We understand how stressful and frustrating it can be when your ex-spouse stops paying court-ordered alimony. Alimony is not a gift; it's a legal obligation, and when those payments suddenly stop, it can seriously disrupt your life and financial stability.
If you’re facing this situation, you’re not alone, and you have options. Here's what you need to know and do next.
- Review Your Divorce Decree
Start by reviewing your divorce order, such as a Consent Final Judgement or Marital Settlement Agreement. This document will detail the amount of alimony awarded, the payment schedule, the duration of support, and any conditions that could modify or terminate payments.
Seek advice from an experienced divorce attorney to ensure your ex-spouse is in violation of the court order. Occasionally, there may be clauses that allow for modifications under specific conditions, such as remarriage. If you believe that you should still be receiving alimony payments, it is imperative to take action. However, each divorce decree is going to be unique to the parties and should be evaluated by an attorney.
- Document Missed Payments
Maintain a clear and detailed record of every missed, partial, or late payment. Note the date, amount due, amount received (if any), and any communication from your ex-spouse regarding the missed payments. This documentation will be critical if you need to go to court to show the judge that your ex-spouse is in contempt of your court order.
- Don’t Wait Too Long
While it may be tempting to give your ex-spouse time to “catch up,” waiting too long could harm your chances of collecting what you’re owed. Florida courts generally expect timely enforcement actions when a party isn’t following court orders.
- Contact an Experienced Family Law Attorney
An experienced family law attorney can help you evaluate your options and determine the best course of action. If your ex-spouse has stopped paying alimony payments that are due to you, they are in violation of the Divorce Decree, and you can take legal steps to enforce the obligation and recover unpaid amounts through a Motion for Contempt and/or Enforcement. This will require a hearing in front of the judge and provide proof of nonpayment, late, or partial payments. The judge may hold your ex-spouse in contempt and order them to pay arrearages to you. There can be other repercussions for the non-paying spouse such as paying for your attorney's fees, wage garnishment, or license suspension.
You’ve worked hard to build a new life after divorce. Don’t let a non-paying ex-spouse jeopardize your financial future. At Florida Women’s Law Group, we focus exclusively on supporting women through complex divorce and family law issues. Call us at 904-900-2419 or schedule a call here to take the first step toward securing the future you deserve.
