Spousal support refers to an ongoing series of payments payable to one spouse over a specified duration of time after a divorce. Here’s what you need to know about enforcing spousal support and collecting unpaid alimony.
Spousal support payments are generally taken directly from a spouse’s pay by their employer and sent to spouses in an earnings assignment or income withholding through wage garnishment. There are various ways to collect owed support payments.
Getting Support Payments
Unless there are extenuating circumstances, employers will send the money directly to the former spouse. If also receiving child support, the employer sends the money to the State Disbursement Unit which then sends it to them. When a judge orders spousal support payments in conjunction with a signed earnings assignment order. The earnings assignment order tells a spouse’s employer to take the support payments out of their spouse’s pay. For spouses with child support earnings assignments as well, the employer takes child support out first and then proceeds with taking out spousal partner support.
A judge can order that a spouse send payments directly to the spouse if they do not have a regular employer, for example, they may be self-employed or work contract jobs.
Getting Support Payments Directly From A Spouse
Some parties may opt to receive support payments directly from a spouse. This is usually done for spouses who have a history of making payments on time or when having the employer pay may cause potential hardship. Recipients of child support whose cases involve the Local Child Support Agency will need someone from that agency will need to agree as well. The judge must sign off on all agreements to make them a part of the order.
Related: Difference Between Alimony and Spousal Support in CA
If spouses agree to get payments directly from their spouse, they can still ask for an earnings assignment, however, it is recommended that it be put on hold. In the case that a spouse stops paying support a judge may end the stay of the earnings assignment. Spouses should have it sent to the employer.
How to Collect Unpaid Spousal Support
1. Have unpaid support added into an earnings assignment
If a spouse misses payments, they can ask a judge to make an order that says exactly how much is owed in unpaid support known as arrearages. A request can be made to a judge to order that spouses make a monthly payment on the amount unpaid in addition to their monthly payments.
2. Fill out and file court forms at a local county clerk’s office.
- Request for Order (form FL-300)
- Application to Determine Arrearages (form FL-490)
- Declaration of Payment History (form FL-420)
- Payment History Attachment (form FL-421) to show the overdue support amounts
3. Obtain the FL-300 form and check the box at item 8 (“Other Orders Requested”) to prepare for filing
4. Write in to determine arrears and set a monthly liquidation payment of a reasonable amount)” and “liquidation payment” is the payment that goes towards back spousal or partner support.
5. After filing the forms someone should make spare copies of the papers and serve a copy of the papers to the spouse. Be sure to send a copy to the Local Child Support Agency if they are part of the case
6. A judge will decide on court dates whether to change the amount.
Related to: Spousal Support After a Long-Term Marriage in California
The Local Child Support Agency
Those unable to secure their spousal support disbursements on their own should reach out to the Local Child Support Agency which assists with the collection of spousal support for those receiving child support or orders for past-due child support free of charge.
The Local Child Support Agency has various ways to help collect support that includes but are not limited to the following:
- To databases to find where someone works
- May take income tax refunds
- May report the unpaid support to a credit agency
- Have money taken from someone’s bank accounts
Contact Us
If you or a loved one would like to learn more about Enforcing Spousal Support, get your free consultation with one of our Spousal Support Attorneys today!