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If you are receiving spousal support, you may depend on it to make ends meet. However, if your former spouse does not adhere to the court order, you risk real financial hardship.

Do not let partial or missed payments slide. Initiate New Haven spousal support enforcement actions immediately. Contact a dedicated alimony attorney at our office for legal assistance.

Steps to Take When Alimony Obligations Are Not Met

Spousal support is a court-ordered obligation. Failure to pay is a serious matter. Act immediately when the paying party violates the order in any manner.

First, the recipient must ensure they have excellent records. The recipient should review the court order to see exactly what it says and document how the paying spouse is out of compliance. Partial, late, and missed payments are violations of the court order.

Next, the recipient should contact the payer for an explanation. If the payer has temporary financial difficulties that they can correct within a short period, allowing them a grace period to keep their alimony obligation up to date may be appropriate. However, a recipient should get a firm commitment and be prepared to contact a New Haven attorney for help with enforcement if the payer does not bring their alimony obligation up to date within a reasonable time.

Bringing a Contempt Action

A payer may avoid contact with the recipient or refuse to provide an explanation about why they are not making their spousal support payments as ordered. Sometimes, they agree to bring their account current by a specific date but then fail to follow through.

The problem is unlikely to correct itself. Further violations are likely once a payer gets used to violating the spousal support order. Once it is clear that the payer will not cooperate, consult a New Haven alimony enforcement lawyer about bringing a contempt of court action.

To prove the payer is in contempt, the recipient must present an unambiguous court order obligating the payer and proof that payment was not received as directed. They also must prove that the failure to pay was willful, meaning that the payer intentionally and knowingly failed to meet their obligation. If the failure to pay was due to an illness or injury that left the payer incapacitated or an inadvertent oversight, it may not have been willful.

A Judge’s Remedies for Violating a Court Order

Judges have broad discretion to take action against people who refuse to comply with valid court orders. When someone is found in contempt for willfully failing to meet their spousal support obligation, a court could take the following actions:

  • Order direct withdrawal of the support obligation from the payer’s wages
  • Attach the payer’s tax refund
  • Put a lien on the payer’s bank accounts
  • Suspend the payer’s driver’s license and professional license
  • Impose a fine

Connecticut General Statutes § 46b-87 allows a judge to order the payer to cover the recipient’s legal fees and court costs and even send the payer to jail. However, a payer being sued for contempt of court may bring a petition to amend the spousal support order.

A judge might grant a modification if the payer can prove that circumstances have substantially changed since the original order was issued. Even if the judge grants a modification going forward, the payer is still liable for all the arrears up to the date the judge issues a new order.

Going to court is not always necessary. A letter from a New Haven lawyer enforcing immediate payment of spousal support arrears and explaining that a contempt action will follow is often enough to induce the payer to bring alimony up to date.

Consult a New Haven Attorney About Spousal Support Enforcement

Compliance with court orders is mandatory. When your former partner is refusing to pay spousal support as ordered, you must act to protect your rights.

Talk to a New Haven spousal support enforcement lawyer as soon as the payer falls into arrears. We can help you plan an effective strategy for collecting the alimony you are owed. Contact us today to get started.

Connecticut Family Lawyer | CT Family Law | Dolan Family Attorneys N/a
129 Whitney Ave #3A New Haven CT 06510 (203) 720-6874