What to Do If Your Ex Stopped Paying Alimony
If your ex-spouse fails to pay the ordered amount for alimony then they may be held in contempt of court. It is recommended to first determine why your ex-spouse has stopped paying the alimony and then contact an attorney to help file the legal documents needed to go to court.
In a divorce proceeding, one of the parties may include in the petition or complaint a general prayer for the award of alimony by the other spouse. The court will look at the attending factual circumstances of each case and will base its decision therein. Once alimony is awarded to the right party, the husband or wife who was ordered to pay needs to continue doing it until the court that promulgated the same takes the said liability.
If you have successfully obtained a final decree of divorce, have been granted the right to receive alimony from your ex-spouse and the latter fails to pay the ordered amount, your ex may be held in contempt of court. Once it is evident that your ex-wife or ex-husband deliberately ignores his or her obligation to pay for alimony, the first thing that you need to do is to get in touch with a lawyer. Inquire about the legal remedies that you may avail of for the protection of your rights and interests. The lawyer will be able to prepare all the necessary documents that should be filed in court.
Nonetheless, it is imperative that you determine first why your ex-spouse has stopped paying the alimony. Ask your ex-partner why they failed in complying with the court order. There may be instances when he/she lost their job or their business went bankrupt. Take these into consideration before taking a legal step. If the cause of the non-compliance with the obligation is voluntary on their part, then maybe filing for an action before the court could be the proper thing to do. If you choose to avail of a judicial remedy, hire the services of a lawyer.
When the other party is willing to enter into a compromise agreement, the decision as to whether or not it will be taken depends on you. If you are willing to settle for the payment of alimony, always remember to consult first with a lawyer from a good divorce attorney. The right to receive support is a statutory right and may be waived provided it is not contrary to law, morals, good customs and public policy. Again, before you do so, ask for a sound legal advice first.
Make sure that when it comes to disputes concerning alimonies, you must never get your children involved. Do not inform them of the incompetency of their father or mother. Take note that it may have a negative effect on their relationship with your ex-spouse that may affect their views and characteristics as they grow up. As much as possible, keep everything civil between you and your ex especially when you are in front of your children.
References: Spouse Refuses to Pay Alimony
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