Family Law Blog

Spouse is Employed, But No Spousal Support is Being Paid

Tuesday, January 16, 2018

After a divorce, spousal support is put in place to help you restart your life. However, while there are exceptions made for spouses that lost their jobs for reasons beyond their control, if your spouse is employed, they should be paying. Perhaps you gave them a little leeway in terms of payment, but what do you do after a few reminders haven't manifested in payment?

 If spousal support payment is not being made, your only most effective option is to return to court, but even then receiving payment is not a guarantee. While your spouse may be employed, sometimes the court will state that they do not have the funds to adhere to their spousal support payment, particularly if there is a substantial amount past due. However, a judge may initiate any of the following to see that payment is followed through.

  • Wage garnishment
  • Offsets of tax returns
  • Garnishment of retirement accounts
  • Spousal support reduced to a money judgment
  • Suspension of passport, driver's license, or professional license until payment is made

If your ex-spouse has the funds in order to be paying their spousal support, all of the above will be used by the court to make sure they pay you what is due. If they have been consciously withholding payment while also having the means to pay it, you may also receive past due payments to help make you whole.

If you are getting divorced or have an ex-spouse that is not making spousal support payments on time, contact us today. Let the Law Firm of Jamra & Jamra help make sure you get the spousal support that you need so you can get back on your feet after a divorce.