When spousal support is ordered, it is a good idea for both parties to keep careful records of all payments made or received. If the court required that the payments be made through the Child Support Enforcement Agency (CSEA) such records are usually kept by the Agency, but sometimes errors are made.
If the party paying spousal support (payor) falls behind or fails to pay the required spousal support, there are a number of ways that these orders can be enforced, including seek work orders, intercepting tax refunds, or obtaining a court judgment to collect the past due amounts. The most common method of enforcement is to file a motion for contempt with the court.
The court expects the recipient of the support to carry the burden of proof that a court order for spousal support exists and that the payor has not complied. Then, the payor is given an opportunity to defend against the motion. The inability to pay is usually the defense attempted, but claiming that the order was “too high” and difficult to meet may not be enough. If the court, in the order for support, reserved jurisdiction to modify spousal support in the future, the payor may also request a modification.
If you are faced with an issue related to enforcing spousal support, you will need the experience of the attorneys at Edward F. Whipps & Associates, who have been helping families and individuals with spousal support problems for over 30 years.
Contact an Experienced Spousal Support Lawyer Today
If you need a spousal support lawyer, please contact Edward F. Whipps & Associates for help. You can arrange a confidential initial consultation at a mutually convenient time by calling our downtown office at (614) 461-6006, our Dublin office at (614) 461-6007, or filling out this online contact form.