Divorce is never easy, and financial disagreements can add layers of complexity to an already challenging process. Alimony, or spousal support, is often a crucial component of a divorce settlement intended to help the lower-earning spouse maintain a reasonable standard of living. But what happens if your ex refuses to pay the support ordered by the court? Understanding your rights and the steps you can take to enforce an alimony order is essential. At Regele Law, LLC, we are committed to guiding you through this difficult time and ensuring you receive the support you’re entitled to.
Alimony in Oregon: How It Works
In Oregon, spousal support, is categorized into three types:
- Transitional Support: This type helps the receiving spouse get the education or training necessary to re-enter the workforce.
- Compensatory Support: This is awarded when one person has significantly contributed to the education, training, or career advancement of the other.
- Spousal Maintenance: This is ongoing support meant to help the receiving party maintain a standard of living similar to that enjoyed during the marriage.
The court considers various factors when determining the type, amount, and duration of alimony, including the length of the marriage, the standard of living during the marriage, the age and health of both parties and each spouse’s earning capacity.
Reasons for Non-Payment of Alimony
There are several reasons why a person might refuse to pay spousal support:
- Financial Hardship: Your ex might be experiencing financial difficulties, such as unemployment or unexpected expenses.
- Intentional Non-Compliance: Some spouses refuse to pay alimony out of spite or anger.
- Belief in Changed Circumstances: Your ex may believe that a significant change in circumstances (e.g., your remarriage or cohabitation) nullifies their obligation to pay.
- Misunderstanding: Non-payment can sometimes result from a misunderstanding of the terms of the alimony order or changes in the law.
What Should You Do If Your Spouse Doesn’t Make Alimony Payments?
If your ex refuses to pay alimony, it’s crucial to act quickly to protect your financial stability. Here’s a comprehensive guide on what you can do:
1. Review Your Support Order
First, carefully review the support order issued by the court. Make sure you understand the terms and whether any conditions might have changed, such as a clause that ends payments if you remarry or your ex-spouse experiences a significant financial change.
2. Communicate with Your Ex-Spouse
Before taking legal action, try reaching out to your ex to discuss why the payments have stopped. Sometimes, a simple conversation can resolve the issue, especially if there’s been a misunderstanding or temporary financial hardship.
3. Keep Detailed Records
Keep detailed records of any missed payments, including dates and amounts. This documentation will be important if you need to take legal action.
4. Consult with a Family Law Attorney
If your spouse refuses to pay or you can’t resolve the issue through communication, contact your attorney. They can advise you on the best course of action and help you file a motion to enforce the alimony order.
5. File a Contempt Motion
If your spouse willfully does not pay alimony, your attorney may suggest filing a contempt motion with the court. This legal action asks the court to enforce the alimony order, which could result in penalties for your spouse, including fines or even jail time.
Enforcing Alimony Orders
Oregon law provides several enforcement mechanisms to ensure compliance with support orders. If your spouse refuses to pay support, the court can employ various methods to compel payment:
- Wage Withholding: The court can order your ex-spouse’s employer to withhold a portion of their wages and send it directly to you. This method is often effective because it removes the responsibility from your ex-spouse and ensures regular payments.
- Property Liens: As mentioned earlier, the court can place a lien on your ex-spouse’s property. This means that they cannot sell or refinance the property without first paying the overdue alimony. This can be a powerful incentive for compliance.
- Contempt of Court: If your ex-spouse continues to refuse payment, the court can hold them in contempt. Contempt of court is a serious offense that can result in fines, jail time, or other penalties. The threat of jail time is often enough to compel payment.
- Seizure of Assets: The court can order the seizure of your ex-spouse’s assets, such as bank accounts, investment accounts, and other property, to cover the unpaid alimony. This ensures that you receive the support you are entitled to.
- Intercepting Tax Refunds: The court can intercept your ex-spouse’s federal and state tax refunds to cover the overdue alimony. This is an efficient method of collecting the money owed to you.
It’s important to act promptly, as delays in addressing missed alimony payments can complicate enforcement efforts. Consulting with a legal professional will provide the most tailored advice for your specific situation.
Professional Legal Help for Alimony Disputes in Oregon
Facing a spouse who refuses to pay spousal support can be incredibly stressful and challenging. However, there are legal avenues available to ensure that you receive the financial support you are entitled to. By understanding your rights, documenting missed payments, and seeking legal advice, you can take steps to enforce the alimony order and protect your financial well-being.
At Regele Law, LLC, we specialize in family law and are dedicated to helping our clients navigate complex spousal support issues. If you’re facing non-payment of alimony or need assistance with modifying a support order in Oregon, our experienced attorneys are here to provide the guidance and support you need. Contact us today to schedule a consultation and take the first step toward resolving your concerns.
