Austin Spousal Support Enforcement

It is not uncommon for couples to have disparate incomes, with one party making substantially more than the other. When these spouses divorce, the party who makes less is often left without the resources needed to meet their basic needs. The court has the power to award spousal support in these situations to ensure that the individual has a chance to live independently and support themselves.

Unfortunately, not everyone makes the payments ordered by the court. If your former partner is not keeping up their end of the divorce decree, it may be time to consider your Austin spousal support enforcement options. A dedicated alimony attorney from our firm could help guide you through this process.

When To Act

It can be confusing when a former spouse suddenly stops making court-ordered payments. While there are times when a refusal to comply might not be out of character for them, other situations are genuinely perplexing. This might be the result of an honest mistake or the genuine lack of ability to make the current payment. There might also be confusion involving this process, especially if the order was recently entered.

One of the ways an attorney in Austin could assist with spousal support enforcement is by attempting to resolve the issue amicably with the other side. Even when the failure to pay was intentional, a lawyer may be able to reason with the former spouse and get the payment arrangement back on track. Resolving these issues without the need for legal action is a best-case scenario.

How Support Orders are Enforced in Austin

The unfortunate reality is that not all Austin spousal support collection efforts go smoothly. There are times—especially when conflict exists—when the only way forward is through court intervention. This can be done with a variety of tools like motions for contempt, orders for income withholding, and writs of execution.

Contempt of Court

Any time a person refuses to comply with a court order, they may be found to be in contempt of court. Orders relating to spousal support are no exception. To start these proceedings, a person must file a motion with the court alleging a failure to pay and requesting an order of contempt.

The judge will hear evidence establishing that payments were not made, and they will also consider the explanation from the other party. The judge could call for fines, jail time, attorney fees, and different types of sanctions.

Income Withholding

Another tool available involves withholding amounts from an ex-spouse’s paycheck via garnishment. Employers are required to withhold some but not all of their earnings for this purpose.

Writs of Execution

These writs can be used to seize personal property owned by the former spouse. These items, which can include seizing money from bank accounts or the contents of a safety deposit box, allow for liquidating these assets to pay the obligation.

Talk to an Attorney in Austin About Spousal Support Enforcement

If you have not received the alimony payments required by the court, you have different enforcement options available to you. Your attorney could work with the other side to negotiate a resolution or file a motion with the court to adjudicate these matters. Reach out to a lawyer today to discuss Austin spousal support enforcement options.