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Legal Topics > Family > Husband and Wife > Spousal Support or Alimony

Payment of Alimony

Alimony or spousal support arrangements are generally agreed to by divorcing spouses in their marital settlement agreement, or by Court order.  Alimony is paid from one spouse to the other either as monthly payments or a lump sum in cash, checks or even money orders.  Unacceptable forms of payment include debt, property or services.

What Happens if a Spouse Refuses to Pay Alimony?

If the paying spouse fails to pay alimony in a full or timely manner, possible avenues of recourse include:

  • Contacting the county's proper department of revenue for enforcement assistance
  • Retain a lawyer to file a motion for contempt for court-ordered payments
  • File your own motion for contempt using the proper forms approved by that State

Once the court orders that alimony is to be paid, failure to pay is disobeying a court order, otherwise known as contempt of court. The following remedies are available to the person seeking alimony:

  • Wage liens
  • Levies upon real and personal property
  • Garnishment of property
  • Garnishment of wages
  • Court may order the paying spouse to the pay the delinquent amount plus a certain percent interest rate on that amount.
  • Willful failure to pay alimony may lead to a possible increase in the amount or possible imprisonment (depending on the state)

What are the Taxable Consequences of Alimony (if any)?

If alimony payments in any year are reduced by $15,000 in the first three calendar years after separation or divorce, part or all of the payments will not be considered deductible and the past payments may be reclassified as income which may be taxed to the person seeking full payment of alimony.

Do I Need to Consult an Attorney?

Relationships between ex-spouses may be tumultuous and can lead to difficult situations. An experienced family lawyer can advise you of your rights and assist you in choosing the appropriate avenue of action for your alimony or spousal support issue.

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Related Articles:
•  Spousal Support - Special Circumstances
•  Spousal Support in Separation
•  Spousal Support in Different States
•  Cohabitation and Spousal Support
•  Spousal Support - Tax Implications
Related Forums:
•  Family Law Forum
Related Blogs:
•  Family Law Blog
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