What to Do When Your Ex Refuses to Pay Spousal Support

Carl Hopkins • August 31, 2023

Divorce can be a complicated and emotionally draining process, especially when financial support is involved. When a judge orders your ex-spouse to pay spousal support, you expect that they’ll follow through with the ruling. Unfortunately, there are cases when your ex may refuse to pay, causing additional financial stress and frustration. If you’re currently in this situation, know that you have legal options to take against your ex-spouse. In this blog post, we’ll discuss what you can do if your ex refuses to pay spousal support in Arkansas.



1. Send a Reminder: The first step you can take is to send a reminder or request for payment to your ex-spouse. Sometimes, your ex may have just forgotten to submit a payment or experienced financial changes, which resulted in difficulties on their end. Be sure to communicate with them in writing and detail the payment history and remaining balance. You can ask for a payment plan or schedule for future payments.


2. File a Motion to Enforce: Additionally, you can file a Motion to Enforce the Court’s Order. This motion will request the court to enforce the spousal support order, and the court can take several approaches to collect the overdue amount. This includes wage garnishment, contempt charges that can lead to a fine or imprisonment. 


3. Get Help From the Department of Child Support Enforcement: If you have a case with the Department of Child Support Enforcement, you can ask for their assistance. They can help collect the overdue amount on your behalf. This can also lead to the suspension of your ex-spouse's driver’s licenses, professional licenses, and tax refunds.


4. Reach Out to a Lawyer: If you feel like the above steps are still not effective, consider hiring a lawyer. An experienced attorney will guide you through the legal process and represent you in court if necessary. A spousal support lawyer can also go after your ex-spouse's properties or assets. 


5. Modify the Spousal Support Agreement: Lastly, if you and your ex-spouse have experienced significant changes in your financial situations, you can modify the spousal support agreement. This can reduce or increase payments, depending on the changes in circumstances. However, this modification will require a court hearing.


Divorce is already a complicated process, and the added stress of an ex-spouse disobeying court orders can cause significant emotional and financial stress. However, the good news is there are several options available to you. Start by sending a written reminder, file a Motion to Enforce, seek help from the Department of Child Support Enforcement, hire a lawyer, or modify the spousal support agreement. By doing so, you're taking control of the situation and ensure the court’s order is fully enforced. It's essential to act quickly and have patience as the legal process can take time. Don't hesitate to reach out to a family law attorney to better understand your legal options and rights.


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