What Steps Should I Take If My Ex-Spouse Is Not Paying Alimony?

If an ex spouse is not paying alimony (or “spousal maintenance” as it’s known here in Texas), it can create some serious hardship for your family. Talk to a family attorney in Houston right away about taking the following steps to get the resources you need.

From a Family Attorney in Houston: What Steps Should I Take If My Ex-Spouse Is Not Paying Alimony?

The first step is to double-check your court orders, including the amount and payment schedule, and especially to double-check the duration of the spousal maintenance that was set by the court. Assuming that the spousal maintenance has not run out, you would take the following steps:

1. Communicate with Your Ex-Spouse

Before escalating the situation, attempt direct communication with your ex-spouse. Non-payment could be due to anything from a simple misunderstanding to a lost check in the mail, temporary financial hardship, or logistical issues.

Initiate a calm and respectful conversation to understand their perspective and remind them of their legal obligations. If possible, propose a temporary arrangement or payment plan to address any immediate concerns. Effective communication can sometimes resolve issues without the need for legal intervention.

2. Document Non-Payment Incidents

Keep detailed records of any missed alimony payments is essential when pursuing enforcement. Document each missed payment, including the due date, the amount owed, and any communication or attempts to resolve the issue that you made. Keep records of any financial hardships you experience as a result of the non-payment, too, as this will demonstrate the impact of the missed payments on your ability to meet your reasonable needs.

3. Get Legal Advice

If you determine that it’s not a misunderstanding or something else simple, and if a polite request to your spouse doesn’t get an immediate response, it’s a good idea to talk with a family attorney in Houston right away. Your attorney will be able to give you advice based on the specifics of your situation and will also help you understand the various remedies available to you under the law and advise you on the best way to resolve the issue.

4. Evaluate the Impact on Your Financial Situation

Assess your budget and financial needs to determine the impact of missed payments on your ability to meet your expenses. This assessment can help you communicate the urgency of the situation to the court and your attorney. It might also be helpful if you need to explore alternative financial resources or adjustments to your budget to manage any shortfalls.

5. File a Motion for Enforcement

If informal efforts to resolve the non-payment issue fail, you may need to file a motion for enforcement with the court that issued the original alimony order. This motion requests the court to enforce the terms of the alimony order and compel your ex-spouse to pay the overdue amounts. The court will review your motion and schedule a hearing where both parties can present their arguments.

6. Prepare for the Court Hearing

Work with your attorney to gather all necessary evidence and develop a compelling argument for why the court should enforce the alimony order. Be prepared to explain the impact of non-payment on your ability to meet your needs and the efforts you have made to resolve the issue amicably. Your attorney will help you anticipate potential defenses from your ex-spouse and develop strategies to counter them effectively.

7. Attend the Enforcement Hearing

At the enforcement hearing, both you and your ex-spouse will have the opportunity to present your cases. The judge will review the evidence, hear testimony, and make a determination based on the facts presented to the court, so you want to remain calm and respectful throughout the hearing, regardless of the arguments made by your ex-spouse.

Your attorney will advocate on your behalf and emphasize the importance of following the court-ordered alimony obligations. The judge may order your ex-spouse to pay the overdue amounts, modify the payment schedule, or impose penalties on them for non-compliance.

8. Explore Contempt of Court Remedies

If your ex-spouse continues to ignore the alimony order after the court has enforced it, you may need to pursue contempt of court remedies. Contempt of court basically says they have disobeyed a court order, and it comes with fines or even jail time in some cases.

To initiate contempt proceedings, your lawyer will file a motion for contempt with the court explaining the continued non-compliance and providing evidence of the missed payments. The court will schedule another hearing to determine whether your ex-spouse is in contempt and decide on appropriate penalties. Some penalties that may be used include:

Garnishing Wages and Other Income

The court can order your ex-spouse’s employer to withhold a portion of their wages and send it directly to you. Other sources of income, such as bonuses, commissions, and retirement benefits, can also be garnished to satisfy alimony obligations. Your attorney can help you request the court to do this if your ex-spouse refuses to follow the court orders.

Placing a Lien on Property

Another enforcement option is placing a lien on your ex-spouse’s property. A lien is a legal claim against property that must be satisfied before the property can be sold or refinanced. In Texas, you can request the court to place a lien on real estate, vehicles, or other valuable assets owned by your ex-spouse. This lien can compel your ex-spouse to pay the overdue alimony to remove the encumbrance on their property.

Intercepting Tax Refunds

If your ex-spouse is due to receive a federal or state tax refund, you may be able to intercept these funds to satisfy unpaid alimony. This process requires a court order and coordination with the appropriate government agencies. Once approved, the intercepted funds will be applied to the outstanding alimony balance.

Seizing Bank Accounts

In some cases, the court may seize funds from your ex-spouse’s bank accounts. This process, known as bank account garnishment or levy, requires a court order. Your attorney can assist you in filing the necessary paperwork to garnish your ex-spouse’s bank accounts if the court allows this remedy. This method can be particularly effective if your ex-spouse has significant funds available but is unwilling to make the required alimony payments.

9. Modify the Alimony Order

If your ex-spouse’s financial circumstances have genuinely changed, it may be necessary to modify the alimony order. Both parties can request a modification from the court, which will then consider the current financial situation and determine whether an adjustment is warranted. While this process does not address past due payments, it can help ensure that future payments are more manageable and realistic for your ex-spouse and thus that you are more likely to be paid.

10. Seek Support from Enforcement Agencies

In Texas, the Office of the Attorney General (OAG) offers enforcement services for spousal maintenance orders. The OAG can assist you in locating your ex-spouse, enforcing wage garnishments, and intercepting tax refunds to collect unpaid alimony. While these services are more commonly used for child support enforcement, they can also be applicable to spousal maintenance cases. Your lawyer can help you to contact the OAG and get their help.

Having a skilled lawyer on your side is the most important factor in these cases. The first step to take is to contact us at C.E. Schmidt & Associates, PLLC for a consultation.