You failed to pay alimony. Will you go to jail?

Alimony, or spousal support, is money one spouse pays the other after a divorce. One spouse pays this money because the other spouse needs financial help to maintain their lifestyle. The spouse can either pay it as a set amount of money each month or as a sum of lump sum payments spread out over time.

The spouse may also pay it in different ways, such as paying utility bills directly to the utility provider and covering health insurance premiums purchased by the other spouse.

Judges frequently find individuals in contempt for not paying alimony and then sentence them to jail. But in addition to contempt, there are other ways that the law could punish you for not paying alimony, including:

● Having your wages garnished.

Your employer will take money out from your paycheck to pay for the support. If a portion of your salary is already being withheld for other debts by your employer, such as child support, this may mean that you will not have enough money to pay for necessities.

● Have your bank accounts cut off.

It can lead to financial ruin because you will not be able to pay your bills and may even risk bankruptcy.

There are two different types of contempt orders:

– Direct contempt

It is when a person willfully disobeys a judge’s order, knowing it was wrong not to obey it.

– Indirect contempt

It occurs when a person disobeys an order only because the judge enforces it.

In Florida, if they serve you with a court order for non-payment of alimony, you have 14 days to respond to the allegations. If you don’t respond, the judge will grant a default ruling. The judge will examine your lack of response and determine whether you deliberately disobeyed the order if your ex-spouse files a motion with the superior court clerk asking for you to be held in contempt by the court.

If the judge finds that you willfully failed to comply, they will issue an order to find you in contempt of court. A judgment declaring you to be in contempt of court will direct the clerk to issue an arrest warrant. It is important to note that Florida judges do not have jurisdiction over federal courts, such as bankruptcy courts or courtrooms. So if the judge found you in contempt and issued an arrest warrant, then the officer would not be able to take you into custody at that time.

Bottomline

If you fail to pay alimony, don’t worry. The family court judge will not send you to jail. But the judge could issue an enforceable contempt court order against you only by arrest. That can lead to jail time.

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