For many parties, determining alimony payments can be one of the most frustrating parts of divorce, as the recipient may feel payments are too low, while the paying spouse may believe they are too high. Regardless, it is imperative to honor the court order regarding these matters. However, if your ex-spouse has stopped paying alimony to you, understanding the steps you can take to recover the funds you are owed is critical. The following blog explores what you must know about these complicated matters and why connecting with Los Angeles spousal support attorneys is critical.
How Are Spousal Support Payments Determined in California?
It’s a common misconception that the courts will automatically award a lower-earning spouse support when they divorce. However, this is far from the truth. When a party files for divorce, they can request alimony in the divorce petition or in their response if they have been served. Additionally, simply requesting payments does not automatically mean the court will grant support. They will consider several factors, including the following:
- The income of both parties
- The earning capacity of both parties
- If one spouse put their career on hold to support the other
- The standard of living established during the relationship
- The ability of the paying spouse to afford payments
- The tax implications of alimony
- Any hardship that may be present
It’s also important to understand that it is ultimately the court’s discretion whether or not to grant these payments, and if they are granted, how long alimony will last.
If My Ex Stopped Paying Alimony, What Options Do I Have?
If your ex stops making their court-ordered alimony payments to you, it’s critical to understand what your options are. The first thing you should do is file a motion with the court to enforce the order. Once the court reviews it, they can order your spouse to make up the missing payments, also known as arrears.
If your ex-spouse continues to ignore the court, they may intervene to ensure you receive the funds you are entitled to. One common method to get funds from a noncompliant party is to garnish their wages. Essentially, this means a portion of their paycheck each month will be withheld and paid to you.
Additionally, the courts may find your ex in contempt of court for their continued failure to comply with the court order. This can place them in serious legal trouble, with fines, fees, and the potential for time spent behind bars.
When your ex refuses to comply with the court’s orders, you shouldn’t suffer because of their noncompliance. As such, it’s in your best interest to connect with an experienced attorney who can help you recover the compensation you are entitled to. At the Zitser Family Law Group, our dedicated team is ready to fight for you. Connect with us today to learn more about these matters.
