Can alimony be changed if it is in serious arrears?
Question Details: My ex has willfully refused to pay his court ordered alimony. It was awarded to me 5 years ago at $400 a month. Since then, he has only paid $1600 into the court. He wants to get the alimony stopped altogether by taking it back before the judge. Will he be found in contempt of court and action taken accordingly against him, by the magistrate? He has had the means to pay yet refuses to. I want to garnish his SSDI payments but am not sure how to go about doing so.
If he can pay, the fact that he is in arrears is NOT a legal ground or justification to change it. Alimony can be changed if due to circumstances beyond the ex-spouse's control, he becomes unable to pay: for example, he had a high-paying job, became disabled, and lost that income and what income sources he has left or gets now are not enough to pay the alimony. But if his income is enough for the monthly payments, he has to pay and the court can force him to do so.
SSDI can be garnished for alimony (SSI cannot be).
You really need an attorney's help with this matter: collection on unpaid alimony arrears, garnishing SSDI, etc. can be very complex. If he only paid $1,600 over the past 5 years, he owes you another $23,400, give or take, at present, and you have $4,800 per year going forward at stake. It is well worth finding the way to retain a family law attorney.
Rate This Answer: (1 Rating)
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to AttorneyPages.com and retain an attorney to represent you.