For many couples who file for divorce, alimony is an anticipated monthly expense. However, if you miss an alimony payment, it’s critical to understand what you can expect. Unfortunately, there are several outcomes that can occur based on your circumstances, so familiarizing yourself with the potential outcomes is critical. The following blog explores what you should know about these matters, including the importance of working with a Long Island alimony lawyer when you need assistance during this process.

How Is Alimony Calculated?

First and foremost, it’s imperative to understand what alimony is. Alimony, also called spousal support or spousal maintenance, is a payment made to one spouse each month to help financially support them following a divorce. The sole purpose of alimony is to help supplement the other spouse until they can get back on their feet. You should also note that alimony is not automatically awarded to the lower-earning spouse; Instead, if a spouse wishes to receive alimony, they must request and have it approved by the court.

When determining if alimony is necessary, the courts will consider the following factors:

  • The age and health of each spouse
  • The income of each spouse
  • The earning capacity of each spouse
  • The length of the marriage
  • Whether or not one spouse sacrificed their career to stay at home and support the other
  • The state of the job market

Once it’s determined if alimony payments are necessary, you’ll need to understand how these matters are calculated. Generally, there is a formula the courts use. Generally, the court will take 20% of the paying spouse’s income and subtract it from 25% of the recipient’s income. However, this format can change based on the custodial parents and child support payments.

Can I Face Consequences if I Miss an Alimony Payment?

Generally, if your alimony payment is a few days late, you may not face any legal ramifications. As such, if you anticipate making the payment a few days past the due date, the most important thing you can do is talk to your ex-spouse. Explain the circumstances and inform them of your full intent to pay as soon as possible. This can help ease issues as it shows that you’re willing to communicate with your spouse when problems arise.

However, if you repeatedly miss payments and fall behind on your alimony, your ex-spouse has several legal options they may pursue. They may file a motion with the court to hold you in contempt for failing to comply with a court order. This essentially stirs the court into action, as they can take measures to enforce the alimony order. You can face heavy fines and fees if you are found guilty of contempt. In some cases, you may go to jail, although this is incredibly rare in divorce cases.

If you still fail to make payments, the court can take measures to enforce the court order, including wage garnishment. If this occurs, your employer will be legally required to withhold a portion of your paycheck each pay period and send it to the creditor instead.

As you can see, missing alimony payments can have serious legal consequences. That is why it is in your best interest to explore your legal options with an experienced attorney with the Law Offices of Jay D. Raxenberg, P.C. Our team is committed to exploring all avenues to help you fight for the best possible outcome during these difficult times. When you need help, contact our team today.