Article written by The million dollar portfolio
It can be stressful when your former spouse does not pay their alimony. In this case your first action should be to return to divorce or family court. It is important that you show your lawyer that your spouse has not made his/her payments or has made partial or late payments.
If your spouse continues to miss payments most often a judge will place a charge of contempt and a case stating that your spouse failed to obey his/her first judge’s orders.
Non-payment of spousal support – The judge will most often ask your former spouse to pay the alimony as well as the court costs. In this case, most former spouses obey the orders since they can face fines and incarceration if disobeyed.
Other ways to collect unpaid alimony – Other ways to collect your alimony are mediation, a lawsuit in small claims court or a higher court.
If your choose mediation, you will need to hire a certified mediator. In this case it is also advisable to have your lawyer present. Mediation involves both parties sitting down with the mediator.
If your choose a small claims or a higher court, you will need to place a lawsuit for debt collection. You will then be given a court date, at which you should state that you are owed a certain amount of money from your former spouse. Your former spouse will then be asked if they wish to take the case to trial. If he/she says yes, then a second court date will be scheduled and this will be the trial where both parties will need to give evidence.