How do I prevent my ex husband from stopping his alimony payments? 37 Answers as of July 02, 2013

My ex husband wants to stop alimony. How can I stop this?

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Alfred Law Firm
Alfred Law Firm | Janice Alfred
If he has been ordered to pay alimony and stops paying it, you can file a motion for contempt against him and ask the court to hold him in contempt of court for violating the court order.
Answer Applies to: Georgia
Replied: 1/16/2012
Law Office of James Bordonaro
Law Office of James Bordonaro | James Albert Bordonaro
The husband has to show a material change in circumstances since the original alimony was ordered. Often difficult to do especially if he doesn't have a lawyer but you may want to hire one yourself.
Answer Applies to: Kansas
Replied: 1/12/2012
Law Office of William L Spern | William Spern
You can't do anything until he stops or he goes to court and asks to stop alimony. If he stops, go to court and have him held in contempt of the court's order regarding alimony. If he petitions to stop alimony, respond and object to any stoppage or reduction.
Answer Applies to: Michigan
Replied: 1/12/2012
Meriwether & Tharp LLC
Meriwether & Tharp LLC | Patrick Meriwether
If your ex has a Court Order to pay alimony, and a condition has not occurred in the Order that would allow him to terminate his alimony payments (remarriage is a common one), then you can file for contempt against your ex after he stops paying. There is nothing you can do before he stops paying because he has not violated any order.
Answer Applies to: Georgia
Replied: 1/12/2012
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If your ex-husband has retired, lost his job, or suffered a substantial change of circumstances, if your circumstances have improved, or if you haven't complied with a Gavron warning previously given by the Court, yourex-husband may be entitled to a modification of his Spousal Support obligation. Your best chances in opposing your husband's quest would be by retaining an experienced Family Law Attorney to represent you.
Answer Applies to: California
Replied: 1/12/2012
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    If you have a court order for alimony your husband will be in contempt of court if he stops payments. If that happens you can file a Motion for Contempt and have him show cause to the court as to why he should not be punished for doing so.
    Answer Applies to: Arkansas
    Replied: 1/12/2012
    Law Office of Jane E. Ginsburg
    Law Office of Jane E. Ginsburg | Jane Ginsburg
    If there's a court requiring him to pay spousal support, you can ask the Court to authorize a wage assignment so that the money is taken right from his pay check.
    Answer Applies to: California
    Replied: 1/12/2012
    The Law Office of David Bocchino, LLC | David E. Bocchino
    Usually, an ex-spouse's requirement to pay alimony is the result of a court order from your divorce court. The order also usually states the conditions under which alimony payments can be stopped. You should consult with a family law attorney in your area to determine if your ex-spouse is able to stop paying you alimony, and if so, under what conditions.
    Answer Applies to: Maryland
    Replied: 1/12/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Since no one here has read the court order to know what it says, no one here has seen your finances, and no one knows why he wants to change it, there is no way to answer you. If you are serious in opposing it, you'll retain counsel to represent you in your dispute with him.
    Answer Applies to: Georgia
    Replied: 1/12/2012
    The Law Offices of Laura A. Walker | Laura A. Walker
    He can't stop it without an order from the court, you would be a party to any hearing he would have. If/when the hearing happens go with an attorney and fight it.
    Answer Applies to: Wisconsin
    Replied: 1/12/2012
    Peyton and Associates | Barbara Peyton
    If you have a court order for alimony, he cannot legally stop them without filing a motion with the court. If you don't have a court order, you need to file papers with the court to get a court order.
    Answer Applies to: California
    Replied: 1/12/2012
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    You cannot prevent him from stopping. But if you have a court order for Spousal Support, make it clear to him that you will take him to Court on Contempt charges if he does.
    Answer Applies to: California
    Replied: 1/12/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    This depends upon the specific facts of your case.
    Answer Applies to: California
    Replied: 7/2/2013
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    If there is a court order for alimony and your husband does not make his payments, you may file a complaint for contempt to enforce the order.
    Answer Applies to: Massachusetts
    Replied: 1/12/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Are you in Texas? Alimiony is unconstitutional in Texas. Accordingly, you cannot stop him. That said, if you have contractual spousal maintenance, then the terms of the contract dictate. If you were granted temporary spousal maintenance post divorce - the terms and amount were set by the Judge. In short, if this is in a Court order or contract, the terms of the order or contract will dictate. If this is something you want to continue indefinitely, that is just not possible in Texas.
    Answer Applies to: Texas
    Replied: 1/11/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You can get a wage assignment from his wages to get the money coming directly to you. I am not sure what you mean by his trying to reduce his payment. If he is going back to court and is asking to modify that because reduced income, etc., there might not be much you can do. There are circumstances in which a party can reduce support. But you can collect whatever amount is ordered directly from his wages.
    Answer Applies to: California
    Replied: 1/11/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    If he stops paying alimony without court approval, you can file a contempt action against him. In a contempt action, you ask the court to jail and/or fine the other party until he or she agrees to abide by the court's order.
