If you accidentally forget to make a couple of payments, you are not necessarily going to be in trouble. Ideally, you should never miss a payment. However, if you do, then call up your ex-spouse and tell him or her.


You can say, “Maureen, it’s Gary. You’re probably wondering where the alimony payment was this month. I’m sorry, but I forgot. I’ll send it to you right now.”;
, You aren’t excused from making a payment simply because you forgot. Instead, you need to catch up on your late payments as soon as possible. Depending on your state, you may also have to pay an interest charge on each late payment.If you are having trouble paying alimony because you lost a job or are suffering other financial stress, then you need to ask the judge for a modification. You can’t simply stop making alimony payments.
 You might not be good at remembering to make alimony payments. In this situation, you might benefit from having your wages garnished. With wage garnishment, a portion of your paycheck is withheld and then sent to your ex-spouse.


Wage garnishment is also called a “wage withholding order.”You or your ex-spouse can go to the court and ask how to set up wage garnishment. The court should have forms you can complete.
 There is a difference between missing a few payments because you are forgetful and not paying because you know you don’t have the money. If you don’t have the money, then you need to work out a plan to change your alimony payments.


Your ex might agree to modification. You should call her or him and discuss what has happened so that you can no longer pay alimony.
If your ex-spouse won’t agree, you can probably go into court and ask for a modification. However, coming to an agreement is usually easier.
Check to see whether you can modify your alimony. Some alimony decrees are “non-modifiable.” This means they can’t be changed.You should read your divorce settlement agreement or divorce decree to see if you can modify the alimony.
 Judges use civil contempt to enforce their orders.You may be held in contempt if you repeatedly refuse to make alimony payments. Your ex-spouse will file a contempt motion with the court and send you a copy. You will then have an opportunity to attend a hearing and explain to the judge why you haven’t been making payments.


If you have a valid reason for not making payments—such as you have lost your job—then the judge might have sympathy. However, you shouldn’t wait until a contempt proceeding to bring these issues to the judge’s attention. Instead, file a motion for modification.
 One way a judge tries to get you to comply with their order is to fine you.The judge might fine you a certain amount for each day that you refuse to pay the alimony. These fines can add up, and they accrue on top of the unpaid alimony.


The purpose of the fines is to compel your compliance with the judge’s orders. Once you agree to make alimony payments—and actually do make payments—the judge will stop fining you.
 A judge can also suspend your driver’s license as part of a civil contempt ruling.Losing your license will make it harder for you to work and harder to catch up on late alimony payments.


Nevertheless, the judge might threaten you with losing your license to induce you to promise to pay your alimony.
 As part of contempt, judges can also issue a “writ of execution” on your bank and other financial accounts. This writ allows the court to seize your assets and turn them over to your ex-spouse.The judge can seize savings accounts, checking accounts, and other financial accounts (such as CDs).
You should not try to hide assets. The judge will be able to subpoena financial records from your bank to try and trace where the money has gone.
 The judge may also be able to put a lien on your property and foreclose on it. This means the judge forces a sale and takes the money you owe from the proceeds., A judge might also require that you pay your ex’s attorney’s fees for bringing the contempt proceeding.You will have to pay for his or her lawyer, as well as for court costs (like filing fees).
 In Illinois, for example, a judge can actually extend the amount of time you need to pay alimony if the judge finds you in contempt of court.For example, the initial alimony award might have been for five years. However, your deliberate refusal to pay could mean that you pay alimony even longer.
 A judge can also order that go to jail for refusing to pay alimony.However, jail is usually the last resort, and the judge will try to get your compliance by applying other penalties.In Virginia, for example, you can be imprisoned for up to a year. You may also be required to work while you are in prison., Alimony enforcement varies according to each state.Not all of the techniques mentioned in this section are available in every state. Only a qualified divorce lawyer can advise you about the consequences of deliberately refusing to pay.


If you had a lawyer help you with the divorce, then contact him or her. Ask what is likely to happen if you stop making alimony payments.
You might not have used a lawyer for your divorce. If not, then contact your local or state bar association and ask for a referral., If you lost your job or suffered another financial setback, then you should get documentation. You want to show your ex-spouse and the judge that you can no longer pay your required alimony.


