What to do about non-payment of court ordered alimony?
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What to do about non-payment of court ordered alimony?
My ex-husband was ordered to pay me $650 month by the 15th of each month. It was ordered to start almost 4 1/2 years ago. After years of not paying anything, he has paid maybe $450/ month for almost a year; it’s still $200 less than ordered by the judge. He makes well over $80,000/ year. He’s remarried, no minor children together or with any other partner. He now has sent a court
suit to terminate the alimony. I only work part-time and make about $225/
month. I added the amount owed so far and it’s almost $30,000 he owes me. I
went to my lawyer that I’d gone to when we divorced but I can’t afford her. Is there anyway I can get the court to at least get the back pay?
Asked on March 18, 2016 under Family Law, Alabama
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You can have your ex-husband held in contempt of court for failure to pay the amount of alimony the court ordered.
You would file an Order to Show Cause (court form), and request a hearing date from the court clerk. You should also file a declaration signed under penalty of perjury stating the facts in support of contempt of court against your ex-husband. In addition, you should include any documents or canceled checks as evidence that he has failed to pay the required amount.
It would also be advisable to ask the court clerk for appropriate court forms you need to file for contempt of court as the required documents may vary from state to state.
You file your documents with the court with a proof of service attached and mail a copy of what you have filed to your ex-husband so that he has notice of the hearing.
Contempt of court may result in financial penalties and/ or incarceration.
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