How Alimony Enforcement Works When Your Spouse Stops Paying

Under New York Domestic Relations Law § 244, each missed alimony payment creates a separate, enforceable right. Unpaid amounts accumulate as arrears from the date each installment was due, and a court can confirm them by order and docket them as a money judgment, which then accrues interest at New York's statutory rate.

The limitations period depends on the source of the obligation. For an active court order, you can file a violation petition without a hard statutory deadline, though courts will consider unreasonable delay under equitable principles. Once arrears are reduced to a money judgment, CPLR § 211(b) gives you 20 years to enforce it. If the support obligation comes from a separation agreement that was incorporated but not merged into the divorce decree, the six-year contract period under CPLR § 213 may apply to amounts not yet reduced to a court order.

Wage garnishment is usually the most direct route. Under CPLR § 5241, a court issues an income execution directing the obligor's employer to withhold wages and remit payments to you or the Support Collection Unit. This is the standard enforcement vehicle for obligors who were not already subject to automatic income withholding under the original divorce decree.

New York courts can reach several types of income:

• Wages, salary, and bonuses
• Commissions and professional fees
• Pension and retirement distributions
• Unemployment and disability benefits, within statutory limits

You file the application in the court that issued the original order, with documentation of the arrears. You then serve the income execution on the employer, who must comply within the statutory period. An employer that ignores the order can be held liable for amounts that should have been withheld.

When wage execution is unavailable or has not produced results, a contempt proceeding under Domestic Relations Law § 244 gives the court authority to compel payment through penalties.

To establish contempt, you need to show three things: a valid court order exists, the respondent had notice of it, and the respondent willfully failed to comply. Willfulness means the obligor had the money and chose not to pay, not simply that payments stopped.

Once you establish nonpayment, the burden shifts to the respondent. They must show an inability to pay with documentary evidence, including tax returns, bank statements, and employment records. Stating financial hardship without supporting documentation is not enough.

Civil contempt and criminal contempt carry different consequences:

Under DRL § 237(b), the court may also award attorney fees to the prevailing party. In practice, many obligors pay once a warrant issues, before any incarceration is ordered.

When the obligor is self employed, earns variable income, or holds assets outside the reach of wage execution, courts have additional tools.

Bank levies and property liens. A restraining notice served on a financial institution under CPLR § 5222 freezes the obligor's accounts, preventing withdrawals or transfers. A sheriff's levy can follow to collect the funds. For real property, docketing a judgment with the county clerk creates a lien under CPLR § 5203 on any property the obligor owns in that county. The lien must be satisfied when the property is sold or refinanced. Bank account garnishment is most effective when the obligor holds identifiable deposit accounts.

Tax refund intercepts. When a case is enrolled with the Support Collection Unit and certified arrears meet the threshold, New York can intercept the obligor's state tax refund through the state offset program. Federal tax intercepts are available through the same channel for enrolled cases that include a child support component.

License suspension. Under Social Services Law § 111-b, obligors with arrears of four months or more may face suspension of their driver's license and professional licenses. This tool is administered through SCDU and often produces compliance faster than a court proceeding, because it directly affects the obligor's ability to work.

New York's Support Collection Unit (SCDU), part of the Office of Child Support Services, handles enforcement of maintenance orders when they are combined with a child support obligation. Once your case is enrolled, SCDU can pursue wage executions, tax intercepts, license suspension, and credit bureau reporting without requiring a separate court motion for each action.

Enrollment begins through the county social services department or Family Court. For cases involving only a maintenance obligation with no child support component, court-based enforcement is the standard route. SCDU works best for straightforward income situations. When the obligor has hidden assets, complex business income, or disputes the arrears balance, court proceedings give you access to discovery and more targeted remedies.

Enforcement gets harder when the obligor disputes arrears, claims inability to pay, or files a concurrent modification petition. An attorney can identify the most efficient tools for the financial situation, calculate arrears accurately, and prepare the documentation courts require.

Attorney fees in a successful enforcement proceeding may be recoverable under DRL § 237(b). When the obligor also seeks to modify the support order, both the enforcement and the modification can often be resolved in a single proceeding, which limits delays.

How long do I have to collect unpaid alimony?

For an active court order, there is no hard filing deadline on enforcement petitions, though courts consider extended, unexplained delay. Once arrears are reduced to a money judgment, CPLR § 211(b) gives you 20 years to enforce it. For support under a separation agreement that was not merged into the divorce decree, a six-year contract period under CPLR § 213 may apply to amounts not yet reduced to judgment.

Can I garnish wages without going back to court?

No. A CPLR § 5241 income execution requires a court order. If your case is enrolled with SCDU, the unit can process certain income executions administratively. For cases not enrolled with SCDU, or when the obligor changes employers, a new court application is required.

What if the obligor claims they cannot pay?

They have to prove it. Once you establish nonpayment, the burden shifts to the obligor to document an inability to pay with tax returns, bank records, and employment information. A bare assertion of hardship does not satisfy that burden, and a pending modification request does not excuse existing arrears.