A spouse who willfully defaults on alimony, child support, or payment of attorney's fees may be held in contempt of Court.  Essentially what that person is doing is making a conscious decision to not pay what was ordered by the Court.   The fees associated with collection are generally the responsibility of the obligor spouse, but it's generally critical that you show the party has the ability to pay.  Once you get past that, it's important to understand that contempt may be civil or criminal in nature and punishable by a variety of remedies.   Widely utilized when a party willfully does not pay is commitment.  That is, a hearing to throw the party in jail until he pays.  It's a good motivator and often gets the point across to the party that if they have the money and they owe the money, they better pay.  There are other remedies the Court may employ, but it's important that they be plead correctly.

Enforcement of non-payment of child support or alimony is a major issue in our current down economy.  Many recipients of this support need it to cover basic needs like food and shelter.  When a party stops paying, it may mean hungry children, eviction, even homelessness.  These cases can take some time and fact finding is required prior to instituting the action.  It is therefore very important if you are not receiving child support or alimony as ordered, to contact an attorney immediately to discuss your legal rights.

If you are seeking an enforcement order, we recommend you obtain competent legal representation. Contact our office today to speak with an attorney at (561) 472-0919.