If your ex-spouse is under a court order to pay support and those payments stop, you need to contact an attorney right away. The defense may be that he/she no longer is employed or they no longer have the ability to pay but that’s not your problem at the moment. Your problem at the moment is to go to court and bring an enforcement petition to make sure you are taking every step you can to get that spouse to start paying again. If that person quit his or her job in order to avoid paying, the court will find that out through testimony and documentation and the spouse generally will not be relieved from paying that obligation.
They don’t have a choice. They have to work, they have to support, and they have to abide by the court order. There are situations where orders can be modified or vacated. However, the facts and circumstances behind those situations are so particular to each case, it would not be appropriate to comment in a general way. If you are receiving support or supposed to receive support and you don’t get the money, the first thing to do is to contact an attorney and go to court.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.