What Happens if My Ex Will Not Pay Alimony?
Alimony (spousal maintenance) is “an award in a suit for dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse” (Texas Family Code Sec. 8.001). It is granted after some divorces in Texas. What happens if your ex simply stops paying it? The short answer is that you have the right to take legal action to get the full and fair payments that you are owed under the law. Here, our Pearland spousal maintenance lawyer explains your rights and your options if your ex will not make alimony payments.
Know Your Rights: Former Spouse Cannot Cut Off Alimony for No Reason
In Texas, a former spouse cannot arbitrarily terminate alimony payments without a valid legal reason. State law ensures that spousal maintenance, once ordered by the court, continues to provide financial assistance to the recipient based on the conditions outlined in the divorce decree. The obligor (payor of alimony) must remain up to date with his or her financial obligations.
Note: The only reason a spouse can stop paying ongoing alimony in Texas without a court order is that their former partner (the recipient of alimony) got remarried.
How to Enforce Alimony in Texas (An Overview of Your Options)
Your former spouse stopped paying alimony. What happens now? You should be prepared to take proactive steps to protect your financial interests. Do not go at it alone. An attorney can help. Here is an overview of your options for enforcing alimony in Texas:
- Ensure Ex is Notified: To start, ensure that your ex is aware of the situation and that there has not been a good faith mistake. By providing notice, you will put yourself in the best position to enforce your legal rights if it becomes necessary to do so.
- Consider Negotiations: If your spouse has a genuine financial reason for not making payments, it may be wise to consider negotiations. Otherwise, they may try to get a legal order to modify alimony on their own. Negotiations are case-by-case.
- Take Legal Action: You always have the right to take legal action against a former spouse to enforce alimony—including taking action to collect on any past due alimony. In Texas, you can file a motion for enforcement with the court that issued the original alimony order.
Once a motion for enforcement is filed, a court has several options to enforce spousal maintenance, including a wage garnishment, a lien on real property, a levy on a bank account, or even contempt of court findings. Contempt of court can lead to jail time in Texas.
Contact Our Pearland, TX Spousal Support Attorney Today
At John Powell III, P.C., our Pearland family law attorney has extensive experience handling alimony cases. If you have questions about dealing with an ex who is not paying their alimony, we can help. Give us a phone call now or contact our family law team online for a confidential, no-obligation case review. With an office in Pearland, we provide spousal support services throughout Southeast Texas.