When your ex-spouse remarries, their new spouse may have negative opinions about your spousal support agreement. They may even think your ex shouldn’t have to pay; but the commitments made in your initial divorce are binding, even if their new spouse doesn’t like it. When your ex is not paying what he/she is supposed to, you have reason to question what is going on. Keep in mind, a change typically occurs in your alimony when you get remarried, but if your ex remarries that is not a reason to stop paying.
Collecting Alimony When Your Ex Won’t Pay
The first thing to do if your ex is not paying spousal support is to find out why. If your ex has had a life-changing event such as a job loss, injury or family emergency, it may be time to consider compromising on your spousal support. You can make a temporary or permanent adjustment to your alimony in these circumstances. If the case is that your spouse just won’t pay, you can take legal action with the help of our knowledgeable spousal support attorneys.
Your next step is to file a motion of contempt or payment enforcement with the court. Our experienced lawyers can help you make sure your motion is persuasive and represents you in the best light so the court will side in your favor. If the court sides with you, they can act against your ex to enforce payments, withhold wages, threaten jail time or award you part of your ex’s bank account.
Speaking with an attorney before attempting to collect helps ensure you don’t make any mistakes in the process. It can be very difficult to speak with an ex who has a new spouse in their ear, saying things that can sway their thought process. (Unfortunately, new spouses usually win over old ones, even when your ex knows they are legally bound to pay.) Your ex may be trying to keep the peace at home, so hearing from an attorney might be a safer bet than hearing directly from you.
San Diego Spousal Support Attorneys: Cage & Miles, LLP Is on Your Side
If you are not receiving the spousal support you are supposed to, our San Diego spousal support lawyers can help you take legal action. We can be a voice of reason when communicating with your ex or be an ally in your court proceedings. Whatever your circumstances, it pays to have the legal counsel of a seasoned spousal support attorney so you know the best route to take to collect what is due.