If your spouse or former spouse refuses to pay you the alimony you’re owed, you can enforce your rights in court. Under Connecticut law, an award of alimony in a separation agreement, divorce judgment, or stipulation is a legally enforceable obligation. However, before you file a motion with the court, some important steps must be taken.
Contact Your Attorney About Nonpayment
Your lawyer will advise you to document your spouse’s nonpayment by tracking the dates and amounts in a spreadsheet. This information will be used when contacting your spouse and if you have to go to court.
Reach Out to Your Spouse for Payment
It’s best to contact your spouse to try to resolve the issue before going to court. Your attorney will send a demand letter requesting payment and indicating that you will seek legal recourse if payment isn’t received by a certain date. If you can find out why your spouse isn’t paying, you may be able to negotiate a solution allowing you to minimize court and legal fees.
File a Motion for Contempt
If your spouse still refuses to pay, negotiate, or respond to your demand letter, the next step is to file a motion for contempt of court. This notifies the court that your spouse violated the Order to pay alimony. The judge will then order both of you to appear for a hearing and decide whether to hold your spouse in contempt.
To support your motion, you will need to show by clear and convincing evidence, the following:
- There is a clear and unambiguous court order;
- The Order has been violated; and
- The party that violated the Order acted willfully.
Willfulness is important. It means your spouse acted deliberately and intentionally in failing to pay you. If your spouse has a genuine inability to pay, the judge will likely not find contempt. Instead, the judge may order a payment plan or another remedy. Typically, the nonpaying spouse in this situation will seek to modify the support order because of substantially changed circumstances.
If your spouse is found to be in contempt, your spouse will have to pay the full amount owed, and the Order may also include interest and reimbursement for some or all of your legal fees. In some cases, your spouse could also face fines and jail time.
Unfortunately, parties don’t always comply with court orders, especially in divorce. If your spouse isn’t paying support, you should act quickly. Our firm may be able to help enforce the terms of a divorce judgment through a contempt of court action or negotiate a settlement. Contact us to discuss your case.
