When referring to money paid to a former spouse, the term "alimony" has been replaced by "spousal support" in many states.If your ex- spouse stops making alimony payments, there are a number of ways he or she can be forced to make payments again.The general process is the same in all states.
Step 1: Why payment has stopped?
Try to find out why your ex- spouse stopped making payments.It's possible that your ex-spouse lost his or her job, was injured too sick to work, or spent a lot of money on medical care.If you know why the payments have stopped, you will know if you can expect your ex to resume payment as soon as possible.
Step 2: Determine if your ex- spouse is employed.
If your ex has a job, he or she should be able to keep making alimony payments.If he or she is not self-employed, you can try to get an earnings assignment from the employer.To find out if your ex- spouse lists an occupation or employer, look on websites such as LinkedIn or Facebook.It is possible to conduct a simple internet search of his or her name.You can find your ex's name on an employer website.
Step 3: It is possible to reach an agreement.
An ex- spouse may temporarily stop making payments due to uncontrollable circumstances, such as losing a job or a medical emergency.If you want to reduce or suspend the alimony payments, you can negotiate with your ex.You don't have to go to court if you want to make a new agreement, but make sure your ex- spouse understands that you will go if he or she does not make payments again.Make it in writing and signed by both parties if you make a new agreement.The agreement should be drafted by an attorney.If you don't come to an agreement, your ex- spouse is still responsible to pay the full amount of support unless she or he applies for temporary relief from the court.
Step 4: Proceed even if you can't reach you.
You can still file an action with the court if your ex- spouse is no longer with you.If you can show that you have tried and failed to locate your spouse, the court will allow you to give notice by publication.You can ask the court for a default judgment in your favor by publishing notice of the action in a local newspaper.If you can locate property belonging to your ex, the court may order that a lien or levy be placed on the property.To locate your ex- spouse, try: searching the phone book where he or she lives or used to live, asking his or her friends, relatives, landlords and former employers, and checking the records of your tax collector.
Step 5: Determine if the court ordered an earnings assignment.
Earnings assignments are a way to collect debts.In some states courts will suspend the earnings assignment if the ex- spouse continues to make alimony payments.The earnings assignment order can be restored if your ex- spouse stops making payments.You need to request an earnings assignment.You only need to file a Request For Order if the judge made an earnings assignment order that has been suspended.
Step 6: The forms should be completed.
If the court did not issue a suspended earnings assignment order before, you can request one by filing a few forms and attending a hearing.Different courts use different forms.The forms you need to make a request can be found in the court clerk's office.Expect to file an application for an earnings assignment and a blank proposed order for the judge to complete and sign.
Step 7: You should file and serve your paperwork.
You can file your paperwork at the court clerk.You may have to pay a fee.If you can't afford the fee, you should inquire about how to file an application for a fee waiver.You need to have someone over the age of 18 who is not involved in the case give the documents to the other party.
Step 8: There is a motion to enforce the support order.
Depending on your state, you may be able to seek a contempt or enforcement order if your ex- spouse refuses to pay alimony.The court is asked to enforce the support order by punishing the ex-spouse for failing to pay or by giving you property or other assets to satisfy the debt.Ask the court clerk for the appropriate forms, which should include a contempt motion or contempt for disobedience of an order for alimony form.You should list the dates of missed payments.The court can impose fines or jail time on your ex- spouse if they refuse to continue making payments.If your ex-spouse fails to make alimony payments, you can request permission from the court to take some assets as payment, or force them to sell some property and pay you with the proceeds.A qualified domestic relations order may be issued by the court.You might be able to get alimony out of your ex- spouse's retirement plans if you get an order.
Step 9: Ask about past due money.
Asking for arrears means requesting that the court calculate how much money your ex- spouse owes you and order that he or she pay you that amount.If you want the court to calculate and order payment of the arrears, you need the proper forms.The forms should include a Request For Order, Application to Determine Arrearages, and a Declaration of Payment History.The court can order your ex- spouse to make an additional payment each month.Each missed payment is subject to annual interest which can grow.The legal interest rate in California is 10%.
Step 10: If child support is involved, you should contact your local agency.
Contact your local child support agency if your ex- spouse owes you more than alimony.The agency will help enforce the support orders.The agency will not get involved in your case if there is no child support order.If you want to put pressure on your ex- spouse, the agency can help you by asking the court to: Suspend a driver's license or passport; Levy a bank account; or issue a "seek work order."
Step 11: The clerk can give you a hearing date.
After youTrademarkiaTrademarkia, the court clerk will give you a hearing dateYou can receive your hearing date by mail after the court has processed your filing.Depending on the impact of your court system, your hearing may occur within weeks or months.
Step 12: Take your evidence and put it together.
The amount of support your ex- spouse has failed to pay should be calculated and documented.You can show that no alimony has been deposited into the account by printing the bank statements.You should bring copies of any letters or other communication you have had with your ex or spouse.For the judge and your ex- spouse, make copies of your evidence and assemble them in binders for reference.Your ex spouse still owes you money, so you need to show how you calculated the interest and the amount of money that was not paid during each pay period.
Step 13: Attend the hearing.
If you are representing yourself without an attorney, you should be prepared to show the judge the evidence you have prepared.You will present your case first if you are the party requesting the order.Your ex- spouse has a chance to respond.You may be questioned as a witness by your ex- spouse or attorney.If you are asked to be a witness, answer the questions respectfully.
Step 14: Follow along.
What happens next depends on the type of relief you requested and the court orders.If the court makes an earnings assignment order, you will need to serve it on your ex- spouse and your employer.You will need to file a lien with the county recorder's office if the court authorizes one.In most cases, the court won't collect the debt for you, so you have to enforce your rights.