If your ex-spouse stops paying court-ordered alimony, you have legal options to enforce the payment order. A divorce lawyer can help you understand these options and guide you through the steps needed to hold your ex accountable.
Because alimony is a formal directive from a judge, failing to pay is a direct violation of a court order, and the family court system provides specific tools to help you collect the funds you are owed. You are not without recourse, and taking structured legal action is the most effective way to address the situation.
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Key Takeaways about What to Do if Your Ex Stops Paying Alimony
- A failure to pay alimony, also called spousal maintenance or support, is a violation of a court order.
- The receiving party can file a motion with the court to enforce the alimony order and compel payment.
- Courts can use methods like wage garnishment, bank account levies, and property liens to collect past-due alimony.
- A non-paying former spouse may be found in contempt of court, which can result in fines and other penalties.
- An ex-spouse cannot unilaterally decide to stop or reduce payments; only a new court order can change the original alimony arrangement.
Understanding Alimony in Washington and Idaho
Alimony is a court-ordered payment from one ex-spouse to another after a divorce. The purpose is to provide financial support to the lower-earning or non-earning spouse for a specific period. In Washington, this is officially called “spousal maintenance.” In Idaho, it can be referred to as “spousal maintenance” or “alimony.”
Regardless of the term used, it is not an informal agreement—it is a legal obligation. The details, including the amount and duration of payments, are outlined in your final divorce decree. According to Washington law under RCW 26.09.090and Idaho Statutes Title 32, Chapter 7, a judge considers many factors when ordering these payments. Once the order is in place, it carries the full weight of the law.
First Steps When Alimony Payments Stop
When you rely on alimony to meet your monthly expenses, a missed payment can cause immediate financial strain. Before initiating legal proceedings, there are a few practical steps you can take to prepare your case.
- Review Your Divorce Decree: Carefully read the section of your divorce order that details the spousal maintenance terms. Confirm the exact amount, payment due dates, and the end date for the payments.
- Document Everything: Keep a clear and detailed log of all missed or partial payments. Note the date each payment was due and the amount that was unpaid. This record is crucial evidence.
- Communicate in Writing: If you feel it is safe and appropriate, you might send your ex-spouse a formal written request (like an email or certified letter) for the missed payment. This creates a paper trail showing your attempt to resolve the issue directly.
Having this information organized and ready will be incredibly helpful as you move forward with the enforcement process.
Legal Options to Enforce Alimony Payments
If informal requests don’t work, the next step is to use the legal system to enforce your court order. Your primary tool is to file a motion with the court that issued your original divorce decree.
Whether you’re in Spokane or Coeur d’Alene, financial stress from unpaid support can disrupt your life. Taking formal legal action is the path toward restoring your financial stability.
Filing a Motion for Contempt
When someone willfully disobeys a court order, they can be held in “contempt of court.” This is a formal accusation that your ex-spouse knew about the alimony order and chose to ignore it. To start this process, you file a motion with the court. A hearing is then scheduled where both you and your ex-spouse will present your sides to a judge.
If the judge agrees that your ex is in contempt, they can impose penalties designed to compel payment, such as:
- Ordering the immediate payment of all past-due amounts.
- Imposing fines.
- Requiring your ex-spouse to pay for your attorney’s fees and court costs.
- In very serious or repeated cases, a judge can even order jail time.
The goal of a contempt action is not just to punish but to get the non-paying party to comply with their legal responsibilities.
Methods of Collection After a Court Order
Once a judge confirms the amount of alimony owed (known as obtaining a “judgment”), the court has powerful tools to collect the money on your behalf.
- Wage Garnishment: A court order can be sent directly to your ex-spouse’s employer, requiring them to withhold a certain amount from each paycheck and send it directly to you or the state for disbursement.
- Bank Account Levy: This allows for the seizure of funds directly from your ex-spouse’s bank accounts to satisfy the amount owed.
- Property Lien: A lien is a legal claim placed on property, such as a house or a car. This means the property cannot be sold or refinanced until the alimony debt is paid.
These are not steps you can take on your own; they require a court order to implement, making them powerful motivators for compliance.
Common Defenses and Why They Often Fail
When faced with a contempt motion, a non-paying spouse might offer excuses for their failure to pay. However, a court order must be followed unless and until a judge officially changes it.
Common reasons given for non-payment include:
- Job Loss or Income Reduction: A significant change in financial circumstances may be a valid reason to request a modification of future alimony payments, but it does not retroactively erase the money already owed.
- Your New Relationship Status: If you are cohabitating with a new partner, your ex-spouse may believe they can stop paying. While this could be a basis to file for a modification in some cases, they cannot make that decision on their own. The existing order remains in effect.
- Disagreement or Anger: Simply being unhappy with the alimony order is never a legal defense for not paying.
An ex-spouse must petition the court for a formal modification if their circumstances change. They cannot simply stop paying.
When Your Ex Stops Paying Alimony FAQs
Here are answers to some common questions about enforcing spousal maintenance orders.
Can my ex just decide to pay less than the ordered amount?
No. Partial payment is still a violation of the court order. You are entitled to the full amount specified in your divorce decree, and you can pursue enforcement action to collect the entire unpaid balance.
Is there a time limit to collect unpaid alimony?
Yes, there are statutes of limitation for collecting judgments, which vary by state. It is important to act promptly to preserve your right to collect all the money you are owed.
What if I don’t know where my ex works or banks?
An experienced divorce attorney can use legal tools, such as discovery requests and subpoenas, to obtain financial information like employment records, bank account details, and asset locations to aid in collection efforts.
Get Help with Your Alimony Case
A court order for spousal maintenance is a legal directive, not a suggestion. If your ex-spouse has stopped paying, you have the right to seek enforcement through the court system. Many people researching how to choose a divorce lawyer look for firms with deep family law experience, and the team at Crouse Erickson works exclusively in family law, providing focused and knowledgeable representation to clients in Washington and Idaho.
We are prepared to help you understand your rights and take decisive action to collect the financial support you were awarded. To discuss your situation with a member of our team, contact our Spokane office at (509) 624-1380 or our Coeur d’Alene office at (208) 618-8910 to schedule a consultation.
