Trouble Receiving Spousal Support?

Contact Our Portland Divorce Lawyer About Spousal Support Enforcement

Photo of an arguing couple
When individuals choose to forgo their court-ordered obligations to pay spousal support, Portland divorce attorney Ronald Allen Johnston is ready, willing and able to help you recover the spousal support you’ve lost due to this serious and unacceptable offense. Similar to failing to pay child support, negligent payors may be found in contempt of court if they neglect to uphold spousal support orders. However, this enforcement can often be difficult to recover without the guidance and dedication our experienced Portland divorce lawyer can provide you.

How Our Portland Divorce Attorney Can Help

There are several ways Ronald Johnston can work with the court in order to legally hold the refusing party responsible, as well as force the individual to pay spousal support or other obligations under the divorce decree. These actions include:

  • Civil Contempt of Court – This is the most common way of enforcing any order of court. The person who is owed support will demonstrate to the court that the ex-spouse is not fulfilling his or her obligations under the support decree. The other party will have a chance to respond. If the court agrees the non-payment is willful, the judge may order payment, fines and more to ensure the order is followed.
  • Wage Garnishment – This can be served upon an employer, and the funds can be directly taken out of the person’s paycheck.

Spousal Support Enforcement and Modification

Oftentimes, when a person who owes money is faced with a petition for enforcement, he or she will then respond for a downward spousal support modification. A common defense to a motion to enforce spousal support is that the payor lost his or her job, does not make the same amount of money as before or has other circumstances that have changed. This may require additional discovery (the collecting of evidence), oral depositions and subpoenas to the employer. There may be a hearing or trial on the issue of spousal support enforcement and modification. Our firm can help you properly deal with this situation in addition to other family law matters.

Another common situation our clients face is if an unemployed payor can file for bankruptcy to avoid paying spousal support. Spousal support is not a dischargeable debt and can still be pursued before, during and after bankruptcy with the assistance of a qualified attorney.

Contact Our Portland Divorce Attorney Today

Since 1976, Ronald Allen Johnston has protected the rights of individuals seeking advocacy during divorce. Talk with us today by calling (503) 226-7986 to learn more about how we can provide you with our experience, resources and direction during this trying time.

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