How can I go back to divorce court to get alimony? 29 Answers as of June 26, 2013

I wanted to know how can I go pay to go back to court to get my alimony that my spouse owes to me? He is a year and a few months behind on it. Can he face jail time? If so, what is that law that regulated that rule?

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Bruning & Associates, PC
Bruning & Associates, PC | Kevin Bruning
Need to file a petition with the court to force your ex-husband to pay the maintenance due.
Answer Applies to: Illinois
Replied: 11/28/2011
Reza Athari & Associates, PLLC | Seth L. Reszko
You could file a motion with the family court for enforcement of the order. It is unlikely he would face jail time, better that the Judge force him to pay.
Answer Applies to: Nevada
Replied: 11/17/2011
AyerHoffman, LLP
AyerHoffman, LLP | Cara Lee Thompson
You can file a complaint for contempt on the grounds that the alimony is in arrearages. If you retain an attorney, you can ask for attorney's fees and costs to cover the cost of going into court on the complaint for contempt. If your ex doesn't show up to the contempt hearing, a capias may be issued and at that point your ex may be arrested and go to jail.
Answer Applies to: Massachusetts
Replied: 11/17/2011
Ruiz Law Group, P.C.
Ruiz Law Group, P.C. | Frances Ruiz
Absolutely, he is in contempt of court if the maintenance was ordered by the court.
Answer Applies to: New York
Replied: 11/17/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
Yes, you file a contempt motion, saying he is not following the order for the payment of the support. You file and obtain a court date then have him served with the motion.
Answer Applies to: Wisconsin
Replied: 11/17/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Generally, the remedy is to ask the court to find him in contempt for violating a court order to pay alimony. If the court finds that he is able to pay and just refuses to do so, the judge could put him jail but that is usually a last resort.
    Answer Applies to: Colorado
    Replied: 11/16/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    I assume from your question that when you originally got divorced that your spouse was ordered to pay maintenance (alimony). I also assume that he has failed to pay the ordered amount for some time. Assuming that these things are true, then, your remedy is a motion for contempt. The court, in such circumstances, has the power to require him to bring the maintenance current and keep it current. It has the power to award attorney's fees, costs, and penalties. In suitably extreme situations, it has the power to impose jail time.
    Answer Applies to: Washington
    Replied: 11/16/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    You need to file a motion for contempt and for entry of an income deduction order, if he has a job. You should consult with an attorney to assist you with the process.
    Answer Applies to: Florida
    Replied: 11/16/2011
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    First of all, it hasn't been called alimony since 1972. It's spousal maintenance. If he's in arrears due to a court order from a matrimonial action for divorce, you can bring a post-matrimonial action in the court that made the judgment of spousal maintenance for contempt of court and a judge will force him to pay.
    Answer Applies to: New York
    Replied: 11/16/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    If he is employed, have you tried to garnish the wages from his employer?
    Answer Applies to: Michigan
    Replied: 6/26/2013
    The Law Offices of Mandy J. McKellar
    The Law Offices of Mandy J. McKellar | Mandy J. McKellar
    Depends on what the final decree says if it is spelled out and detailed he could be facing contempt charges. This will require you to file a motion for an order to show cause the he be held in contempt and this will resulting argument in court.
    Answer Applies to: Nevada
    Replied: 11/16/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You may file a Motion seeking an order for contempt in order to enforce court orders. that may include seeking a a jail sentence for non-payment as a civil contempt remedy and seeking a judgement for any maintenance owing.
    Answer Applies to: Minnesota
    Replied: 11/16/2011
    Odin, Feldman & Pittleman, P.C.
    Odin, Feldman & Pittleman, P.C. | Richard A. Gray
    Based upon the language in your final order of divorce, your attorney should file a Rule to Show Cause (motion for contempt) for your spouse's failure to pay spousal support ordered by the court. The Court has the power to incarcerate for willful failure to pay spousal support in accord with the court's order but it usually give the contemptor a chance to cure the contempt by either full payment or a payment plan. The court usually sets a follow-up hearing to determine compliance.
    Answer Applies to: Virginia
    Replied: 11/16/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You should move the court for an order of contempt.
    Answer Applies to: Washington
    Replied: 11/16/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Better get an attorney to file what's called a Rule to Show Cause in the matter to bring your spouse back before the court for the enforcement of your alimony.
    Answer Applies to: Virginia
    Replied: 11/16/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    It would be difficult to collect your alimony if he is in jail.
    Answer Applies to: California
    Replied: 11/16/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Based on your question, I'm assuming there is valid spousal support order (in California, alimony is called spousal support). If your ex is overdue by more than a month of support, than you can file a motion to enforce the support order, including a contempt motion. Best to call a local family law lawyer to help you with enforcing support, including discussing your options and the best strategy to motivate your ex to remain in compliance.
    Answer Applies to: California
    Replied: 11/16/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If you have a court order he failed to pay, you should file a motion to establish the arrears and request a compliance date for payment. If he fails to follow the court ordered payment of arrears and ongoing support, you should consider filing a contempt motion. If he is found guilty of the contempt, he may be subject to fines, attorney fees and jail time.
    Answer Applies to: California
    Replied: 11/16/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You should retain an attorney to file a motion for contempt.
    Answer Applies to: Georgia
    Replied: 11/15/2011
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    In Washington state if a former spouse is delinquent in his maintenance (alimony) payments, you can go to court to request (1) a judgment for the past due, plus attorney fees, plus interest; and (2) contempt against the former spouse for willful failure to pay. Thereafter, his continued willful refusal to pay may be a basis for jail time. You should consult with an attorney to take the necessary action.
    Answer Applies to: Washington
    Replied: 11/15/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    You can file a motion for contempt and seek a judgment. Jail time is unlikely.
    Answer Applies to: Washington
    Replied: 11/15/2011
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    No, he won't face jail time. Yes, you can go back to Supreme or - probably better - file a petition in Family Court seeking enforcement of the divorce order.
    Answer Applies to: New York
    Replied: 11/15/2011
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    If alimony was ordered, then you can hire an attorney to file contempt charges. If it was not ordered you will need an attorney to examine your case to see if it was reserved.
    Answer Applies to: Alabama
    Replied: 11/15/2011
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