Alimony: Why Have My Payments Stopped? What Can I Do?
Alimony: Why Have My Payments Stopped? What Can I Do?
Alimony | S.G. Morrow & Associates, P.A.
Divorce can bring significant emotional changes, even when both parties cooperate. Individuals who have paused their careers to raise children or support a spouse may face added financial challenges. Adjusting to a new financial situation without your former spouse’s income can feel daunting. Alimony, while sometimes misunderstood, plays an important role under Florida law. If your earning capacity decreased because you spent time out of the workforce or cared for a child with special needs, the court may award alimony to help you maintain a reasonable standard of living. According to Florida Statute § 61.08, the court reviews both the need for support and the other spouse’s ability to pay, considering factors such as the length of the marriage, standard of living, and each party’s financial resources. But what options are available if these important payments suddenly stop?
Whether you are considering a divorce or are already navigating the process, working with knowledgeable legal counsel can be highly beneficial. At S.G. Morrow & Associates, P.A., we guide clients through the intricacies of Florida’s alimony laws, which include temporary, bridge-the-gap, rehabilitative, and durational alimony.
Bridge-the-gap alimony, under Fla. Stat. § 61.08(5), is limited to two years and cannot be modified in amount or duration once awarded. As of July 1, 2023, permanent alimony is no longer available in new Florida cases; however, existing permanent alimony orders remain in place unless the court modifies them due to a substantial change in circumstances. Rehabilitative alimony generally has a five-year limit unless the court finds exceptional circumstances to extend it, and recipients are generally required to submit a written plan outlining their goals and steps for self-support through education or training. Durational alimony is not available for marriages under three years; however, rehabilitative and bridge-the-gap alimony may still be considered in such cases if the statutory requirements are met. For marriages of 3–10 years, durational alimony may be awarded for up to 50% of the marriage’s duration; for 10–20 years, up to 60%; and for marriages over 20 years, up to 75%. These are maximum caps and not entitlements. The court may extend these limits only in exceptional circumstances and must make specific findings on the record to justify the extension. Under Fla. Stat. § 61.08(8), durational alimony payments may not exceed 35% of the paying spouse’s net income after allowable deductions. Florida law bases alimony calculations on net income, not gross income, to better reflect each party’s financial situation.
Our attorneys work to help clients protect their financial interests. Consulting with an attorney can provide clarity and support during this time. Contact S.G. Morrow & Associates, P.A. to schedule a confidential consultation and take your next steps with confidence.
Take Legal Action to Recover Your Alimony Payments Now
Call S.G. Morrow & Associates, P.A. at (786) 558–4950!
(786) 558–4950!
What to Do When Alimony Payments Stop
If alimony payments stop in Florida, you have the option to seek enforcement of your divorce decree. You can file a Motion for Contempt with the court, which may hold the paying spouse accountable for not meeting court-ordered obligations. Additional enforcement methods, which require court approval, may include wage garnishment, judgment liens, or writs of execution.
When reviewing your case, the court will consider whether the non-payment was willful — meaning your former spouse had the ability to pay but chose not to. In such cases, the court may impose penalties such as wage garnishment, asset seizure, or, in rare situations, the court may order jail time, but this is typically a last resort and subject to judicial discretion. If the paying spouse shows an inability to pay, the court may decide not to impose contempt penalties. Each situation is unique, and the court evaluates the specific facts before determining any enforcement actions.
Failing to pay court-ordered alimony may result in legal consequences such as wage garnishment or, in limited cases, contempt proceedings. The court reviews each case individually to promote compliance with alimony orders and to help support the financial stability of the receiving spouse.
Determine if the Payments Are Truly Delinquent
Before pursuing legal action, verify that the alimony payments are actually late. Delays may occur for reasons such as bank processing issues, job changes, unexpected medical expenses, or temporary job loss. Review your divorce decree for information on due dates, grace periods, and payment methods. Keep a record of all missed or late payments. If a payment is only a few days late, a polite reminder to the paying spouse may resolve the issue. However, consistently missed or late payments may indicate ongoing noncompliance. Maintaining detailed records of each missed or late payment can help support your case if you need to seek legal enforcement.
Contact an Attorney
If alimony payments have stopped, reach out to a Florida family law attorney. An attorney can review your divorce decree, explain your legal rights, and outline your enforcement options. They can help collect necessary documents, such as bank statements or records of missed payments, communicate with your former spouse, and guide you through the legal process. Having legal representation can support your case and help avoid procedural errors, especially if you expect challenges or need to address complex financial issues.
