Legally reviewed by Elliot S. Raimondo - Raimondo & Sundquist LLP

When a divorce is finalized, many people look forward to putting the legal process behind them and beginning the next chapter of their lives. Unfortunately, that does not always happen as smoothly as they hope. If your divorce judgment requires your former spouse to pay alimony, also known as spousal maintenance, you expect those payments to be made on time and in the amount ordered by the court. When they suddenly stop, arrive late, or are not made at all, it can create serious financial difficulties, especially if you rely on those payments to cover everyday living expenses. Fortunately, you do not have to simply accept the situation. Please continue reading and contact an experienced Buffalo divorce and family law attorney from Raimondo & Sundquist LLP to learn more about what you can do if your ex is not paying alimony. Here are some of the questions you may have:

What Happens if My Ex Stops Paying Alimony?

Simply put, if your former spouse is required to pay alimony under a court order or divorce judgment, he or she is generally expected to comply with that obligation. Failing to do so can have serious legal consequences, though the court will first want to understand why the payments stopped in the first place.

For example, your former spouse may claim that he or she experienced an unexpected job loss or another significant financial hardship. In other situations, however, a spouse may simply decide to stop making payments despite having the ability to continue doing so. Some situations that commonly lead to unpaid alimony are as follows:

  • A former spouse voluntarily stops making payments.
  • Payments become inconsistent or arrive late each month.
  • A spouse claims he or she can no longer afford the court-ordered amount.
  • One party believes the support obligation ended without seeking court approval.
  • There is a disagreement over the terms of the divorce judgment.

Typically, a court order remains enforceable until it is modified or terminated by the court. This means that your former spouse cannot simply decide to stop paying because his or her circumstances have changed or because he or she believes the payments are no longer necessary.

What Can the Court Do to Enforce Alimony?

Fortunately, New York courts have several options available to enforce spousal maintenance orders when a former spouse refuses to comply. The appropriate remedy will depend upon the facts of the case, the reason payments have stopped, and whether the failure to pay was willful. Depending on the circumstances, the court may:

  • Enter a judgment for unpaid alimony.
  • Require payment of past-due support.
  • Order income execution or wage garnishment.
  • Hold the non-paying spouse in contempt of court if appropriate.
  • Award other relief authorized under New York law

What Should I Do if My Former Spouse Is Not Paying?

If your former spouse has stopped making alimony payments, it is generally in your best interest to act sooner rather than later. Many people wait several months hoping the problem will resolve itself, only to find that the unpaid support continues to grow while their own financial situation becomes increasingly difficult. If you are dealing with unpaid alimony, you should try to take the following steps:

  • Keep records of every missed or late payment.
  • Save bank statements and any communications regarding support.
  • Review your divorce judgment or court order.
  • Avoid making informal agreements that change the payment terms without court approval.
  • Speak with an experienced New York divorce attorney as soon as possible.

The bottom line is that a court order is exactly that, an order. Your former spouse generally cannot ignore a valid spousal maintenance obligation simply because he or she no longer wishes to make payments. If circumstances have changed, the proper course of action is to ask the court for a modification, not to stop paying altogether.

If you have any further questions or would like to speak with a knowledgeable family lawyer about your case, please don’t hesitate to contact Raimondo & Sundquist LLP for an initial consultation today.