Spousal support, also known as alimony, is crucial to many divorce settlements. It helps the lower-earning spouse maintain a similar standard of living post-divorce. However, problems can arise when an ex-spouse fails to pay the court-ordered spousal support.
If you find yourself in this situation, understanding the steps to enforce spousal support and the legal remedies available can help you find the best way to rectify the issue.
How Spousal Support Is Paid Out in California
In California, spousal support payments are often facilitated through an earnings assignment order, typically issued alongside the court's order for spousal support. This order instructs the paying spouse's employer to withhold a specified amount directly from their paycheck. This process ensures that payments are made consistently and on time.
If the paying spouse must also pay child support, the employer will deduct that amount first, with spousal support thereafter. The withheld funds are then sent directly to the recipient.
In cases where the paying spouse is self-employed or lacks a traditional employer, the court may mandate that they make payments directly to the recipient rather than through payroll deductions. This structured approach aims to provide financial stability to the receiving spouse following a divorce.
The Challenges of Non-Payment
When a former spouse stops or fails to pay court-ordered spousal support, it can create significant financial strain and emotional distress for the receiving spouse. This disruption can affect their ability to meet essential living expenses, but it's important to know that there are steps you can take, including pursuing enforcement.
Steps to take if your ex-spouse is not paying court-ordered support:
- Review the court order: The first step is to review the current spousal support order issued by the court carefully. Ensure you understand the terms, including the payment amount and schedule.
- Communicate with your ex-spouse when appropriate: Sometimes, non-payment can result from a misunderstanding or temporary financial difficulties. Contact your ex-spouse to discuss the missed payments. Keep a record of all communications; this can be useful if you need to take legal action later.
- Document missed payments: Keep detailed records of all missed payments, including dates and amounts. This documentation will be important evidence when you seek enforcement through legal channels.
- Seek legal assistance: Enforcing a spousal support order can be complex and stressful. Hiring an experienced family law attorney, like ours, at The Law Office of David A. Martin & Associates, can be a significant help.
Legal Remedies & Enforcement Mechanisms Available
Several legal remedies and enforcement mechanisms are available if your ex-spouse continues to ignore the spousal support order.
These may include:
- Wage garnishment
- Liens on property
- Bank account seizure
- Suspension of licenses
- Tax refund interception
- Contempt of court
Alternative to Enforcement: Modification
In some cases, instead of pursuing enforcement, it may be more beneficial to seek a modification of the spousal support order. Modifications can be requested if there has been a significant change in circumstances, such as a job loss or a change in income. This process allows for adjustments to the support amount or duration, helping the paying spouse manage their financial responsibilities more effectively.
The Importance of Consulting an Attorney
While it is not legally required to consult with an attorney before pursuing enforcement action for non-payment of spousal support, doing so can provide numerous advantages that significantly enhance your case. An experienced family law attorney, like ours at The Law Office of David A. Martin & Associates, can help you understand your rights and what to expect from filing a petition for enforcement. If you need help with non-payment of spousal support, contact our firm to discuss your options.
