We’ve been practicing family law in Tennessee a long time, and we’ve seen some pretty heart-breaking scenarios. But when your former spouse refuses to pay alimony – or even worse, child support – it can hurt a lot more than your heart. Ensuring that your former spouse follows the mandated divorce decree can be complicated, so start by calling your divorce lawyer for help.

The Process of Filing for the Money You’re Owed

Sometimes, there are legitimate reasons why your former spouse can’t pay the ordered amount of child support or alimony. A prolonged illness which leaves him/her with high medical bills, or a change in employment that comes with a lower paycheck, can both lead to a cash flow shortage. In these cases, your lawyer and your spouse’s lawyer should sit down and negotiate a new plan for payment, and request a modification of the original divorce decree from a family law judge.

If your spouse turns out to be a deadbeat, however, or simply doesn’t feel s/he needs to pay what is in the decree, the judge may order:

• Wage assignment. Your spouses’s employer will withhold the amount of income you’re entitled to receive from his/her paychecks and deposit that money into your account.
• Jail time. Your judge may first attempt to hold your spouse in contempt of court and order that s/he pay the late support and fines. But if your spouse still doesn’t pay, and has made no effort to modify the divorce decree, the judge could order him/her to spend time in jail.

That being said, we understand how appealing it might be to see your ex land in one of our Tennessee Jails. However, sending your former spouse off to do time doesn’t necessarily mean you’ll see your money; in fact, it could delay him/her getting you the owed support. So while you might feel vindicated in the moment, it won’t necessarily help you or your children get the financial support you deserve.

The best option? Talk to your lawyer. You don’t want to tackle this problem on your own.