to prepare for enforcement action.

• Review the Alimony Order: First, carefully read through your spousal support order. Confirm the payment amounts, due dates and any conditions that might affect the payments, such as the end date of the support or other terminating events.
• Collect Evidence of Non-Payment: Documentation is crucial. Keep a detailed record of all payments you have received and highlight any missed or partial payments. Collect any relevant communications with your ex-spouse, such as texts or emails, where they discuss their refusal or inability to pay.

What Legal Actions Can I Take?

In Ohio, you have several legal remedies available to enforce a spousal support order. An attorney can help you determine the best course of action for your specific situation.

One initial option is to consider working out an agreement directly with your ex-spouse, especially if they have a valid reason for non-payment, like a job loss. However, if an agreement isn’t possible or appropriate, you will need to involve the court. By filing a petition, you can ask a judge to hold your ex-spouse in contempt of court for violating the order.

If the court finds your ex in contempt, it can enforce the order in several ways:

• Wage Garnishment: The court can order your ex-spouse’s employer to withhold the support amount directly from their paycheck.
• Intercepting Tax Refunds: State and federal tax refunds can be intercepted to cover past-due support.
• Placing a Lien on Property: A lien can be placed on your ex’s property, such as a house or car, preventing it from being sold or refinanced until the debt is paid.
• Seizing Assets: In some cases, the court may order the seizure of bank accounts or other assets to satisfy the unpaid amount.
• Suspending Licenses: The court has the authority to suspend driver’s licenses, professional licenses or even recreational licenses.
• Accruing Interest: Unpaid spousal support can accumulate interest, increasing the total amount your ex-spouse owes.
• Requesting Attorney’s Fees: The court may order your ex-spouse to pay for the legal fees you incurred to enforce the support order.

Why Should I Act Quickly?

When it comes to enforcing spousal support, time is of the essence. Many of these legal remedies are time-sensitive, and delaying action can make it more difficult to collect what you are owed. Continued non-payment can lead to significant financial strain, and addressing the issue promptly is the best way to protect your financial well-being.

Who Can Help Me Enforce the Order?

Navigating the legal system to enforce a spousal support order can be complex. Consulting with an experienced Ohio alimony attorney is the most effective way to protect your rights. A lawyer can handle the legal details, from filing the correct motions to representing you in court, ensuring all procedures are followed correctly. Having professional legal representation removes the burden from your shoulders and significantly increases the likelihood of a successful outcome.

Safeguard Your Financial Needs After a Divorce

Relying on spousal maintenance for your financial security only to have it stop can be a frustrating and destabilizing experience. Remember, a spousal support order is legally binding, and Ohio law provides powerful tools to enforce it. You do not have to face this challenge alone.

If you are not receiving the spousal support you were awarded, contact The VanNoy Firm today. Our dedicated family law attorneys will help you understand your options and take decisive action to secure the payments you deserve.