A court-ordered alimony award isn’t a suggestion. It’s a legally binding obligation. When a former spouse stops making payments, falls behind, or simply decides they’re done paying, Florida law gives the recipient meaningful tools to enforce the order and recover what they’re owed.
Why Alimony Nonpayment Happens
People stop paying alimony for different reasons. Some face genuine financial hardship and can’t keep up with payments. Others simply decide to stop without pursuing a proper modification through the court. And some use nonpayment as a pressure tactic during ongoing disputes.
The reason matters because it affects the appropriate response. A spouse who legitimately can’t pay has a legal avenue to request a modification. A spouse who won’t pay faces a different set of consequences entirely. Working with a St. Petersburg alimony lawyer helps you figure out which situation you’re actually dealing with and what makes sense to do about it.
What Are Your Enforcement Options
Florida courts take alimony enforcement seriously. When payments stop, recipients have several tools available.
Motion for contempt. Filing a motion for contempt of court is one of the most direct enforcement mechanisms. If the paying spouse is found in willful contempt of a court order, consequences can include fines, attorney fee awards, and in serious cases, jail time. Courts don’t take defiance of their orders lightly.
Income withholding orders. Florida law allows alimony to be collected directly from the paying spouse’s wages through an income withholding order. If one isn’t already in place, getting one established can eliminate the problem of missed payments going forward.
Liens and asset seizure. Courts can place liens on real property, bank accounts, and other assets belonging to the nonpaying spouse. This is particularly useful when the paying spouse is self-employed or has assets beyond a regular paycheck.
Passport denial. In cases involving significant arrears, the state can request that the federal government deny or revoke the paying spouse’s passport until support obligations are brought current.
License suspension. Florida has the authority to suspend a nonpaying spouse’s driver’s license, professional licenses, and recreational licenses when alimony arrears reach a certain threshold.
What If the Paying Spouse Claims They Can’t Afford It
A paying spouse who genuinely can’t meet their alimony obligation has one appropriate option: file a petition to modify the existing order based on a substantial change in circumstances. Simply stopping payments without going through that process is not a legal option, and courts treat it accordingly.
If your former spouse is claiming hardship as a reason for nonpayment but hasn’t filed for modification, that’s worth discussing with a St. Petersburg alimony lawyer right away. You don’t have to wait for them to take action before protecting your own interests.
What About Arrears
When a paying spouse falls behind, those missed payments accumulate as arrears. Florida courts can order the full amount of unpaid alimony to be repaid, sometimes with interest. Unlike child support, alimony arrears can be waived by the recipient, but that decision should be made carefully and with legal guidance.
The McKinney Law Group helps clients in St. Petersburg and throughout Florida evaluate whether pursuing arrears makes financial sense given the paying spouse’s actual resources and the likely cost of enforcement proceedings.
If payments have stopped and you’re not sure what to do next, getting clear answers about your enforcement options is the right first step. Reach out to a St. Petersburg alimony lawyer at The McKinney Law Group to understand exactly what tools are available and how to use them effectively.