Divorce spousal support payments are sometimes a result of a couple getting divorced when one of the partners offered financial support to the other at his or her own expense. In other words, say you worked a basic job so that your spouse could go to medical school, perhaps with the plan to “trade places” later so that you could, in turn, get training in your chosen field. Now say that a divorce takes place before the deal is finished. You, having sacrificed your income so that your ex-spouse could benefit, may be entitled to spousal support payments. These payments are also called reimbursement alimony, and typically the amount owed can be calculated by the court, which has formulas for putting dollar amounts on the time and sacrifices made by either party. Once the calculations are made, a court order is put in place that outlines the details of the payments, and thus a legally binding contract is made.
Understanding Divorce Spousal Support Rules
As with many types of payments set up through the court system, things don’t always go as planned. Someone may lose a job, or disagree with the agreement, or experience any number of other things that cause him or her to stop making spousal support payments. The same thing can happen with other types of alimony, and with child support payments as well.
There are a few differences in how to go about collecting, though.
- Child support, as most people know, is designed to help financially support any children that the couple share together, and is taken very seriously by the court system. Someone who does not pay child support as mandated is subject to court orders, wage garnishments, judgments, and even jail time.
- Alimony, however, including spousal support payments, is treated slightly differently. The theory is that alimony is paid to support an adult, and so it is theoretically less dire of a situation if it is not paid – the adult, unlike a child, can support him or herself in other manners. But that isn’t to say alimony isn’t taken seriously – just that the methods of collection are slightly different. Court orders and judgments can be handed down on unpaid spousal support and other types of alimony, and in some states, wage garnishment is indeed a viable option. This varies depending on court decisions in your area, however. In some states, while a court order can be sent out demanding the person pay the alimony, no actual garnishment or seizure of assets can take place unless the other spouse can prove the payments are not being made for a malicious reason.
Getting Legal Help
If you need to recoup spousal support payments, your best bet is to speak with a local attorney. Your lawyer can outline your options for pursuing what is owed to you, and represent your interests should the issue be forced to go to trial.