For example, get copies of your termination notice and proof that you are now on unemployment benefits.
If you are self-employed, gather proof that you can’t work as much as you used to. For example, clients may no longer be hiring freelance help. Save emails where you contact former clients looking for work.
You can’t simply refuse to work because you don’t want to pay alimony. If you are able to work (but choose not to), then the judge will “impute” a certain amount of income to you.This means that the judge will assume you can make a certain amount of money—and will treat you as if you already are making that amount of money.
 In most states, you can only modify alimony if there has been a substantial change in circumstances.You should point out as many circumstances as you can that warrant reducing your alimony. Common changes include:


Illness. If you suffered a medical crisis, then you might have high medical bills and/or not be able to work as much as you used to.
Financial loss. In addition to losing a job, you might also have seen a drop of income because of failed investments, a declining stock market, etc.
Changes in your ex-spouse’s lifestyle. You can typically modify alimony if your ex-spouse has moved in or married someone else, or if they have had a change in their financial situation (e.g., got a job).
 If you and your ex-spouse can agree to modify alimony, then you should draft a joint petition and submit it to the court for approval.Check with the court clerk to see what forms you need.File your forms with the court that issued the original alimony order.
Typically, you can get the judge to sign off on your proposed joint petition without appearing in court. However, if the judge has questions, then she or he will schedule a hearing.
 If you can’t pay alimony, you should file for a modification instead of waiting around for a contempt proceeding. Being proactive shows the court that you are serious and trying to meet your obligations.When your spouse won’t agree to a modification, you have to ask the court to give you one. Go to the court where you received your divorce decree. Tell the clerk you want to modify alimony.


You probably have to fill out several forms. For example, you may need to complete a “petition” or “complaint.” There may also be financial forms to complete, such as a “financial affidavit” or “financial statement.” Ask the clerk for all of the forms that you need.
 Enter the information in the form neatly. Use a typewriter or print legibly using black ink. If you need to use extra space, then attach a blank sheet of paper and clearly indicate what part of the form your answer refers to.


Double check your information so that you know it is accurate. You will have to sign most forms under penalty of perjury, so you should double-check all information.
You might also need to sign the forms in front of a notary public.You can find notaries in the courthouse. Show acceptable personal identification to the notary, such as a valid state-issued ID or a passport.
You have to file your forms with the court. Make a copy of all forms and take them (along with the original) to the court clerk.Ask the clerk to file. The clerk can stamp your copies with the filing date.
You will probably have to pay a filing fee. If you can’t afford the fee, then ask the clerk for a fee waiver form.
 You will probably have to attend a hearing before the judge will modify your alimony. Each court handles the scheduling of hearings differently. You should check with the court clerk.


In some courts, you need to give the clerk a hearing date. You then have to notify your ex of the hearing date by completing a Notice of Hearing form, which you can get from the clerk.
In other courts, the clerk will schedule the hearing and notify everyone.
 You have to give your ex notice that you are filing for a modification. Generally, you can hire someone to hand deliver the paperwork to your ex. Check with the court for acceptable methods of service.


In some courts, you can pay the sheriff or constable to make hand delivery.You may also be able to hire a private process server. You can find process servers in the phone book or online.
After making service, the server will fill out an affidavit or proof of service form. He or she will return the completed form to you. You must file it with the court clerk.
 At the hearing, you should explain to the judge why you need to modify alimony. Be prepared to share any documentary evidence that backs up your claim. You should also have witnesses be prepared to testify on your behalf.


For example, you could have a former boss testify that he laid you off and can’t rehire you because the economy is too slow.
Your ex also gets to argue why the alimony shouldn’t be modified. You should listen quietly to his or her argument. If your ex has witnesses testify, then you may be able to ask them questions.At the end of the hearing, the judge will make a decision and sign an order. In some courts, the clerk will fill out the order. However, in other courts, the winning party must complete it.
Notify your ex-spouse.
Catch up on your late payments.
Have your wages garnished, if necessary.
Discuss modifying alimony with your ex.
Understand contempt.
Pay fines.
Lose your driver’s license.
Give up financial assets.
Lose your property.
Reimburse your ex-spouse’s attorney’s fees.
Pay alimony longer.
Spend some time in jail.
Meet with a lawyer.
Document that you can’t pay.
Find other significant changes.
Draft an agreement with your ex.
Get the appropriate court forms.
Complete the forms.
Schedule a hearing.
Serve a copy of your papers on your ex-spouse.
Attend a hearing.
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