During divorce proceedings alimony may be awarded to the spouse that is leaving the marriage with significantly less earnings, ability to earn or any financial disadvantage to where alimony support is required. The overall goal of alimony is to balance the financial situation and to provide financial stability.
Alimony is established by an order of the court so if the former spouse providing the alimony ceases to do so they are in breach of a court order. There are repercussions for this action.
If you are the spouse providing the alimony and you cannot afford the payments due to illness or drop in income it is very important to notify your attorney so that they may help you request a modification. Simply stopping payment is not a good method.
If your spouse has stopped payments, you can request a motion to the court. This motion notifies the court that you are not receiving payment and that they should take steps to ensure that the payments continue. The court may decide on wage garnishment. Every state has different rules and methods regarding wage garnishment so it is important that you discuss this with your attorney. They are specifically trained for the state in which you live.
Contempt of Court
If your spouse stops alimony payments and does not respond to communications about alimony payment they may be ordered to attend a contempt of court hearing. At this hearing it is important that you have any and all proof that you did not receive alimony payment or if in the case your received less money than you were supposed to, you need to prove that as well.
A good family attorney can guide you through these steps and help you avoid pitfalls and mistakes that many make along the way. Having a knowledgeable and effective attorney is worth its weight in gold.
Contact us today if you live in Brevard County and require the help of a professional divorce attorney.