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What if My Former Spouse Is Not Paying Spousal Support?

Posted on in Spousal Support

Los Gatos, CA family law attorney for spousal supportFollowing divorce, one spouse may be entitled to receive financial support from their former partner that will help them maintain their standard of living. When a spousal support agreement is established either during mediation or a court hearing, the spouse receiving payments should be able to rest assured that they will receive this court-ordered support. Spousal support payments can be critically important in ensuring that a person is able to live a financially healthy and independent life following divorce. However, there are some cases in which a paying spouse does not meet their obligations to make these payments on time or in full. It is paramount that you speak with a qualified family law attorney if you are not receiving the agreed-upon payments from your former spouse. 

Securing Your Spousal Support Payments 

Under California law, an automatic wage assignment is created when a spousal support order is established. This will ensure that the amount of support is deducted from the paying spouse‚Äôs income (known as wage garnishment). However, divorcing spouses may choose to have the automatic wage assignment stayed, and they may make other arrangements for paying spousal support. 

If a wage assignment has been stayed in your case, there are a number of reasons why your former spouse may fail to make spousal support payments. However, even if he or she has experienced financial difficulties due to loss of employment or a medical condition that has affected his or her ability to work, you still have the right to look into options for enforcing the payment of support. Typically, the first step you and your attorney should take is identifying why the payments are not being made. If your ex-spouse is in fact unable to work, you may be able to work together with him or her to reach an agreement that temporarily lowers the amount of payments or suspends the support for a certain period of time. In these cases, you should be sure that your ex-spouse is aware of your willingness to take the matter to court if the full amount of support payments is not resumed at the conclusion of the suspension. 

If your ex-spouse is simply neglecting to make the payments that are owed, you will want to take steps to compel him or her to meet his or her obligations. In most cases, a spousal support order will allow a wage assignment to be reinstated if the payment of support is at least five days late. If your ex-spouse owes additional money due to repeated non-payment of support (known as arrears), there are other remedies available. You may be able to ask the judge to could garnish his or her personal bank account, or other forms of property could be confiscated in order to collect the amount owed

Contact a Los Gatos, CA Spousal Support Lawyer

If you need to address any issues related to alimony, The Law Office of Benita Ventresca can provide the legal help you need. Whether you are seeking assistance in finalizing a spousal support agreement or looking to recover delinquent payments, Attorney Ventresca will provide you with dedicated legal representation and help you reach a positive outcome to your case. To schedule a complimentary initial consultation with a knowledgeable Los Gatos family law attorney, call our office today at 408-395-8822. 




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