I think your best first course of action is to communicate with him, referencing the copy of your separation agreement stating that alimony is due on the first of the month, and letting him know that this is affecting your ability to pay rent. This would save you the time-delay and expense of pursuing a lawsuit. However, should you feel that negotiating with him directly is not an option, your remedy against him is for breach of the separation agreement. You should discuss with an attorney what this type of lawsuit would entail.
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.