Enforcement Of Alimony Awards

Have you been awarded alimony and yet have not received it? For situations in which the person ordered to pay alimony—the supporting spouse—has become delinquent in payments or simply refuses to pay, the law offers a few remedies for the dependent spouse to recover what is owed to her or him. First, you should notify the court that awarded the alimony. The court will then have a number of options for dealing with it, including

Have you been awarded alimony and yet have not received it? For situations in which the person ordered to pay alimony-the supporting spouse-has become delinquent in payments or simply refuses to pay, the law offers a few remedies for the dependent spouse to recover what is owed to her or him.

First, you should notify the court that awarded the alimony. The court will then have a number of options for dealing with it, including:

  • ordering the amount to be paid in a lump sum payment to the dependent spouse;
  • placing a lien against the supporting spouse's real or personal property to secure payment;
  • withholding income;
  • levying a bank account;
  • transferring title of property to the supporting spouse; and/or
  • holding the supporting spouse in criminal contempt of the court's order.

If the court determines the supporting spouse to be in contempt, he or she will then be subject to the NC arrest and bail provisions.

In such situations, the law considers dependent spouse to be a creditor, granted with all rights typically granted creditors under state law in enforcing judgments against nonpaying parties. The dependent spouse may have to notify the court of the supporting spouse's delinquency through filing a motion for contempt.

If you are seeking alimony or need to enforce an alimony award and would like to speak with an experienced family law or divorce attorney, please call our Concord, NC office today.

This article is for informational purposes only and should not be considered or substituted as legal advice.