WHAT DO I DO IF MY EX IS BEHIND ON SPOUSAL SUPPORT PAYMENTS?

DONALD F. CONVISER, a Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Family Law and Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, brings you another informative and educational blog, responding to questions posed to him by members of the public in areas of Family Law and Divorce.

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: What do I do if my ex is behind on spousal support payments? In our divorce my ex agreed to pay a monthly amount for the debt he left me with. After some time he got several months behind, I hired a lawyer and went to court to get the money, plus interest, attorneys fees, etc. He was ordered to double up payments until caught up and the interest and fees were added to his balance. He is behind again. Do I have to hire a lawyer again or can I contact the courts and inform them he is behind again?

ANSWER: From your question, it would appear that what is owed to you is not Spousal Support, but instead, a monthly installment payment obligation on a debt. There is a significant difference between the two.

Were your ex-husband employed and not paying Court ordered Spousal Support, you could file and serve an Order to Show Cause for Contempt against him, a quasi-criminal proceeding, potentially leading to jail time.

However, we don't have "debtors' prison" for failure to pay debts other than support, so if the order is for a monthly installment payment on a debt, you can't seek Contempt remedies against your ex-husband.

You can't contact the courts and inform them that your ex-husband is behind again, without using an appropriate, recognized legal process.

You may file an Application for Issuance of a Writ of Execution with the Court, and have the Sheriff levy the Writ that is issued upon your husband's bank account or employer, to collect the amount that is overdue.