Westchester County Failure To Pay Spousal Support Attorney
If your former spouse is not paying the spousal support, also known as alimony, that he or she owes you according to a court order, you may have to return to court. Make sure you are represented by an experienced Westchester County failure to pay spousal support attorney with Kimberly Pelesz New York Law, LLC. You and your lawyer will provide evidence that your ex-spouse has not made payments, complete payments, or on-time payments, and you may explain to a judge how your ex-spouse’s failure to pay is impacting you. If you need help obtaining the spousal support that is rightfully yours, at Kimberly Pelesz New York Law, LLC, we can help.
WHAT TO DO WHEN YOUR SPOUSE STOPS PAYING
If you stop receiving court-ordered spousal support, try to find out why the payments stopped. Did your ex-spouse lose a job or have a substantial loss of income? Perhaps your ex-spouse has a serious illness that has greatly impacted his or her ability to function on a daily basis. If this is the case, it is in both of your best interests to petition for a modification of the spousal support. Keep in mind that the supporting spouse should never just stop paying your support. If a modification is needed to decrease the support, it is the supporting spouse’s responsibility to petition for this modification, not yours. However, if there is no justifiable reason for why the payments have stopped, you will need to go back to court to recover the money that you deserve.
You will need to file a motion with the help of your Westchester County failure to pay spousal support attorney. The motion will ask the judge to require that your ex-spouse continue making payments and make up for the payments that have been missed. If the judge grants you a hearing, you will need an experienced Westchester County failure to pay spousal support lawyer by your side to defend your rights and fight to achieve the best outcome possible.
HOW COURTS HANDLE SPOUSES WHO FAIL TO PAY
It is never acceptable to stop paying spousal support unless you are permitted to do so by the court or your ex-spouse remarries. By not paying spousal support, the supporting spouse is directly violating a court order which is a very serious offense punishable by law. Courts have a number of different options when it comes to handling the spouse who has violated the court order and retrieving the money that is owed to the receiving spouse.
The judge may hold the spouse who has stopped paying in contempt of court. When this occurs, the judge will most likely issue an order that demands the spouse pay any missed payments. The judge may also issue an additional fine for failing to keep up with the payments in the first place. If the supporting spouse continues to miss payments even after this takes place, the judge may resort to sending the spouse to jail for failing to comply with a court order.
Another option would be for the judge to begin withholding the supporting spouse’s income. The spouse’s employer will be notified of the court order and required to withhold a certain amount from each paycheck to be sent directly to the receiving spouse. This plan will remove the supporting spouse from the equation to ensure that the payments are made as long as he remains employed. However, this does not work for any spouse who is either unemployed or self-employed. If the supporting spouse is self-employed, the court may require that he set up a trust to put money into for spousal support.
Yet another option would be to award the receiving spouse a portion of the supporting spouse’s bank accounts, financial investments or other assets. This is typically only done when withholding income is impossible or not enough to recover missed payments.
Finally, the judge may also issue a judgment to the supporting spouse that demands he pays the full amount that is owed plus any interest. The judge may also require the supporting spouse to pay the receiving spouse’s attorney fees that were incurred during the efforts to receive spousal support.
If you are handling issues related to someone failing to pay spousal support, contact an experienced Westchester County failure to pay spousal support lawyer as soon as possible. You will need an attorney by your side during every court hearing that you attend to recover the spousal support you deserve. Don’t wait any longer to get the legal assistance you need to recover the support you are owed.
WE LISTEN, AND THEN WE HELP
An experienced Westchester County failure to pay spousal support lawyer will understand the frustration and confusion you may feel when you are not receiving the payments the court has ordered. New York provides several ways to compel spousal support payments; garnishing wages and intercepting tax refunds are among the possible options. If none of these methods are effective, a judge may charge a delinquent ex-spouse with contempt of court. Let an experienced Peekskill family law attorney with Kimberly Pelesz New York Law, LLC take legal action on your behalf if your ex-spouse isn’t obeying the court’s order.
LET US WORK FOR YOU
Our attorneys know how frustrating it can be when you aren’t receiving the support you need and deserve; we routinely represent clients in your situation. Every one of our clients and prospective clients is treated with complete respect and extended every possible courtesy. Contact Kimberly Pelesz New York Law, LLC promptly for a free initial consultation if you are not receiving court-ordered spousal support payments. With offices in Peekskill and Poughkeepsie, we serve New York clients in Beacon, Fishkill, Wappingers Falls, Newburgh, Tarrytown, Greenburgh, Westchester County, Dutchess County, Putnam County, Orange County, and Rockland County. To learn more about how an experienced Westchester County failure to pay spousal support lawyer can help you obtain the spousal support payments that you’ve been awarded, email us or call us promptly at (914) 402-4541.