What Are Your Options if You’re Not Receiving Alimony Payments as Ordered?
Anderson Barkley, LLC frequently speaks with spouses in the Denver, CO area who haven’t received court-ordered alimony payments following a marital dissolution. When one party fails to comply with an alimony decree, the recipient can face mounting expenses, potential debt, and practical hurdles.
There are legal strategies to resolve overdue payments, each of which may involve collaboration with a divorce lawyer for support. Below is a discussion of possible steps under Colorado law to address unpaid alimony, including how to seek enforcement through court orders, garnish wages, or explore modifications if financial circumstances have changed.
Alimony, sometimes called spousal maintenance, is meant to offer financial assistance to a lower-earning spouse after a divorce. If a court determines that these payments are justified, it issues an order specifying the amount, frequency, and duration.
In theory, both parties must comply, but in practice, nonpayment isn’t uncommon when the paying spouse experiences economic setbacks or intentionally chooses to ignore obligations. Understanding how to handle these situations can be pivotal for making sure that the spouse in need doesn’t suffer undue harm.
Having a divorce lawyer can help clarify procedural steps and reduce frustration in holding the nonpaying party accountable.
Review the Existing Court Order
The first step for any spouse not receiving alimony is to confirm what the current decree states about payment timelines, amounts, and obligations. By revisiting the order, one can confirm whether a strict monthly sum is due or whether a lump-sum arrangement was mandated.
Confirm the payment schedule: Some spouses might forget or misunderstand the due date, so it’s wise to see if the order highlights a specific day each month or a bi-weekly approach.
Check any conditions: There may be triggers that modify or end alimony—such as the recipient’s remarriage—so verifying all conditions can clarify whether the paying spouse is in default.
Record missed amounts: List each date the payment was due, and the sums not received, to build a timeline for potential court proceedings.
A misreading of the decree can create needless conflict. Before proceeding with more severe methods, verifying the exact terms makes sure that the other spouse is indeed in violation. In many cases, speaking with a divorce lawyer helps assure accuracy when interpreting the court order.
Attempt Communication First
While not mandatory, some individuals find a conversation or written reminder can resolve an issue of overdue alimony. Perhaps the paying spouse encountered temporary unemployment or overlooked a bank transfer. This informal approach might prompt swift resolution without escalating tension.
Send a polite notice: A short letter or email referencing the exact overdue figure and the due date from the court order can open dialogue.
Propose a catch-up plan: If the paying spouse acknowledges a short-term hardship, the receiving spouse might agree on a brief grace period or partial payments until normal sums resume.
Document all exchanges: Keeping a copy of letters or emails is useful later, especially if legal action becomes unavoidable.
Although many attorneys recommend a direct talk, if the spouse ignoring payments refuses to respond, stronger enforcement measures might be the best recourse. A divorce lawyer can guide how to approach initial contact to maintain a calm but clear tone.
File a Motion for Contempt or Enforcement
If repeated non payments continue, one standard remedy is to request the court’s intervention by filing a motion for contempt or an enforcement petition. Because alimony orders are legally binding, failing to fulfill them can be treated as contempt of court.
Explain nonpayment specifics: Submitting evidence that payments were consistently missed or partially unpaid can guide the judge’s decision.
Request remedies: The motion may seek the overdue amounts, fines, or even incarceration for deliberate defiance. Courts often prefer steps like wage garnishment or property liens before resorting to jail.
Attend the contempt hearing: Both parties present testimony and evidence. The judge reviews reasons for nonpayment and decides on an appropriate action.
Those who go this route often consult a divorce lawyer for help drafting the motion, compiling proof, and preparing for any court hearing that follows. A well-structured presentation can persuade the judge to hold the nonpaying spouse accountable.
Seek Wage Garnishment
Colorado courts can grant wage garnishment if the paying spouse consistently misses alimony. Garnishment allows the receiving spouse to collect funds directly from the nonpaying spouse’s paycheck. This step can bring relief to those who rely on alimony as a primary source of income.
Obtain a court order: Typically, the judge will sign an order permitting garnishment, which is then forwarded to the employer.
