If my ex is several thousand dollars behind on paying me alimony, how can I go about getting him to pay it?

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If my ex is several thousand dollars behind on paying me alimony, how can I go about getting him to pay it?

He is supposed to pay me $1,000 a month in alimony which he refuses to pay. What is my legal recourse? He also collected over $10,000 in tax money on a house in which he was the lien holder that I ended up getting in the divorce. He never paid the taxes the last 3 years and now it’s going into foreclosure. He never disclosed any of this in mediation or the divorce. Is there a way to make him have to pay the taxes current since he collected the money for the last 3 years?

Asked on February 26, 2011 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Basically you have bought yourself a lawsuit. In other words, you need to go back to court to sue depending on the manner in which the alimony was awarded.  If the court awarded the alimony after trial and by order then he is in contempt of the court order and you need to bring an action for contempt.  You also need to bring a motion to modify the order based upon the non-disclosure.  If you agreed to the alimony in a divorce agreement then you need to sue for breach of the agreement and to modify the agreement.  Get a lawyer.  This is going to be a long haul. Good luck.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If someone has not paid you money that is due to you--such as for alimony--your main recourse is to sue them for the money and to enforce the court order or settlement. Similarly, if the ex-husband was supposed to pay the taxes, you may be able to bring a legal action to force him to pay them; this is called seeking injunctive relief. Alternately, it may be possible for you to pay the taxes, to avoid foreclosure, then sue him to seek reimbursement. In any event, you have legal recourse, but you must take legal action to obtain it. Do not delay; consult with a matrimonial or family attorney *immediately,* who can help you vindicate your rights. Good luck.


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