What are my options for collecting alimony while my husband is laid off?

Full question:

I was divorced in the state of Nevada in 2003 and have been receiving alimony since then that should continue until June 2010. My ex husband is losing his job as of June and has not been able to find one and until he does will not be able to make the alimony payments. Do I need to notify the courts and if he can not make payments can the existing order be extended for the amount of time that the payments are not being made. What are my options?

  • Category: Divorce
  • Subcategory: Alimony
  • Date:
  • State: Georgia

Answer:

His obligation does not cease due to the job loss. If he is unable to pay the alimony it is possible that he could seek a modification of the divorce but it depends on the type of alimony, as well as other factors. If he fails to make payments, you have the right to collect the back payments provided that the limitation period does not expire.

It would be his duty to do something to allow him to cease payments. If you agree for him to cease payments an agreed modification could be entered. Hope this helps.

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

If your ex does not pay alimony, you have the right to pursue legal action to collect overdue payments. This may involve filing a motion with the court to enforce the alimony order. The court may also hold your ex in contempt, which could lead to penalties or wage garnishment. It’s important to document missed payments and seek legal advice to understand your options.