The process of getting a divorce can be emotionally taxing, and sadly, it doesn’t usually end after the papers are signed. Nonpayment of alimony is a common post-divorce issue that can cause financial hardship and unhappiness in those affected. Knowing what to do if your ex-spouse doesn’t pay alimony in St. Charles, MO, is critical in defending your rights. There are legal options available to you if your ex refuses to pay.
Understanding Alimony (Maintenance) in Missouri
In Missouri, alimony is also called maintenance. It is a court-ordered payment from one ex-spouse to the other to help with finances after a split. Maintenance is meant to help one person keep up a level of living similar to what they had while they were married.
How much and how long maintenance is given depends on a number of things, such as how long the marriage lasted, how much both people can earn, and how much money the person receiving maintenance needs.
First Step: Contact Your Ex
If your ex won’t pay alimony, the first thing you should do is try to talk to them directly. Nonpayment can happen when someone is temporarily having trouble with money, and the problem can be fixed by talking things out. A friendly but direct conversation can often help your ex understand why they aren’t paying and come up with a way to get caught up.
However, if your ex won’t cooperate or can’t start making payments again, you may want to consider other legal alternatives.
Contact The Court
If your ex continues to refuse payment, the next step is to return to the court that issued the alimony order. In Missouri, the family court has the authority to enforce its orders, including those related to maintenance. You can file a “Motion for Contempt” with the court. Contempt proceedings occur when an individual intentionally disobeys a court order, such as an alimony obligation.
Once a motion for contempt is filed, a hearing will be scheduled. During this hearing, both parties will have the opportunity to present their arguments. If the court finds that your ex is in contempt, they may order several penalties, including:
- Wage garnishment (automatic deduction of alimony from your ex’s paycheck)
- Fines for non-compliance
- Jail time in extreme cases
Proceedings for contempt are serious, and judges usually treat them that way, too. Judges know that alimony is something that many divorced people depend on for survival, and they can punish people severely if they refuse to pay.
Contact An Attorney
While it is possible to handle some of these steps on your own, working with an experienced family law attorney in Missouri can make the process smoother and more effective. An attorney can help you navigate the legal system, file necessary motions, and represent you in court hearings. They can also help you explore additional options, such as negotiating a settlement or modifying the alimony order if your ex’s financial situation has changed significantly.
Consider Wage Garnishment
If your ex has a regular job, garnishing their wages is one of the easiest methods to make sure they pay alimony. When the court says so, your ex’s boss has to take alimony payments out of their paycheck and give them to you. Wage garnishment can give you a steady flow of payments, making sure you get the money you are due without having to depend on your ex to follow through.
You will need to ask the court for an order before you can start receiving garnishment. The order will be sent to your ex’s workplace, and they are legally required to follow it. This method works especially well if your ex doesn’t want to pay alimony or has a history of not making payments on time.
Bank Account Levies
Another option for collecting unpaid alimony is to request a court order to place a levy on your ex’s bank accounts. A bank levy allows you to withdraw the owed alimony directly from your ex’s accounts. This process typically requires the assistance of an attorney and a court order. It can be effective if your ex has the funds available in their accounts but is choosing not to pay.
File a Lien on Property
You might be able to put a hold on one of your ex’s important possessions, like a house or other real estate. With a lien on the property, your ex cannot sell or refinance it until the divorce debt is paid off. When your ex is financially sound but doesn’t want to pay alimony, this can help. You might not get paid right away, though, because you’ll have to wait until the house is sold or refinanced.
FAQs
Q: What If My Ex Is Unemployed and Can’t Pay Alimony?
A: If your ex really cannot pay alimony because they are unemployed or having money problems, they can ask the court to change the divorce order. They are still required by law to follow the court’s order until it is changed. You might want to talk to a lawyer to discover the legal options open to you.
Q: How Long Does the Contempt Process Take?
A: The length of time it takes to go through contempt hearings depends on how busy the court is and how complicated the case is. Usually, it includes putting in a motion, setting up a hearing, and giving evidence. It may take a little while, but this method usually works to make sure that divorce payments are made.
Q: Can I Stop Paying Alimony If My Ex Remarries?
A: It is possible for alimony payments to be stopped in the state of Missouri if the recipient spouse remarries unless the divorce order specifically indicates otherwise in the statement. In order to formally cancel the alimony order, it is possible that you will be required to submit a motion to the court.
Q: What Happens to Alimony If My Ex Leaves the State?
A: You are still able to enforce the alimony decree even if your ex-spouse moves out of the state of Missouri. In accordance with the Uniform Interstate Family Support Act (UIFSA), the courts in Missouri have the ability to collaborate with the courts in other states in order to guarantee that the alimony order is respected across state lines.
Contact Stange Law Firm Today
If you have gone through a divorce and are experiencing alimony issues with your ex in St. Charles, MO, an attorney at Stange Law Firm can help you. Contact us today for more information.
