Ways to enforce a maintenance order
In New York, unpaid maintenance can usually be enforced in Supreme Court, where the divorce was granted, and in some situations in Family Court. Available tools include a money judgment for the arrears, an income execution that takes payments from wages, and in some cases contempt, which is aimed at willful nonpayment. Courts can also order security, such as life insurance or a lien on property, and may award counsel fees to the spouse who had to bring the enforcement case. Which tool fits depends on the payer's income, assets, and history of compliance. Self-help, such as holding back parenting time to force payment, tends to backfire and is no substitute for the court process.
Proof of what was missed
Alimony enforcement depends on clear records. Gather the judgment or agreement, a payment history showing dates and amounts received, and any messages in which your former spouse acknowledges the obligation or explains the nonpayment. If the two of you informally changed the payments at some point, collect proof of that too, since it may come up, although an informal change often does not alter what the order requires. Information about the payer's employer, bank accounts, and property helps target the remedy. Informal deals to forgive past-due amounts can create disputes later, so any change should be put in writing and approved by the court.
Choosing a path forward
In an initial review we read the order, calculate the arrears, and discuss which enforcement steps match the situation. If the payer stopped because of a change in income, they may file for a modification, and the two issues are often heard together. We also discuss whether interest applies to the arrears and how enforcement might affect any ongoing relationship, such as coparenting. If the payer lives in another state, interstate rules allow the order to be registered and enforced there. Acting sooner usually keeps more options available.
