Enforcing alimony in Claremore can be a daunting endeavor. Alimony, also known as spousal support, is a court-ordered payment from one spouse to another after a divorce to help maintain financial stability. While the courts in Claremore and Rogers County issue alimony orders based on various factors, enforcing those payments can sometimes be challenging if the paying spouse refuses to comply. Fortunately, Oklahoma law provides multiple legal remedies to ensure alimony obligations are met.
What Counts as Failure to Pay Alimony
Failure to pay alimony occurs when the paying spouse does not meet their court-ordered spousal support obligations, either by making incomplete payments, irregular payments, or stopping payments altogether. This applies whether the alimony is ordered as periodic payments (monthly or quarterly) or a lump sum. Even a partial payment that does not fully satisfy the court’s mandate can be considered noncompliance.
Additionally, intentional attempts to avoid payment—such as quitting a job, hiding assets, or relocating to evade enforcement—may also be deemed willful nonpayment. Since alimony is a legal obligation, any failure to pay as ordered by the court can result in enforcement actions. Examples may include wage garnishment, asset seizure, and potential contempt of court proceedings.
Filing a Motion for Contempt Enforcing Alimony
One of the most effective ways to enforce alimony is by filing a motion for contempt with the court. When a spouse willfully fails to pay court-ordered alimony, the receiving party can petition the court to hold them in contempt. If found in contempt, the non-paying spouse may face:
- Fines;
- Wage garnishment; and
- Possible jail time for continued noncompliance.
A contempt hearing provides the paying spouse with an opportunity to explain their non-payment. If the court finds that they have the ability to pay but are willfully refusing, it may impose penalties to compel compliance.
Wage Garnishment (Income Withholding Order)
Oklahoma law allows courts to order wage garnishment to ensure alimony payments are made. With an income withholding order, the employer of the paying spouse is legally required to deduct the alimony amount directly from their paycheck and send it to the receiving spouse. This method ensures consistency and reduces the risk of missed payments.
Liens on Property and Assets
If the paying spouse owns assets, the receiving spouse may seek a lien on those assets. Examples include real estate, vehicles, or other valuable assets in Rogers County. A lien acts as a legal claim against the property. Thus, this prevents the paying spouse from selling or transferring ownership until they satisfy their alimony obligations.
Seizure of Tax Refunds and Bank Accounts
The court can also order the interception of state and federal tax refunds or levy bank accounts to recover unpaid alimony. This is particularly effective if the paying spouse receives lump sum payments or bonuses that can be redirected toward their alimony debt. Often this will happen after the court has ruled on the matter.
Claremore Alimony Attorneys
If your ex-spouse is failing to meet their alimony obligations, seeking legal counsel is crucial. A qualified Claremore family law attorney can help you file the necessary paperwork for enforcing alimony. This may include motions that will help to enforce the court orders. They will also explore the best legal options for recovering all your unpaid alimony.
For assistance with alimony enforcement in Rogers County, contact our Claremore Attorneys today. We offer a free consultation for all your legal needs. Call us at 918-379-4872, or use our Ask A Lawyer page to discuss more.
