Spousal Supprt

[TOler]

My ex and I have been divorced for approximately 3 years. Neither of us had an attorney for the divorce. He was ordered to make monthly payments to me for approximately 5 years to help go towards a second mortgage that was taken out on my house. Last month he sent me a letter stating that in January he would be making his last monthly payment to me as he could no longer afford to make these payments to me. This was a court order and he can't just decide not to make the payments. Can I get his wages garnished if he stops making the payments? If not, what can I do?

 

[dorenephilpot]

If he stops making the payments, in violation of the court's order, he could be found in contempt.

Once he stops, you need to file a motion with the court requesting a hearing on this issue.

People cannot decide willy-nilly to disobey court orders because they cannot "afford" to keep paying.

If he is found in contempt, he could be ordered to pay your attorney fees and might spend a little time in jail.

Usually, though, the courts want to give him a chance to make good on what he owes first.

And, yes, the payments can be done through income withholding, which the court could order, if you ask for it at your hearing.

Best of luck to you!