Court-ordered spousal support after a divorce is a legal obligation. When a spouse fails to send alimony as ordered, the receiving individual can take legal action to secure the money they are owed.
Speak with one of our lawyers about Fairfield spousal support enforcement. They can help you take appropriate action to enforce court-ordered payments. Additionally, if you have fallen behind in your spousal support, our seasoned alimony attorneys can help you resolve the situation before you face a court order for contempt.
A party always has the right to return to court to enforce a court order. However, bringing a motion before the court is usually not the most cost-effective or time-efficient means of resolving a dispute.
When an ex-partner falls behind on spousal support, ideally, the paying party would contact the receiving party to inform them of the reason for the late, missed, or partial payment. Then, both parties could negotiate in good faith to bring the payments up to date.
Alternatively, the receiving party could initiate these discussions. Many couples have more success working with a mediator or an attorney in Fairfield to identify the cause of the failure to adhere to the spousal support order and create a process for resolving it.
Sometimes, a paying party’s circumstances change, so they cannot afford to comply with the original spousal support order. In other cases, the receiving party’s situation may have changed such that the paying party does not believe they still need as much support as the court ordered. Connecticut General Statutes 46b-86 allows the modification of the spousal support order in these circumstances.
In the best-case scenario, the ex-partners will work together to negotiate a revised spousal support order. They would then submit their agreed modification to the court. If the judge believes it is fair and equitable, they will incorporate the agreement into an enforceable order.
If the parties dispute whether the spousal support order should be modified, the individual seeking modification can file a court petition seeking the change. A Fairfield attorney can help a party present or defend a petition to modify a spousal support order.
If negotiations fail to produce a workable solution or the paying party is uncooperative, the receiving party can bring a motion asking the court to find the paying party in contempt of the court. The party bringing the motion must demonstrate an unambiguous court order, prove that the other party has willfully failed to obey the order, and clearly state the relief they ask the court to grant.
A hearing will determine whether the paying party is willfully refusing to comply with the court order. If they can present a reasonable explanation for their failure to pay, the court might decline to hold them in contempt. Anyone facing a contempt hearing concerning spousal support should have the assistance of a skilled Fairfield lawyer.
When a court finds that a paying party’s failure to comply with the spousal support order is willful, meaning that they could pay but do not, the judge may hold them in contempt. The judge can order the money to be taken directly from the paying party’s paycheck or bank account and can attach their income tax refunds. The judge can also find the party in contempt and order them to pay the other party’s legal fees.
Receiving parties often depend on spousal support to help them make ends meet. When the money does not come in as agreed, it can cause hardship.
A professional lawyer can help someone pursue or defend Fairfield spousal support enforcement. Experienced representation can make a big difference, so reach out today to speak with a skilled family law attorney.