When your divorce is finalized and you and your ex are finally able to part ways, it can feel like a relief to finally be able to move on with your life. What many may not realize is that a finalized divorce doesn’t necessarily mean waving goodbye to your ex forever. This is especially true in situations involving shared parenting and alimony payments. One problem that may arise after your divorce may be the ability to obtain the alimony payments you have been promised in a timely manner, if, at all. When such a situation arises, take the time to contact an attorney for guidance regarding the best action to take when payments are not made.
In some divorces, couples and their attorneys come to agreements surrounding alimony. Alimony is a legal obligation that one spouse may have to another following a divorce. In most situations, the spouse who makes alimony payments to the other is better off financially than the party receiving payments. Alimony may be paid to a recipient until they are in a better place financially to be able to stand on their own. It can be attractive for couples who are negotiating the terms of their divorce and alimony in particular to first attempt to draw up agreements outside of the courtroom. Attorneys and mediators may be able to take on a role in helping couples make mutual decisions surrounding alimony. When this is not an option, cases are presented before a judge who may look to a number of variables to determine alimony payments. Examples may include:
- The financials of each person
- The length of time it may take to be financially stable.
- Whether the couple has children
- Whether one person stayed home to take care of children
- Standard of living while married
An attorney can review the specifics of your case to assess the value of alimony you may be entitled to. They may be vital in helping to strengthen your case for alimony.
Failing to Make Payments
Once your divorce is finalized, the process seems simple right? Naturally, your ex would begin making the alimony payments as agreed upon. But, what happens when the checks don’t come? Or all of a sudden you ex stops making their alimony payments? This can leave a person feeling frazzled to say the least, especially if you have become accustomed to this money to maintain your lifestyle. Knowing the best course of action if this happens to you may be useful if you are faced with such an unfortunate situation:
- Contact your spouse to find out why they may have not paid you. This may be able to eliminate any guess work. There may be a simple explanation.
- Contact your attorney for legal advice, assistance, and representation
- If your spouse is unwilling to help sort this out, your attorney may advise you to take legal action
There can be stiff consequences when someone must face court for lack of alimony payments, including:
- Being held in contempt for failing to follow a court order
- Paychecks may be garnished in order to pay the alimony owed to you
- Assets from your ex may be awarded to you by a judge
Contacting an attorney can be helpful in figuring out how to navigate this tricky situation. They may be able to help you get back to collecting the alimony checks you are entitled to as quickly as possible.
If you are collecting alimony after a divorce, chances are it’s a benefit that you are in need of. When your ex does not uphold their end of the divorce agreement by failing to make alimony payments, you may want to speak with the top family lawyers Bloomington, Illinois trusts. They may be able to help you figure out the best way to navigate the situation you may be facing.
Thank you to our friends and contributors at Pioletti & Pioletti for their insight into alimony, divorce, and family law.