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Do I have to wait to collect alimony in arrears if ex is still paying some amount?

My ex lost his job in 2008. He has payed some money towards alimony every month and has recently obtained a source of income which may bring him back to decreed amount at some point. The amount of arrears has reached several thousand dollars (18,000) and I put most of my bills on credit cards over the last few months. He wants to add the deficit to the end of the alimony term. I want to collect more of it now because I can't afford the credit card payments.
I realize it's not up to him to set terms, but after 18 months of a grueling divorce, and declining financial and health issues, I want a clear incentive for going back to court.

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Attorney answers (1)

Reputation Level 14
You should go back now and get an order or judgment establishing what he owes you WITH interest, and then get an income deduction order, basically a garnishment of wages, for an amount monthly. This part, the contempt enforcement, will be easier that the divorce, and your lawyer is likely to get fees paid by your ex because he did not do what he was supposed to. Or you can file your own contempt motion.

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