This is the next post in my series on enforcing the provisions of a Nevada Divorce Decree in the Las Vegas Courts. My last article discussed forcing the sale of assets pursuant to a divorce. The Court will order the sale of assets, such as cars and homes, if it becomes clear that the other party will not comply with the terms of the Decree. It should be noted, however, that such sales will typically only be required if other options to gain compliance have been exhausted. An experienced attorney can assist you with determining the best path forward. In this article, I will discuss dealing with a spouse who is failing to pay spousal support. If you or a loved one are in need of assistance then contact my office today to speak with a family law lawyer.
Former spouses can be held in contempt of court for failing to follow Nevada alimony orders
A Nevada Divorce Decree will contain provisions regarding alimony (also known as spousal support). Even if neither party is to pay the other, such will be explicitly stated in the Decree. In cases where payments are required, the Decree will state the amount to be paid, the frequency (i.e., whether payments are made monthly, quarterly, annually, or as a lump sum), and the duration of such requirements. The Decree will also state whether the payment obligations are “non-modifiable.” If a paying party fails to meet their obligations, then they may be held in contempt of court. This can result in civil penalties and potential jail time for the offending spouse. The offending spouse will continue to owe any outstanding money even after paying such penalties or serving time in jail.
The first step in dealing with a spouse who is not paying their support is to “meet and confer” with them regarding their failure to follow Court orders. Your attorney will typically contact the opposing party (or their attorney if they are represented) and discuss the outstanding payments. If the other side promises to make payments by a certain date, then your attorney will send them a confirming email or letter stating as such. If the payments are not made by that date then your attorney will typically give them a very short time frame (typically a few days) to become current. If payment is not made then your lawyer will file a Motion for an Order to Show Cause. The Court will schedule a hearing and if the other party is not able to demonstrate a justification for the non-payment, then the Court will schedule a “Show Cause” hearing. The non-paying party will typically be held in contempt at such a hearing. How the Court will proceed at that point will depend on the facts of the case. It should be understood that the Court’s goal is to gain compliance with the Decree and not to punish the other side. The Court will have several options in terms of forcing compliance.
If the Court believes that the offending party will not pay the alimony then the Judge may take proactive measures to secure the funds. Such measures can include granting a garnishment of the offending party’s pay, requiring the sale of assets which were awarded in the divorce, and more. If there are not sufficient assets to satisfy the amount owed, then the Court will turn to incarceration if it has no other options to force compliance. As stated above, the offending spouse will still owe the money upon release.
Contact a Las Vegas lawyer regarding the non-payment of spousal support
If you are dealing with the non-payment of alimony then it is strongly suggested that you retain an attorney to assist you. Arguing back and forth with the other side will often prove to be unproductive. Moreover, if one does not properly meet and confer, pursuant to the local rules of the Eighth Judicial District, then the Court may rule that any Motion filed would be premature. By retaining counsel, you help to ensure that your matter is handled correctly. This, in turn, helps to prevent delay in regard to obtaining payment.
I am a Las Vegas family law lawyer who regularly deals with divorce, alimony, and post-decree issues. I understand that this is an important time in your life and that you wish to move on. My firm will give your matter the attention it deserves. If you are in need of assistance then contact us online or by telephone to schedule an initial consultation. I assist individuals throughout the southern part of our state, including those in North Las Vegas, Henderson, Summerlin, and Boulder City.