What Are the Consequences of Not Making Alimony Payments?
Alimony (also called spousal support) requires one spouse to pay a certain sum of money to their ex-spouse each month after a divorce or separation. Since alimony is determined by a court order, you must make alimony payments until a court orders you to stop.
What Happens If You Stop Paying Alimony?
If you stop making alimony payments (regardless of the reason), you could face civil or criminal charges for contempt of court. Contempt of court means that you violated (disobeyed) a court order.
The specific consequences of failing to pay spousal support depend on where you live. In some jurisdictions, you might receive a fine. In others, you might run the risk of a jail sentence.
If your spouse or ex-spouse files a written request asking the court to enforce the alimony order, you'll receive a notice of the motion along with a summons to appear at an enforcement hearing.
At that time, you’ll have to take steps to pay what you owe. The court might give you extra time to pay or establish a new payment plan. If you default again, however, you might face stiffer penalties.
Possible payment plans might include increasing your monthly payment to satisfy the arrears (past payments) or adding an extra payment every month. Each court has a variety of options available to it, so it's impossible to know what you'll face until you go before a judge.
What If You Can't Afford Your Alimony Payments?
Job loss, pay reductions, and other unexpected life events can interfere with your ability to pay alimony. If you can't afford to pay spousal support, you should ask the court to modify (change) spousal support. You can't just stop paying however, you will need to file a written motion (request) for spousal support modification. The court will then consider your personal circumstances.
Be prepared to prove to a judge that your circumstances have changed so much that you can't fulfill the court's order. For instance, if you lost your job, bring your termination letter to the hearing.
You can also bring pay stubs, tax documents, and bank account records. The more evidence you present to the court, the better your chances that the judge will grant your request.
If you know in advance that you'll miss an alimony payment, inform the court as well as your ex-spouse immediately. You might also want to hire an attorney to help you resolve the matter.
When Does Alimony End?
If your ex's financial circumstances improve over time, you might be able to ask the court to end alimony. But first you'll need to check your alimony agreement or court order to see if it says anything about termination. Sometimes permanent or long-term alimony is non-modifiable, meaning neither spouse can change it up or down. If your support agreement or court order is silent on this topic, or if it says that alimony is modifiable, then you can ask the court to reduce it or end it if your ex is making more money or there is some other reason to stop payments.
For example, in many states if your ex remarries, alimony payments must end. Or if you ex has started making a certain amount of income, then you may no longer owe monthly payments. In some cases, alimony payments are set to automatically end after a period of time or on a certain date in the future. After that time passes, you can stop paying spousal support in line with the court's order.
How Can You Change or Terminate an Alimony Order?
If you believe that you shouldn't or can't pay spousal support any longer, or if you want to reduce the amount you pay, you'll need to hire an attorney and ask the court for help.
Spousal support is an important function of the court system. When you and your significant other separate or divorce, the court attempts to keep both parties on fair ground. However, failing to meet your obligations could result in serious consequences.
If you have questions, speak to a local family law attorney for advice.