Divorce Law: Alimony
Collecting alimony can be tough if the spouse required to pay it isnt living up to his/her end of the bargain. In the event that your spouse isnt paying the settlement ordered alimony, he/she is in contempt of court and I recommend you alert the proper authorities. The court can then help you get the money you are owed by issuing one or more of the following court-orders.
Basic Types of Alimony:
Wage Withholding: With a wage garnishment court order against your spouse, your spouses employer is legally bound to withhold a portion of his/her paycheck, and then forward the money either to you or to a state agency to give to you. The amount taken from your spouses paycheck will depend on how much your spouse owes and how late he/she is on payment.
Wage Garnishing: Wage garnishing is different than withholding in that a lump sum is taken from your spouses earnings, rather than portions of several paychecks. Depending again on how much your spouse owes you and how late the payment, his/her employer might be ordered to forward your spouses entire paycheck to you for deposit.
Writ of Garnishment - Personal Property: According to JT Spaulding Associates, a writ of garnishment is a court order whereby a third party holding your spouses liquid assets (such as savings and checking accounts, stocks, IRAs, etc.) is required to turn the money over to the court. The court will then give it to you. For each establishment holding your spouses assets, you will need to present a different writ of garnishment.
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