Alimony or spousal pension is nothing more than the payment of a monthly amount of money established by the court during a divorce process, from one spouse to another. In today's blog we are going to be talking about what happens if you do not meet the obligation to pay alimony or spousal support.
During the divorce process, the judge may order one spouse to pay the other a certain amount of money each month in alimony or spousal alimony. The amount and duration of this will be determined according to the possibilities of the paying spouse, the needs of the receiving spouse, the professional training of both, the care of the children during the marriage, the length of time the marriage lasted, among others. For more information regarding the different types of alimony or spousal pension, you can visit our YouTube channel.
Now, when the court establishes alimony, it does so through a court order. Since the obligation comes from a court order, the person found to be in violation of this order, the court could find him in contempt, which could result in fines, or even prison time. This option is one of the last ones used by the court, since this is not solving the problem of the spouse who should receive the alimony.
The most common actions taken by the court to enforce the payment of alimony or alimony between the spouses include: the garnishment of the salary of the person who is obliged to make the payment to satisfy the debt. The judge could also seize properties which can include bank accounts, real estate that are used for rent, dividends from investment in the stock market, among other types of property. A lien could also be placed on the property that constitutes the obligor's personal home, in this way, he or she will not be able to sell it until the debt is satisfied. Finally, the court can order that the money received from the refund in the tax return, be used to satisfy the debt of the alimony.
Unfortunately, alimony debts between spouses cannot be forgiven in any bankruptcy court. In addition, these debts could accrue interest, so that the person obliged to make the payment could be forced to pay more, if there is a default.
Finally, it should be noted that, if your spouse is forced to appear in court and request the same payment of alimony that you are not making, most likely, the court will also sanction you with the payment their attorney's fees and procedural costs.
If for any reason, you cannot pay the amount of alimony or alimony between spouses that was established by the court, contact a family lawyer immediately, so that he can evaluate your case, and indicate the best strategy to follow.
In Y. Morejon Attorney, P.A. we work family cases, and we can help you with yours. Do not waste another minute and call to schedule your first free consultation. In Y. Morejon Attorney, P.A. your problem is our problem.
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