Divorce is defined as the dissolution of a marriage. It may be a simple definition. But there is nothing simple about divorce. Among the most complicated issues is spousal support. There are many different factors that help determine alimony. But once the court hands down its decision, both parties are required to comply with the conditions in their divorce decree. But what happens when a former spouse refuses to pay spousal support?
What is Spousal Support?
Spousal support or alimony is a legal remedy handed down by the court designed to help a financially weaker spouse get back on their feet and support themselves along with the children. In many cases, one spouse may have sacrificed their career to take care of the children. In other situations, a spouse may have an income significantly less than the other spouse. Alimony not only helps the weaker spouse regain their financial footing, it also allows them to maintain the same level of lifestyle they had during the marriage.
Contempt of Court
When a former spouse refuses to pay spousal support, it is considered contempt of court. Divorce decrees must be followed as written. Any failure to obey with the court’s order can result in serious consequences. If your former spouse is refusing to pay their full alimony requirements, it is vital to seek representation from a spousal support attorney. Your attorney can petition for a contempt of court order. Once the order has been filed, the paying spouse will have the opportunity to contest the allegations.
During the contempt hearing, it is the responsibility of the petitioner to provide sufficient proof the paying spouse is failing to fulfill their requirements. It is important to show present all documentation that shows which payments were received. Should the judge find the paying spouse guilty of contempt, he or she may be forced to pay a certain amount of spousal support that day or within a certain time frame. Failure to do so will result in time jail time.
In addition to jail time, there are other forms of punishment for contempt of court. In some cases, the guilty spouse could be the subject of a wage garnishment. This means funds will be deducted from the guilty party’s paycheck and will be used to account for the missing payments. In other cases, the court may order the suspension of the paying spouse’s driver’s or professional license.
How a Wesley Chapel Spousal Support Attorney Can Help?
Failure to pay spousal support is one of the biggest problems across the State of Florida. But it does not need to continue. The Wesley Chapel spousal support attorneys at DHW Law are committed to helping clients recover the proper amount of alimony they deserve. Attorneys David and Gwen Walkowiak utilize an aggressive and comprehensive approach to help protect the rights of each client and to always look after their best interests. To learn more, contact their Wesley Chapel law office today and schedule a consultation to discuss your case.