Husband refuses to pay alimony


#1

In 2008 my ex-husband was ordered to pay $800 a month in alimony. He paid the $800 until 2011, then he dropped it to $600 (not court order, his decision). He lost his job in 2014 and did not pay for 1 year (understandable). When he got another job in 2014 he said he would start paying once he got situated. He has not paid for the last 2 years and although I work full-time, my budget included the $800. I have been living off of credit cards to make up the difference. What can I do to get him to re-start paying the alimony and to pay me for the 2 years he did not paid? Is there some way I can get him to repaid the credit card companies?


#2

If you have a court order ordering your husband to pay your alimony and he willfully has not, then you can file a contempt motion, called a motion and order to show cause.

To be found in contempt, three elements must be satisfied: (1) the party was ordered by the Court to do something, (2) the party failed to do that something, and (3) the party was capable of doing that something. Contempt of court can include jail time or paying fines. In your case, if a judge found your husband to be in contempt, the judge could order that he re-pay you the missed alimony payments, that he pay your attorney’s fees and costs, and maybe that he pay other expenses associated with your lack of incoming alimony.

Check out our detailed article Violating a Court Order: What You Need to Know.