Alimony, which is a form of spousal support, is a court-ordered financial obligation that is intended to help spouses who make lower incomes maintain financial stability after a divorce. When alimony payments are missed, it can often lead to significant legal repercussions as a result.
Consequences of Missing Alimony Payments
When you fail to make alimony payments that are required by a court order, the receiving spouse can take legal action against you to enforce the order. Michigan law uses several methods to ensure compliance, including:
Wage Garnishment
One common method of enforcing alimony payments is through wage garnishment, where the court will order your employer to withhold a portion of your wages. The garnished amount is sent directly to the receiving spouse until the arrears are cleared.
Seizure of Assets
When wage garnishment is an insufficient method, the court may seize funds from your bank account or place a lien on your property. Proceeds from the sale of the seized assets will be used to pay off outstanding alimony obligations.
Contempt of Court
If alimony is not paid as ordered, it can be considered a contempt of court charge. This can lead to fines, additional penalties, and potential jail time if the court determines that the non-payment is willful.
License Suspension
Michigan law allows the suspension of a delinquent payor’s driver’s license, professional license, or business license in order to compel compliance with alimony obligations.
Tax Refund Interception
If you are issued any federal or state tax refunds, the state may intercept them and apply them toward any unpaid alimony.
Property Liens
A property lien may be applied to a home or other real estate purchase, preventing its sale or refinancing until the alimony debt is settled.
Felony Non-Support Charges
In more extensive cases where alimony payments are neglected, the Friend of the Court can refer the matter to the county prosecutor, who may pursue felony non-support charges, which can lead to more legal penalties.
How to Handle Alimony Arrears
If you’re struggling to make alimony payments, it’s vital to take immediate action to avoid any legal consequences. Here are some steps to consider:
Request a Modification of Alimony
In situations where your finances have changed drastically, such as a job loss, illness, or other hardship, you can request a modification of your alimony order.
Communicate with Your Ex-Spouse
Try to discuss financial difficulties with your former spouse, if possible. You may be able to reach an agreement for a temporary reduction or alternative payment arrangement that can help you stay compliant.
Seek Legal Assistance
A family law attorney can help you file a petition for modification, represent you in court, if necessary, and negotiate with the Friend of the Court to avoid more severe penalties.
Protect Your Financial Future With Gucciardo Family Law
If you’re behind on alimony and facing legal repercussions, it’s essential to act quickly — and with the right assistance. At Gucciardo Family Law, we provide in-depth legal guidance to help our clients effectively navigate alimony enforcement and modification.
Take control of your financial future and well-being, and contact our team for a free consultation today.