    Answer Applies to: Georgia
    Replied: 1/11/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    The way you state the question doesn't really say what is going on well enough to answer. Obviously, there is nothing you can do to prevent him from doing whatever he chooses to do. So, the real question is what is your ex- actually doing or planning to do and what can you do about it. If he simply stops paying, you will have to take appropriate steps in the court to enforce the existing obligation, usually contempt of court proceedings for violating the court order. If he asks the court to terminate the maintenance obligation you can argue against that, but it will be up to the judge to decide after considering the law and whatever reasons your ex- believes justify termination.
    Answer Applies to: Colorado
    Replied: 1/11/2012
    Vargas Law Office LLC | Ronnie Ismael Vargas
    In order to lawfully stop his alimony payments, he needs to take you to court and prove that his economic circumstances have changed. In order to prevent this you would need to respond to his argument and convince a Judge of the contrary.
    Answer Applies to: Wisconsin
    Replied: 1/11/2012
    The Law Offices of Dave Hawkins
    The Law Offices of Dave Hawkins | Dave Hawkins
    Well, in Washington state the only way he can stop paying maintenenace (we do not call it alimony) is if the previous order has an end date (he no longer has to pay after a certain date or event) or if he files a petition to modify his support obligation. If he does so, you have tthe opportunity to respond and argrue why support should not end. I would not advise that you attempt to do this without an attorney the arguments can get sophisticated and technical.
    Answer Applies to: Washington
    Replied: 1/11/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If spousal support is ordered, it is only modifiable by a new court order alleging a substantial change in circumstance. How you may best contest such a motion would depend greatly on your particular circumstances.
    Answer Applies to: Minnesota
    Replied: 1/11/2012
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    Alimony is paid because there is a court order. If your husband stops the payments, he will risk defying a court order. I do not know if you received permanent alimony or alimony for a certain term. If it is term alimony, he is free to stop paying when the term expires.
    Answer Applies to: New Jersey
    Replied: 1/11/2012
    Attorney & Counselor at Law
    Attorney & Counselor at Law | John Hugger
    You can bring a contempt of court citation against him if he is voluntarily not making payments (that is, he has the money but just isn't making the maintenance payment). You may also activate a wage assignment if he is employed. You may also get a judgment for the arrears and garnish wages and/or attach bank accounts.
    Answer Applies to: Colorado
    Replied: 1/11/2012
    Law Offices of Frances Headley | Frances Headley
    Your options depend on what your court order says and what your current circumstances are.
    Answer Applies to: California
    Replied: 7/2/2013
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Assuming there is a property settlement agreement, supported by a divorce judgment, he must apply to the Court before he terminates paying alimony, unless the alimony requirement is for a specific amount of time.
    Answer Applies to: New Jersey
    Replied: 1/11/2012
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    If you are in the State of New Jersey, then he can not stop unless it says he can in a court order or in the divorce settlement agreement.
    Answer Applies to: New Jersey
    Replied: 1/11/2012
    Ezim Law Firm | Dean Esposito
    You can file an income assignment order and forward it to his employer. It functions the same as a garnishment as his employer will withhold the funds from his paycheck and forward it to you.
    Answer Applies to: Louisiana
    Replied: 1/11/2012
    Law Office of William C. Wood, LLC | William C. Wood
    You have not provided sufficient information to answer the question. What does the Judgment of Absolute Divorce say? Has he filed a motion to modify/terminate alimony? Is alimony modifiable per the court order? Have you re-married? If he just wants to stop paying but is still required to pay per court order, then you can file a petition for contempt of court.
    Answer Applies to: Maryland
    Replied: 1/11/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington alimony is called maintenance. If your divorce decree is from a state that calls maintenance alimony, you need to talk to a lawyer in that state. If your decree is from Washington, bring a motion for contempt if he stops paying.
    Answer Applies to: Washington
    Replied: 1/11/2012
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    Alimony (called "Spousal Maintenance" in Washington state) is determined by court order. A payor husband must continue to pay according to the terms of the court order unless or until the order is modified by the court.
    Answer Applies to: Washington
    Replied: 1/11/2012
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    He can't just stop making the payments without being in contempt of court. He would need court approval by filing some sort of modification. Should he just quit or if he files a modification, you need to consult with an attorney immediately in order to determine best how to proceed at that point.
    Answer Applies to: Florida
    Replied: 1/11/2012
    Brubaker
    Brubaker | Melanie
    Your ex-husband would need an order from the court to stop or change his alimony payments. If your ex-husband stops paying alimony as ordered, he would be in contempt of the judge's order.
    Answer Applies to: Georgia
    Replied: 1/11/2012
    The Law Office of Nathaniel M. Smith, LLC
    The Law Office of Nathaniel M. Smith, LLC | Nathaniel M. Smith
    If your ex-husband stops paying alimony in violation of a court order that he continue to pay you, you should talk to an attorney about petitioning the court to hold your ex in contempt of court.
    Answer Applies to: Georgia
    Replied: 1/11/2012
    Anderson & Boback | Janice L Boback
    Your ex husband will file a motion to stop payments and you will have to present evidence at the hearing about why alimony should continue.
    Answer Applies to: Illinois
    Replied: 1/11/2012
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