One of the reasons that it's important to include alimony in official divorce documentation is that you have more protection if your ex doesn't follow through on the payments. If you and your ex have a verbal agreement with no written documentation for alimony, it's left to their whims. On the other hand, if you don't receive the ordered alimony payment from your ex, you have legal options that can help you get your money by going through the court system.
How The Courts Can Help
When the court receives notice that either your ex is delinquent in payments or that they have completely failed to pay, there are several ways for the court to try to recover the payments for you.
- They may order the amount to be paid to you in a lump sum
- They may garnish your ex's wages or order a bank levy
- They could order the transfer of title of property
- They could place a lien against the payer's real or personal property to get payment
Possible Consequences Your Ex Could Face
In addition to acquiring the payments for you, the courts can also choose to enact several punishments. In this instance, there are several options that the court has.
- They could find your ex in contempt of the court's order. For this to happen, you would have to file a contempt motion to enforce the alimony payment.
- If your ex is in contempt of the court, they become subject to arrest and bail provisions under North Carolina state laws.
- Additionally, you are a creditor and have access to all of the rights creditors have to seek debt payment.
Skilled North Carolina Family Law Attorneys
Whether you are considering a divorce or need help enforcing a previous alimony finding, the lawyers at Jerkins Family Law are here to help you. Call them today with any questions at 919-719-2785 or reach out online for assistance.