My Alimony Payment is Late—What Should I Do?
Under Florida law (Florida Statutes § 61.08), a spouse may be awarded durational alimony following a divorce. Durational alimony in Florida is a form of spousal support awarded for a specific period based on the length of the marriage.
What happens if your spouse missed a durational alimony payment? You have the right to take action to get what is owed. Here, our Boca Raton alimony lawyer provides a guide to the steps to take if your spousal support payment is late.
Step #1: Document It
Documentation is key to getting your alimony. When an alimony payment is late, you should start by carefully documenting the missed payment—including the court order/agreement, date it was due, the amount, and any prior communication regarding payment. You should try to maintain a comprehensive record of all documents related to alimony. It can include everything from your divorce decree to bank statements to emails/text messages. Keeping thorough records is essential for addressing late payments.
Step #2: Notify Your Spouse
Make sure you notify your spouse that they missed a payment. In many cases, they will obviously already be aware of this fact. At the same time, things can get overlooked. If the alimony is on some type of automatic payment system, there could have been an error. Notice should be provided in writing. At this stage, it is usually best to send an email or text message about the overdue alimony. Save that notification.
Step #3: Consider Options for Resolution
Taking aggressive legal action is not always the best way to get past due durational alimony paid. You should consider all of your available options for a resolution. In some cases, it may be best to try to negotiate some form of payment plan with your former spouse to allow them to catch up on back due alimony. The specific financial circumstances will dictate the best approach. An attorney can help you explore all available options—potentially including mediation.
Step #4: Take Legal Action
Once the court order is put in place as part of your divorce decree, durational alimony is not optional. Your former spouse has an obligation to make timely payments. If they refuse to do so and are not making a good faith effort to get caught up, you can take legal action. In Florida, courts can enforce alimony through various measures, including wage garnishment, asset seizures, and even a contempt of court finding.
Tip for Collecting: Be proactive. The longer you allow a former spouse to fall behind on durational alimony payments unchallenged, the more difficult it will be to collect the full and fair amount that you are due. Do not wait to address delinquent spousal support.
Get Help From Our Boca Raton Alimony Enforcement Attorney Today
At Williams & Varsegi, LLC, our Florida family lawyer has the skills and experience to help you take action to get the alimony that you are owed. If your spousal support payment is late, we are here to help. Call us now or contact our family team online for a completely private, no obligation initial consultation. We provide family law representation throughout South Florida.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
