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What are the Consequences for Refusing To Pay Alimony in Texas?

What are the Consequences for Refusing To Pay Alimony in Texas?

Failing to meet court-ordered alimony obligations can result in severe legal and financial penalties in Texas. If you need assistance with spousal support enforcement or defense, call Rojas Law Firm at 210-299-4600 to schedule a confidential consultation with a reputable Texas alimony lawyer with more than two decades of experience in handling spousal maintenance cases throughout South Texas.

Contractual Spousal Support Vs. Court-Ordered Spousal Maintenance

Texas recognizes two distinct types of post-divorce financial support between former spouses. Contractual spousal support is a private agreement negotiated by the parties, usually as part of the divorce settlement, and included in the final decree. Court-ordered spousal maintenance is awarded by a judge under the statutory guidelines of the Texas Family Code.

Consequences for Refusing to Pay Alimony in Texas

When a paying spouse refuses to comply with a spousal maintenance order, Texas courts have several enforcement mechanisms available. Understanding these consequences for refusing to pay alimony in Texas helps both paying and receiving spouses know what to expect when payment obligations go unfulfilled.

Income Withholding

Wage garnishment is one of the most common enforcement tools for collecting past-due spousal support. Courts can order employers to withhold payments directly from the paying spouse’s paycheck before it is received. Income withholding can affect:

  • Regular wages and salaries.
  • Bonuses and commissions.
  • Retirement account distributions.
  • Unemployment benefits.
  • Workers’ compensation payments.

License Suspensions

Texas law allows the suspension of various professional and personal licenses when alimony payments become delinquent. The state can revoke or suspend your driver’s license, professional licenses, and recreational licenses until you bring your account current or establish a payment arrangement.

Contempt of Court

Courts can hold non-paying spouses in contempt when they willfully refuse to pay court-ordered support. Contempt proceedings carry serious penalties that can compel compliance. The court may impose:

  • Fines up to $500 for each violation.
  • Jail time up to six months.
  • Payment of attorney’s fees for the receiving spouse.
  • Additional sanctions determined by the judge.

Liens on Property

The court can place liens on real property, vehicles, and other assets owned by the non-paying spouse. A lien prevents the sale or refinancing of property until the outstanding spousal maintenance debt is satisfied, and the receiving spouse may receive proceeds from any eventual sale.

Writ of Execution

Courts may issue a writ of execution authorizing law enforcement to seize and sell the non-paying spouse’s personal property to satisfy the debt. The sheriff or constable can take possession of non-exempt assets, sell them at public auction, and apply the proceeds toward the overdue support obligation.

Judgment Plus Interest

Past-due alimony payments accumulate as a judgment against the non-paying spouse. The court adds interest to the unpaid balance, which continues to grow until full payment is made. Interest calculations include:

  • Post-judgment interest at the legal rate under Texas Finance Code § 304.003.
  • Compounding of unpaid amounts.
  • Additional fees and costs associated with collection efforts.

Jail Time

Texas law allows incarceration for contempt of court. However, judges generally reserve jail time for cases involving willful refusal to pay rather than genuine inability. A divorce attorney at Rojas Law Firm can help demonstrate financial hardship or seek modification of the support order when circumstances have changed. Incarceration periods can last up to six months per contempt finding under Texas Family Code § 157.166, and judges may impose consecutive sentences for multiple violations.

How a Texas Alimony Attorney Can Help

When your former spouse refuses to pay court-ordered support, we can take immediate legal action to enforce your rights and recover the payments you deserve. Our firm uses every available enforcement tool to hold non-paying spouses accountable. We can:

  • File contempt motions to compel payment.
  • Initiate wage garnishment proceedings.
  • Request liens on property and assets.
  • Pursue license suspension actions.
  • Seek judgment collection through writs of execution.
  • Recover attorney’s fees and court costs from the non-paying spouse.

If you cannot afford to pay your current support obligation due to changed circumstances, we can petition the court for a modification based on your financial situation. Our attorneys work to protect you from enforcement actions while seeking appropriate relief. We can:

  • File a motion to modify the support order.
  • Gather evidence of changed financial circumstances.
  • Present documentation of income reduction or increased expenses.
  • Negotiate adjusted payment terms with your former spouse.
  • Protect you from contempt charges while the modification is pending.
  • Request temporary relief until the court rules on your petition.

Contact an Alimony Lawyer in Texas

Whether you need help enforcing an alimony order or protecting yourself from enforcement actions for refusing to pay alimony in Texas, Rojas Law Firm provides experienced legal representation. Call us at 210-299-4600 or contact us online to schedule a confidential consultation with a trusted Texas alimony lawyer who can evaluate your situation and protect your rights.

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