What to Do When Your Ex Refuses to Pay Spousal Support

Blair Streitenberger • August 31, 2023

Divorce can be a tough and emotional process. One of the major concerns for spouses going through a divorce is spousal support, also known as alimony. The court order requiring your ex-spouse to pay spousal support is legally binding, and if they refuse to pay, you have the right to take legal action. In this blog post, we will discuss what options you have if your ex-partner refuses to pay spousal support in South Carolina.



1. Seek Legal Assistance: The first and most important step to take when your ex-spouse refuses to pay spousal support is to consult with a family law attorney. Your attorney will help you understand your legal rights and options. Your attorney can also help you communicate with your ex-partner and their legal representative to settle the issue.


2. File a Contempt Motion: If your ex-partner fails to pay spousal support as ordered by the court, you can file a contempt motion. This motion asks the court to hold the non-paying spouse in contempt of court, which can result in fines and ordered compliance. Filing a contempt motion is a legal process, and working with an attorney is recommended.


3. Wage Garnishment: Another option to enforce spousal support payments is to get a wage garnishment order from the court. This order directs your ex-partner's employer to deduct the money directly from their paycheck and send it to you. This can ensure regular payments and simplify the process for both parties.


4. Seek Enforcement from the Department of Social Services: If your ex-partner is receiving government assistance, such as unemployment benefits or workers' compensation, you may be able to seek enforcement through the Department of Social Services (DSS). DSS can intercept and redirect a portion of these benefits to go towards spousal support payments. This is another great option to pursue if your ex-spouse is not meeting their court-ordered obligations.


5. Negotiate a Settlement: If your ex-spouse is unable to pay spousal support, you may be able to negotiate a different settlement. This can be done through mediation or legal negotiation. Your attorney can help you come to an agreement that works for both parties and supports your financial needs.


Spousal support is an important issue that must be handled with care and attention. If your ex-partner is refusing to pay spousal support, there are steps you can take to enforce the court order or negotiate an alternative agreement. Seeking legal assistance is crucial to ensure that your rights are protected and you receive the support you need. Don’t let the stress of non-payment consume you. Take action today and protect your financial future.


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