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What Can You Do If Your Ex-Wife Refuses to Pay Alimony?

February 5 2016

So the court awarded you alimony and you think that it should be a smooth process moving forward. In comes the time when you are expecting to receive payment and you quickly learn that your ex-wife is refusing to pay...so now what? There are a few courses of action you can take, with the most common being issuing a contempt case or income withholding.

Contempt case

First things first, you'll have to head back to court for help with a trusted divorce attorney. If a spouse is failing to pay a court-ordered alimony, they are violating court orders. In this case, judges will most likely institute a charge of contempt of court against your ex-wife. In a contempt of court case, a party (you) will ask the court to find the other party (your ex-wife) in contempt for not following the rules of the court. With that being said, your spouse could face fines and incarceration. If the judge finds that your ex-wife is in contempt, he or she may order your ex-wife to pay a certain amount of the alimony on the same day or within a specific time-fame in order to avoid jail time or fines. 

Income withholding 

Some states allow a spouse to have funds automatically deducted from an ex-spouse's paycheck. This form of payment keeps you out of the equation and guarantees that you will receive payment, as long as your spouse remains employed of course. To do so, you need to make sure that your alimony includes an income withholding provision from the court. If your spouse is willfully unemployed, you could even request that the judge orders your spouse to look for a job to accelerate the process. 

There are many ways that you can go about collecting unpaid alimony, depending on the state you live in. However, do not take the chance to handle this situation and contact an experienced divorce attorney immediately. Divorce issues can be the most difficult and emotionally daunting experiences you go through. However, we're here to help. From divorce to alimony, our attorneys at Bailey Smith Bailey have over 90 years of combined experience of aggressively representing clients in court. Before making any decisions about how to go about collecting funds from your spouse, turn to our experts for the proper assistance and guidance. Request a consultation, or call our main office at 517-349-2800. 

What to Do After Being Served With Divorce Papers

October 11 2017
Divorce is a stressful time, and it's only made worse if you don't prepare properly. There are several steps you should take after being served with divorce papers, both to protect yourself and make the process as smooth as...
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How To Keep Your Separate Property Separate

September 12 2017
A divorce can be a difficult situation but property can make it even more difficult. There are several ways to keep your property separate while you are going through the process of a divorce. One strategy is to identify property that was acquired...
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Co-Parenting Tips After A Divorce Or Separation

August 3 2017
A divorce or separation can be hard not only for you but can be especially hard on your children. It is important that during and after a divorce or separation your child feels as safe and comfortable as possible to help them emotionally transition...
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3 Questions You Should Ask Your Divorce Lawyer

June 21 2017
When you’re going through a divorce, emotions run high. It can be easy to get distracted by the personal affronts that you feel you’ve endured from your spouse. But this is the time when you need to be savvy about being sure to take care...
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What Should I Look For In A Divorce Lawyer?

May 22 2017
If you're looking for a divorce lawyer, it's important that you do your research and choose carefully. Your lawyer will represent you during the process of dissolving your marriage, dividing your property and resolving custody matters. It is...
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Benefits Of Hiring A Child Support Lawyer

May 1 2017
Are you trying to chase down your ex-spouse for child support? Or maybe you just endured the pain of a bitter divorce and are struggling to collect the monthly payment. In either case, you and your child do have rights and it's time to exercise...
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Qualities To Look For In A Family Law Firm

March 24 2017
Looking for a family law firm can be a stressful time in one's life. Dealing with family legal issues often means tensions and emotions are running high. It is imperative that you find a family law firm that has the most important qualities one...
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Tips For Making Joint Custody Work

February 15 2017
Joint custody is designed to give kids the best of both worlds by making sure they have time with both parents. However, parents know that working together after a divorce can be a bit challenging. While you cannot plan for everything that lies in...
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Terms for Child Custody and What They Mean

February 2 2017
When children are involved in a divorce procedure, the issue of custody can be confusing. The first step to figuring out what the best custody arrangement is for the children is to understand what the different options are. These are the most common...
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At What Point Should I Hire a Divorce Attorney?

January 10 2017
Unfortunately, divorce is just as much a reality of society as marriage is. While divorce is never easy, some divorces can be more difficult than others. Many times, it might be necessary to hire a divorce lawyer if the couple is having trouble...
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How is Child Custody Determined in Michigan?

November 29 2016
While the laws may differ in fine detail in various states, there is one overriding principle that is followed in all cases. The principle that is followed is simple – do whatever is in the best interests of the child (or children). A child...
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How Does Separation Affect Property Rights and Custody Rights?

October 3 2016
To be considered “legally separated,” a court will issue a judgment to help manage the assets and custodial rights of a couple who are still married, but living separately. When a couple separates, many issues can arise during...
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What To Expect If Supervised Visitation is Ordered in Your Divorce Case

September 1 2016
If you end up only being able to see your child through supervised visitation after a divorce, this can be extremely frustrating. This typically takes place when the parent who is under the order has a history of being neglectful or abusive,...
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Does a Legal Separation Protect Someone From The Debts of Their Spouse?

July 28 2016
Going through a separation and divorce is one of the most stressful things that a person can go through. Few people really understand the legalities of a legal separation, however. Because you and your former partner haven’t gone through the...
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The Difference Between a Legal Separation and Divorce

June 30 2016
There are a lot of similarities between a legal separation and a divorce. On a practical level, there are few differences - you still have to negotiate child custody and support, as well as some other things. The differences is in the...
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What Can I Do to Assure Shared Custody and Prevent Myself from Being in Trouble with Friend of the Court?

June 3 2016
With a shared custody agreement, each parent has about equal custody of the child. With shared custody, both parents have legal and physical custody of the child as a single unit, where they collaborate...
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Is it Possible for Both Spouses to Opt Out of Child Support?

April 26 2016
Going through a child support case, whether it's from a divorce or not, can be extremely tough. It takes a lot out of both parties involved and can end up being a lengthy court case with several ups and downs. But what happens when both spouses...
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What Can I Do If a CPS Worker Lied Under Oath?

April 4 2016
When going through some issue at home with the law, your spouse and/or children, the government has the ability to step in and remove the children from home. This group is known as the Child Protection Services (of CPS) and...
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Do Step-Parents Have Custody Rights?

January 17 2016
For many people, entering into a relationship with someone who has a child from a previous relationship means that you’re forming a bond with the child as much as with the adult partner. This can be extremely tricky if the relationship...
Read More...
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