What if My Former Spouse Fails to Pay Court-Ordered Alimony?

 Posted on July 22,2020 in Maintenance

Many divorce settlements include terms for spousal support, where one former spouse provides financial support to the other until they can fully support themselves. Spousal support, also known as alimony or spousal maintenance, can be made in regular payments or a lump sum. The terms, either agreed to in mediation or ordered by a judge, are legally binding. There are a few ways that a court will enforce a failure to adhere to your alimony payment schedule. If your ex falls behind on spousal maintenance payments, contact a divorce attorney before acting.

Enforcing Court-Ordered Spousal Support

Before bringing your case to court, you should try to communicate with your ex-spouse to find out if there are any circumstances preventing him or her from making payments. Common reasons include the recent loss of a job, illness, and injury. If your former spouse is willing to cooperate, you can form an agreement until he or she is capable of catching up with the payments. For instance, you both could suspend alimony payments until the paying-spouse returns to work. You should have an attorney draft this agreement. Informal contracts can lead to misunderstandings and difficulties in court if you need to opt for that route.

If your ex-spouse refuses to make support payments or fails to adhere to any new agreement you made due to his or her income reduction, you can take the issue to court. Failure to follow a court order means the court will hold the offender in “contempt.” In this case, you would file a motion for enforcement or contempt of court. To ensure that you eventually receive your support payments, a judge may garnish your former spouse’s wages, bank accounts, or tax returns. You may also explore alternatives like increasing the duration of support or adding interest to future payments. Continuous non-compliance could result in misdemeanor or felony charges. Courts issue significant fines and jail time for these offenses.

Under Illinois law, multiple offenses for wilfully not providing support payments for over six months, leaving the state to try to evade payment obligations, or not making payments for over one year can warrant a felony charge and possible jail sentence.

Contact an Arlington Heights, IL Spousal Maintenance Lawyer

Enforcing the terms of your divorce should be a priority. If your ex-spouse willfully breaks any of the binding terms set during divorce mediation or a court proceeding, work with an Arlington Heights, IL divorce attorney who will aggressively defend your rights. To schedule your first session with A. Traub & Associates, call us today at 847-749-4182.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm