Alimony awards require one spouse to pay the other spousal support maintenance for a defined period. Typically, the alimony payment obligations terminate upon the death of either spouse or when the recipient remarries or cohabits with a nonfamily member of the opposite sex. When a spouse ordered to pay alimony does not pay, courts can order garnishments or hold nonpaying spouses in contempt of court.
Types of Alimony
Florida courts have the discretion to award alimony on a temporary or permanent basis. Rehabilitative or durational alimony awards require one spouse to temporarily support the other spouse while seeking gainful employment or obtaining a degree. The alimony award is typically defined for a certain time limit or until the receiving spouse attains self-sufficiency. In Florida, permanent alimony continues until death or remarriage.
Contempt Requests
Spouses can request show cause or contempt orders against their former spouses who are delinquent in their alimony payments. Noncustodial parents can file a Motion for Civil Contempt and Enforcement by using the Supreme Court Form 12.960 to initiate a contempt proceeding against the nonpaying spouse. Once the custodial parent completes the form and files it with the clerk's office in a local circuit court with jurisdiction over the matter, he must serve the motion and accompanying summons on the defendant-nonpaying spouse through personal service by a process server or sheriff.
Contempt Hearings
The circuit court may order a trial where the custodial parent has the burden of proving her spouse failed to comply with a valid alimony support order. Her former spouse must provide a valid reason as to why the court should not find him guilty of contempt. If the court finds her guilty of contempt, the court can order imprisonment, payment of compensatory fees and fines, and it can order immediate payment.
Garnishments and Pledges
Under Florida law, courts can issue garnishments attaching personal property against spouses who fail to pay their monthly alimony payments. To obtain a garnishment, the recipient spouse must file an attachment or garnishment for past-due alimony in court and request service of the salary garnishment on the defendant and the defendant's employer. Once the employer receives the notice, then them employer must withhold portions of all future paychecks until the delinquency is settled. To prevent subsequent delinquencies, judges may require the spouse obligated to pay permanent alimony to purchase a security bond, provide a personal pledge or guarantee as a promise to continue paying future payments.
Considerations
Since family laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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