Being ordered to pay alimony can be a shock for some people. In Florida, alimony payments can be large, and understandably a spouse is usually not thrilled about paying his or her former spouse a large amount of money for years or even decades.
In some cases, the spouse may be so outraged about the alimony payment that he or she considers not paying it.
However, it’s important to know that the court order which orders you to pay alimony each month is not a request – it’s an order. If you don’t follow the order, you are in violation of the law.
If you don’t pay alimony, typically the spouse who isn’t receiving the alimony will notify the court, and the court will order the individual to pay the alimony.
After the initial warning, the court has a couple of options. It can garnish the individual’s bank accounts, wages, or other assets. The court can also require that attorney’s fees and court costs of the other spouse be paid. Finally, the court can also order the individual who is not paying alimony go to jail. In order to send someone to jail for nonpayment, however, the court must have proof that the spouse has the money to pay but is refusing.
It’s understandable that if you have been ordered to pay a large amount of alimony each month, you are probably not pleased. However, refusing to pay is never a good idea. If circumstances have changed since your divorce, such as your spouse cohabitating in a romantic relationship or your income being reduced, you may be able to successfully petition the court to have the alimony lowered or even eliminated. Seeking a modification is much better legally than simply refusing to pay.
If you have large alimony payments and you wish to have those reduced, there may be a legal reason to ask the court for a modification.