Answer:

I had a consultation last week where one of my prior clients was awarded alimony in their divorce trial and she came back to me because her ex-husband was not paying what he was ordered to pay. In that circumstance, we would have to file a motion for contempt to have our judge go back and enforce the prior order. Our judges will always enforce what they previously ordered. It’s just a matter of how that enforcement comes. He may be ordered to enter into a repayment schedule with you over a certain period of time. He may be ordered, if he’s able to, a lump sum reimburse you for what he is behind. He may also eventually be incarcerated if he refuses to pay, doesn’t come to court, or doesn’t cooperate with us. If he doesn’t have the evidence to back that up and won’t cooperate with us, he may eventually be incarcerated for not following the court’s prior order. Every case is different. Ultimately, if someone is not paying alimony and they are more than 30 days behind, it’s important that you come see an attorney so that we can walk you through how much is owed, what facts and circumstances exist for you, so that we can go ahead and file a motion so that we can get a court date and get that prior order enforced as soon as possible.