File a Motion for Contempt
A Motion for Contempt is a legal request asking the court to enforce the original alimony order. You must present evidence that your former spouse had the ability to pay but willfully refused to comply, which the court will evaluate based on the totality of circumstances. If the court agrees, it may impose penalties such as fines, wage garnishment, asset seizure, or, in rare cases, jail time. The court’s goal is to compel compliance with the order, not to impose punishment. The court may also order the delinquent spouse to pay reasonable attorney’s fees, depending on the facts of the case. Filing this motion signals to the court that an enforcement action is necessary to uphold your rights.
Explore Other Enforcement Options
Florida courts provide several methods to help enforce alimony orders when a spouse does not comply. The court may order wage garnishment, which directs payments directly from the paying spouse’s paycheck. If the paying spouse has valuable property, bank accounts, or tax refunds, the court may authorize asset seizure (execution) or place liens on property to address unpaid amounts, subject to court approval. You can also consider negotiation, such as arranging a payment plan or a temporary adjustment outside of court. If both parties are cooperative, this approach may offer a faster, more affordable, and less confrontational resolution.
Frequently Asked Questions
- What Should I Do if My Ex-spouse Stops Paying Alimony?
If your ex-spouse stops paying alimony in Florida, document the missed payments and consider contacting a family law attorney. You may file a Motion for Contempt with the court to enforce the order. The court may impose penalties like wage garnishment or asset seizure to recover unpaid support. Acting promptly may help protect your legal rights and improve your chances of receiving continued financial support.
- What Happens if My Ex-spouse Cannot Afford to Pay Alimony?
If your ex-spouse can no longer afford to pay alimony, they must file a formal petition with the Florida court to request a modification. Modification is not automatic; the court will review the petition and supporting evidence. The paying spouse must demonstrate a substantial, permanent, involuntary, and material change in circumstances under Fla. Stat. § 61.14, such as a disability or long-term job loss, to justify a modification. The court must approve any modification before any change in payment amounts takes effect. Non-payment without court approval may lead to enforcement actions. Unless and until the court grants a modification, the paying spouse remains obligated to comply with the original order. Non-payment could result in enforcement actions, even if they are struggling financially.
- Can Alimony Be Stopped if I Remarry?
In Florida, most forms of alimony, such as durational and bridge-the-gap alimony, may be terminated upon the recipient’s remarriage, but the paying spouse must petition the court for termination; alimony continues unless and until the court approves the change. Rehabilitative alimony may also terminate upon remarriage, depending on the court’s order and the specific circumstances. Even without remarriage, if the recipient is in a supportive relationship, as defined under Fla. Stat. § 61.14(1)(b) (such as cohabitation with another person), the paying spouse may petition the court for modification or termination of alimony. The court will consider various factors and make specific findings before making a decision. Always report changes promptly to avoid complications or overpayments.
- What if My Ex-spouse Is Hiding Assets to Avoid Paying Alimony?
If you believe your ex-spouse may be hiding assets to avoid alimony obligations, speak with a Florida family law attorney. The court can require financial disclosures and may authorize the use of forensic accountants to identify concealed income or property. Hiding assets may be treated as fraud and can lead to serious legal consequences, including fines, contempt findings, and retroactive payment orders to address any unpaid support.
Family Law Attorney in Florida
If your alimony payments have stopped, please act promptly. Document the missed payments, notify your former spouse, and consider consulting an attorney to explore your options. Florida courts take alimony obligations seriously and have a range of tools to help enforce payment, including wage garnishment, asset seizure, and contempt of court. You may safeguard your financial future and pursue the financial support that may be available to you under Florida law based on your court order and financial situation.
S.G. Morrow & Associates, P.A. can help you pursue the alimony payments you may be eligible to receive based on the terms of your court order and Florida law. If your ex-spouse has stopped paying, their experienced family law attorneys will review your court order, gather necessary documentation, and take appropriate legal action on your behalf based on your situation and the court’s procedures. It may include filing a motion for contempt, seeking wage garnishment, or asset seizure. Under Florida law, you can hold your ex-spouse responsible and safeguard your financial rights with their help.
Schedule a Confidential Consultation Today
Call S.G. Morrow & Associates, P.A. at (786) 558–4950!
(786) 558–4950!
S.G. Morrow & Associates, P.A.
11900 Biscayne Boulevard, Suite 260, North Miami, FL 33181
(786) 558–4950
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. You should not act or rely on any content herein without first consulting a licensed attorney in your jurisdiction. Viewing or interacting with this material — including submitting a form, sending a message, making a call, or leaving a voicemail — does not create an attorney-client relationship. That relationship is only established through a mutually executed engagement agreement. Legal requirements vary by jurisdiction and are subject to change. Always consult a qualified legal professional regarding your specific circumstances.
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