Alimony is a term for spousal support that occurs after a divorce or separation. It requires one spouse to pay an agreed-upon amount of money to the ex-spouse every month, as stipulated by a court order.

When you stop paying alimony, you may find yourself charged with contempt of court, meaning that a court order has been violated.

What does this mean, specifically? There are a variety of factors that can influence the consequences, including where you live. Some states might take away your driver’s license, fine you, or even jail you.

Once the courts get involved, it becomes necessary to make payments on what you owe. You may be able to request more time or a payment plan, but defaulting will incur steep penalties.

Why Courts Award Alimony

According to alimony attorney Jason G. Smith, the primary function of alimony or spousal support is to offset any financial imbalance that can occur after a separation or divorce.

For example, one spouse may have given up a good career in order to help raise a family. That spouse will need some time to reintegrate into the workforce and restore their skills. Another claim to alimony is to support the standard of living that each spouse has grown accustomed to.

In short, alimony helps reduce the shock that a change in lifestyle can bring.

Recourse for Default on Alimony

Life can be unexpected, and sometimes people are unable to keep up with Alimony Payments. Events like losing a job, a sudden illness or accident, and more can affect the alimony process.

If your spouse fails to keep up with court-ordered alimony payments, or if you are struggling to keep up with alimony payments, there are many resources that can help you get back on track.

Failure to pay alimony can result in:

• Contempt – In some states, like New Jersey, failure to obey a court order to pay alimony can be punished by holding the ex-spouse in contempt. This likely results in an order to pay any overdue support along with a possible additional fine. Continuing to disobey the order may result in jail time.
• Withheld income – An income withholding order stipulates that alimony payment be taken directly from the payor spouse’s paycheck. This arrangement means that neither spouse needs to take any action, and it guarantees alimony. Withholding income will not work for self-employed or unemployed payor spouses.
• Writ of execution – Defaulting on alimony payments can result in a judge awarding the payee spouse a portion of the payor spouse’s bank accounts, financial investments, and any assets.
• Money judgment – Alimony that has stacked up can be resolved with a money judgment against the payor spouse for the total amount owed plus interest. Attorneys’ fees may also be reimbursed.

If your ex-spouse owes a significant amount of alimony and refuses to pay, you should reach out to a family law lawyer in order to file legal action. Your attorney can help you get a court judgment and help enforce alimony.

Failure to Pay Alimony can result in legal orders and fines, even if you move to another state. It’s essential to avoid large fines, docked wages, and even jail time by seeing the advice of an experienced alimony attorney.

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