Employer obligations: The paying spouse’s workplace must automatically withhold the specified portion of wages and direct it to the recipient.
Monitor compliance: If the employer fails to garnish, the receiving spouse might bring a complaint, but most abide by the court directive.
This method, once in effect, reliably assures that monthly sums arrive. The major hurdle is obtaining the court’s permission, though a divorce lawyer can streamline that process by filing the relevant documents and verifying the paying spouse’s employment information.
Attach Liens on Property or Seize Assets
For spouses who own real estate or maintain significant bank accounts, a more aggressive approach might be placing liens or seizing certain assets to recoup alimony. Though somewhat more complicated, these legal actions can be effective if the paying spouse remains unwilling to comply.
Lien on home: The court can allow an encumbrance on the nonpaying spouse’s house, making it difficult to sell or refinance until alimony debts are cleared.
Bank account attachment: Court orders can freeze funds or allow direct withdrawal of owed amounts if the financial institution honors the directive.
Vehicle repossession or personal property claims: In rare cases, personal items might be seized and sold to satisfy the outstanding alimony.
Because these measures infringe on property rights, courts generally prefer them only when lesser enforcement tools have failed. A divorce lawyer typically warns clients that these steps may take longer to implement but can secure overdue money when other paths stall.
Request Post-Judgment Interest
Colorado law can permit interest to accrue on unpaid alimony obligations. By adding this penalty, courts aim to discourage dilatory or obstructive behavior from the nonpaying spouse.
Add interest to enforcement motions: In the same filing that requests back payments, a spouse might ask the court to apply the legal interest rate from the date each payment was missed.
Calculate total arrears: Combining the base sum with accrued interest can significantly boost the final figure.
Encourage cooperation: The threat of mounting interest may push the delinquent spouse to settle the arrears quickly.
Though obtaining interest might not always be top priority, it can form part of a broader strategy to recoup overdue amounts in full, underscoring the seriousness of ignoring an existing order. A divorce lawyer can confirm the correct interest rate and add it properly in the motion.
Consider Modifications if Circumstances Changed
In some cases, the paying spouse’s income or employment status significantly shifts, making the original alimony terms unrealistic. If a legitimate financial hardship arises, ignoring or refusing payment isn’t the right step—the paying spouse should request an official modification from the court.
Petition for modified alimony: A formal approach can reduce the monthly obligation if job loss or health setbacks make the existing figure unsustainable.
Prove changed income: The court typically expects tax returns, pay stubs, or medical documentation to confirm that the paying spouse can’t meet prior obligations.
Temporary relief: If the situation is short-lived, the court might allow smaller payments for a set period, then revert to the original sums.
By encouraging the paying spouse to seek modification lawfully, it bypasses a standoff that leads to nonpayment and possible contempt. Meanwhile, if no modification is requested, the debt continues to accumulate under the original order, exposing the spouse to enforcement actions.
Challenges to Consider
Though courts readily enforce alimony orders, certain complications can arise, making it harder to collect the full sum in a timely manner. Knowing these pitfalls can help set realistic expectations.
Out-of-state relocation: If the paying spouse moves to another jurisdiction, the process of obtaining wage garnishment or property liens might need additional steps, such as registering the order in a new state.
Self-employed payers: Those without a standard paycheck might hide or shuffle income. Investigators or forensic accountants can reveal hidden funds, though it might prolong the case.
Unstable employment: If the spouse frequently changes jobs or has unpredictable earnings, wage garnishment alone might not fully secure the overdue amounts.
A divorce lawyer can suggest how to adapt the enforcement approach to the payer’s specific financial circumstances, blending garnishment with asset seizure or other measures.
Contact a Family Lawyer Today
The Colorado family law attorney at Anderson Barkley, LLC helps spouses throughout Denver, Jefferson County, Douglas County, Arapahoe County, Larimer County, and Boulder County who haven’t received court-ordered alimony.
By gathering proof of nonpayment, filing the correct motions, and using enforcement tools, the owed sums may be recovered. Reach out to speak with an experienced divorce lawyer today.