What happens if my husband refuses to pay maintenance?

If your husband refuses to pay maintenance (alimony) as ordered by the court, there are several legal actions you can take to enforce the support agreement and ensure compliance. It is crucial to address this issue promptly, as failure to pay maintenance can have serious financial implications and legal consequences.

Here are the steps you can take if your husband refuses to pay maintenance:

1. Review the Court Order

• Ensure It’s a Legal Obligation: Make sure that there is a court order or legal agreement that requires your husband to pay maintenance. If the payments are based on a verbal agreement or informal arrangement, you may need to seek a formal court order to make it enforceable.
• Check Payment Terms: Review the terms of the maintenance order, such as the payment amount, frequency, and duration, to ensure they are clear and precise. Any ambiguities in the order can make enforcement more challenging.

2. Communicate with Your Husband

• Open Dialogue: Before taking legal action, it may be helpful to communicate directly with your husband about the missed payments. Sometimes, issues such as financial hardship, misunderstandings, or temporary cash flow problems may cause delays in payment.
• Written Reminder: If informal communication doesn’t work, send a written reminder (email or letter) outlining the terms of the court order and requesting that the maintenance payments be brought up to date. Keep a copy of this communication for your records.

3. File a Motion for Contempt of Court

• Contempt of Court: If your husband continues to refuse to pay maintenance, you can file a motion for contempt of court. This is a formal request to the court to enforce the existing maintenance order. If your husband is found in contempt, the court may impose penalties or other measures to compel him to comply with the order.
• Legal Consequences: Being found in contempt of court can result in various consequences, including fines, wage garnishment, or even jail time in extreme cases if the failure to pay is deemed willful and not due to financial incapacity.

4. Request Wage Garnishment

• Automatic Deductions: If your husband is employed, you can ask the court to implement wage garnishment to automatically deduct maintenance payments from his paycheck. This ensures that the payments are made directly to you from his wages, making it more difficult for him to avoid paying.
• Employer Involvement: The court can order his employer to deduct the alimony payments from his salary and send them directly to you. Wage garnishment is one of the most effective ways to enforce maintenance payments.

5. Request a Lien on Property or Bank Accounts

• Levy on Assets: If your husband owns property or has significant assets, you may be able to request the court to place a lien on his property or seize funds from his bank accounts to cover the overdue maintenance payments.
• Property Seizure: In cases where there is significant debt owed for maintenance, the court can order the seizure or sale of your husband’s property to satisfy the arrears.

6. Seek a Suspension of His Driver’s License or Passport

• License Suspension: In some jurisdictions, the court may have the authority to suspend your husband’s driver's license or passport until he complies with the maintenance order. This is a strong enforcement tool that can compel him to take the payment obligation seriously.
• Other Restrictions: Depending on the laws in your jurisdiction, additional restrictions or penalties may be imposed, such as blocking his ability to obtain loans or credit until the alimony arrears are paid.

7. Collect Maintenance Arrears

• Arrears Collection: If your husband has fallen behind on payments, you can request the court to enforce arrears collection. This process helps to collect overdue payments and may involve the use of garnishment, liens, or other enforcement mechanisms.
• Interest on Arrears: In many cases, the court will add interest to any overdue maintenance payments, increasing the amount your husband owes. This can make it more costly for him to delay payments.

8. Seek Legal Assistance

• Consult a Lawyer: If your husband refuses to pay maintenance, it’s crucial to consult with a family law attorney who can advise you on the best course of action and help you file the necessary motions with the court.
• Legal Support for Enforcement: Your attorney can assist you in navigating the legal system to ensure that your rights to alimony are upheld. They can help with filing contempt motions, garnishment requests, or other enforcement actions.

9. Explore Alternative Dispute Resolution

• Mediation: If the refusal to pay maintenance stems from a financial dispute or inability to pay, consider seeking mediation. A mediator can help you and your husband reach a mutually agreeable payment plan or resolution. Mediation is often faster and less adversarial than going through the court process.
• Modification of Maintenance: If your husband’s refusal is due to genuine financial hardship, you may be able to seek a modification of the maintenance agreement through the court. This can adjust the payment amount or structure based on changes in your husband’s financial situation.

10. Report to the Child Support Enforcement Agency (if applicable)

• If the maintenance involves child support payments, you can report the non-payment to the child support enforcement agency (CSEA). These agencies have specialized tools and resources for collecting overdue support payments, including wage garnishment, tax refund interceptions, and more.

Example

If your husband has missed several months of maintenance payments and refuses to pay, you may first attempt to communicate with him and send a written reminder. If he still does not comply, you can file a motion for contempt in court. If the court finds him in contempt, it may order wage garnishment, impose fines, or even threaten jail time if the non-payment continues.

Conclusion

If your husband refuses to pay maintenance, there are several legal avenues you can pursue to ensure the court order is enforced. You can request wage garnishment, file a motion for contempt, seek a lien on his property, or even request a suspension of his driver's license or passport. Working with a family law attorney is essential to ensure that your legal rights are upheld and to take the necessary steps to collect the support you are owed. Courts take non-payment of maintenance seriously, and there are effective legal remedies available to compel compliance.