After the finalization of a divorce, it’s normal for a newly single individual to feel relieved and excited to start afresh. However, moving on can become more difficult if their ex-spouse fails to uphold their alimony obligation. If you find yourself in this unfortunate situation where your ex-spouse refuses to pay or is behind on their alimony payments. In that case, it’s in your best interest to enlist the help of a trusted Nassau County Alimony Lawyer who can help you protect your rights. Please continue reading to learn the potential consequences of failing to pay court-ordered alimony in New York.
When is Alimony Awarded?
When divorcing, it’s crucial to understand that alimony isn’t automatically awarded. If you and your ex-spouse are employed and have comparable incomes, the court will unlikely see the need for this type of financial support. Alimony, or spousal support or maintenance, is typically reserved for divorces where one spouse has a significantly higher income or earning potential. The court only awards alimony when there’s an unfair financial discrepancy between parties.
What Should I Do if My Ex-spouse Won’t Pay Alimony?
It’s crucial to understand that it must be paid once the court orders alimony. If an alimony obligation is not fulfilled, you have options. You can file a petition with the court to enforce the order. The court can take various measures to ensure you receive the financial support you’re entitled to. One of the most common ways courts enforce alimony orders is through wage garnishment. Essentially, the court will order your ex-spouse’s employer to deduct a portion of their paycheck to cover what they owe you in unpaid alimony. Alongside income withholding, the court can also issue a Writ of Execution. This order allows the property of your ex-spouse to be seized and sold. The proceeds are then used to pay the past-due alimony.
Furthermore, the court can hold your ex-spouse in contempt of court for failing to provide alimony. If the judge chooses this punishment for not paying alimony, your ex-spouse could face fines, pay your legal fees, face jail time, and face other sanctions. Sometimes, the court may even find it appropriate to intercept your ex-spouse’s federal and state tax refunds or suspend their driver’s license until they’ve fulfilled their alimony obligations.
As you can see, your ex-spouse can face several consequences for failing to pay alimony. If you find yourself in this situation, please don’t hesitate to contact an experienced Nassau County alimony lawyer from the Law Offices of Eyal Talassazan, P.C., who can help you safeguard your rights and interests.
