Spousal support, sometimes called alimony or spousal maintenance, is intended to help an ex-partner maintain a certain standard of living after the breakdown of a marriage. These obligations can often lead to further legal disputes after the divorce.
Courts have some discretion when making decisions about spousal support, including setting payment terms. When you have questions about the Southbury spousal support payment process, please get in touch with our legal team as soon as possible. Our seasoned alimony attorneys can walk you through the process and answer your questions.
Spousal support refers to money or compensation that a spouse is ordered to pay to their former partner after a divorce. These payments are separate from property received during the split up of marital assets.
There is no standard formula for calculating spousal support in Connecticut. Instead, Connecticut General Statutes Annotated § 46b-82 authorizes the court to consider several factors when making decisions about alimony.
The specific payment process for spousal support in Southbury will depend on the type that a spouse is ordered to pay, which can impact the duration of these payments. The categories of alimony in the state include the following:
Courts may order temporary spousal support to help a spouse meet their financial obligations while a divorce is pending. Time-limited or rehabilitative alimony is intended to give a spouse some time to obtain education or training to become self-sufficient. Permanent spousal support is intended to address the former spouse’s long-term needs.
The frequency of these payments can also vary within these categories. Courts can order someone to pay spousal support on a periodic basis or in a lump-sum payment.
After obtaining an order for alimony, a recipient can file an income withholding for support. This process in Southbury automatically withdraws spousal support payments from the ex-partner’s paycheck.
An attorney can advise the recipient when filling out the form, which requires them to provide certain information about their ex-partner’s job and the payment terms outlined in the spousal support order.
When divorce litigation plays out in court, the spouses must provide a financial affidavit disclosing their assets, employer, and other relevant information. The recipient will need this information to file their income withholding for support.
The recipient must also provide information about their order, such as the docket number, and must specify the payment cycle outlined in the order and information about past due amounts or amounts designated for medical support.
If income withholding is unavailable, a recipient in Southbury may have difficulty getting their ex-partner to comply with the payment process stipulated in the spousal support order. When an ex-partner refuses to pay, the recipient can file a motion for contempt to enforce the order and compel the payments.
Connecticut and family law courts are authorized to issue a contempt order under Conn. Gen. Stat. Ann. § 51-33 when a former spouse refuses to comply with a spousal support order.
To prove contempt, the recipient must show that a valid spousal support order was issued, which the defendant violated. Additionally, the defendant must have purposely or intentionally violated the order.
Courts are less likely to find contempt if the defendant can show they are unable to comply with the order due to life circumstances, such as losing their job or becoming seriously ill.
You do not have to navigate the Southbury spousal support payment process alone. Our lawyers are here to assist with post-divorce issues, including guiding you through the alimony payment process.
Get in touch with our experienced family law attorneys today if you have questions about how to address payment issues related to spousal support obligations.
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