Spousal Support Enforcement: Strategic Litigation for Alimony Recovery

The primary objective of a spousal support enforcement action is to transform a delinquent alimony obligation into an enforceable money judgment that can be executed against the payor’s income and assets.

Once a support payment is missed, it becomes a vested debt. Under the laws of most jurisdictions, a judge generally lacks the authority to retroactively modify or eliminate arrears that have already accrued. This means that even if the payor spouse later proves they suffered a financial hardship, they still owe every dollar that went unpaid prior to filing a formal motion. The law provides multiple avenues for recovery, ranging from administrative income withholding to quasi-criminal contempt. The strategy selected depends on the nature of the payor's income—whether they are a W-2 employee, self-employed, or hold significant passive investments.

A critical distinction in alimony litigation is the difference between an enforcement action and a modification request.

Payors often attempt to defend an enforcement lawsuit by claiming a material change in financial circumstances.

However, a payor cannot simply stop paying because their income has decreased; they must file a formal Motion for Modification to seek relief. Until the court officially signs an order modifying the support, the original amount continues to accrue at the full rate. At SJKP LLP, we aggressively challenge bad-faith unemployment or intentional underemployment. We utilize vocational experts and forensic accountants to prove that the payor has the earning capacity to meet their obligations, regardless of their self-reported income. We ensure the court distinguishes between a legitimate inability to pay and a strategic refusal to comply.

Successful enforcement requires a litigation-focused approach that utilizes the full spectrum of judicial powers to secure immediate payment and prevent future defaults.

In many jurisdictions, unpaid spousal support is subject to high statutory interest rates, ensuring that a payor’s attempt to delay payment results in a significantly larger total liability.

For example, if a state mandates a 10% annual interest rate on support judgments, a substantial arrearage can grow exponentially over time. We perform forensic interest calculations to ensure that every missed payment is properly amortized with the applicable interest. This interest is not discretionary; it is a statutory right. By the time a delinquent payor reaches the courtroom, the accumulated interest often acts as a powerful incentive for them to settle the debt immediately.

Enforcing spousal support against individuals without traditional W-2 income requires a forensic audit of assets and the use of specialized seizure orders.

When a payor is self-employed or conceals income through corporate entities, an IWO may be ineffective. In these cases, we utilize:

• Bank Account Levies: Direct seizure of funds from personal or business accounts.
• Qualified Domestic Relations Orders (QDROs): Seizing funds from the payor’s retirement accounts or pensions to satisfy past-due alimony.
• Professional License Suspension: We can move to have the payor's driver's, medical, or legal licenses suspended until they satisfy their support obligations.
• Till Taps and Keepers: In cases involving retail businesses, we can send a sheriff to seize cash directly from the business's register.

If a payor spouse moves to another state to avoid their obligations, the Uniform Interstate Family Support Act (UIFSA) provides the legal mechanism to pursue them across state lines.

Under UIFSA, a spousal support order issued in one state is entitled to Full Faith and Credit in another. We register your existing order in the payor’s new state of residence, allowing that state’s courts and local enforcement agencies to implement wage garnishments and asset seizures. There is no sanctuary for a delinquent payor; the legal reach of an alimony order is nationwide. We coordinate with out-of-state counsel to ensure that a change in geography does not result in a cessation of support.

Success in spousal support enforcement requires more than just family law knowledge; it requires the tenacity of a trial lawyer and the precision of a forensic auditor.

At SJKP LLP, we do not wait for the payor to volunteer payment. We move with speed to document the default, freeze assets, and bring the matter before a judge to secure the recovery you are legally owed.

We recognize that for our clients, alimony is a vital component of their post-divorce financial survival. We don't just request compliance; we enforce your rights through clinical litigation. Timing is critical—the longer a debt remains uncollected, the more complex the recovery process becomes.