Spousal Maintenance: What to Do if Your Ex Won’t Pay

Alimony is an important source of financial security in Ohio divorce, as it balances the inequities and ensures the recipient has the support necessary to cope with major life changes. Under Ohio’s spousal support statute, a court may enter an order on alimony after making a determination on the proper division of marital assets. However, a judge can also award spousal maintenance while the divorce is pending, which is important considering the fact that a case could take months or even years to resolve.

Whether an alimony order is entered during the case or part of the final divorce decree, it has the operation of law regarding the payor’s obligations. Refusal to pay is breaking the law, and there are consequences for defying a court order. Even more importantly, there are remedies if you are the recipient who is financially harmed by the misconduct. A top priority should be consulting with an Ohio spousal support lawyer who will assist with enforcing your rights, but a few tips on what to do about non-payment are useful.

• Review Your Alimony Order: Initially, you should carefully read through the court’s order to make sure it is valid, effective, and still in force. Your ex may not be required to pay spousal support if the obligation terminates on some event or date. Plus, alimony ends if the recipient begins cohabiting with another person. Note that your ex would still need to take the matter to court to officially terminate on the basis of cohabitation.
• Collect Evidence: To set the framework for legal action, you will need proof of how the other party’s conduct violates the court’s order. A history of payments received and when they stopped is important. Any text messages, emails, or other communications in which your ex refuses to pay alimony are also useful.
• Consider Working Out an Agreement: While it is frustrating when your ex will not pay alimony, you might review options that would not include going to court. For instance, if you know this person was laid off, lost a job, or became disabled, you might realize that a modification is in order. A significant change in circumstances would justify amending the spousal support order, but you can do this by agreement.
• Filing a Petition in Court: It may be necessary to go before the judge to enforce your right to spousal maintenance. You can file a petition in an existing case, but you can also exercise this option if you are dealing with a final divorce decree. Your goal is to present evidence and testimony about non-payment and request that the court uses its powers of enforcement to ensure you receive the funds.

An Ohio Alimony Attorney Will Enforce Your Rights

It is helpful to review tips on what to do if your ex will not pay spousal support, but trust our team at Fout Law Office, LLC to handle the legal details. To learn more about the legal process, please contact our firm to schedule a consultation at our location in North Canton, OH.