Published on:

Obtaining spousal support payments when a spouse does not pay

No Alabama resident likes it when someone else owes them money and refuses to pay it. This is particularly true where the individuals may not have the best of relationships to begin with, as is often the case after a divorce.

No Alabama resident likes it when someone else owes them money and refuses to pay it. This is particularly true where the individuals may not have the best of relationships to begin with, as is often the case after a divorce.

For instance, when one spouse owes another spouse spousal support, the Alabama spouse who is owed the alimony payments can sometimes find it hard to actually collect on those payments, even in the face of a court’s order. Fortunately, there are methods to help individuals deal with the possible failure to pay alimony by the other spouse.

Through a qualified domestic relations order, individuals can ensure they actually receive the support and other payments they are entitled to after a divorce. This is a particular type of court order that targets a person’s retirement benefits, such as a pension plan or 401k. It works by recognizing the other spouse’s right to receive these retirement benefits of the spouse.

Accordingly, if the spouse does not pay spousal support or other obligations, a court can order that the support payments can be paid directly from the spouse’s retirement benefits. The order thus acts as a lien on the retirement benefits. Ultimately, the entry of a qualified domestic relations order will depend on the unique circumstances of each case, including what retirement benefits a paying spouse may have, and what types of support payments will be established in the divorce. By working with a divorce attorney, individuals can determine whether a qualified domestic relations order should be entered in their case, and what the particular terms of that order might look like.

Posted in:
Published on:
Updated:

Comments are closed.