I’m concerned by ex will stop alimony payments. How do I keep payments timely and at the same it’s been?

My ex husband has been paying alimony for several years,
but because I didn’t have a court order, he has dropped the
payment by 800 a month, as well as attacking my
youngest and forcing us out if his home. He has thrown all
of our belongings, which I paid for away. I’m disabled, I
need help.

Asked on October 30, 2018 under Family Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Without a court order or a settlement resolving your divorce case and requiring alimony, he would have no obligation to pay--it would be voluntary for him to pay, and if it is voluntary, he can voluntarily reduce or stop the payments whenever he likes. Without a court order or binding settlement, he cannot be forced to pay alimony.
If he attacks you or your children, you can and should file charges and seek a protective order.
If you have children with him and they are minors, he should be paying child support; even if he has not previously agreed to or been ordered to pay, you may be able to seek child support.
If he has thrown away anything belonging to you, you can also press charges for theft or sue him for the value of those things.
Speak to a family law attorney about how to protect your children and yourself, and how to seek child support (if appropriate) and how to seek compensation for anything of yours he stole, discarded, or destroyed.

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