The sudden loss of income after your ex-spouse misses spousal support payments can leave you wondering how you will cover expenses that you planned around those. You do not have to treat missed payments as something you simply have to accept. A court order creates an ongoing obligation and Ohio law provides ways to address unpaid support.
Here are some of the things that can happen when those payments stop.
Missed payments can become arrears
Unpaid support can build up as arrears, meaning the amount your ex-spouse still owes under the existing order. A missed payment does not automatically cancel or reduce the obligation. Unless a court changes the order through the proper legal process, the existing terms generally remain in place.
Court enforcement can address nonpayment
A court can address the issue through a contempt proceeding. If the court determines your ex-spouse is in contempt for failing to make required payments, Ohio law requires the court to assess the proceeding’s costs and order payment of reasonable attorney fees.
This process gives you a way to ask the court to address unpaid support rather than relying on your ex-spouse to voluntarily continue payments again without guarantee.
Direct payments can change after default
Ohio law also provides a collection option for certain spousal support payments made directly to the recipient. If your ex-spouse defaults, the court can end that direct-payment arrangement, determine how much they owe you and require future and past-due payments to go through the Ohio Office of Child Support.
This option applies only in certain circumstances, including cases where you and your ex-spouse have no minor children born from the marriage and you have not assigned the support payments to the Ohio Department of Job and Family Services.
Take action when payments stop
When an ex-spouse stops paying, reviewing your support order and the available enforcement options can help you determine what steps make sense for your situation. An attorney can review the order with you, assess the unpaid amounts and explain which court process may apply to your case.