Receiving alimony after a divorce can provide much-needed financial stability, especially when one spouse relied on the other’s income during the marriage. However, that stability can quickly disappear when payments become irregular or stop.
For someone depending on those payments to meet everyday expenses, an ex-spouse’s refusal to comply can create considerable financial strain. Fortunately, Georgia’s approach to this type of concern provides ways to address unpaid alimony without relying solely on a former spouse’s willingness to cooperate.
Can you take legal action over unpaid alimony?
In Georgia, an alimony order is legally binding. A former spouse cannot disregard the payment obligation because they disagree with the arrangement or no longer wish to provide support.
Under Georgia Code § 19-6-28, the receiving spouse may file a motion for contempt when the paying spouse fails to follow the court’s instructions.
During the proceedings, the court may examine whether the missed payments resulted from genuine financial difficulties or a deliberate refusal to pay. Depending on the circumstances, consequences may include:
- An order requiring payment of overdue alimony
- Wage garnishment or other lawful collection measures
- Additional conditions intended to secure future compliance
- Possible incarceration for contempt when legally justified
Importantly, a court must consider the paying spouse’s ability to comply before imposing coercive incarceration.
What should you do when alimony payments stop?
Before pursuing enforcement, it helps to gather evidence showing what remains unpaid, like:
- Bank statements
- Payment histories
- Copies of the original court order
The receiving spouse should also avoid informal arrangements that could complicate future enforcement. If financial circumstances have changed, the paying spouse may need to seek a formal modification rather than independently reducing payments. A legal team in Georgia handling family law issues can help evaluate the unpaid amounts, pursue appropriate enforcement measures and protect A receiving spouse’s financial interests.