Going through a divorce is challenging enough, but when your ex-spouse fails to uphold their legal obligations, such as paying spousal maintenance, the situation can become even more frustrating. Spousal maintenance, previously referred to as alimony, is a crucial part of many divorce agreements. It ensures financial stability for the receiving party, especially if there is a significant disparity in income or earning potential. But what should you do when those payments don’t arrive? Read this blog and reach out to a seasoned Rochester divorce lawyer from Lacy Katzen LLP to learn about what you can do if your ex refuses to pay spousal maintenance.
Why Is Spousal Maintenance Important?
Spousal maintenance serves an essential purpose. It helps the lower-earning or non-earning spouse maintain a standard of living similar to what they experienced during the marriage. This support can be temporary, lasting until the receiving spouse becomes self-sufficient, or permanent, depending on the circumstances of the divorce. When these payments are missed, the financial strain can disrupt your ability to meet basic needs, such as housing, utilities, or childcare.
If your ex isn’t paying the agreed-upon maintenance, it’s not just a breach of trust—it is a violation of a court order. New York courts take non-payment of spousal maintenance seriously, and you have options to address the issue.
What Can I Do If My Ex Misses Payments?
If spousal maintenance payments stop, it is essential to act quickly. First, gather documentation. Keep a record of missed payments, as well as any communication you’ve had with your ex about the issue. Having a clear paper trail can strengthen your case when you bring the matter to court.
Next, consider contacting your attorney. They can guide you through the legal steps necessary to enforce the spousal maintenance order. In New York, there are several remedies available:
- Filing a Violation Petition: You can file a petition with the court to hold your ex in contempt for failing to comply with the spousal maintenance order. The court may require them to pay the arrears (missed payments) and could impose penalties for non-compliance.
- Income Deduction Orders: If your ex is employed, the court can issue an income deduction order, which directs their employer to withhold spousal maintenance directly from their paycheck.
- Seizure of Assets: In cases where arrears accumulate significantly, the court may authorize the seizure of your ex’s assets, such as bank accounts or tax refunds.
What Are the Potential Consequences for My Ex?
The consequences for failing to pay spousal maintenance can be severe. Courts prioritize compliance with support orders, and your ex may face escalating penalties for continued non-payment. These consequences can include:
- Fines: Non-compliance may result in monetary fines.
- Suspension of Licenses: The court can suspend your ex’s driver’s license or professional licenses.
- Imprisonment: In extreme cases, judges may sentence non-compliant individuals to jail for contempt of court.
It’s worth noting that courts often give individuals a chance to make good on their obligations before imposing severe penalties. However, the longer the arrears go unpaid, the harsher the consequences can become.
