For many couples, alimony is a contentious and often frustrating part of the divorce process. This is often because the recipient spouse may feel as though the payment is not enough, while the paying spouse may feel as though it’s too much. As such, this may lead to the paying spouse refusing to make the court-ordered payments. If this reflects your circumstances, it’s imperative to understand the steps you can take to recover the alimony you are entitled to if your ex won’t pay. The following blog explores these matters and the importance of working with Long Island alimony lawyers to discuss your circumstances and fight for the alimony you deserve.
How Is Alimony Calculated?
Above all else, it’s critical to understand that, in Long Island, like in other states, alimony is based on need. As such, the lower-earning spouse does not automatically receive alimony as part of the divorce agreement, as the court must examine a number of factors to determine if spousal support is necessary. Additionally, the court will not order alimony or even consider whether or not to award it unless a spouse requests it as part of the divorce decree.
In order to determine whether or not alimony should be awarded on Long Island, the courts will consider a number of factors. These include, but are by no means limited to, the following:
- The income and earning capacity of each spouse
- The standard of living established during the marriage
- If one spouse put their career on hold to support the other
- The domestic and financial contributions of each spouse
- How much training and education it would take for the spouse to enter the workforce
- The current state of the job market
It’s also necessary to understand that alimony is not intended as a means of punishing the paying spouse. Instead, it is used as a way to help the recipient spouse support themselves until they are able to do so without any financial assistance from their ex-spouse. In fact, the grounds on which divorce is filed will have no impact on whether or not alimony is ordered
What Steps Should I Take if My Ex Won’t Pay Alimony?
In the event your ex will not pay alimony, it’s important to understand your legal options. Generally, the most important thing you can do in these matters is document all instances of missed payments. This can help serve as important evidence of the missed payments. You may also wish to try communicating with your spouse before taking action to attempt to remedy this on your own. If you choose this option, you should limit all communications to text or email to serve as evidence.
If your ex still refuses to make alimony payments, you’ll need to file a motion with the court to hold them in contempt. This is because alimony is a court order, and thus, refusing to pay can have intense legal consequences. If, after reviewing the evidence you’ve gathered, the court finds your spouse in contempt for failing to make alimony payments, they can impose penalties like wage garnishments in order for you to obtain the compensation you are entitled to.
As you can see, this can be an incredibly difficult process to navigate. That is why it’s in your best interest to connect with an experienced attorney from Sklavos Law Firm to assist you in these difficult times. Our team will fight diligently to help you recover the compensation you are entitled to in accordance with the court order. Contact us today to learn how we can assist you.
