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What if I Miss Alimony without a Post-Divorce Modification?

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You may not necessarily agree with the alimony order the Tennessee family court imposed. What’s more, you may eventually find it financially unfeasible to keep up with these payments. However, you must not simply protest your alimony order with a refusal to pay. Rather, you must officially request that the court modify or terminate this order. Follow along to find out what happens if you miss your alimony payments without a post-judgment modification and how one of the proficient Clarksville alimony lawyers at Fendley and Etson can help you get this order officially revised.

What happens if I miss my alimony payments without a post-judgment modification?

If you continually neglect to make your alimony payments, your former spouse may turn to taking legal action. That is, they may file a petition for post-judgment enforcement with the Tennessee family court. Further, they may testify in the presence of the court, proving that your consistently missing required payments has been detrimental to their financial stability.

With this, the court may order for your wages to be garnished or for your tax returns to be seized to make up for the outstanding payments. But if it finds that you have willfully disregarded the terms of your alimony order, then you may be held in contempt. This may come with any or all of the following consequences:

  • The court may add interest to your outstanding alimony amount.
  • The court may temporarily suspend your driver’s license.
  • The court may place a lien on your bank accounts.
  • The court may sentence you to serve time in jail.
  • The court may order the sale of your properties.

What do I do to officially modify my alimony order?

To avoid the legal consequences mentioned above, it is in your best interest to formally file a post-judgment modification with the Tennessee family court. This petition must be supplemented with financial documents that prove your inability to meet your currently-standing alimony order.

For example, you may provide your most recent pay stubs to prove that you were forced to take a lesser-paying job after being laid off from your previous employment. Or, you may provide your most recent medical bills to prove that you were diagnosed with a serious illness or disability that requires a costly treatment plan. Lastly, you may provide bankruptcy filing documents to prove that you have recently undergone an unexpected financial hardship.

You must understand that filing for a modification does not mean that you can stop making alimony payments for the time being. Instead, you must continue to abide by your currently-standing alimony order until the court rules on a modification or termination, if anything at all.

Even if you are just considering filing a post-judgment modification, you must consult with one of the talented Clarksville family lawyers from Fendley and Etson. Call our firm today.