A breakdown of a marriage can lead to changes in circumstances that impact the spouses’ lives post-divorce. In addition to child custody or support issues, courts may order that a party must pay spousal support to their ex-partner. Once a court orders alimony, it is up to the spouses to adhere to their respective payment obligations.
When your ex-partner is not meeting their payment obligations, it is crucial to seek advice from a Southbury spousal support enforcement lawyer as soon as possible. Contact our law office today to speak with an experienced alimony attorney and prevent potential issues.
Connecticut law provides that courts have the power to order that a person pay spousal support, according to Connecticut General Statutes Annotated § 46b-82. The payments are designed to help the recipient maintain a certain standard of living, particularly when the payor has a better career or financial resources.
Under state laws, there is no formula for calculating spousal support. Courts will consider various factors when making these decisions, including the length of the marriage, reasons for the breakdown of the marriage, and each partner’s earning capacity.
Since the outcome of an alimony hearing is unpredictable, these decisions can often leave an individual blindsided by financial obligations. In some cases, a spouse may even completely refuse to meet these obligations.
The first step that the recipient should take when dealing with an ex-partner who refuses to comply with their spousal support obligations is to seek the help of a Southbury lawyer to discuss their options for enforcing the order.
An attorney can help facilitate discussions with the payor regarding taking action to keep their spousal support payments current. Courts will usually honor reasonable agreements made among spouses regarding support.
When former spouses cannot reach an agreement about complying with spousal support obligations outside of court, the best way for a Southbury recipient to enforce the order is to file a motion for contempt.
Connecticut courts generally do not monitor if an ex-partner complies with their spousal support obligations once the order is issued. It is up to the recipient spouse to take action to inform the court that these obligations were not met.
According to Conn. Gen. Stat. Ann. § 51-33, courts have the power to find a person in contempt if they refuse to comply with a valid legal order such as spousal support mandates. An individual found in contempt can potentially face fines and up to six months in jail.
To prove contempt, a plaintiff must provide evidence establishing the following:
The party filing the motion for contempt must also specify the relief they seek, which is typically forcing the payor to comply with their obligations in alimony cases.
It is important to understand that a non-paying former spouse will still have the opportunity to defend themselves and explain why they have not complied with their payment obligations at a contempt hearing.
Since a finding of contempt requires a willful violation of the court order, one potential defense is that there was a good-faith misunderstanding about the terms of their payment obligations under the spousal support order.
Additionally, courts may consider the defendant’s inability to meet their spousal support obligations. If the payor lost their job or has experienced a substantial change in circumstances, courts may not hold them in contempt. Southbury courts are unlikely to enforce a spousal support order when a defendant can provide evidence that proves their inability to meet their obligations.
When your ex-partner refuses to pay their spousal support obligations, or you cannot pay due to changing life circumstances, please contact one of our knowledgeable lawyers.
A seasoned family attorney can discuss Southbury spousal support enforcement and how to apply it to your case. Our team is here to help advise you at every stage of the divorce process.