How can I collect back alimony that has not been paid?

Full question:

I'm divorced and got alimony for 4 years; however, my ex has not paid since last year. He lost his day job, but he is also self-employed. Should I go back to court for payments not received? We are still holding title as joint with survivorship can that be changed to joint in common? Please advise. Should I change how my ex and I are holding title to our home and go back to court for alimony not received?

  • Category: Divorce
  • Subcategory: Property Settlements
  • Date:
  • State: Nevada

Answer:

When a court order isn't followed, a petition for contempt may be filed in the court that issued the order. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court.

A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final.

Child support may be modified if there is a significant change of circumstances. A significant change of circumstances may include, among others, a substantial increase or decrease in income, or contribution to expenses by another due to cohabitation or remarriage.

Spousal support may be modified if the decree or separation agreement provided that the court would retain continuing jurisdiction over the amount and/or duration of support. If there is language that the order is final and not modifiable, that language will be binding and the support can never be changed.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, you can go back to court for alimony after divorce if there are valid reasons, such as your ex-spouse's change in financial circumstances. If your divorce decree allows for modification based on changes in income or other factors, you can file a petition to request a review of the alimony arrangement.