Yaffa Family Law Group
By: Doreen Yaffa

My Spouse Hasn’t Paid Me My Support, What Can I Do

Agreements, Child Custody, Child Support, Collaborative Divorce, Custody and Support, Divorce, Parenting Plans, Paternity

Navigating the aftermath of divorce can often feel like traversing a labyrinth, particularly when it comes to ensuring that you receive the support payments you are rightfully owed. We comprehend the emotional and financial burdens this situation can impose, and we are here to illuminate the path forward with empathy, expertise, and actionable solutions.

Understanding Your Rights and Options

Divorce agreements typically include court-ordered financial responsibilities such as alimony or child support. But what recourse do you have when these obligations are not met? Florida’s legal framework provides several strategies to enforce these payments, thereby protecting your financial stability.

Contempt of Court: A Clear Message

A prevalent approach in Florida courts for addressing non-payment is holding the delinquent party in contempt of court. This action can result in fines or even temporary incarceration, underscoring the seriousness of adhering to court orders. In more severe cases, the court may mandate incarceration until the overdue support is fully paid, sending a powerful message about the importance of fulfilling financial obligations.

Ensuring Payments Through Wage Garnishment

For a more direct route to securing regular payments, an “Income Deduction Order” for wage garnishment can be highly effective. This method directly accesses the paying spouse’s earnings, ensuring the designated support amount is automatically deducted and transferred, thereby bypassing any potential delays or reluctance.

Broadening Your Enforcement Arsenal

Florida courts provide additional tools to ensure payment and collect overdue support:

  • Property Liens: Imposing a lien on property owned by the paying spouse can effectively freeze its sale until the support debt is cleared.
  • Tax Refund Allocation: Redirecting income tax refunds from the paying to the receiving spouse can cover unpaid alimony.
  • Judgment and Interest: Issuing a judgment not only permits collection of the outstanding support but also mandates the payment of interest on top. This can extend to covering the legal expenses incurred in the enforcement process.

Your Path Forward

If you are encountering difficulties with an ex-spouse who is not keeping up with their support payments, remember that the law is on your side, offering a spectrum of measures to secure what you are owed. From judicial enforcement to practical financial mechanisms, these provisions are designed to safeguard your interests and ensure compliance with court orders.

If dealing with non-payment issues is part of your current situation, reach out to us. Together, we can work towards a more secure and fulfilling future. Your well-being is our utmost priority, and we are dedicated to empowering you through every step of this process.

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