Alimony helps reduce the financial unfairness of divorce. When couples divorce, they might have significantly different finances or earning power. One spouse might even lack the ability to work due to disability. However, monthly alimony payments can stress financial budgets and prove impossible to keep up with, especially after a job loss.
Below, we look at some of the consequences of not paying alimony. Call Remington & Dixon to speak with a Charlotte, NC alimony lawyer. We can represent clients who are expecting alimony payments, but we can also defend those who are currently in arrears on payments.
Not Paying Alimony Consequences
N.C. Gen. Stat. § 50-16.7 identifies some of the consequences of failing to pay alimony.
Contempt Citation
Judicial orders are not suggestions. When a court orders you to do something, you must comply, and failure can result in civil or criminal contempt citations.
- Civil contempt: You are in contempt until you “purge” the contempt, meaning you comply with the order. As an example, a judge might fine you $100 for each day you fail to make alimony payments. However, you can stop the fines by starting the required payment.
- Criminal contempt: This is a punishment for not complying with the court order. A judge might fine the defendant or even send them to jail in extreme cases.
Wage Garnishment
A court might order that the paying spouse’s wages or salary be garnished. The employer will withhold a certain amount and send it to the court or the receiving spouse. Wage garnishment can be embarrassing because your employer will find out that you are not paying alimony as required.
Property Liens
A court may place liens on either real or personal property. When property is encumbered by a lien, the lienholder must be paid when the property is sold.
Suppose your ex has a home. A judge could put a lien on the property, so when it is sold, you are paid out of the proceeds. In some situations, you might be able to force a sale of the property so you get your lien paid.
Receivership
The court might appoint a receiver to take control of certain property to satisfy the alimony order.
Other Consequences
Some ex-spouses will face other consequences:
- Credit reporting. Your failure to pay might be reported to the credit bureaus, which can negatively impact your credit history.
- License suspension. The state might suspend various licenses, including a driver’s license or professional licenses. Failing to pay alimony could prevent someone from obtaining a license, like a bar license.
Reach out to Remington & Dixon if you have questions. We can help a spouse who is not paying alimony as required think through what steps a judge might take. And if you are the person expecting alimony payments, we can strategize how to bring your ex’s failure to pay to the court’s attention.
What Happens if You Don’t Pay Alimony?
In most situations, it’s up to the receiving spouse to bring non-payment to the court’s attention. The court will not carefully scrutinize or supervise payment on its own initiative.
For example, the receiving spouse might need to file an action in court to seek contempt or another remedy. Once the motion is filed, the court will invite the defendant to respond to the allegations.
If you have not paid alimony as required, you are in arrears. You might face any of the consequences listed above. We highly recommend that you meet with an attorney to discuss why you have not paid. A court will not take any action (including contempt) without first hearing from you. You get to share your version of events.
Some people fail to pay alimony because they suffer from job loss or illness. They stop working, and they can no longer afford payments. Nonetheless, you have an obligation to pay until a judge modifies the order.
Modifying Alimony
The court may modify an alimony award when there has been a substantial change in circumstances, such as:
- Involuntary job loss. You might lose your job in a restructuring. This usually qualifies as a substantial change, provided the job loss was not voluntary.
- Remarriage. An ex-spouse loses the right to alimony in most cases when they remarry.
- Disability or illness. A paying spouse might have fallen sick or become injured, which impairs their ability to earn income. The court might modify alimony.
- Retirement. In some situations, retirement will also be a sufficient reason to modify alimony. A court will look at the circumstances, such as your age. You probably cannot retire early and seek modification.
- Cohabitation. A court might also modify alimony if the receiving spouse starts living with a new romantic partner.
Work closely with an attorney to fully document the change. It is up to the spouse seeking modification to prove the change was substantial and continuous.
Call a North Carolina Alimony Lawyer
Remington & Dixon, PLLC, has helped many clients with post-divorce issues, including disputes regarding the non-payment of alimony. Let us advise you of legal options and get started representing your interests. You may call us to schedule a private consultation. We have helped those in the 28207 zip code and surrounding communities in Mecklenburg, Cabarrus, and Union County. Contact us today for a consultation.
