You spent years out of the workforce, raising your children and running your household. And now you’re single. Due to your history and circumstances, you were awarded alimony in your divorce settlement to help you get back on your feet. You are supposed to receive monthly payments for the next 10 years. However, you haven’t seen a penny to date. When the divorce settlement didn’t end the way he wanted, your angry and resentful ex-husband told you he would never pay you… and he hasn’t yet. It’s been over six months since your divorce settlement and you can't make ends meet.
The Legal Obligation That Is Alimony
Whether the dollar amount and the duration are decided by the court or by mutual agreement of the divorcing couple, the decision is final. In your case, your ex-husband is legally bound to make his alimony payments to you until the decided term ends or until the term is renegotiated in court to either extend the term or to relieve his payment obligation.
Returning to Court
If you haven’t been receiving alimony payments from your financially-capable ex-husband, you may have no other option than to return to court. By requesting that your ex be held in contempt of court, a hearing will likely happen in which a judge will determine if your ex-husband is indeed willfully withholding alimony. If proven so, the judge may find your ex is in indirect criminal contempt and issue incarceration (jail time) for his failure to comply with the terms of alimony. Going back to court is a risk though; you may walk away with less than your original alimony order.
Don’t Go Back to Court Without Representation
At the Law Offices of Paul H. Nathan, we are dedicated to helping women get their fresh start toward a better life, post-divorce. Make sure your interests are protected! Discuss your circumstances with one of our San Francisco spousal support attorneys. To make an appointment, call 415-341-1144.