Alimony (or spousal payments) is supposed to cover your living expenses following your divorce. But when your ex is refusing to pay court-ordered alimony, you may be wondering how you can hold them accountable.
With help from a Gainesville alimony enforcement lawyer from Bogin, Munns & Munns, you can fight for the alimony payments that you are entitled to. We will do everything possible to hold your former spouse accountable for their financial obligations. You can explore your options during a case review today.
When Is Alimony Awarded in Florida?
Many people assume that when they get divorced, alimony is a guarantee. Florida’s laws do not operate that way. Instead, alimony is only awarded in situations where one spouse earns less than the other and is unable to support themselves financially.
The spouse that earns more than the other may be ordered to provide financial support to the lesser-earning spouse. However, if both spouses are able to support themselves financially, then alimony may not be necessary.
Yet, once alimony has been ordered, the financially responsible spouse cannot refuse to pay. Otherwise, they could face serious consequences – including jail time. Our family law lawyers can explain more when you give our team a call.
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These Factors Are Considered When Calculating Alimony
The Gainesville court system considers these factors when deciding to award alimony:
- Whether domestic violence was present
- Whether either spouse committed adultery
- Both spouses’ marital contributions
- Both spouses’ physical and mental health
- Both spouses’ income and expenses
- Your child custody and support arrangements
- Whether one spouse invested in the education or career of the other
- Both spouses’ earning capacity
Once the court has reviewed the financial records and other divorce-related documentation, they will determine how much alimony should be awarded and for how long.
Types of Alimony That Could Be Awarded
If the courts determine that alimony should be paid in your case, there are several types of alimony orders that could have been implemented. There are multiple types of alimony that could be awarded for a fixed period of time.
Examples include:
- Temporary alimony. Here, alimony is only paid until the divorce is finalized. In some instances, temporary alimony continues for a short time, even after the divorce is official.
- Bridge-the-gap alimony. This generally helps a stay-at-home spouse support themselves as they look for other financial opportunities or means. It is generally temporary.
- Durational alimony. Under Florida Statutes § 61.08, spouses who were only married for a short period of time may also be entitled to financial support. However, the amount of time a spouse can collect durational alimony cannot exceed the length of the marriage.
- Permanent alimony. Here, the higher-earning spouse could be ordered to pay for their spouse’s living expenses for the rest of their ex-spouse’s life (or until they remarry).
No matter what type of alimony order has been implemented in your case, once an order has been issued, both spouses must comply. If your spouse is refusing to adhere to the terms of your alimony order, our team in Gainesville can enforce it.
Gainesville Alimony Enforcement Lawyer Near Me
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How Alimony Is Enforced in Gainesville, Florida
Since alimony is court-ordered, failure to make payments could result in serious consequences, including:
- Wage garnishment
- The seizure of property
- Driver’s license suspension
- Jail time
- Fines
People who continue to make late alimony payments (or cannot reasonably explain why they miss alimony payments) could also face these consequences.
What to Do If Your Former Spouse Is Refusing to Pay Court-Ordered Alimony
If your ex is required to pay alimony, and they fail to regularly make payments, you can take legal action.
You should consider reaching out to our Gainesville alimony enforcement lawyers for help. Here, we will gather all the documentation needed to support your case, such as:
- Bank statements
- Paystubs
- Communication exchanges with your ex
- Social media postings
- Other valid and relevant evidence
If we can show the courts that your ex is blatantly ignoring the state’s alimony order (or that they are otherwise failing to pay alimony), the court may take enforceable action against them.
Prior to doing so, they may give the paying spouse an opportunity to get caught up on payments and continue to make regular alimony payments.
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We May Negotiate a Deal That Benefits Both Parties
Many things may have changed since your divorce. For instance, your former spouse might have lost their job. The details of your custodial arrangement may have been revised.
In either circumstance, if your former spouse is unable to pay alimony, negotiating a different agreement may suit both parties. Here, your spouse can reorganize their funds to pay you.
You might even have financial options in addition to receiving alimony. Once our lawyers in Gainesville review your alimony agreement, we can work on a suitable course of action.
Why Partner with Bogin, Munns & Munns on Your Alimony Enforcement Case?
Pursuing alimony can be an emotionally-charged battle. You may feel uncomfortable facing your former spouse – or not have the mental energy to manage a case on your own.
This is where our team comes in. We will do everything possible to hold the other party accountable for their financial responsibilities. You can trust our lawyers to manage all communications, review all court-related paperwork, and advocate for what you need.
The aftermath of a divorce can be a challenging time for you and your loved ones. Don’t manage the legal process on your own. Take this time to focus on your well-being, and let a lawyer manage everything.
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Contact Our Gainesville Alimony Enforcement Team for Help
You were counting on your ex to pay alimony. Now that they haven’t, your financial stability could be in jeopardy. You are well within your rights to initiate legal action against them.
Get help accessing the alimony that is rightfully yours when you contact a dedicated Gainesville alimony enforcement lawyer at Bogin, Munns & Munns. Schedule your initial consultation today when you call our office at 352-332-7688.
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