Consequences of Failing to Pay Spousal Support in California

November 14, 2024

Consequences of Failing to Pay Spousal Support in California

Spousal support, also known as alimony, is a court-ordered payment to assist a former spouse financially after a divorce or separation. In California, failing to meet these obligations can lead to serious legal and financial consequences. At Williams, Drexler, & Mand PC, we help individuals navigate spousal support issues, whether enforcing or modifying orders.


Legal Consequences of Failing to Pay Spousal Support


  1. Contempt of Court:
  • Spousal support orders are legally binding. Failing to comply can result in being held in contempt of court.
  • Contempt charges may lead to fines, wage garnishment, or even jail time in severe cases.
  1. Wage Garnishment:
  • The court may order your employer to deduct unpaid support directly from your paycheck until the arrears are cleared.
  1. Asset Seizure:
  • Bank accounts or other financial assets may be seized to cover unpaid spousal support.
  1. Driver’s License Suspension:
  • The California Department of Motor Vehicles (DMV) can suspend your driver’s license for non-payment.
  1. Property Liens:
  • A lien may be placed on your real estate or other valuable property, preventing you from selling or refinancing until the debt is paid.
  1. Tax Refund Interception:
  • Federal and state tax refunds can be intercepted to pay spousal support arrears.
  1. Interest on Arrears:
  • California law imposes a 10% annual interest rate on overdue spousal support, significantly increasing the amount owed.
  1. Credit Score Damage:
  • Non-payment can negatively impact your credit score, making it difficult to secure loans or financial products.


Options If You’re Unable to Pay


If financial circumstances change, it’s essential to act quickly:

  • Request a Modification: File a motion with the court to modify the support order based on your current financial situation.
  • Negotiate with Your Ex-Spouse: Open communication may help in reaching a temporary or revised agreement.
  • Seek Legal Representation: Work with an attorney to navigate the modification process and present your case effectively.


How Williams, Drexler, & Mand PC Can Help


At Williams, Drexler, & Mand PC, we understand the complexities of spousal support cases in California. Whether you’re struggling to meet your obligations or seeking enforcement of an existing order, our experienced legal team is here to help.

Contact us today for personalized guidance and effective representation in spousal support matters. Let us help you find the best resolution for your situation.

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